YALE UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE RICHARD S. FELLOWES FUND HISTORY OF GUERNSEY. THE HISTORY OF GUERNSEY; OCCASIONAL NOTICES JERSEY, ALDERNEY, AND SARK, BIOGRAPHICAL SKETCHES. BY JONATHAN DUNCAN, ESQ., B. A., AUTHOR OP ' THE DUKES OF NORMANDY," " THE RELIGIONS OF PROFANE ANTIQUITY,' " THE RELIGIOUS WARS OF FRANCE," &c, &c. LONDON. LONGMAN, BROWN, GREEN, AND LONGMANS, PATERNOSTER-ROW. GUERNSEY.— HENRY BROUARD, BORDAGE-STREET. 1841. IE nt* ret) at Stationers' fffall. H. Brooahd, Printer, Guernsey. TO SIR DENIS LE MARCHANT, BART. Sir, It is with peculiar satisfaction that I inscribe this volume to you. The antiquity of your family, and the public offices they have long held in the island, have induced me to solicit your acceptance of this dedication of the history of your father-land. Among your progenitors are included six chief magistrates, the first of whom filled the presidential chair at the remote date of the year 1304. From that early period to the present time, the name of Le Marchant has held an uninterrupted and honoured rank in the annals of the bailiwick; and your lamented father, who so nobly fell at Salamanca, added fresh and unfading laurels to your ancestral escutcheon, as did, in a minor degree, your gallant brother, who died of a wound received at the close of the peninsular war. May I venture to hope that your influence will be actively exerted in bringing before her majesty's government the Guernsey system of landed tenure, which I have fully explained in the chapter on VI DEDICATION. "Agriculture," and which, I am convinced, would greatly promote the prosperity and the tranquillity of Ireland, if introduced into that country. Indeed, I have long thought that no remedial measure better deserves the careful attention of the legislature, and it would prove to yourself a source of laudable pride if the land of your forefathers served as a model for the regeneration of a high-minded but suffering people. I have the honour to remain, Sir, Your most obedient servant, Jonathan Duncan. Guernsey, 1 84 1 . PREFACE. When this work was announced for publication, the prospectus stated that its principal materials would be derived from orders in council, acts of parliament, and ordinances of the royal court ; and that subsidiary information would be sought in authentic manuscripts and family documents. I confidently hope that an impartial examination of the volume will justify me in saying that those pledges have been faithfully redeemed. In order to render this History as complete as pos sible, application for assistance was made to every quarter from whence useful hints or suggestions seemed likely to be Received ; and it is now my pleasing duty to acknowledge the valuable aid rendered to me by some of the most enlightened gentlemen in the island. Foremost on the list stands Mr. Ferdinand Brock Tupper, whose indefatigable perseverance, extensive researches, and acute judgment, have imparted a value to the work which it never could have acquired through my own unaided exertions. Not alone to my personal gratitude is he entitled — he deserves the best thanks of every Guernseyman who feels a patriotic interest in the annals of his native land. Vlll PREFACE. The venerable and truly noble-minded bailiff, Mr. Daniel De Lisle Brock, has also laid me under heavy obligations : the experience of his long and useful life has often directed my erring judgment into the right channel, and he most liberally placed at my disposal a large collection of manuscripts and printed docu ments, replete with interest and instruction. The lieut.-bailiff, Mr. John Guille, of St. George, entrusted me with the papers of his ancient and re spected family, together with those of the late Mr. Thomas Le Marchant, a gentleman of great literary acquirements, who left behind him, in MS., an unfi nished history of his native island. I am also indebted to Sir William Collings, jurat of the royal court, for the loan of his valuable collection of manuscripts, and many judicious communications. Nor can I omit the name of Mr. Charles De Jersey, the learned attorney-general of the bailiwick, from whose library and estimable counsels I have reaped a rich harvest of legal information. In the chapter on the " Constitution of Guernsey," Mr. James Barbet, Jun., tendered me most valuable assistance, and his name is a sufficient guarantee for the accuracy of all that relates to insular jurispru dence and legislation. The chapter on "Ecclesiastical Architecture" was contributed by the Rev. William Collings Lukis, B.A., of Trinity college, Cambridge ; that on " Climate and Diseases," by Frederick Collings Lukis, M.D.; those on " Antiquities," and " Natural History," were written by Mr. Frederick Corbin Lukis, the talented father of those gentlemen. Mr. Hilary Ollivier Carre, a highly esteemed jurat PREFACE. IX of the royal court, is the author of the useful chap ters on "Horticulture" and "Meteorology." Other casual assistance is acknowledged in the text and notes. It has been well observed, that biography is the handmaid of history, and that she is frequently a more agreeable companion than her mistress. The reader who is of this opinion will be interested by a perusal of the "Biographical Sketches " in the Appen dix. Guernsey has reason to be proud of many of her sons, and I have felt much pleasure in inserting their memoirs, although necessarily brief, — as the materials with which several are composed would, probably, in a few years, otherwise have been lost. As a few living characters are introduced in this por tion of the work, a cursory reader may be surprised at not finding a memoir of Daniel De Lisle Brock. But the insular history of the last forty years is so closely identified with the patriotic services of that eminent functionary, that I thought his life would best be read in the record of those public acts which have conferred so much benefit on the island. I now submit the work to public criticism. The matter is almost wholly original, and the narrative is strictly a History of Guernsey, with incidental allu sions to the other channel islands. I have carefully avoided swelling out the narrative by blending the annals of the bailiwick with those of England. Jonathan Duncan. Esplanade, Guernsey, 1841. TABLE OF CONTENTS. CHAPTER I. POLITICAL HISTORY.— (Page 1.) Guernsey known at a remote period. — The Sarrazins possess a castle in Guernsey. — Island ceded to Rollo by King of France, in 912. — Robert the Devil. — Castles of the Marais and Jerbourg. — William the Conqueror. — Fiefs of Anne- ville and Saumarez. — Channel Islands independent of England during the reign of Stephen. — Cornet Castle. — Beauregard tower. — Inhabitants exempted from taxa tion and service out of the island. — King John. — His forfeiture of Normandy. — Guernsey remains faithful to him. — Edward the First. — Commission of inquiry. — Bailiffs and jurats authorised to levy a duty on ships and boats, to erect a wall to protect harbour. — Public seal granted to Guernsey and Jersey . — Invasion of Guernsey. — Otho De Grandison. — Edward the Second. — Precepte d'Assize. — Edward the Third. — Invasion and capture of Guernsey by Philip De Valois. — The island recovered. — Refutation of the statement that Guernsey was recovered by the people of Jersey. — Normandy ceded to France, but the Channel Islands retained by England. — Guernsey again attacked by Charles the Fifth of France. — Guernseymen defeated at Vazon bay. — Retreat to Castle Cornet. — Gallant defence, — Enemy repulsed, and island evacuated. — Richard the Second. — Confederacy between France and Spain to ravage the Channel Islands. — Charters of Guernsey confirmed by Henry the Fourth. — Channel Islands plundered by the French. — Henry the Sixth. — Confirmation of charters. — Collectors of customs at Plymouth, Poole, and Southampton, forbidden to exact toll or custom from the inhabitants of Guern sey. — Guernseymen assist in the recapture of Mont Orgueil castle, Jersey, from the French. — Edward the Fourth. — Privilege of neutrality granted to Guernsey. — Edward the Sixth. — Sark seized by the French. — Attack on Guernsey repulsed. — Mary. — Sark recovered by stratagem. — Inhabitants of Guernsey allowed to import provisions from England, duty free. — Popery. — Elizabeth.- — Confirmation of char ters and neutrality. — Toll for completing harbour. — Court reprimanded for mis applying harbour revenue. — Sark ceded to Helier De Carteret. — Endowment of Xll CONTENTS. grammar school in Guernsey. — College. — Carey family. — Arbitrary conduct of governors. — Sir Thomas Leighton.— James the First. — Privileges confirmed. — Royal commissioners appointed. — Charles the First. — Guernsey sides with the parliament. — Sir Peter Osborne holds out Castle Cornet against the parliament. —Provisional government of Guernsey, Alderney, and Sark, vested in Peter De Beauvoir, and the other jurats.— Order to seize Sir Peter Osborne and the castle. — Ineffectual attempts.— Letter from the king.— Peter De Beauvoir, James De Havilland, and Peter Carey, entrapped and confined in Castle Cornet ; their escape ; secret conspiracies in the town ; ringleaders seized and sent to England. — Lord Warwick appointed governor of Guernsey and Jersey. — Letter of Prince Charles to Mr. Amias Andros. — Disturbances, and hostilities between Mr. Russell, lieut.- governor, and the inhabitants. — Threatened invasion. — Factions in Guernsey. — Commissioners appointed by parliament to settle disputes and regulate the affairs of the bailiwick. — Sorcery. — Form of homage by a seigneur of the island to the king.— Capitulation of Castle Cornet. — Affairs of Jersey. — Cromwell. — Poverty of Guernsey. — Petition for relief. — Richard Cromwell. — Charles the Second. — The authorities acknowledge the hereditary title of the Stuarts. — Commissioners appointed to report on the affairs of the bailiwick. — Order of council thereon. — The names of Oliver and Richard Cromwell erased from the public records. — William De Beauvoir and Peter Carey fined by council.— Charge against Lord Hatton, governor ; his recal. — Menaced invasion ; a French spy executed. — Charter confirming privileges. — Explosion at Castle Cornet, and destruction of Lord Hatton's family. — Appointment of bailiff, procureur, contr61e, and dean, declared to belong to the crown. — Order in council respecting duties, &c, of bailiff, jurats, and advocates. — Election of sheriff confirmed to the states. — Castle Cornet transferred to the board of ordnance. — Grants made by the king to Guern sey. — Provisions of navigation act extended to Channel Islands. — Guernsey more English than Jersey. — James the Second. — Attempt to restore popery. — Civil jurisdiction of the court in regard to soldiers confirmed.- — Importation of wool from Southampton permitted. — Movement in favour of William the Third. — Roman catholics forced to lay down their arms. — Invasion again menaced. — Islands put in state of defence. — John Tupper. — Battle of La Hogue. — The quartering of soldiers, &c. — Charters of neutrality withdrawn. — Address to the king. — Anne. — Dispute between bailiff and jurats respecting passing contracts for the sale of land. — Sir Edmund Andros appointed bailiff for life, with power to nominate a lieutenant-bailiff. — This prerogative contested and confirmed. — Recusation of magistrates. — Impressment of sailors not inhabitants of Channel Islands. — Hano verian dynasty. — Proclamation of George the First. — Confirmation of commercial privileges. — George the Second.— Standard of weights. — Acts of parliament to be registered and published. — Estates in England not taxable. — Herm, Jethou, Lihou, and Grande Mare leased out. — Crown officers allowed to appoint deputies. — The Victory wrecked. — Militia. — Attacks on Chausey, St. Malo, and Cherbourg. — Definition of powers of lieutenant-governor and court. — The court reprimanded. — No Guernsey vessel to clear without showing bills of lading to proper officer. — George the Third. — Complaint of delays in clearing vessels. — Remedy granted. — Duties to be paid to the governor fixed. — Disputes between bailiff, jurats, and greffier respecting registration of contracts. — French repulsed at Jersey. — CONTENTS. Xlll Descent on Jersey. — Death of Major Pierson. — Fort George commenced. — Dis pute between inhabitants and court respecting equipment of militia ; accoutre ments sent from England. — Mutiny at Fort George. — Privateers. — Sir James Saumarez. — Crescent. — John Breton. — Distinguished characters. — New prison ; its regulations, &c. , &c. — Lord Moira's expedition. — Russian troops. — Barracks erected. — Sir John Doyle. — Coast defences. — Braye du Valle.— New roads. — Currency of the island. — Salaries of public officers increased. — Horn.street case ; attempt of court to raise money without consent of states, defeated. — Introduc tion of indirect taxation. — College. — Public improvements ; opposition thereto. — Attempt to impose a tax on French shipping. — Taxation. — Appeal to council thereon. — Captain Dobree and three natives drowned. — Greek brig-of-war Cimoni. — The militia made " royal." — Cholera. — Attempt to extend habeas corpus act to Guernsey. — Corn question- CHAPTER II. COMMERCIAL HISTORY.— (Page 223.) Commerce of Guernsey cannot be traced higher than the close of the sixteenth century. — Agriculture and fishing chief occupation of the inhabitants. — Privilege of neutrality. — William the Third. — Suspension of neutrality. — Success of pri vateers. — Packet service. — Smugglers resort to Guernsey for spirits, tobacco, &c. — Wines imported and matured. — Wine trade destroyed by bonding system. — Dicey's character of Guernsey merchants. — Custom-house established (1767). — Commercial privileges infringed. — Trade driven to Roscoff. — Revival of smug gling; its suppression. — Violation of privileges. — Internal trade prosperous owing to garrison and naval force. — Success of privateers. — Brazil trade. — License trade. — Peace, 1815. — Depression of trade. — Removal of garrison. — Communication with England. — Steam navigation, 1824. — Wealth of Guernsey. — Corn bill. — Project for introducing English currency. — Rum and tobacco allowed to be ex ported in small quantities. — Present trade and manufactures of Guernsey. CHAPTER III. AGRICULTURE.— (Page 284.) Extent of Guernsey. — Tenure of property. — Sea-weed used as fuel and manure. — Rotation of crops. — Great productiveness of land. — Horned cattle. — Butter. — Advantage of small farms. — Value of land. — Moral effects of system of tenure ; its applicability to Ireland. CHAPTER IV. ECCLESIASTICAL HISTORY.— (Page 314.) Evidences of pagan worship still extant. — Druidical altars. — Sampson, bishop of St. David's, introduces Christianity into the Channel Islands in the sixth century. XIV CONTENTS. — St. Maglorius founds a monastery in Sark. — Channel Islands separated from see of Dol, and annexed to that of Coutances. — Vale church and abbey. — Vale castle. — Revenue of the prior of the Vale. — Dates of consecration of churches. — Revenue of abbot of Cherbourg. — Presentation to benefices. — Confiscations. — Claims of bishops of Coutances. — Religious houses suppressed by Henry the Fifth. — Division of confiscated tithes. — Champarts and deserts. — Henry the Eighth. — Reformation. — Confiscation completed. — School of St. Peter. — Liturgy of Church of England used in churches. — Mary. — Three women burnt for heresy. — Elizabeth. — Catholics persecuted. — Elizabeth college. — Bishop of Coutances obtains order in council for payment of dues. — Channel Islands transferred to see of Winchester. — Presbyterianism introduced by French refugees. — Elders, dea cons, and consistory. — Bailiff and jurats members. — Tithes on calves, colts, and lambs. — Presbyterianism continues through the reigns of James the First and Charles the First.— Three fellowships established at Oxford for Channel Islands. — Charles the Second. — Act of conformity introduced. — Non-conformity continues. — Scholarships at Oxford. — James the Second. — Unsuccessful attempt to restore popery. — Ecclesiastical canons for Guernsey, Sark, and Alderney. — Discipline of Church of England gradually introduced. — 1755, civil power required to enforce reading of litany. — Surplice not used in churches. — Seat of clergy in states. — Right of dean to sit in states. — First visit of a protestant bishop, in 1818. — Small tithes. — Methodism introduced, 1783 ; disturbances ; Mr. Wesley visits Guernsey, and preaches at Assembly-rooms. — Methodists persecuted for refusing to perform military duty on Sundays. — Progress of methodism. — New connexion. — Indepen dents, and other sects. — Enumeration of different denominations. — Places of worship. — Schools. — Religious and charitable institutions. — List of deans. — List of clergy, 1840. CHAPTER V. ANTIQUITIES.— (Page 370.) Druidical remains in Guernsey, Alderney, Sark, and Herm ; the cromlech, the kistvaen, and the menhir, the most conspicuous. — Cromlechs used as catacombs by Celtic tribes. — Jerbourg castle. — Tumuli in Alderney. — Mounds or watch stations. CHAPTER VI. ECCLESIASTICAL ARCHITECTURE.— (Page 385.) Chapel of St. Apolline.— St. Sampson's church. — Priory and chapel of Lihou. — Vale church.— Torteval church.— St. Saviour's church. — Forest church. — Church of St. Peter-in-the-Wood.— St. Martin's church.— Church of St. Mary de Castro. — St. Andrew's church.— Church of St. Peter-Port. — Review of general character of churches. — Religious houses. — Ancient houses in the town. St. James' and St. John's churches. CONTENTS. XV CHAPTER VII. MILITARY GOVERNMENT.— (Page 405.) Ancient titles of governors. — Governor has precedency over all other public functionaries. — Peter Le Marchant, both lieutenant-governor and bailiff. — Respect and obedience due to governor (Elizabeth, 1568). — Governor eoc-officio admiral in the island. — Jurisprudence of governor (James the First, 1607). — Governor appoints militia officers. — Guernsey militia protected from impressment. — States cannot be assembled without consent of governor. — Salary, &c, of governor. — Lieutenant-governor. — Militia aide-de-camp to the sovereign. CHAPTER VIII. CONSTITUTION OF GUERNSEY.— (Page 421.) Section 1 : Legislative authority. — Section 2 : Royal court. — Section 3 : Admi nistration of justice. — Section 4 : Parochial administration. CHAPTER IX. NATURAL HISTORY.— (Page 503.) Geology. — Lichens. — Springs and fountains. — Scenery. — Enumeration of rocks and minerals. — Submarine beds of peat. — Flora. — Entomology. — Fish. — Zoology. — Ornithology. — Sea- weed. — Crustacea. — Conchology. CHAPTER X. CLIMATE AND DISEASES.— (Page 526.) Climate resembles that of neighbouring shores of England and France ; subject to frequent changes. — Prevailing winds. — Natives strong and healthy. — Mode of living. — Sanatory regulations. — Guernsey less damp than west of England. — Ague no longer exists in Guernsey. — Prevalent diseases. CHAPTER XI. METEOROLOGY.— (Page 537.) Mildness of climate. — Extremes of temperature little felt. — Meteorological tables. — Winds. — Rain. — Fogs. — Thunder. — Frost. CHAPTER XII. HORTICULTURE.— (Page 548.) General taste for gardening. — Abundance and excellence of garden productions. XVI - CONTENTS. — Climate favourable to growth of plants. — Useful and ornamental plants found in gardens. — Floriculture, favourite pursuit. — Guernsey lilies. — Culture of plants under glass assisted by climate. — Gardening may be improved by science and art. TABLE OF BEARINGS AND DISTANCES.— (Page 560.) APPENDIX.— (Page 563.) Invasion of Channel Islands. — Descent of Sarrazins. — Charles the Second. — Dukes of Normandy. — Fief Le Comte. — Itinerant justices. — Sorcery, witchcraft, and torture. — General Lambert. — Mr. John Jeremie, knighted and appointed governor of Sierra Leone. — Braye du Valle. — Deportation of criminals, &c. — South pier. — Printing presses. — United States bank. — Ecclesiastical history. — Sunday drilling of militia. — Antiquities. — Militia. — Additional ordinances of the royal court. — Ormers. — Population. — List of bailiffs and jurats. — Laws of inherit ance. — Marriage and registration bill. — Extracts from Rymer's Foedera. BIOGRAPHICAL SKETCHES.— (Page 588.) Sir Edmund Andros. — Dr. John De Saumarez. — Henry De Saumarez. — Capt. Philip Saumarez. — Captain Thomas Saumarez. — Lieut. Carre Tupper. — Colonel Sir George Smith. — Major-General Le Marchant. — Major-General Sir Isaac Brock. — Lieut. Peter Le Mesurier. — Captain Carey Le Marchant. — Major- General Havilland Smith. — Major-General Thomas Carey. — Peter Carey Tupper. — Rev. Peter Paul Dobree. — Lieut. E. W. Tupper.— Colonel W. De Vic Tupper. — Dr. John MacCulloch. — Captain William Le Mesurier Tupper. — Thomas De Sausmarez. — Lord De Saumarez. — Sir John Jeremie. — Sir Thomas Saumarez. — Vice-Admiral Thomas Le Marchant Gosselin. — Sir Thomas Mansell. — Deputy- Commissary- General Tupper Carey. CENSUS OF THE CHANNEL ISLANDS IN 1841.— (Page 655.) ERRATA.— (Page 656.) HISTORY OF GUERNSEY. CHAPTER I. POLITICAL HISTORY. The origin of nations, even the most celebrated, is buried in obscurity. Ingenious men, of a speculative turn of mind, amuse themselves with constructing theories on traditional fragments of poetry, on rude monuments which may have undergone material changes, and even on the etymologies of language ; but such conjectures can never be received as authen tic history. The documents of truth are not anterior to civilization, and it were waste of time to search for them among barbarians. If doubt and uncertainty cloud the annals of the most mighty monarchies, it would be unreasonable to expect that the small island of Guernsey should form an exception to the univer sal law. The existence of Celtic remains, however, prove that Guernsey was inhabited at a remote period, and it was most probably visited by Julius Caesar, or some of his lieutenants, during the Gallic war. That it was known to the Romans, the Itinerary pf Antoninus attests, and traces of their fortifications, discovered at Jerbourg, confirm his testimony. The piratical fleets of the Danes and Norwegians made their first descent on the coasts of Gaul in 286 ; at least this is the date of the earliest expedition on record : about the same period the Saxon adventurers 2 HISTORY OF GUERNSEY. formed establishments in England and Scotland. It is certain that the Norwegian King Odoacer attacked Orleans, and took possession of the islands at the mouth of the Loire. That Guernsey, and the Nor man isles in the Gulf of Avranches, were visited by these freebooters, appears highly probable, affording as they must have done, convenient shelter in case of repulse from the main land of Gaul, and a secure and accessible retreat in which to deposit their plunder. At a later period the islands were of sufficient import ance to attract cupidity, and we learn from Robert Wace, that the celebrated chief Hasting landed in all the islands in 856 : En Auremen*, en Guernesrf, En SaireJ, en Erin§, en Gersi||.1f There is a passage in Gregory of Tours, which, at first glance, would lead to the conclusion that Odoacer himself possessed the Channel Islands. That old historian states, that Childeric defeated Odoacer at Orleans, and that the French destroyed the fortifica tions which pirates had constructed in the islands ; but he does not describe their locality. Ruinard, in his comment on this passage, following the opinion of Le Cointe, says that these islands were on the Loire.** The Saxon adventurers who invaded England, drove the aborigines from the level plains, and many sought refuge in the mountains of Wales. In progress of time this retreat afforded no protection against vio lence, and the natives fled to Armorica,ff now called Brittany, on the coast of Gaul.Jj: In traversing the * Alderney. t Guernsey, t Sark. § Herm. || Jersey. ^[ Roman de Rou, v. 425-6. ** Insula? istse ad Ligerim positse erant, ut censet Cointius, quas arcibus munierant Saxones, at si res minus feliciter contingerent, liberam habererit per oceanum abeundi facultatem. Not. Ruinard. Ad. Gregorium Turonensem. 1. 2. p. 71. +t Armorica is derived from Ar, signifying "upon," or "near," and "mare," or "mer," the " sea." All the countries of Gaul Dordering the ocean were so called, as we learn from Csesar. Universas Gallise civitates qu*e Oceanum attingunt, Galldram consuetudme Abho- ricAs appellatas. (Comment.) it The first emigration of the insular Britons, according to the Chronicle of Mount Saint Michael, preserved by the learned Jesuit, Labbe, took place in 513. Anno 513 venerunt trans- marini Britanrii in Armoricam, id est minorem Britanniam. The same date is also fixed in an old manuscript preserved in the cathedral of Nantes. — (Vide Vertot, Ktablissement des Bretons dans la Gaule. T. 1. P. 67.) HISTORY OF GUERNSEY. 3 Channel it may be presumed that some landed at Guernsey, and Saint Sampson, bishop of St. David's, who received from King Childebert the abbacy* of Dol, is supposed to have been the first who intro duced Christianity into the island, and united it to his spiritual jurisdiction in Brittany. These circum stances lead to the conclusion that the first regular colonists came from Wales, and even to this day the Welsh and Breton dialects are so similar that the natives of the two countries can converse together with great facility. Another horde of pirates, who distinguished them selves during the early ages of these marauding exhibitions, have received the name of Sarrazins, but their original country is not known, and they seem to have been a mixed, race drawn together by the common love of plunder. Some have fixed their native country on the banks of the Danube ; others class them among the barbarian tribes of Poland and Livonia. They overran Spain and most of the coun tries bordering on the Mediterranean. Such was the consternation they inspired that Pope Leo the Fourth, in 846, expressly composed and added to the Litany a collect beseeching the protection of Providence against these barbarians. According to tradition, the Sarrazins possessed a strong fortification in Guernsey, called the castle of Geoffrey, the Grand Sarrazin, situate on an eminence nearly in the centre of the island, which commanded from its summit an extensive view of the ocean and all the bays and principal landing places on the coast. It is the site of the modern church of Sainte Marie de Castro, which seems to have been partly built on the ruins of the ancient structure, for all the north and north-east walls appear to be older than the others, * St. Sampson is usually styled Bishop of Dol, but Mabillon expressly states that there were no bishops in Britanny before the ninth century, the bishopric of Laon excepted, so that St. Sampson was only an abbot, with the nominal rank of bishop. He arrived in Brit tany in 520, visited Guernsey in 556, .and attended .the third council of Paris ,in 577, the decrees of which bear his signature : Samson, peoheur, eveque, ai consenti et souscri. A 2 HISTORY OF GUERNSEY. and of a different style of architecture, and there are indications from some projecting stones, that gates were formerly suspended from them. We have now approached the period from which the authentic political history of Guernsey may be dated. In 912, Charles the Simple, king of France, ceded to Rollo, a Norwegian adventurer, the province of Neustria, now called Normandy, and Rollo became the first duke of that province. On his baptism and marriage with Gisele, daughter of Charles, he also received Brittany, for which Juhael Berengier, earl of Rennes, did him homage. Though the early his torians, who mention the treaty of Clair-sur-Epte, distinctly state that Rollo received all the land down to the margin of the sea, they do not include the islands ; however, if we consider the character of Rollo, his ambition, his power, and his success, there is the highest probability that he annexed the Chan nel Islands to his newly acquired dukedom, and that he possessed them de facto, as he did Normandy, long before the treaty of Clair-sur-Epte was signed. The reign of his son and successor, William Longs- word, throws no light on the annals of Guernsey. Richard the First, third duke of Normandy, banished the monks of Mount Saint Michael to the island on account of their dissolute conduct, and they settled in the Vale parish, the church of which is dedicated to Saint Michael, the archangel. In the interval between his reign and the accession of Robert the First, sixth duke of Normandy, surnamed by some writers "The Magnificent," and by others, "The Devil," nothing is recorded of Guernsey ; but there is a tradition that Robert visited Guernsey, and that his fleet anchored in a bay to the northward of the Vale, which has ever since been called " La Baie-de-1'An- cresse," or anchorage bay. At that date a consider able number of monks had congregated in the island, and the duke is said to have confirmed them in HISTORY OF GUERNSEY. 0 possession of the lands they had cultivated, but to which they had no legal title. Duke Robert the First is also said to have appointed two engineers to fortify the island, one named Barco Des Marais, and the other John De Jerbourg, who built the castles of Des Marais and Jerbourg, to which they gave their names; but this is extremely doubtful, as these fortifications appear to be of Saxon construc tion. It is highly probable that the duke would have put the island into an efficient state of defence ; but assuming that he did appoint two engineers, we incline to think that they did not construct the cas tles, but merely repaired or enlarged them, and that, instead of giving them their own names, they took their own surnames from the castles, — a practice very usual in France under the old regime, and preserved even to this day in Guernsey, where gentlemen are frequently saluted by the title of their estate. We are also of opinion, that the castle of Jerbourg, now entirely in ruins, or rather the peninsula on which it stood, originally derived its name from Caesar's bourg, or from Cherbourg, in Normandy, and the learned Camden, in his Insulis Britannicis, states' that the words Jer, Ger, and Cher, are all corrupt abbrevia tions of Caesar. The castle of Des Marais most probably derived its name from its locality, being seated on a small rocky mount, surrounded by marshy ground. In 1061, during the reign of William, seventh, duke of Normandy, and afterwards surnamed the con queror, Guernsey was attacked by a strong piratical expedition. The inhabitants sent information to the duke, who was then at Valogne, and he immediately dispatched troops under the command of Sampson D'Anneville, who landed at the harbour of Saint Sampson's. That officer was joined by the monks and such of the people who had sought refuge in the castle of Mount Saint Michael, and, assailing the in- HISTORY OF GUERNSEY. vaders with great courage, he defeated them with much slaughter and burned their ships. Duke William made large concessions of land in the island to this D'Anneville, as a reward for his valour and conduct, and to other persons who are supposed to have distin guished themselves on this occasion ; and some of these donations can be verified by authentic documents. In the thirty-ninth year of Queen Elizabeth's reign, six royal commissioners were appointed to examine what feudal tenures or manors existed in Guernsey, when Thomas Fachion, esq., laid claim to the fief of Anneville, producing an extract from the Rolls of the Exchequer of Rouen, dated the next day after the festival of Saint Luke, 1061, which certified that William, seventh duke of Normandy, had granted, in fee-farm, to the abbot of Mount Saint Michael and to Sampson D'Anneville, one half of the island of Guern sey, to be taken out of the western side of the said island, and to be divided between them in equal proportions. The deed of gift then stated that the donees should remain in possession so long as the province of Normandy and these islands remained conjoined, on the condition that the abbot, or his representative residing in the island, should perform the functions of chaplain to the duke, and that Samp son D'Anneville should officiate as groom of the stole to the duke whenever he visited the island. It was further covenanted that the heirs of D'Anneville should have the right of paying a fixed relief on their fief, of ten livres tournois, on doing homage to the duke. D'Anneville and his successors carved their estate out into several parcels, which they let on different tenures ; but in 1 143 his line became extinct, when his lands escheated to Henry, earl of Anjou, duke of Normandy, and grandson of Henry the First, king of England, then excluded from the crown of England by the usurpation of Stephen, count of Boulogne. HISTORY OF GUERNSEY. Duke Henry granted his property for a long term of years to the Earl of Mortain, in whose right they were afterwards enjoyed by Robert De Vere, as it appears from the extent of King Henry the Third, in which it is stated that the quarter part of the island, belonging to Robert De Vere, is that called the Count's or Earl's lands. When the grant made by the Earl of Anjou expired, Henry the Third gave up his regal rights on the estate to William De Chesneye and his heirs for ever, as it is proved by a charter under the great seal of England, in the 32nd year of his reign. The fief next devolved to Sir Robert Wil- loughby, in right of Margaret De Chesneye, his mother, and he sold it to Nicholas Fachion, gentleman usher to Henry the Eighth, according^ to contract passed on the 16th February, 1509, and confirmed by an inspeximus in the thirty^ninth year of that king's reign. As this extensive fief had, from the date of the original grant, been dismembered and let in various parcels, it was difficult for Thomas Fachion to give an exact and full account of all the transactions con nected with it. It is certain, however, that in the year 1406, John De Chesneye made a cession to Peter Le Marchant and Nicholas Blondel, of all that he inherited in the island from Rodolph de Chesneye, his father, and that document of conveyance specifies the fiefs of D'Anneville, De Carteret, and L'Espene, which transfer (so far as it regards the share of Peter Le Marchant,) included the portion of Jeannette De Chesneye, his mother, who had married Denis Le Marchant, lieut. -bailiff of the island. It is probable that the proportion of Nicholas Blondel devolved to him through some matrimonial alliance, there being no valuable consideration stipulated in the deed. That part of the original grant which has retained the name of D'Anneville, and came into the posses sion of Thomas Fachion, entitled the proprietor to 8 HISTORY OF GUERNSEY. keep a warren, and conferred several feudal rights ; but the most important branch of the old fief is called Le Compte, deriving its name from the Count of Anjou, afterwards King Henry the Second. It be longs to the Le Marchant family, who hold a feudal court on the fief and have a seal, on which is repre sented a count on horseback. In an old manuscript, said to be a copy of an inquest drawn up by Fressingfield and Ditton, who, in the reign of Edward the Third, were sent over to the island to hold assizes, it is asserted that, in addition to the grants made to the Abbot of Mount St. Michael and Sampson D'Anneville, the duke also granted to John De Jerbourg a tenement in fee-farm, situate on the south part of the island, with a right for his heirs to pay their relief at the stated sum of sixty sols one denier, and do homage to the duke, and appointing the proprietor ducal cupbearer when ever the duke visited the island, and chdtelain or governor of Jerbourg, which grant is corroborated by several authentic deeds.* The only question in doubt is, who this John De Jerbourg was. Many persons have imagined Jerbourg to have been a family name, but it is much more probable that it was a sort of title derived from his residing in or near the peninsula, for it is certain he commanded the castle. When it is considered that this fief, from very ancient times, has been in the possession of the Saumarez family, it seems reasonable to conclude that this John De Jerbourg was a John Saumarez, of Jerbourg, it being a general maxim that fiefs and ex tensive domains have originally taken their names from the first donee or proprietor, and the name in almost * In the report of cases adjudged by Sir Robert Gardner and James Hussey, in 1607, it is stated in the cause of De Saumarez and Andros, as follows : — " We also find, by special inquisition made in the fourth year of Edward the Third, and by the extent made in the year then next following, that one Matthew De Saumarez did hold a place or castle called Jer bourg, now known by the name of the seigniory of Saumarez, with certain appurtenances which we find were never separated and ought never to be separated from the same j and that the said place or castle, with the appurtenances, was holden of the king, by relief of sixty shillings, and that the said Matthew and his heirs ought to serve the king as his third cup-bearer, so long as the king should be in the isle." HISTORY. OF GUERNSEY. 9 all instances remains unchanged, especially in grants of royal foundation, even though they should be alienated or sold. It ought also to be noted, that the fief of Saumarez is situate in the peninsula of Jer bourg, and the lands of the two estates adjoin each other : by the ducal grant they were made insepa rable. If then the family name of the individual to whom the original grant was made had been Jerbourg, we may conclude that the land on which the lord's house was situated would have received the same title, but it is called Saumarez. Hence, we incline to think, that the first donee was not John De Jerbourg, but John Saumarez De Jerbourg. On this hypothesis the peninsula has continued to be called by its ancient name of Jerbourg, from Ceesaris burgum, and the fief composed of the whole, from the name of the first proprietor. In a Court of Chief Pleas, held in Guernsey in presence of judges of assize, in the twenty-seventh year of the reign of King Edward the First, Matthew De Saumarez did homage for this fief, and in .the fourth year of the reign of King Edward the Third, an application was made to the crown by a Matthew De Saumarez for the confirmation of his rights and prerogatives, as anciently enjoyed by his predeces sors ; whereon the king sent an order to John De Roches, guardian of the islands, to make perquisition into the subject, at the same time commanding that his royal assent should be given to the claims set up, if not found prejudicial to the crown or the rights of the inhabitants, who, as he was informed, had, with the consent of his royal father, fortified the castle of Jerbourg as a place of retreat and protection for their persons and property in case of invasion by the enemy. In pursuance of that order, the guardian or governor caused twelve of the most reputable of the inhabitants to be examined by the bailiff, and they declared upon oath, that Matthew De Saumarez's predecessors held 10 HISTORY OF GUERNSEY. their fief from the crown with certain privileges and immunities, in consideration of his services as keeper of the castle of Jerbourg, and that these privileges and immunities had always been inseparable from the office, in no respect detrimental to the crown, and advantageous to the inhabitants, who had the right of seeking shelter in the castle on any emergency. Among the incidents to this fief there is one too re markable to be passed over unnoticed. Whenever the lord wished to cross over to Jersey, his tenants were obliged to convey him thither, on receiving three sols in money, and their dinner ; but it does not appear that they were obliged to bring him back. The reason of this exemption seems to be, that the Saumarez of Guernsey also possessed a fief of the same name in Jersey, which still exists, though now belonging to a different family, and the Jersey tenants were probably under the same obligation as those of Guernsey. This fief, which, for the reasons assigned, seems origi nally to have belonged to a Saumarez, remained in that family down to 1553, when it came into the possession of Mr. John Andros, in right of Judith De Saumarez, his mother, and daughter of Mr. Thomas De Saumarez : since then it has reverted to the original family, whose property it is at this day. We have dwelt long on the fiefs D'Anneville and Saumarez, because they furnish incontrovertible evi dence that William the Conqueror took a great interest in this part of his dominions, and, taking the whole account together, it seems probable that he visited the island, for though the office of cup-bearer, granted to Saumarez, is no positive proof of the fact, yet, as these household offices generally were conferred by the dukes in person, the supposition seems to be highly probable. This duke is also said to have given lands to the Abbess of Caen, in consideration of the privileges he granted to the inhabitants, of send ing their daughters to her convent for their education. HISTORY OF GUERNSEY. 1 1 The conquest of England, by William, in no respect changed the constitution or government of the islands, which already formed part and parcel of the victorious duchy ; and no doubt, as the invading army was col lected from all quarters, some of the Guernseymen fought at Hastings. On his death, however, Nor mandy and England were severed, and placed under different sceptres, and they continued thus separate till Henry the First again united them, after having defeated his brother, Duke Robert, at Tinchebray, on the eve of Michaelmas day, 1106. Henry the First, ninth duke of Normandy, died on the 1st of December, 1135, leaving no issue male. His daughter Matilda was married to Geoffrey Plantagenet, earl of Anjou, by whom she had a son, Henry the Second. He, however, did not succeed his grandfather in the En glish crown, that being usurped by Stephen, count of Boulogne, but after a struggle with Eustace, son of Stephen, he was recognised by the barons of Nor mandy. That he was duke of the Channel Islands, the following evidence proves : — We have seen an extract from an old register in the abbey of Cherbourg, in Normandy, which recites, that this duke, Henry, made a grant of the islet of Herm to certain religious persons, with the privilege of fishing, &c. ; and though this document is without a date, and in other respects imperfect, he is therein simply styled Dux Normannice et Comes Andegarvies ; therefore he must have made this grant before he was king of England, and when he was merely duke of Normandy and earl of Anjou ; and the fact also proves that Stephen, though in possession of the English throne, had no royal jurisdiction over this bailiwick. Matilda, mother of the duke, being in great peril at sea in 1 140, made a vow that if she escaped with life, she would erect a monastery on the place where she landed. She arrived safely at Cherbourg, and imme diately sent for Robert, abbot of St. Helier's, in Jersey, 12 HISTORY OF GUERNSEY. and committed to his care the building of this insti tution, which was called Voto, on account of the vow she had made, and Robert was appointed prime abbot of this monastery, without giving up St. Helier's, in Jersey, both establishments coming under the same head, and being afterwards united, which could not have happened, had the islands, during the usurpation of Stephen, been attached to the English crown. Another instance, to prove that these islands be longed to the Duke of Normandy during the reign of Stephen, evidently appears in the perquisition made by royal commissioners in the year 1597, concerning the original titles of the fief D'Anneville, already noticed, in which they declare, that the lands granted by Duke William to Sampson D'Anneville had, by line extinct, devolved to Henry, earl of Anjou, in right of his mother. This last circumstance is of itself sufficient to demonstrate that the Channel Is lands were not then under subjection to the kings of England, but that the inhabitants held unshaken fidelity to their dukes, though at war with the king of England. During the contest between Stephen and Henry, the duke, apprehensive that the king might make some attempt on Guernsey, sent over Raoul, or Rodolph De Valmont, to put the island in a state of defence, and that officer raised a fortification on Cornet islet, which appears to have been the origin of the present castle. Many conjectures have been ha zarded as to the true etymology of this word. Some have derived it from its formation, being broad at both ends, and bending in the middle, thus resembling a cornet or horn, but the manuscripts which record this transaction, distinctly state that this fortification was raised on the islet Cornet ; therefore it must have had that name before the work was commenced. Others derive it from the family name of the Cornets, which, in ancient times, was very numerous, and HISTORY OF GUERNSEY. 13 possessed a tract of land at the south end of the town, now built over, and called to this day La Rue des Cornets, or Horn-street. However, the best opi nion seems to be, that the word is derived from a guard-house, then near to Rozel, in Normandy, called Cor-Nez. Raoul De Valmont also fortified the tower of Beau regard, which stood on an eminence at the upper end of Horn-street, commanding the town and harbour, but of which no remains exist at this day ; but it was visible, and indeed of consequence in the year 1460, as it appears by a commission addressed by the Earl of Warwick, governor of this island, to John Le Marchant, who was captain of the tower, or castle of Beauregard, dated the 22d of December of that year. The expense of these works was raised on the in habitants by an agreement with De Valmont, the condition being that they should always be free from any external taxes, by which we must understand taxes levied in Normandy Proper ; and moreover, in consideration of a yearly rent of seventy livres tournois to be paid to the duke, it was stipulated that, for the time to come, they should be exempt from any service abroad, that is to say, out of their own bailiwick, unless it were to accompany the dukes in person for the recovery of England, — a proof that, in case of need, the services of the islanders were deemed highly valuable. This contract is confirmed by the extent of the customs and royal prerogatives, drawn up in the thirty-third year of the reign of Henry the Third, and it is the same rent which is mentioned in that of King Edward the Third, as well as in others, called " Aide du Roi," and it is assessed on the inha bitants to this day. This is consonant with the royal charters, in which it is expressly declared " that the inhabitants of Guernsey, Sark, and Alderney, are free from all expeditions of war, excepting the case in which the body of our sovereign, or the body of his 14 HISTORY OF GUERNSEY. or her successor, or heir, should be taken prisoner by the enemy."* When Duke Henry had succeeded Stephen in the throne of England, he appointed his youngest son John, earl of Mortain, lord and governor of the Channel Islands, and resigned, in his favour, the estates of Sampson D'Anneville, which grant was afterwards confirmed by his brother Richard on his accession to the crown. On the death of Richard, John usurped the throne, murdering his nephew Ar thur, duke of Brittany, who, as the son of Geoffrey, elder brother of John, was the first in the royal line. Philip Augustus, king of France, availed himself of this atrocious murder to promote his own ambitious views. As Suzerain of Normandy, he cited John before the Court of Peers of France to answer for his crime ; John disobeyed the summons, and judgment was pronounced against him by default. He was declared to have forfeited all right and title to Nor mandy, and as he was too pusillanimous to defend himself by the sword, the province was re- annexed to France in 1204. Whether the islands were included in this forfeiture by special name, cannot be ascer tained, for it is a remarkable fact, that no authentic details of this memorable process have been pre served. Some priests and chevaliers attempted to foment an insurrection in Guernsey, but the principal inhabitants drove them out of the island, which continued loyal and obedient to King John, who seized the lands of all disaffected persons, and dis posed of them in fee-farm rents to those who had espoused his cause. King John, who had a peculiar regard for the islands, kept no doubt a great military force in * Homines totius insula? communiter dcbent singulis annis, sicuti pro auxilio, sexaginta et decern libras turonem. Et perillas lxx libras quieti esse debent omnibus occasionibus, nisi tantum cum necesse fuerit ire cum corpore ducis Normanniae ad Angliam recuperandam. This privilege is confirmed in the Precept of Assize. After Normandy was separated from England, this yearly rent was made payable to the crown ; formerly it was paid to the Exchequer of Rouen. HISTORY OF GUERNSEY. 15 Guernsey and Jersey, but being short of treasure for the payment of his army, he sent an order to Peter De Prestel, dated the 24th of July, in the fifth year of his reign, for the lords of the fiefs to raise from their tenants sufficient sums of money for the defence of the island, and to deposit the same in the hands of Regnault De Carteret, to be appropriated to the maintenance of such soldiers, and others, as might be required for its defence. This order was no doubt arbitrary ; but it ought to be considered that it was issued on a most urgent occasion, and there is every reason to believe that the inhabitants, who displayed the most devoted loyalty to this prince, submitted to the tax with alacrity and cheerfulness. After the conquest of Normandy, from whom these islands originally received their judges, it became ne cessary for King John to provide some other mode for the administration of the laws. He accordingly esta blished, in each, a jurisdiction of its own, to do justice between his majesty and his subjects, the king being confident that, by placing this authority in the hands of the islanders, it would be the best security for re taining them under the subjection of the English crown.* King John was so anxious for the welfare of the islands that, in consideration of their proximity to the coast of France, he inserted a clause in his In stitutions of the Royal Court, to the following tenour : "That, to secure the safety of the island and castle, a master of the port should be appointed, in order that the harbours might be well kept, to prevent any damage to his majesty or his subjects." This clause was not intended merely to protect the inhabitants against invasion, but also to protect the fisheries, which were then very considerable, and yielded a great branch of the royal revenues, especially in the article of salted congers. Indeed, however guilty * With the particulars of this arrangement the reader will be made acquainted in the chapter on the " Civil Jurisdiction of Guernsey." 16 HISTORY OF GUERNSEY. John was to the Normans and English, he was the best friend the islands ever possessed, as the founder of their present freedom and happiness. Falle, in his History of Jersey, alleges that, at the Pleas held in that island, in presence of John Fres- singfield, one of the judges sent over to the island by King Edward the Second, it was set forth by William Dumaresq, the king's advocate, that Philip Augustus of France had twice ejected King John out of these islands, who had twice reconquered them. That author judiciously observes, that " this was spoken after the usual manner of complimenting princes, to whom victories and successes are ascribed in which they have seldom had any personal share." There is indeed no truth in the assertion. Had Philip Augus tus ever possessed himself of these islands, John was too weak to have recovered them, for he could scarcely maintain the dignity of his crown. It has already been stated that, after the murder of Arthur, Philip declared, in the Parliament of Paris, that John had forfeited his claim to Normandy, and that he ejected him by a judicial decree ; but these islands were at that period part and parcel of Normandy, so that we must understand that John was not expelled de facto by the sword, but de jure, by sentence of the Peers of France. It is stated, in an old manuscript, said to have been drawn up by John Fressingfield and John Ditton, that Guernsey was not at this time reduced by force of arms, which confirms our view of this ejection by Philip Augustus ; but in the latter end of King John's reign, the island was afflicted with great mortality, when the Normans attempted to surprise it, but were repulsed. It is however asserted, that Castle Cornet fell into their hands through the negligence of the captain, who had failed to supply it with ammunition. But it appears that this misfortune occurred in the following reign, though by the courage of the inha- HISTORY OF GUERNSEY. 17 bitants it was soon recovered and was again subject to Henry the Third, who authorised the bailiff and jurats, for the future, to inspect all the castles, and see that they were at all times fully supplied with neces saries.* This authority was confirmed from time to time by succeeding monarchs, and it subsisted up to the reign of King Charles the Second, when all the castles were placed under the controul of the Board of Ordnance. The only question not clearly settled is the precise time of this invasion, which is not mentioned in the manuscript of Fressingfield and Ditton, otherwise than by the general word " heretofore." Some have thought that it took place under the reign of Edward the First, but this is mere conjecture, and no proof or authority is adduced in its support ; nor does it in any sense seem probable, for though Guernsey sus tained a severe attack about the year 1295, it does not appear that the castle was then reduced, but rather the contrary, as the following circumstance attests. The effects of one Jane Le Guay, widow to Rodolph Le Mercer, had been carried into the castle for safe custody by her brother John, who was slain in the action. After the enemy had been repulsed, the governor seized the property of the widow, and ap propriated it to his own use. She lodged a complaint, whereon the king, in 1296, sent his mandate to the governor, commanding him to restore all the goods of Jane Le Guay. Now, had the castle been captured, the enemy would no doubt have carried off all the plunder, but the restitution made to this woman clearly shows that, though the island was attacked, the castle was never surrendered. It is further to be observed, that in many other orders from the king, issued on behalf of the inhabitants, and much to the same effect as the preceding one, no mention what- * Frecepte D'Assize. B 18 HISTORY OF GUERNSEY. ever is made of the castle, but, on the contrary, they all refer to the surviving relatives of those who lost their lives on the occasion ; consequently there is no probability that this could be the invasion noticed in the Pr^cepte D 'Assize, and this strengthens the state ment in the manuscript cited, which fixes it in the reign of Henry the Third. Falle quotes an extract from an old record which seems to allude to this in vasion, in which it is stated that the king, under apprehension of danger to this island, directed his royal mandate to the barons of the Cinque Ports to go to their assistance on the first notice from the governor, saying that they highly deserved his pro tection for their loyalty and fidelity.* Falle conjec tured from this language that the islanders had joined some vessels belonging to the Cinque Ports, under the command of Philip D'Aubigny, governor of Guernsey, when some time before he defeated Prince Louis, son of Philip Augustus, at sea on his way to reinforce his army in England ; but this supposition is very objec tionable, for it is not to be supposed that the inhabit ants of the islands, so contiguous to the French coasts, and constantly in danger of being surprised, would have left them exposed to hostile attacks by embark ing in a foreign expedition, more especially as they were exempted from this service by their privileges, on the ground of their being obliged to defend their own territory. It is most probable that these kind and flattering expressions of King Henry the Third were made use of in consideration of the services rendered by the natives to his father King John, and particularly as a token of gratitude to the Guernsey- men, who, under his reign, recovered Castle Cornet from the French. The few fragments of the history of this king's * Mandatuni est baronibus de Quinque Portubus, quod si opus habuerit Ricardus Grey Custos insularum, et illud eis scire facerit, in ejus auxilium veniant; ita quod Dominus Rex eos (Insulamos) merite debet commendare, cum gratiaruni acbone. Teste rege apud Westm. 16. die Maii. Ann. Regnix. HISTORY OF GUERNSEY. 19 reign which relate to the islands, show that he had a very great regard for them, for though reduced to the necessity of relinquishing his pretensions to Nor mandy, yet, in his treaty with King Louis of France, he took particular care that they should be reserved with the province of Gascony. Besides the political attachment the king manifested for these islands, no doubt he also paid particular attention to them, as being the apanage of Prince Edward, his son. It appears by an Inspeximus, drawn up under the reign of King Henry the Fourth, that this Prince Edward granted by charter to William De Chesneye the right of keeping a warren, both in Guernsey and Jersey, which charter was dated the 9th of June, in the forty- fifth year of his father's reign ; therefore, he must have held these islands by an independent authority during his father's life. We shall now proceed to his reign. Soon after Edward the First ascended the throne of England, some commotions arose in most, if not in all, of the Channel Islands, whereupon John Wigger and Rodolph De Brochton were, by a royal commis sion dated .the 11th of October, 1274, authorized to make an inquiry into the behaviour of the jurats and inhabitants of Guernsey, Jersey, and other isles adja cent to the coast of Normandy, and, in case it should appear to them that any of the said jurats had com mitted acts prejudicial to the royal prerogative, these commissioners were empowered to eject them from their offices, and sentence them to such further punishment as they deemed fitting, subject, however, to the king's revision and pardon. Though the sub ject of these broils is not particularly mentioned, yet, by the tenour of the order, there is every presumption to believe that it must have been connected with the royal prerogative, proceeding most likely from the imperfect state of the Extents of that time, for, within a month after the date of this commission, separate b 2 20 HISTORY OF GUERNSEY. Extents were drawn up for Guernsey, Alderney, and Sark, and no doubt but similar measures were adopted in Jersey. However, it seems that the people of Guernsey justified themselves against every imputa tion of rebellious conduct, for these commissioners, observing that the island required a good harbour for the encouragement of trade and navigation, made such a representation of this necessity to the king, that he authorized the bailiff and jurats, by his royal order, dated the 2d March, 1275, to lay and impose on all loaded ships coming into the said harbour a duty of twelve sous tournois, and on all boats six sous tournois, to be applied to the erection of a wall on one side of the harbour, in order that ships might be protected against the vehemency of the weather, and that strangers might be encouraged to frequent the port, which wall now constitutes the south pier. If these twelve sous tournois were of the same value as those mentioned in the Extent of Sark, under the name of sols tournois, it must have been a heavy duty, since a quarter of wheat was therein estimated to be only worth six of them. However this may be, the great trust reposed in the magistrates is a con vincing proof that they had cleared themselves of all suspicions of disloyalty, and that the king was well satisfied with their conduct. As a further proof of this monarch's esteem for the islanders, it may be remarked that he granted a public seal to each of the Royal Courts of Guernsey and Jersey. We might here notice some other abstracts on record, of events that occurred in the island at this date, but as they relate to disputes between indivi duals, they do not possess any general historical interest ; we shall, therefore, proceed to notice the severe attack, before alluded to, which Guernsey sus tained, and in which many brave men lost their lives, as appears by several orders from Edward the First to Henry Cobham, governor of the islands, all bearing HISTORY OF GUERNSEY. 21 date in the twenty-third year of his reign. The object of all these orders was to redress many griev ances suffered by the people during the invasion, such as the restoration, to several persons, of the estates of their fathers and other relatives who had been killed, and which had been illegally seized and retained by the governor. Others were framed on behalf of the clergy, who had sustained damage by being deprived of their tithes ; but the principal order declared that those who had signalized themselves in the defence of the island, should be rewarded by being put into pos session of all lands, rents, and effects, which had formerly belonged to fugitives and deserters. These fugitives and deserters, as it appears from Riley, were persons who held lands, both in the island and France, and whenever war broke out, they were in the habit of retiring to the continent and giving information as to the weakest points of the coasts ; but when peace was restored, they used to return and claim their rents, and the enjoyment of all such franchises and liberties as belonged to permanently resident Guern seymen. Nor were these the only acts by which Edward the First testified his good feelings to Guernsey. He cited Otho De Grandison to appear before Parliament, to answer for his unjust proceedings against the in habitants. In fact all his orders are replete with royal justice, and prove the devoted loyalty of the inhabitants and the gratitude of the sovereign. It would be gratifying, indeed, could we speak as fa vourably of that king's successor, but, during the next reign, the islands, as well as England, were grossly oppressed, their laws infringed, and their constitutions violated, most of which evils, so far as Guernsey was concerned, originated in the arbitrary government of Otho De Grandison, who imposed many additional burdens on the people.* They were * Otho De Grandison, lord or governor of these islands in the reigns of Edward the First 22 HISTORY OF GUERNSEY. also severely injured by the judges of assize, who fre quently came over, and had no respect for the rights and privileges of the island, but subverted all esta blished customs. Not only public grants, but private inheritances and properties were called in question, and no man was secure in retaining what he possessed. All these grievances remained unredressed till the more propitious reign of Edward the Third. In the reign of Edward the Second, many different species of coin were received by the merchants of Guernsey in the way of trade, and that king, in the third year of his reign, sent an order to John Des Roches, governor of the islands, to receive the reve nues of the crown in whatever coin was circulated. But the Extents being still very imperfect, several commissioners, about two years afterwards, were ap pointed to make up one more diffused and distinct than the old ones, as well as to examine into many grievances complained of by the inhabitants, and in order to guard against future errors, and render future impositions, if not impossible, at least very difficult of accomplishment, a fiscal code was drawn up in conformity with ancient customs, as established by King John, called the Precepte D'Assize, wherein the authority of the Royal Court and its right of jurisdiction are fully confirmed. The war which arose between King Edward the Third and Philip of Valois, for the succession to the crown of France, gave the enemy an opportunity to attack the island of Guernsey ; for while Edward was prosecuting his conquests in Flanders, Philip, in order to make a diversion and prevent supplies being sent from Eng land, recalled his troops from Marseilles, who, being joined by some Genoese, Castilians, and other levies raised in Normandy and the neighbouring provinces, and Edward the Second, forced an impost on congers salted for exportation, and it amounted to four hundred livres tournois (fourteen of which specie made a pound sterling,) by the year, at only one penny tournois for every conger above ten pounds weight so salted and transported. This was, however, an illegal act of an arbitrary governor, for which his widow suffered severely in Edward the Third's time. (Dicey, p. 172.) HISTORY OF GUERNSEY. 23 were placed under the command of Nicholas Bahuchet and Hue Queriet. These officers fitted out a formid able fleet, and for two or three years infested the channel, plundering and ravaging many towns on the coast. At last they made a descent on the Channel Islands, but met with great resistance ; however, their superiority of numbers enabled them to get possession of Guernsey. Falle, in his History of Jersey, on the bare authority of a very questionable manuscript, has expatiated largely on this unhappy catastrophe, and paid many compliments to his own countrymen at the expense of the people of Guernsey. He says that the French retained their conquest for three years ; that the deli verance of Guernsey being too great an enterprise for the Jerseymen single-handed, they could not effect it, but hearing that a fleet was ready to sail from Eng land with reinforcements for the king, who had given orders to the commanders, Raymond De Cobham and Geoffrey D'Harcourt, to attempt the liberation of the captured island, the Jerseymen raised a sum of six thousand four hundred marks for that service, joined the fleet, and assisted in expelling the enemy. Ac cording to Falle, many distinguished Jerseymen fell on this occasion, among whom he enumerates the Sieurs De Vinchelez, De Maltravers, Des Augrez, De Garis, De La Hougue, Lempriere. After a careful examination of this account, it appears that the only part of the narrative which is true, is the simple fact of Guernsey having been cap tured and kept possession of by the French admirals, and that all the rest is apocryphal, for the following reasons. In order to proceed more methodically, we shall endeavour to demonstrate, first, that Guernsey was captured before 1339 ; secondly, that it was rescued from the enemy before the month of December, 1340 ; and, thirdly, that Geoffrey D'Harcourt, who was a 24 HISTORY OF GUERNSEY. Norman nobleman, could have had no employment in the British navy before July, 1346, to which we shall add some general reflections. Falle, in the first edition of his history, fixed the loss of Guernsey in 1339, but finding that he could not reconcile that date with the time at which Geof frey D'Harcourt passed over into England, he thought proper, in his second edition, not to be so particular in his dates, and merely states the fact without men tioning the year in which it happened. Some authors assert that, in the year 1339, the French fleet, com manded by Bahuchet and Queriet, landed at South ampton, which town they plundered, and then took several islands. Though these islands are not specified by name, no doubt Guernsey was one of them, as it stands in the direct passage to Southampton. After they had reduced it, they left a sufficient garrison to retain possession, and then proceeded to Jersey with the remainder of their forces. In this enterprize they failed. In the same year, Sir John De Ferrers, captain or governor of Jersey, sent over a deputy from England to that island, to whom certain direc tions were given for its defence, and he also brought out an order addressed to the bailiff and jurats, com manding them to seize the effects of William Payne, a magistrate there, who had joined the enemy, and to elect another in his place. Parliament being alarmed at these attacks by the French, represented to the king the urgent necessity of strengthening the navy and keeping the command of the sea, and specially implored him to defend the islands of Guernsey and Jersey. This application of Parliament was probably the reason why the king, at this time, sent a letter to the bailiff and jurats of Jersey, in which, in terms the most affectionate, he commends their loyalty and assures them of his royal protection. All these cir cumstances, being concurrent with each other, are sufficient proofs that Guernsey must have been cap- HISTORY OF GUERNSEY. 25 tured at the commencement of 1339, or a very little time anterior to that date. We shall now examine when, and how it was recovered. At the same period at which the king sent his letter to Jersey, he was equipping an expedition, not only to carry himself and his troops to Flanders, but also to oppose the French by sea and drive them out of the channel. This armament was attended with complete success, for, on the 23d of June, 1340, he fell in with the fleet of Bahuchet, consisting, it is said, of three hundred sail, all of which he either sunk, burned, or captured. The slaughter was im mense,* and Bahuchet himself was hanged at the main yard, as a punishment for the ravages and cruelties he had committed on the English coast. Now, it is not to be supposed that the king, after having gained so decisive a victory, would have vio lated the promise he so recently made to the people of Jersey, at the request of his Parliament. No doubt it was chiefly with a view to redeem his pledge that, after landing his troops at Flanders, he ordered his fleet, under the command of Sir Thomas Morley, to cruize off the coast of Normandy, where we find, in general terms, that he captured many vessels and destroyed several towns and villages ; and though Guernsey is not specially mentioned, it cannot be presumed that this island, after what has been re marked of the kindly disposition of Edward, would have been left by his naval commander in the hands of the enemy, or that he would have neglected its rescue, in order to pillage a few towns and villages on the French coast. While his admiral was scouring the channel, Edward was seizing several places by land, and laid siege to Tournay, when King Philip, being apprehen sive that he could not successfully continue the war, * Et furent les Normans, et tous les autres Franfois, desconflts, morts, et noyes; et oncques pied n'en escappa, que tous ne fussent mis a mort. — (Chronique de Froissart.) 26 HISTORY OF GUERNSEY. employed the Countess of Hainhault, his sister, and mother-in-law to Edward, to intercede and endeavour to negociate a peace. Her entreaties and influence prevailed, and a truce for nine months was concluded on the 25th of September, 1340, to last till the 25th of June, 1341, but, by the intervention of the pope, it was afterwards continued for two years longer. The purport of the truce was to the following effect : "It is agreed, that if any of the confederates or ge nerals of the two kings shall lay siege to any towns in Gascony or Aquitaine, or in Guernsey or Jersey, such sieges shall be instantly raised after this truce shall have come to their knowledge."* Hence, it is clear that the deliverance of Guernsey, either by sti pulation in this truce, must have been guaranteed, as it was ratified within three months after the defeat of Bahuchet, or it must have been previously relieved by the squadron of Sir Robert Morley, when cruizing on the coast of Normandy, in confirmation of which we appeal to the following vouchers. The first to which we shall allude is a certificate signed by the Royal Court of Jersey, under the seal of that island, and addressed, in December, 1340, to John Le Marchant, wherein the bailiff and jurats ac knowledge his great services in defending their island and castles against the enemy, who had made several attempts upon them ; and they further admit that, without his assistance, they would most probably have been subdued. Possibly he possessed great military genius, or he might have commanded such Guernsey- men as were then in Jersey, who had escaped from their own island after its capture, and there sought refuge. If we examine the whole tenour of this certificate, we can easily discover the motives which prompted * Ensy accorde es qe si ascuns dez roys, par leurs gentz, oue lours alliez, oue coadjutours, ascuns seges soient mis en Gascoine, en la duche D' Aquitaine, oue en altres yles de mier, en Gerneseye et en Geneseye, oue aillours, les seges se leveront si tost comme les trewez vendront a lorn- conisance. — (Henry De Knyghton.) HISTORY OF GUERNSEY. 27 Le Marchant to obtain it. His object manifestly was to show that, though he had been driven out of Guernsey, he still waged war against the king's ene mies, for without this voucher he might have been deemed a runaway, and so have forfeited his estates. He obtained the document in 1340, and therefore it is absurd to suppose that Guernsey still remained in possession of the French, for of what use would the certificate have been to him, had the island been held by the enemy ? Surely the French government would not have restored his property on the strength of a document which declared him to be the principal defender of Jersey ! The next circumstance worthy of notice, is a letter from the king, addressed to his treasurer and cham berlain, dated the 2d of June, in the fifteenth year of his reign, in which he orders him to examine the rolls drawn up by Robert De Scarborough and his asso ciates, judges of assize, on their last visit to the islands, that he might have an accurate knowledge of their contents. These rolls, consisting chiefly of the Precept of Assize and Extent of the Revenues of the Crown, show that the king's intention was to restore their ancient customs and liberties to the inhabitants, the charters and titles of which he apprehended had been destroyed by the French, when possessed of the island ; for, about a month afterwards, he granted his royal patent of confirmation of all the insular privi leges, an abstract of which is contained in an In- speximus of the reign of Edward the Fourth. Many letters were at this time sent to Thomas De Hampton, governor of the islands, by the king, which, though treating on various subjects, allude frequently to the capture of the island, and the brave defence of the inhabitants. We shall notice three of them, all dated the 30th of January, 1341, in the fourteenth year of that king's reign. The substance of the first prohibits the exportation to France of any provisions 28 HISTORY OF GUERNSEY. or warlike ammunitions under pretence of the truce then existing. The second contains an order to seize and appropriate to the king's benefit all such estates, tenements, and effects, as might be found appertain ing to fugitive Normans and deserters. The third directs that quarters, in time of war, should be ap pointed for the inhabitants, each according to his rank, in the castle of Jerbourg. The certificate of the bailiff and jurats of Jersey to John Le Marchant, and these three letters, prove beyond a doubt that, in 1341 at the latest, the French had been expelled, even if we had no other proof than the third letter relating to Jerbourg, for, had the French been in possession of the island, that order would have been absurd. Thus, then, it has been clearly shown that Falle was misled by the manu script which asserts that the French held Guernsey for three years. It remains to be proved that Geoffrey D'Harcourt could not have had any rank in the English navy, as stated by Falle, when he erroneously affirms that the Jerseymen joined his fleet and liberated Guernsey, for he did not come into England till at least two years after the time when Falle makes him an English admiral. But, for the sake of perspicuity, we must first trace back this subject to its origin, to show that this Harcourt was a Breton, and under what circum stances, and at what time, he left his country. In the month of April, 1341, John, duke of Brit tany, died without issue. This event caused very great contests between John De Montfort, his brother, and Charles De Blois, for the succession to that duchy. The latter, apprehensive that a strong party was formed in the province to oppose his claims, summoned his competitor before the king and Parlia ment at Paris to have their differences decided, when, after much debate on both sides, the duchy of Brit tany was assigned to Charles De Blois on the 7th of HISTORY OF GUERNSEY. 29 September, 1341. John De Montfort then solicited and obtained the support of Edward the Third of England, on which he refused to submit to the sen tence of the French king, and determined to maintain his claim at the point of the sword. In the begin ning of the year 1342, Charles De Blois entered Brittany at the head of a considerable army, with the decree of Conflans in his hand, in order to make good his title. This was the commencement of those hos tilities which ravaged that province for many years. Though the truce still subsisted between France and England, it did not prevent King Edward, who had in view the recovery of Normandy, from taking advantage of these dissensions. He supplied John De Montfort with auxiliary troops, and, at the same time attached to his own personal interests as many as he could of the nobles and principal persons of Brittany, several of whom being accused, in 1344, of having joined the English party against Charles De Blois, were beheaded by Philip De Valois. Geoffrey D'Harcourt, though but a younger bro ther, was baron of Saint Sauveur Le Vicomte, and other places in Normandy. Although this nobleman was high in favour with the French king, he suddenly incurred his displeasure, being suspected of support ing John De Montfort. Fearing to undergo the same punishment which had been inflicted on so many others, he resolved to retire from the reach of Philip, and, accordingly, sought refuge with the Duke of Brabant, with whom he remained some time ; and, in 1345, or early in 1346, he arrived in England. D'Harcourt had not been there long before he heard that a great expedition was fitting out against the French, and, anxious to avenge himself on those who had betrayed him to Philip, he obtained permission from King Edward to accompany the fleet, in which many persons of distinction had embarked, among whom was Prince Edward. They set sail from Eng- 30 HISTORY OF GUERNSEY. land in June, 1346, and landed at La Hogue on the 1st of July, where the king appointed D'Harcourt one of his generals. Soon afterwards the famous battle of Crecy was fought, in which this nobleman commanded a division of the English army, which attacked a division of the French army, commanded by his eldest brother, John D'Harcourt, who was slain. Notwithstanding the injuries Geoffrey had done his king and country, he was not long before he made peace with his sovereign. It is said that, after the battle of Crecy, he was so affected at the dis tressed condition of his native land, that he went, with a halter round his neck, to Philip, threw himself at his feet, and obtained his pardon.* This succinct narrative of Geoffrey D'Harcourt shows that he exiled himself during the civil war that raged in Brittany, caused by the rival pretensions of John De Montfort and Charles De Blois ; but that duchy did not become vacant before the month of April, 1341, and the decree of Conflans, in favour of Charles, was not promulgated before the 7th of September following. Now, the certificate granted by the bailiff and jurats of Jersey, to John Le Mar chant, is dated December, 1340, and the three letters above alluded to are all dated the 30th of January, 1341 ; therefore, it is not only clear that Guernsey was free from the French at that time, but it is proved, beyond doubt, that Geoffrey D'Harcourt could not have been in the British service at that time, nor till nearly six years afterwards, and consequently he could not have taken any share in defeating Bahuchet and Queriet. Thus, then, we have esta blished the three points we undertook to demonstrate, showing that Guernsey was neither occupied by the French for three years, nor rescued from them by Jerseymen. It is not unlikely, however, that the English fleet, in 1346, on board of which Regnault * Essais Historiques sur Paris, par St. Foix.— T. 3. p. iii. HISTORY OF GUERNSEY. 31 De Cobham was embarked, might have touched at Guernsey, either being driven thither by stress of weather, or with a view to examine the state it then stood in, especially as Castle Cornet, in the preceding year, had been taken by some Spanish gallies ; but as it was very soon surrendered to Thomas De Fer- rieres,* governor of the islands, on a letter of indem nity from King Edward to the Spanish commander, this circumstance cannot have the slightest connection with the capture of the island by Bahuchet, and its subsequent recovery. In reference to the pretended rescue of Guernsey by the Jerseymen, one minor point remains to be noticed, we allude to the contribution of 6,400 marks, alleged to have been raised in Jersey for its recovery. In those days the mark was estimated at the Scotch standard, and valued at 13 Jd. Falle's com putation of the governor's revenue in Jersey makes a livre tournois equivalent to £1 sterling ; this would amount to 86,400 shillings, and as a shilling went current in that island for one livre and two sols, it would, at that rate, amount to 95,040 livres ; but the livre tournois, says Falle, was then equal to £1 sterling, consequently the amount raised by the Jerseymen must have been £95,040 sterling. The statement thus carries its own refutation along with * Rot. 14. Edw. 3. prs. 3. m. 46. — A proclamation, dated August 3, at Berkhampstead, to the sheriffs, mayors, bailiffs, &c, to arrest, man, and victual ships in Portsmouth harbour, and all the other ports and towns upon the coast westward ; to transport Thomas Ferrars, knight, with his armed force going to the relief of the inhabitants of Gerneseye, Jersey, and Dureny, at that time in danger from the enemy's fleet of galleys and ships of war. — Har- leian Manuscripts, 4583, p. 432. The indenture made the year before, between the king and council and Thomas Ferrars, knight, for the defence and reparation of the fortifications of Gerneseye castle, is very curious and worthy of insertion. Anno 13. Edw. 3. m. 32 (1339.) — Item, fait a remembre que Monsieur Thomas De Ferrars ad empris d'envoyer saunz delay un homme suffisant au chastel de Guemeseye, pour sursur les defautes et l'etat de meisme la chastel; pur pleinement certifier ent au conseil, et en moen temps de trover gages a ceux qui y demureront en garnisons illecques, tant que la some de cent livres, et le dit Monsieur Thomas ferroit pourvoir tote mancre de morte garnis- ture pur le dit chastel, disore selon ce qui est requis par les messages du dist chastel. Et l'Ercevesque Canterburic et le Tresorier sont accordez, coment que serra fait a dit Monsieur Thomas trente tonneaulx de pomadre, cinquante quintals de fer, deux quintals d'acier, pur le meisme garniture; et pur ceo que Guillam Pein, un des juretz de l'isle de Guemeseye est alors contre defens a les enemys : soit brief mande as bailiff et juretz de meisme isle de eslire un autre suffisant en son lieu, et de seiser ses terres, biens, et chattels en la main le roi a respendre ent les issues.— (Harl. MSS. No. 14, p. 58.) From the context it would appear that the word pomadre means gunpowder. 32 HISTORY OF GUERNSEY. it, for such a sum would have maintained a large army for a considerable time, whereas, it is not pro bable that Jersey could have mustered two thousand militia, neither could any such expedition, consider ing the proximity of the islands, have taken up sufficient time to render it so expensive. Moreover, it is not to be supposed that an island, which had been so recently distressed by the enemy, and re duced to such imminent peril, as is acknowledged in the certificate given to John Le Marchant, could be in a condition to assist their neighbours, either with money or men, more especially, as at this very time, greater dissensions existed between Thomas De Hamp ton, the governor, and Henry De La Mone, his lieu tenant, on the one part, and among the inhabitants themselves, on the other part, arising out of mutual recriminations as to the mode of conducting the war ; and so fierce was this schism, that the king appointed royal commissioners to examine the case, with a spe cial command to the governor and his lieutenant, if found guilty, to appear before the council, that their effects might be confiscated, and themselves punished. Notwithstanding the several truces agreed upon at different times between the English and French, they were so ill observed that the war may be said to have continued till the 8th of May, 1360, when a defini tive treaty of peace was signed between the two nations, by which Edward the Third ceded to the king of France the province of Normandy, but spe cially reserved to himself the possession of the Chan nel Islands. This treaty was respected up to the year 1369, when Charles the Fifth, having succeeded to the French throne, declared war against Edward, the close of whose reign was not so marked by victory as the commencement. Charles, receiving intelligence that the Earl of Pembroke had sailed with a fleet of forty ships to protect the town of Rochelle, which held out for the English, fitted out a considerable HISTORY OF GUERNSEY. 33 naval armament, of which he gave the command to Yvon, or Evan, De Galles, a pretended prince of Wales, who had sought refuge in France when that principality was annexed to England. Henry, king of Castile, at the same time sent vessels to join the French, and their united forces, meeting the English, gained some advantage. Yvon De Galles, according to Froissart,* set sail from Harfleur with four thousand fighting men, and landed in Guernsey : popular tradition has named this invasion "La Descente des Saragousais." Bu- chon fixes the date in 1372.f The first encounter took place at Vazon Bay ; but the Guernseymen, only amounting to eight hundred, were defeated, and re treated in the direction of Castle Cornet. They made a stand on the ground on which New Town is built, which maintains to this day the name of " La Bataille." Edmund Rose, the governor, fortified himself in Castle Cornet, and repulsed all the attacks of the enemy to dislodge him from that fortress. The king of France, hearing of this obstinate resistance, and despairing of success, ordered Yvon De Galles to evacuate the island, and sail for Spain. Thus, Guernsey was liberated after sustaining a loss, it is said, of four hundred men. We have now arrived at the reign of Richard the Second, son of Edward the Black Prince, and grand son of Edward the Third. In the first year of his reign, a barbarous confederacy was entered into be tween the kings of France and. Castile, the object of which was utterly to destroy the Channel Islands, as well as the Isle of Wight, by reducing all the houses to ashes, uprooting all the trees, and committing every fiendish act of spoliation that can be imagined. To carry this truly infernal design into effect, the king of Castile bound himself to furnish twenty gallies, each of them to have on board ten men at arms, thirty * Chronicles, v. 2. c. 31 . t Collection des Chroniques Nationales Fran9aises. C 34 HISTORY OF GUERNSEY. cross bowmen, and one hundred and eighty mariners, exclusive of officers, to be maintained at the joint expense of the allied kings, who were to share the plunder in equal proportions. Notwithstanding their diabolical intentions, it does not appear that Guern sey was molested by this expedition, unless we adopt the opinion of Falle, in his citation from Fonterailles' chronicles, where he states that the kings of France and Castile committed hostilities against Guernsey the year before King Edward the Third died, remark ing that these marauders were merely pirates and robbers, seeking plunder. But this treaty of exter mination was not concluded before the commence ment of the reign of Richard the Second ; Falle, therefore, must have fixed the date inaccurately. Richard the Second confirmed the charters of Guernsey,* and died in 1339. Immediately on the accession of his successor, Henry the Fourth, the French fitted out a powerful fleet, and divided it into several squadrons, with which they infested many parts of the English coast, plundering and burning towns, and carrying away prisoners. In the year 1 404, Penhoet, grand admiral of France, plundered the Channel Islands, and carried away very considerable booty, but, as Falle observes, he made no impression on the castles. Nothing worthy of historical record, relating to Guernsey, occurs from this period till the commence ment of the reign of Henry the Sixth, 1422. He confirmed all the charters on his accession to the throne. The merchants, shortly afterwards, being much obstructed in their trade by the officers of the customs in England, in violation of the insular privi leges, a complaint was forwarded to his majesty, on which, in the year 1443, he sent express and pe- * Anno 14, n. 2. m. 30. 1391 .—The king hath granted to the men of the isles of Guernsey, Jersey, Sark, and Alderney, that they, for the space of eight years, shall be free of all manner of tolls, exactions, and customs within the realm, as his liege people and denizens are.— Harl. MSS., No. 21, p. 119. HISTORY OF GUERNSEY. 35 remptory orders to the collectors and comptrollers of the ports of Plymouth, Poole, and Southampton, and of all creeks and rivers appurtenant to the same, for bidding them to exact from the inhabitants of the island any other toll or custom than was paid by those of other free ports, in conformity with their ancient privileges and liberties. The reasons assigned by the king are sufficiently curious to warrant the insertion of the following paragraph : — ' ' We have been informed by the humble representations of our beloved inha bitants of the island of Guernsey, which island is one of the free ports of this our realm, that, whereas all the inhabitants of our said free port are bound to serve us, as well on the day of our coronation, as also to accompany us and conduct us whenever it is expedient for us to cross the sea, and go into foreign parts, with all the power and forces they can raise, and also attend us at such times as may be required for the space of six weeks at their own expense, in consideration of which our royal progenitors (whom God absolve) anciently granted and confirmed to the inhabitants of the said island, &c, &c." During the reign of Elizabeth, this charter was entered on the records of Dover Castle. It is evident from the obligatory duties described, which compelled the inhabitants to carry the king over the sea, and assist at his coronation, that these were all the ser vices required from them out of the island, which exactly accords with the spirit of the Earl of Anjou 's grant, by which they are exempted from serving abroad, unless to follow the Duke of Normandy to recover the English crown. It is not improbable that the cause of their being obliged to attend at the coro nation, after the loss of Normandy, was to keep up the king's claim on that duchy, for Lord Coke says, that a seizin of the Channel Islands is a good seizin in law of the whole province. During the reign of Henry the Sixth, the French made themselves masters of Mont Orgueil Castle, in Jersey, and subjected half of that island, which re mained in their power during six years. As this event is fully narrated in the general histories of Jersey, we shall confine ourselves to a few brief ob servations on the ultimate relief of that island. Falle c 2 36 HISTORY OF GUERNSEY. relates that the French occupation continued till the accession of Edward the Fourth, when Sir Richard Harliston, vice-admiral of England, arrived in Guern sey with some English ships, and immediately received intelligence from Philip De Carteret, that he had the greatest possible difficulty in preventing the whole island being subdued by the enemy ; whereupon, con tinues Falle, the admiral, leaving his ships in Guernsey roads, hastened privately to Philip De Carteret, and had an interview with him at his manor of Saint Ouen, where they had a long consultation as to the best mode of recovering Mont Orgueil Castle. It seems strange that the admiral should have left his squadron in Guernsey roads, and ventured without forces to land on an island, the greater part of which was in possession of an enemy, to say nothing of the danger of his being captured on the passage. How ever, shortly after this real or pretended interview, the British squadron proceeded to Jersey, and block aded the French by sea, while the natives invested them by land. The French, being thus surrounded on all sides, were desirous of obtaining succour from the main land, but the difficulty was how to communicate with Normandy. According to Falle, they adopted the following scheme, which is sufficiently curious to merit some remarks. Though the besieged wanted but one boat to convey intelligence of their position to their countrymen, they caused two to be built, one openly on the ramparts in view of the besiegers, another near to it, but con cealed from sight. The workmen were ordered so to time their blows, that from the hostile camp no sound might be heard but what might be supposed to pro ceed from the boat on the rampart. By this device, the boat removed from view was finished, while the workmen were still busy about the other. The Jer seymen, not ignorant what the boat was intended for, but having no suspicion of any other than the one HISTORY OF GUERNSEY. 37 that was visible, the scheme would have succeeded, had not an islander, whom the French had constrained to work for them against his will, shot an arrow, with a letter tied to it, into the camp of the besiegers, by which means the stratagem was disclosed. The letter stated, that on the following night the finished boat would be lowered down from the walls into the sea, and this being communicated to the admiral of the English fleet, a sharp look out was observed, and the boat intercepted. This account of Falle appears to be fabulous. At the time the event is said to have taken place, the French were in possession of six parishes in Jersey, so that they had plenty of places in which to construct a boat, thus rendering all the caution and craft above described utterly unnecessary. We might not have enlarged so much on this very idle story, had not Falle appeared to have put it forth with a view of ascribing the deliverance of Mont Orgueil Castle to the Jerseymen alone, for he has not the candour to acknowledge the assistance rendered by the Guern seymen, although they had a considerable share in the honour of its recapture. Edward the Fourth, in the first year of his reign, which was shortly after this event, not only confirmed the patent of King Richard the Second in favour of the inhabitants of Guernsey, but greatly enlarged its provisions, in consideration of the great dangers they had encountered, and the heavy losses they had sus tained at the reduction of Mont Orgueil Castle, which charter was afterwards confirmed by those of Queen Elizabeth and King Charles the Second.* During this reign, the privilege of neutrality was granted to Guernsey. Edward, when in profound * Henry the Seventh, when earl of Richmond, visited Jersey, and he mentions the courage and zeal of the Guernseymen in his charter, and a patent under the great seal of England is extant which names ten Guernseymen and five Jerseymen who most distinguished themselves at the recapture of Mont Orgueil Castle. John Perrin, John Fyot, William Duport, J. Rou- gier, Thomas De Havilland, Lawrence Carey, William Maingy, Reynold Agenor, Richard Cosins, and Nicholas De Lisle, of Guernsey; Peter Le Serkais, Peter Tehy, John De Souls- mont, Nicholas Le Petit, and John Le Moigne, of Jersey. 38 HISTORY OF GUERNSEY. peace with all the powers of Europe, most probably took into his just consideration the melancholy fate to which the islands had been subjected during pre ceding centuries, exposed as they were to the calami ties of war from their proximity to the French coast. To prevent the recurrence of such misfortunes, and ensure peace and tranquillity for the future, the privi lege of neutrality was graciously conceded.* The reigns of Edward the Fifth, and Richard the Third, furnish no materials of historical interest con cerning the islands. During the long reigns of Henry the Seventh and Henry the Eighth, they remained unmolested. Both these last monarchs granted an Inspeximus of a papal bull, which confirmed the pri vilege of neutrality, as well as some others containing several charters conceded to the inhabitants by their royal predecessors, and which Henry the Eighth caused to be confirmed by Parliament. Shortly after the accession of Edward the Sixth, the French fitted out a naval squadron, having on board two thousand troops, and seized the small island of Sark, at that time nearly deserted ; for the monks and friars, who had been its principal occu pants, retired to France at the reformation. Having left a garrison in their newly acquired conquest, they sailed over to Guernsey in the night, hoping to sur prise it, but Captain Winter's ships, then lying in the roadstead, fired into the enemy, as well as the artillery from Castle Cornet. The roaring of the cannon roused the townspeople, and news of the attempted invasion was quickly spread through the country. The whole population was quickly under arms, and a division of the enemy, which had landed under cover of the darkness, was soon repulsed and driven to their boats. This bad success, however, did not deter them from trying their fortune in Jersey, where they met with a similar reception, being obliged to retire * This subject is fully treated of in the Chapter on the Commercial History of Guernsey. HISTORY OF GUERNSEY. 39 with the loss of about a thousand men in the two actions. While Sark remained in the hands of the French, the inhabitants of Guernsey and Jersey were, by their proximity to it, obliged to be constantly on their guard until the beginning of the reign of Queen Mary, when it was recovered. The temporary loss of Sark was probably the reason why Sir Leonard Cham- berlayne, governor of Guernsey, caused some addi tional works to be raised on Castle Cornet. The singular stratagem by which Sark was recovered merits notice. There are some slight variations in the different accounts recorded, but that of Sir Walter Raleigh, who was governor of Jersey about fifty years after the event happened, best accords with popular tradition. He made, however, one important error, which it is necessary to correct : he fixes the loss, instead of the recovery, of the island, under the reign of Mary. Sir Walter says, that the island of Sark, contiguous to Guernsey, was, in Queen Mary's reign, surprised by the French, and could never have been recovered by strong hand, having cattle and corn upon the place to feed as many men as were required for its defence, and being so inaccessible that it might be held against the Grand Turk; yet, by the ingenuity of a gentleman of the Netherlands, it was regained. He anchored in the road with one ship, and pretend ing that the merchant, who had freighted it, had died on board, besought permission of the French to bury him in consecrated ground, and in the chapel of the island, offering them a present of such commodities as he had on board. This request was granted on condition of the Flemings not landing armed with any weapon, not so much even as a knife. All this was assented to ; whereupon a coffin, not containing a dead body, but swords, targets, and arquebusses was put into the boat. The French received the 40 HISTORY OF GUERNSEY. mourners on their landing, and searched every one of them so narrowly that they could not have concealed a penknife. The coffin was drawn up the rocks with some difficulty. Some of the French, meanwhile, took the boat of the Flemings, and rowed to their ship to receive the promised commodities, but as soon as they got on board, they were seized and bound. The Flemings on land, after having carried the coffin into the chapel, shut the door, and, taking out the weapons, fell upon the French, who ran down to the beach, calling on their companions on board the vessel to return to their assistance ; but when the boat landed, it was filled with Flemings, who, uniting with their countrymen, effected the complete capture of the island. The beginning of Queen Mary's reign promised advantage to Guernsey, for she had not been six months on the throne, when, on the representation of the inhabitants concerning the scarcity of provisions and other necessaries, she issued her royal patent, dated the 18th of December, 1553, allowing them to import a sufficient quantity of different kinds from England, both for the use of the castle and the island, without paying any customs, toll, or other duty. At different times she confirmed the privilege of neutra lity by an Inspeximus of a bull of Pope Sixtus the Fourth. The islands, however, experienced the hor rors of popery during the remainder of her reign, from which they were happily relieved by the accession of Elizabeth. This celebrated princess soon manifested the parti cular regard she entertained for the island, by con firming its ancient privileges in an Inspeximus of several charters granted by her royal predecessors, bearing date the 29th of July, in the first year of her reign ; and in a few months afterwards she issued an original patent to the same effect, the most ample that had yet been obtained, wherein the privilege of HISTORY OF GUERNSEY. 41 neutrality is distinctly stated to extend so far as the sight of man can reach from any of the islands. In the year 1563, Sir Francis Chamberlayne, at that time governor, was, with other gentlemen, ap pointed by a royal commission, under the great seal, to examine the state of the harbour and island gene rally, with full power to make such regulations as they might find necessary for the benefit of the inhabitants. They, observing the great utility of the harbour of St. Peter's, provided the works already commenced were completed, authorised the bailiff and jurats to raise such a reasonable toll on strangers' goods unloaded in the harbour, as would be sufficient for the maintenance of the pier, and the repair of the bulwarks, as well as to provide powder and ammuni tion on any warlike emergency. As soon as this order was promulgated, the bailiff and jurats put it into execution, and made a tariff for this toll, which, for several years, was regularly received and faithfully applied to its intended use. But the queen, who was more regardful of the security and advantage of the inhabitants than they were themselves, being apprized that the collection of this revenue was applied to im proper uses, and the work consequently suspended, sent, in 1583, a very severe reprimand to the court, commanding them to audit the accounts in presence of the governor, refund all sums misapplied, and ex pend them in the advancement of the harbour. Notwithstanding the malversation of the royal court, the queen graciously ordered the continuation of the toll, and decreed that other contributions might be levied with the consent of the generality of the richest class of inhabitants, and an additional charge was allowed to be made on strangers, in such prudent and moderate form as not to deter them from trading with the island, until the pier was completed. The commissioners above mentioned, finding some defi ciency in Castle Cornet, ordered a new battery to be 42 HISTORY OF GUERNSEY. raised on the north-east part of it, together with some other requisite improvements, the inhabitants contri buting their labour according to custom. Many controversies arising some time afterwards between the governor and the magistrates as to their respective authority and jurisdiction, the queen, by an Order in Council, confirmed (among other articles) the ancient right of the Royal Court to inspect the for tresses ; and she then exhorted and advised her faithful subjects in Guernsey to continue their endea vours and good will for the transport and carriage of stone, sand, and other necessaries at convenient days and times, as heretofore, to strengthen the fortifications of Castle Cornet, and improve the general security of the island. This important work at the castle was not completed before the 12th of August, 1594, when a day was appointed, the 22d of August, for its con secration ; Sir Thomas Leighton, governor, the bailiff and jurats, the clergy, the constables of the town parish, together with the principal officers and inha bitants of the island, were present. The company being assembled, they commenced the ceremony with prayer,* and specially implored God's protection for the safety of the castle, after which the governor christened the new works by the name of the " Royal Battery," which was followed by a general discharge of cannon. Nor did Elizabeth limit her vigilance to Guernsey alone. In order to prevent the small island of Sark being again surprised by the enemy, as it had formerly been from want of inhabitants, she, in 1564, ceded it to Helier De Carteret, a gentleman of Jersey, for him and his heirs, to be held in fee-farm from the crown, on condition that he let it out in forty different tene ments, that there might, at least, be as many men to resist any sudden attack. This Mr. De Carteret, * The officiating clergyman was a Mr. Milhommau, a sturdy Genevan, one of those who hesitated to consecrate churches and chapels. (Jeremie.) HISTORY OF GUERNSEY. 43 for some consideration that he received from Mr. Gosselin, of Guernsey, made over to him five of those tenements, but the lordship of that island is now vested in the Le Pelley family, though the land is divided among several occupants. Queen Elizabeth also endowed a grammar school in Guernsey, out of which has grown the magnificent college, which now ornaments the upper part of the town. Private affection, as well as public policy, might have induced her to exercise so much kindness to Guernsey, she being very closely connected with the ancestors of the present Carey family, so nume rous and respectable in the island. Every one knows that Elizabeth was the daughter of Henry the Eighth and Anne Boleyn ; that unfortunate lady had a sister, named Mary Boleyn, who married a Mr. Carey. He was raised to the honour of knighthood, but after Anne Boleyn was beheaded, Carey lost his title and perquisites, and became a poor man. When Eliza beth obtained the throne, she did not forget her cousins, and one of them, Nicholas Carey, was ap pointed receiver of her majesty's rents in Guernsey, and he was one of the commissioners appointed to erect the grammar school which she endowed. This fact is worthy of being recorded, as the Careys are the only family in the island who can connect themselves with the blood royal of England ; nor can there be any doubt on the point, as the arms of the Careys are quartered with those of Elizabeth in Westminster Abbey.* They are three roses, with a swan for the crest ; formerly there were not any roses, but only * The monument to which we have alluded, stands on the exact spot where, in earlier times, the altar of John the Baptist was erected. It commemorates Henry Carey, first cousin of Queen Elizabeth, created Baron of Hunsdon, in Hertfordshire, in 1558. He was governor of Berwick- on-Tweed, — lord chamberlain, — a privy counsellor, — and knight of the garter. Not receiving preferment to the extent of his expectations, this neglect preyed on his mind, and he languished, for a long time, on a sick bed. The queen, repenting of her inattention, created him an earl ; but the royal bounty came too late ; however, the patent and robes of office were laid before him. He died on the 23d of July, 1596. iEtat 72. — On the other side of this chapel in Westminster Abbey, is another monument, sacred to the memory of Lady Catherine Knollys, chief lady of the bedchamber to Elizabeth, and wife of Sir Francis Knollys. She died on the 15th of June, 1568. This Lady Knollys and her brother, the Earl of Hunsdon, were the only children of William Carey and Lady Mary Boleyn, one of the daughters of Thomas Boleyn, earl of Wiltshire and Ormond, and sister of Queen Anne Boleyn. 44 HISTORY OF GUERNSEY. three swans ; however, a remote ancestor having slain an Arragonese knight in single combat, in Smithfield, whose shield was emblazoned with three roses, the conqueror, to commemorate his victory, as was the practice in those days, assumed his arms, and retained one of his own swans for a crest. In 1565, notwithstanding the efficient state of the royal navy, piracy was openly carried on in the British Channel, of which we find an instance in the seizure of part of the crew of the John, of Sandwich, wrecked on the coast of Guernsey. The men con fessed their guilt, and were lodged in the prison of Castle Cornet till her majesty's pleasure was known. On the 23rd September, 1566, the queen sent her orders, which are of a most singular character. After noticing that the captain and principal officers of the piratical vessel had escaped in a pinnace, and that those arrested were deceived by representations made to them that the object of the voyage was purely commercial, and further, taking into consideration that they had been some time in custody, her ma jesty thus proceeds : — " You shall cause two or three of them, such as you shall think most culpable and fittest for example, to be executed out of hand; and for the rest, we will that you shall, upon bail or otherwise, as by your directions shall be thought best, deliver them and set them at liberty to repair hither, and sue out their pardons, which upon your recommendations we shall be contented to grant unto them, and pass the same under our seal, as appertaineth." On the 23rd of November, 1566, the governor, the commissioners of the queen, and the royal court, having taken the order of Elizabeth into consideration, pronounced the following sentence : — " Forasmuch as it appeareth by the circumstances of the process maintained against thee, Richard Higgins, that you have, among others, your consorts pirates, confessed divers and sundry piracies, namely, upon Flemish fishers and other merchants, as well upon the coast of England as upon the coast of Spain, and minding to persevere in that most horrible and detestable life, have resisted to the uttermost of your power the queen's majesty's ships sent to call back and impeach your and your consorts most wicked enterprises against the glory of God, the queen's majesty's honour, and the public peace between her majesty and her highness's most dear friends and allies ; we, Francis Chamberlain, esq., captain and governor of this island of Guernsey, with the advice of Thomas Compton, HISTORY OF GUERNSEY. 45 John After, Thomas Effort, William Beauvoir, and Nicholas Carey, her high ness's commissioners in this part, assisted by the justice ordinary at this isle, assembled in the fear of God and due obedience to the queen's highness, do, in her majesty's, our most dread sovereign lady's name, ordain that thou, Richard Higgins, shall be pinioned by the officer of justice, and by him be led from this place to St. Martin's point, near the full sea mark, and there, by the same officer, be hanged and strangled till thou be dead." It may be mentioned among the memorabilia of this reign, that on the 1st of April, 1601, the attorney- general and sheriff of Guernsey were empowered to proceed to Alderney, and there seize the estates of the Earl of Essex, executed for high treason. Under the glorious reign of Elizabeth, Guernsey would have enjoyed unalloyed prosperity, had it not been for the arbitrary conduct of the governors, par ticularly that of Sir Thomas Leighton. It is evident that he consulted nothing more than his own private interests, and violated the privileges of the island. Not only was he guilty of many exactions on the natives, but he also so grossly imposed on strangers, as to drive them away from the place. As an instance of his general conduct, it may be stated that several French vessels, belonging to Havre-de-Grace and St. Brieux, measuring from twenty to one hundred and fifty tons burden, laden with corn, wine, salt, &c, were (contrary to the queen's charter granted but a few years before,) seized by him in the roadstead, and detained for a long time, under pretext that the car goes were Spanish property : this infraction of the privilege of neutrality might have been attended with serious consequences, had not the jurats taken the matter in hand ; for, though the repeated remon strances of the court did not induce him to release the ships, he was afterwards compelled to do it by an order in council dated the 9th of June, 1587. On the death of Elizabeth, James the First suc ceeded to the quiet possession of a crown and king dom, undisturbed by intestine feuds and free from foreign war. A pedagogue, possessed undoubtedly of some learning, but of narrow views and feeble judg- 46 HISTORY OF GUERNSEY. ment, he displayed the qualities rather of a scholastic bookworm, than the enterprize or spirit of a monarch. He had the singular felicity of retaining his dominions in peace, though he asserted a prerogative which his unhappy son Charles, fatally for himself, endeavoured to push to despotic authority. The States of Guernsey sent a deputation to con gratulate James on his accession to the throne, and at the same time present a memorial, praying his majesty to confirm their privileges ; he ordered them to be examined by persons well versed in the insular laws and constitution, and ratified them by his royal char ter, dated the 1 5th of June, in the third year of his reign — Inter alia : this charter confirmed the autho rity of the Royal Court to levy the petite coutume for the maintenance of the pier, and for other public works, in perpetuity, not only on commodities im ported into the island by strangers, but even on those of native growth and manufacture. On some dis putes which arose between the governor and the Court concerning their respective rights, the king issued an order to repress all arbitrary proceedings, allowing the military commandant no further power than was consistent with the constitution ; but their dissensions still continuing, and two parties being formed among the public, his majesty, on the 25th of July, 1607, appointed Sir Robert Gardner and Dr. Hussey as royal commissioners, and empowered them to judge and finally determine all disputes between the inhabitants, the court, and the governor, both in Guernsey and Jersey. However, during this reign, the island was free from hostile aggression. The scene was clouded under the reign of Charles the First, when both the islands took part in the civil war, Jersey adhering to the king, and Guernsey to the parliament. The unfortunate marriage of the prince, to Henrietta of France, alarmed England with fears of the revival of popery, and the articles of the HISTORY OF GUERNSEY. 47 marriage contract certainly justified these apprehen sions. It was stipulated, first, — that the queen should freely profess the Roman Catholic religion, together with all her retinue, as well as the children of the marriage. Secondly, — that she should have a chapel in all the royal palaces of England, where she might reside, the services to be performed according to the tenets of the Roman Catholic Church. Thirdly, — that she should be allowed a bishop of her own appoint ment, who should have a right of exclusive jurisdic tion in religious matters over all ecclesiastics within his episcopal sphere. Fourthly, — that she should be allowed twenty priests for her private chaplains. Fifthly, — the king (James) and the prince (Charles) obliged themselves on oath not to induce the queen, in any manner whatsoever, to change her religion, nor to encourage anything that might have that tendency. Sixthly — that all the queen's household should be French Roman Catholics, appointed by the most christian king ; moreover, that the English Roman Catholics should no longer be molested in their reli gion, and that all those who had had their effects seized, should be indemnified. These conditions were deemed to be the foundation of a plot, formed by the king of France, to spread the Roman Catholic religion throughout Great Britain, and as the Princess Henrietta was accompanied by one hundred and twenty confidential attendants, it was feared the French government would gain an ascendancy over the English ministers, and obtain secret intelligence of all affairs of state. In short, these articles, with some others contrary to the spirit of the British constitution, so exasperated the public mind, that a war ensued between the two nations. The Duke of Buckingham made a descent, in 1627, upon the isle of Rhe, from which he was repulsed with tarnished honour and severe loss ; the king of France then determined to retaliate, and prepared to 48 HISTORY OF GUERNSEY. attack the Channel Islands, which he was most anxious to annex to his crown. The Earl of Danby, at that time governor of Guernsey, represented to the king the necessity of sending a squadron of ships of war for the protection of Guernsey and Jersey, as also to annoy or ruin the great trade carried on by the French, between Saint Malo, Granville, Havre, and other ports on the ad joining coast. In this recommendation his majesty acquiesced, and he issued a mandate for its accom plishment. Lord Conway, then secretary of state, also addressed a letter to the bailiff and jurats of Guernsey, dated the 12th of August, 1627, in which he assured them, in the king's name, that his majesty would ever continue his gracious protection, as his ancestors had done, "as he greatly esteemed that " portion of his inheritance, and the unspotted faith " and duty of his subjects in the islands." But Charles's pecuniary difficulties and troubles with his English subjects had already begun, and this misguided monarch was unable to afford immediate assistance. It happened fortunately, in the mean while, that the French, " pleased that the jealousies ' and quarrels between king and parliament had dis- ' armed so formidable a power, carefully avoided any ' enterprise which might rouse either the terror or ' anger of the English, and dispose them to domestic ' union and submission."* At length, however, " it ' was thought good to send the Earl of Danby with a ' considerable supply of men and arms, and ammu- ' nition, to make good those islands, by testifying and ' assuring them against all invasions. This order, ' signified to his lordship about the beginning of ' December, anno 1 628, he cheerfully embraced the 1 service, and prepared accordingly. But neither the ' ships, money, nor other necessaries being at that ' time brought together,"! the squadron only sailed * Hume. t Heylin. HISTORY OF GUERNSEY. 49 from Portsmouth, March 3, 1629, and it consisted of the Assurance, of 800 tons and 42 guns, two pinnaces, one ketch (catch), and one merchant ship, with the arms and ammunition, on board of which were em barked about 400 foot, with their several officers, whereof two companies for Guernsey and two for Jersey. His lordship, " being deserted by his own " chaplaines in regard of the extremity of the season, " and the visible danger of the enterprise,"* Doctor Heylin engaged to accompany him in that capacity, and the happy result of his visit was a publication in 1656, entitled, "A survey of the two Hands, Guemzey and " Jarsey, with the isles appending, according to their poli- " tie, and formes of government, both ecclesiasticall and ' ' civill." Now that steamers easily perform the passage between Portsmouth and Guernsey in less than twelve hours, and that, in moderate weather, with almost as much certainty as a journey of the same distance by land, a smile cannot fail of being excited at the fears of the poor chaplains, who shrank from accompanying the earl in his perilous undertaking ! The survey has become extremely rare, and the following extracts, descriptive of the island at that period, in the author's own orthography and quaint language, possess a local, if not a political interest : — " Two leagues from Serke, directly westward, lyeth the chief island of this government, by Antonine called Sarnia, by ns and the French known now by the name of Garnzey or of Guemzey. The forme of it is much after the fashion of the Isle of Sicily, every side of the triangle being about nine miles in length, and twenty-eight in the whole compasse. In this circuit are comprehended ten parishes, whereof the principall is that of St. Peter's on the sea, as having a fair and safe peere adjoyning to it for the benefit of their merchants, and being honoured also with a market, and the Plaidery,t or Court of Justice. The number of the inhabitants is reckoned neer about twenty thousand,}: out of which there may be raised some two thousand able men j although their trained band consists only of twelve hundred, and those, God knows, but poorly weaponed. The aire hereof is very healthfull, as may be well seen in the long lives both of men and women ; and the earth said to be of the same nature with Crete and Ireland, not apt to foster any venemous creature in it. Out of which generall affirmation, we may * Heylin. t Although the seat of justice has been removed upwards of forty years, the neighbour hood of the old Court-house is still called the Plaiderie, or place of pleading. t We doubt if Guernsey then contained more than barely half that number. By a statis tical table in the Guernsey imd Jersey Magazine, vol. 5, p. 298, it appears that, in 1615, the number of houses in the island was only 1,355. D 50 HISTORY OF GUERNSEY. do well to except witches, of whom the people here have strange reports, and if an ox or horse perhaps miscarry, they presently impute it to witchcraft, and the next old woman shall straight be hal'd to prison. The ground itself, in the opinion of the natives, more rich and battle than that of Jarsey ; yet not so fruitfull m the harvest, because the people addict themselves to merchandise especially, leaving the care of husbandry unto their hindes. Yet bread they have sufficient for their use ; enough of cattell both for themselves and for their ships ; plenty of fish conti nually brought in from the neighbour seas, and a lake on the northwest part of it, neer unto the sea, of about a mile or more in compasse, exceeding well stored with carpes, the best that ever mortall eye beheld, for tast and bignesse. " But indeed the principall honour and glory of this island, I mean of Guemzey, is the large capaciousnesse of the harbour, and the flourishing beauty of the castle ; I say the castle, as it may so be called by way of eminency, that in the vale, and those poorer trifles all along the coasts, not any way deserving to be spoken of. Situate it is upon a little islet just opposite unto Pierport, or the town of St. Peter, on the sea ; to which, and to the peere there it is a good assurance, and takes up the whole circuit of that islet whereupon it standeth. At the first it was built upon the higher part of the ground only, broad at the one end and at the other, and bending in the fashion of an home, whence it had the name of Comet. By Sir Leonard Chamberlane, govemour here in the time of Queen Mary, and by Sir Thomas Leighton, his successour in the reign of Queen Elizabeth, it was im proved to that majesty and beauty that now it hath, excellently fortified according to the moderne art of war, and furnished with almost an hundred piece of ordi nance, whereof about sixty are of brasse. Add to this, that it is continually environed with the sea, unlesse sometimes at a dead low water, whereby there is so little possibility of making any approaches neer unto it, that one might justly think him mad, that would attempt it. And certainly it is more than necessary that this place should be thus fortified, if not for the safety of the island, yet at the least for the assurance of the harbour. An harbour* able to contain the greatest navy that ever sailed upon the ocean ; fenced from the fury of the winds by the isles of Guemzey, Jet-how, Serke, and Arvie, by which it is almost encompassed ; and of so sure an anchorage, that though our ships lay there in the blustering end of March, yet it was noted that never any of them slipped an anchour. Other havens they have about the island, viz., Bazon, L'Aucresse, Fermines, and others ; but these rather landing places to let in the enemy, then any way advantageous to the trade and riches of the people. A place not to be neglected in the defence of it ; and full of danger to the English state and trafick, were it in the hands of any enemy. "The other villages" (in Jersey) "lie scattered up and down, like those of Guemzey, and give habitation to a people very painfull and laborious ; but by reason of their continuall toyle and labour, not a little affected to a kinde of melancholy surlinesse incident to plough men. Those of Guemzey on the other side by continuall converse with strangers in their own haven,f and by tra vailing abroad being much more sociable and generous. Add to this, that the people here" (Jersey) " are more poor, and therefore more destitute of humanity ; the children here continually craving amies of every stranger ; whereas in all Guemzey I did not see one begger." In the year 1627, the insular charters were again confirmed, and a large quantity of provisions of dif ferent sorts permitted to be imported from England, for the use of the island and castle. A treaty of peace was signed between France and England (14th * The roadstead is evidently here meant. t Guernsey maintained its pre-eminence in commerce and navigation till about the peace of 1815, since which period Jersey has taken the lead, and her trade and shipping are now fully double those of the sister isle. HISTORY OF GUERNSEY. 51 of April, 1629), on which the islanders were again secure from invasion. It may be here also inci dentally mentioned, that Henry De Vic, a native of Guernsey, was employed by Charles in treating with the celebrated Due De Rohan and the French Protes tants for the relief of La Rochelle.* De Vic, who was subsequently " Resident for King Charles the " First, nearly twenty years in Brussels, afterwards " chancellor of the most noble order of the garter," shared in the exile of Charles the Second, and was by him created a baronet in 1649, by letters patent, dated at St. Germain, in France, September 3 ; but the title has long been extinct, as for many years has been in the island the name of this ancient family, one of which was bailiff in 1596. Another Guernseyman, John Andros, an officer in the English army, was mortally wounded in one of the unsuccessful attempts to relieve La Rochelle. Nothing remarkable occurred for some year,s in relation to the islands, but in 1637, those celebrated martyrs to liberty, William Prynne and Henry Burton, were sent over as prisoners for publishing books against the bishops, the former to Mont Orgueil Castle, Jersey, the latter to Castle Cornet, Guernsey. Falle seems proud of recording the loyalty of the Jerseymen in adhering to Charles during the civil war, and somewhat invidiously censures the Guern seymen for siding with the parliament. He extols Sir George Carteret to the skies, and he has been fol lowed by. many writers in this encomiastic style. It must be admitted that Sir George behaved with zeal, gallantry, and devotion ; but he did not espouse the royal cause from patriotism, but with a view to pre serve the enormous authority he had usurped in the island, and which he feared would be curtailed, should the parliament gain the ascendancy in the approach ing struggle. Falle thus writes of his hero : — " Capt. * Continuation of Sir J. Mackintosh's History of England. D 2 52 HISTORY OF GUERNSEY. Carteret, (afterwards Sir George,) comptroller of his majesty's navy, was a man, says Lord Clarendon, of great eminence and reputation in naval command. He stood so well in the opinion even of the parliament for true honours, courage, and abilities, that when they committed the fleet to the Earl of Warwick, in opposition to the wishes of the king, the two houses had cast their eyes upon him for vice-admiral. But he knew better what became him than to accept an employment from them, unless the king had judged it expedient for his service. Unhappily, his majesty did not judge it such, nor would he consent that one of his servants should so far countenance their proceed ings as to be in any way concerned with them, which the noble historian laments as a most fatal error ; for, to use his own words, if Captain Carteret had been suffered to take that charge, his interest and reputa tion in the navy were so great, and his diligence and dexterity in command so eminent, that it was generally believed he would, against whatsoever the Earl of Warwick could have done, have preserved a major part of the fleet in their duty to the king. Upon this, Sir George withdrew himself, with his family, to Jersey, and, being well assured of the hearty concur rence of the inhabitants, declared for his majesty." This panegyric only wants one additional ingre dient ; to wit, truth : but that is wanting. Sir George Carteret, when lieutenant-governor of Jersey, fre quently went over to England, and there so strength ened his private interests by constantly attending the court, that he procured for his friends and relatives almost a complete monopoly of local authority in the island. He was bailiff, lord of several fiefs, and owner of many considerable estates. His government be came so arbitrary, that the states lodged a complaint against him before parliament, in 1642, and this had as much influence on the conduct of the Carteret family, as their loyalty. Falle has suppressed this HISTORY OF GUERNSEY. 53 fact ; it is therefore proper to recite the articles of this complaint, as they illustrate the state of public opinion at the time : — " That the personal residence of a governor, well qualified, in a frontier place, is most requisite for his majesty's service and the security of the island. " That Sir George Carteret, the deputy of Sir Thomas Germain, a man altoge ther inexperienced in militia discipline, has lately, and in his absence, appointed one of his nephews, about twenty-three years of age, to that office ; and that last summer he committed that charge to his eldest son, scarcely twenty-one, and unfit to be entrusted with a post so important, in reference to the militia and the defence of the island. " That the non-residence of the governor, the same now living in England, does not only impoverish the island, but furthermore, one of the best rank cannot perform the personal services that he owes to the country, with that attendance of men and furniture of arms, as he is bound to do ; but all is contracted and reduced under one family. " That, for the avoidance of sundry inconveniences and jealousies, it is the gene ral desire of the inhabitants, that the deputy be a native of England, as was ordered by King Henry the Seventh, upon « survey of this isle, and a man of sufficient ability to command or order within or without the castles, or to that intent : this sufficiency is expressed in all the patents of the governors. " That Sir George Carteret, the present deputy, holds offices incompatible with a due administration of justice, he being deputy-governor, bailiff, and farmer of the king's revenues, escheats, forfeitures, and fines, and thus becomes judge and party. " That the said Sir George Carteret entrusts with all the chief places and offices those of his name and family, the island consisting of twelve parishes, in which seven Carterets are captains, besides two of his nephews, and a brother-in-law is his own servant, being porter of the great castle of Mont Orgueil. "That he procures the nomination and election of his own kindred to the judicature on the bench and court of justice, by letters and messengers, when the parishes, by order of the court, are commanded to proceed to the election of a jurat by the votes of the people. " That he has opposed the free election of the ablest men that were named by the votes of the country, according to their privileges. " That he makes himself formidable by his violent carriage and threats on the seat of justice against those magistrates and others who differ from him in opinion, menacing them, in fearful terms, with his revenge, and that of his relatives in open court. " That he has presumed, of his own head, to raise customs and imposts unheard of upon goods imported into the island, against the liberties and charters of the isle. " That, since he has been lieutenant-governor, he has oppressed the people by setting at a high rate the licenses for exportation, out of England, of those com modities which are granted by warrants and patents, as of wool, leather, and sea coal, those commodities being now raised to an excessive price, even to the beggary of the country. " That he keeps no resident ministers for the service of God in the castles, as has been the practice of former governors, and prescribed by the orders of the lords of council, but supplies their deficiency by taking away some of the rectors from their own parishes on the sabbath day. "That, without form of justice, or judicial hearing, he has commanded some gentlemen of the highest rank in the isle to appear before the lords within forty days, and upon their appearance, he never moved any prosecution about the cause of their appearance. " That, with arbitrary power and subversion of the laws, he does release out of prison, without consent or act of the court, those who are committed there by 54 HISTORY OF GUERNSEY. judicial sentence j and sometimes, by his own private authority, either as lieutenant- governor or bailiff, he commits to prison, against the express words of our privileges. " That he has hitherto given no account in the isle of the great sums of money received by him out of the exchequer or treasury, as appears by a true copy dated 1628, he then being captain, where he charges iJ3,160 for billeting one hundred soldiers. Some small portions he has paid, when it pleased him, and to prevent his accounting for the said money, he has taken an acquittance of the constables, to show that he has disbursed the amount out of his own pocket, and left a bond for that which is due in their hands ; and nobody here dares to undertake the pro secution of this business, or of other grievances against him, for fear of his power and revenge. " That some contracts have been made in the castles between some prisoners and some of his relatives to obtain pardon for crimes of false coining and clipping of French and Spanish coin, part of the bribe being paid down in cash, and the remainder being secured by a bond left in the hands of the porter of the castle. " That, against our customs, and to the great discontent of the people, he has frequently sheltered in the castle some gentlemen of great quality, fled out of France, and prosecuted there for high treason, which is contrary to formal injunc tions concerning strangers, who are inadmissible into any of the fortresses of the isle. " That some individuals have been admitted into the magistracy without due election, or by the votes of the country and jurats, against whom there are many serious objections ; and they ought to be removed. " That he has procured, out of his own head, the alteration of some of our laws and customs, against the consent of the states. " That he sets an excessive price on the rents due to his majesty without the advice of the jurats, as the former course has been. "That, when the said Sir George Carteret was here, and had knowledge that these articles were presented to the honourable house of commons, he did subtily procure letters to be written unto him, of false intelligence, whereby mention was made that this island stood then in danger of invasion, and therefore that his pre sence there was necessary ; but this false intelligence was manufactured for fear of the touchstone of the law ; and now he is in Jersey, where he procures certificates on his behalf, with which he pretends to clear himself, subscribed by some of the jurats of his kindred, and others of the inhabitants who dare not refuse him, he being absolute in this island, so far removed from the eyes of the English Go vernment." This complaint clearly shows that Carteret was as complete a despot as ever breathed ; all his sympa thies were in unison with those of the king, who had the most extravagant notions of the royal prerogative. Carteret dreaded being brought before the parliament to account for his tyranny and extortion, and there fore espoused the party most disposed to screen him from punishment. When the civil war broke out, Sir Peter Osborne was lieutenant-governor of Guernsey. He held out for the king, and fortified himself in Castle Cornet. On the 2d of February, 1642, a meeting was held, between seven and eight o'clock in the evening, at HISTORY OF GUERNSEY. 55 the house of John Fautrart, lieutenant -bailiff, which was attended by Peter De Beauvoir, seigneur des Granges, and Thomas Carey, jurats, to hear the de position of Henry De La Marche, one of the consta bles of the town parish. He reported that Captain George Carteret had arrived about noon from the west of England, with arms and ammunition of war, which he intended to employ to the injury of the nation, and that he (the constable) suspected that Carteret was going to France to receive more, from the information he had received. He further stated that Carteret was then in Castle Cornet with Sir Peter Osborne. On receiving this information, the three magistrates above named resolved to send the constable and the king's sheriff to John De Quetteville, the bailiff, to obtain his advice. On their statement, the bailiff refused to enter into the merits or particulars of the case, simply observing, that if they applied to him for an order to arrest Carteret, he would grant it. When they returned to the house of John Fautrart with this message, the jurats were highly displeased at such indifference to the public service, and they ordered the sheriff to repair to Castle Cornet, and command Sir Peter Osborne, in their name, to deliver up the person of Carteret. The sheriff returned at nine o'clock, and reported that he had seen Sir Peter Osborne and Carteret, and put into the 'hands of the former the deposition of Henry De La Marche, the constable ; that the lieutenant-governor opened it, read it, but gave him no answer, although he produced his commission, as sheriff, and the orders of the jurats. On the 11th of March, 1642, the court assembled, when the bailiff stated that he had convened them in consequence of the receipt of an order from the lords of the parliament of England, tending to the good of his majesty's service, the interests of parliament, and the conservation of the island, which order he was 56 HISTORY OF GUERNSEY. commanded to communicate to Sir Peter Osborne, the lieutenant-governor, to the court, and to the states ; that he had already forwarded it to Sir Peter, but had received no satisfactory answer. On this point he requested the advice of the court. After the matter had been taken into consideration, the sheriff was ordered to wait on the lieutenant-governor, and desire him, in the name of the court, to have the states convened on the Wednesday next ensuing, to take the parliamentary order into consideration. On the return of the sheriff, he reported that he had been to the castle to deliver the message of the court ; that at the great gate he had met the porter and three soldiers, whom he desired to communicate the purport of his errand to his excellency. The porter soon came back, and said that he did not believe that he (the sheriff) had been sent by the bailiff and jurats, no more than he had been on the former occasion, when he had pretended to be autho rized, and coined a falsehood. On this the sheriff showed the porter his written instructions, and desired him again to announce his presence to his excellency. The porter insisted on their being read to him, which the sheriff refusing to do, he having no such autho rity, the porter went a second time to Sir Peter, and, on his return asked, in what place, and before what jurats, the sheriff had received his instructions. He answered at the court-house, and before all the jurats ; whereupon the porter said, that if the court desired to make any communication, they must send one of their own members. At this time there was no governor, and it was clear that Sir Peter Osborne would not yield to the law. On the 22d of March, 1642, this state of things was altered by an instrument forwarded from the committee of lords and commons appointed to watch over the safety of the kingdom. It vested the provi sional government of Guernsey, Alderney, and Sark HISTORY OF GUERNSEY. 57 in thirteen gentlemen, of whom Peter De Beauvoir, des Granges, was appointed president, and ordered that any six of them should form a quorum. With this commission were forwarded the following instruc tions, for the guidance of Peter De Beauvoir and his colleagues : — " 1. — You shall seize the person of Sir Peter Osborne, knight, deputy-governor of the island of Guernsey, and the castle now in his custody ; and you shall send him under a safe escort to the parliament, to answer such offences, contempts, and other misdemeanours, as shall be objected against him. " 2. — You shall take into your custody, by inventory, all money, plate, and other goods belonging to the said Sir Peter Osborne, and keep the same till further directions be given by this committee, or by parliament. " 3. — You shall appoint a captain, or commander-in-chief, and other subordi nate officers over all the trained bands of the said island, who shall lead, conduct, and exercise the soldiers, according to the discipline of war. " 4. — You shall, by force of arms, take possession of the said castle, and fight with, kill, and slay all who make any resistance to you in the execution of this commission, and shall keep the said castle to the use of the king and kingdom of England. " 5. — You shall oppose and suppress all forces which may arrive in the island, without authority and consent of both houses of parliament. " 6. — You shall assist all ships sent by authority of both houses of parliament for the defence of the said island, and guarding of the seas, and protection of his majesty's good subjects in those parts. " 7. — You shall seize upon the persons and estates of all such as stand in defence of the said Sir Peter Osborne, and all others that have made, or shall make, war against the parliament. "8. — You shall seize upon all ships, barks, and all goods and provisions employed for the relief of the said castle, or fort, being in actual war against the parliament, or the property of those who have in any manner aided or assisted those who were, or are, in such actual war. " 9. — You shall, from time to time, advise both houses of parliament, or this committee, of your proceedings, and execute such further instructions as you may receive from them. " 10. — You shall collect the rents and other profits belonging to the governor of the said island, and shall employ the same for the defence thereof, and other public charges. " 11. — You shall grant and dispose of all such licenses for transporting any commodities for the relief and supply of the island out of the kingdom of England, as by law are warranted, in such manner as shall stand with justice, and due respect to the good of the said island, and the inhabitants thereof." In obedience to these instructions, the commission ers made some attempts to seize Sir Peter Osborne and get possession of the castle, though they had recourse rather to negociation than force of arms ; but the deputy-governor would not listen to any terms 01 accommodation : he threatened to batter down the town, and actually fired several cannon, to the great terror of the inhabitants. Under these circumstan- 58 HISTORY OF GUERNSEY. ces, the following letter was written by the commis sioners to the parliamentary committee : — " May it please your honours ;— Your orders for this island have been commu nicated to us by Mr. John De Quetteville, your messenger, and we have tried the best means we could to help him in the execution of the same ; but we could not take the person of Sir Peter Osborne, though the people assembled and declared on oath to stand for the king and parliament, for he keeps himself strong in the castle, daily adding to its fortifications. After the publication of your order, we deputed the king's attorney to convey to the lieutenant-governor a copy of the same, and require his obedience to the articles it contained ; but he returned for answer, that he would not look at any order or command issued by the parliament ; he, moreover, enjoined us to aid him against the parliament, and to call on all the inhabitants publicly to declare that, in case any forces should be sent hither, they would aid him in their repulse, threatening, in case we did not yield to his autho rity, to batter and destroy our town with his guns, which menaces he and his people continue daily to carry into effect, to the great terror of our inhabitants, having already shot several pieces of heavy ordnance over the town, which has caused the most part of the people to forsake their houses and retreat into the country. We cannot expect any more messages from Sir Peter, who obstructs all shipping from entering into, or sailing out of, the harbour, even the fishing boats. Nor will he allow strangers to go to sea ; and, if this blockade continues, it will be the utter undoing of the inhabitants of this island." The king, apprised of all the measures taken by the parliament in reference to Guernsey, wrote a letter, addressed to the Earl of Danby, the former governor, the bailiff, and jurats, thus directed : — " To our right trusty and well -beloved cousin and counsellor, Henry, earl of Danby, governor of the island of Guernsey, and to his lieutenant there, and to our trusty and well-beloved the bailiff and jurats of the said island, and every one of them, Charles Bex, we greet you well. The great distractions and calamities which this, our kingdom of England now suffers by the falsehood and disloyalty of some factious and ambitious spirits, who have dispersed untruths of our person and government, make me anxious to prevent the like in other parts of my dominions ; and, understanding that this ill spirit, now brought upon our kingdom, begins to be hearkened to in our island of Guernsey, and chiefly upon a false report sup posed to have been raised by one Monsieur Des Granges, whom we have known under a better character; and hearing also, that our present governor, the Earl of Danby, is put out of charge, and the Lord Viscount Scudamore installed into that office, in consequence of which many of our subjects there begin to cast off their subjection and obedience, not only to him and his deputies, who are our royal lieutenants, but even to the law of the island. This information has moved us to write our letters, and direct them jointly to you, both our governor, and deputy, and our bailiff and jurats, strictly requiring you, that you make known to our loyal subjects, in that island, that, as we ever have had most especial care to preserve the Protestant profession of the Christian religion with your ancient government among you, your liberties, persons, and properties, as settled by the laws and customs of your island, so shall we ever preserve them from all innovations or alterations whatsoever, whereby you may enjoy the blessings of tranquillity under us, as heretofore under our predecessors. But in case you find any particular person, (for we have had of late too much experience of those spirits) who shall cast -off this, our just command and authority, you, the bailiff and jurats, are to apprehend and closely imprison such offenders, and proceed against them with expedition and severity, according to the laws ; and upon any insurrection or other act of disloyalty, we require you, our governor and deputy, by your martial power, HISTORY OF GUERNSEY. 59 to subdue such persons as shall rise against our authority by any traitorous at tempt ; and we expect that both you, our governors, and you, our magistrates, will take such care, and give such mutual assistance to each other, as may preserve your peace and the loyalty of the island, which we have always and so much desired, knowing how much it imports that no advantage be given to the designs of foreigners by faction ; of this we expect you will give us a speedy account, and for so doing, these, our letters, shall be to you, or any one of you, a sufficient warrant."* Notwithstanding this promise of the king not to permit any changes in the Protestant faith, his noto rious insincerity was so well understood, that no clear sighted man placed the least confidence in his decla rations. The inhabitants of Guernsey felt the same distrust of him, as the people of England, and one strong proof of their alarm, and that of the parliament, is contained in the following letter, written to the Guernsey commissioners, by the Earl of Warwick, high admiral of England, who was earnestly soliciting the committee of safety to send them over guns and other assistance : — " You may think it long that you have not guns and help from us here, but I assure you it is not my fault, for I have written orders divers times to the com mittee of safety about it. Here they have signed a warrant for the governor, and have also commanded one in chief to come and assist you. I shall leave my ships with you till parliament commands me to call them away, though I believe the largest ships can do you little service there ; but any assistance that I can render you, I should be very ready to give, and would be with you myself were it not for the office I hold, and so bid you heartily farewell." It appears from this letter that the earl was of opinion that large ships were not required at that time ; from which it may be inferred that the parlia ment had no intention of bombarding the castle, but merely wished to protect the trade, and prevent any supplies being sent from abroad to the relief of Sir Peter Osborne, in the hope of starving his garrison into surrender. The warrant alluded to in Lord Warwick's letter, was the commission of Lord Scu- damore to act as governor, mentioned in the letter of King Charles to the Earl of Danby. Lord Scudamore does not appear ever to have exercised his appoint ment ; indeed the commander-in-chief, sent to Guern- * Dated from Oxford, 9th of December, 1643. 60 HISTORY OF GUERNSEY. sey, was Mr. Robert Russell, who was styled lieute nant-governor, under the command of the Earl of Warwick, who received the following parliamentary instructions for the government of Guernsey and Jersey : — " To Robert, Eakl op Warwick, — You shall take care that the Protestant religion be preserved and maintained in the said islands, and that the churches in the said islands be governed according to their ancient customs and privileges. " You shall be careful that justice be well administered according to the laws and customs there used and established, and that all the inhabitants be maintained in their lawful rights and liberties. " You shall do your best to preserve the peace of the said islands and inhabit ants, under the protection of the crown and parliament of England, and, by force of arms, suppress all tumults and insurrections and seditions, and likewise resist and repulse all invasions and depredations, either by sea or land, and to withstand all forces and authority whatsoever used or exercised in the island without the consent of both houses of parliament. " You shall apprehend the person of Sir George Carteret, knight, late captain governor of the island of Jersey, and Sir Peter Osborne, late captain governor of the island of Guernsey, as likewise all their adherents, confederates, and abettors, and shall send them in safe custody to the parliament, there to answer for the treasons, felonies, robberies, oppressions, and other heinous crimes, by them committed against the crown and kingdom of England, and against his majesty's good subjects, and the inhabitants of the said islands. "You shall strictly prohibit and restrain the inhabitants of the said islands from giving aid or assistance to the rebels of the county of Cornwall, or in any others now in actual war against the parliament, or from holding any commerce, intelligence, or correspondence with them. " You shall seize upon all castles or forts held by Sir George Carteret, Sir Peter Osborne, or any of their adherents, or by any other persons without the consent of both houses of parliament, as likewise upon all monies, plate, jewels, ammunition, ordnance, lands, tenements, and all other goods whatsoever belonging to those who shall oppose you, or the deputy lieutenants or others employed by you in the exe cution of this commission and these instructions ; of all which you are to cause perfect inventories and accounts to be drawn up and safely preserved from spoil or embezzlement, until the two houses of parliament shall have given you further instructions. " You shall appoint some fit officers to be careful for all ordnance, arms, am munition, or other provisions, which shall be issued for the defence or preservation of the island, that they may be employed or expended without waste, and a good account thereof made in such manner as shall be appointed by both houses of parliament. "You shall give instructions to the several deputies and lieutenants in all particulars above mentioned, together with such other instructions as you, in your wisdom, and according to the trust reposed in you, shall think needful for the defence and government of the said islands ; and you, your lieutenants and deputies, shall receive further advices from time to time from both houses of parliament." Notwithstanding these measures and the great responsibility reposed in the Earl of Warwick, the inhabitants of Guernsey were left defenceless and without ships to protect their trade from the cannon of the castle, which received numerous supplies from HISTORY OF GUERNSEY. 61 England and France, both of provisions and ammu nition. Sir Peter Osborne was resolute and faithful to the royal cause, firing his guns into the town, to the terror and damage of the inhabitants. From the following letter, addressed by the Earl of Warwick " To the States assembled in the island of Guernsey," dated the 2d June, 1643, it appears that the courage of the Guernseymen began to quail, for the admiral writes in terms of severe reproach : — " Gentlemen, — I am something amazed, after so long a patience and such good evidences given of your affection for the maintenance of so just a cause ; — I say I am amazed you should grow remiss and seem to neglect and draw back, as if it were an indifferent or dangerous thing to defend yourselves, your liberties and your properties, and what is of greater consequence, your religion and the purity thereof, against traitors, papists, atheists, and the like, who have la boured, and daily do labour to enthral our liberties and religion, and to bring us into slavery to themselves, and to the devil by the darkness of errors and pernicious heresies wherewith they obfuscate the Christian air we live in. If this be the main design with you, what a shame, what a reproach will it be for you and your posterity, after having begun so well and showed the way to Jersey, and having suffered longer than they with loss of your houses, and such boldness as has made you odious to your enemies, if you now yield to those enemies, after so many protestations and humble petitions made to the high and honourable court of parhament, and after receiving such favourable orders, provisions, supplies of all sorts and expenses from them and this kingdom ; will you now make yourselves ridiculous to your enemies, and be guilty of so foul an apostacy ? Consider what I have done for you ? Do you think to subsist against the authority of parliament and the power of this kingdom ? Certainly if you attempt this, you will repent too late j but I hope better things from you. I advise and exhort you, therefore, to unite yourselves one with the other, and with my lieutenants in all your coun cils and endeavours, and judge by what I have already done, what I will continue to do, if God permits it, and when the time of the year is favourable, unless you be wanting to yourselves. And so praying God to increase and strengthen your valour and resolution, as may be for his glory and your good, with my kind salutations to you all, I rest your very assured friend." This letter seems to have produced the desired effect, as Guernsey stood firm for the parliament. Not being able, however, to reduce the castle by force of arms, the parliamentary deputies ordered the following summons to be forwarded to Sir Peter Osborne : — " Sir, — I, the undersigned, lieutenant-governor of Guernsey, and the islands dependent upon it, under the command of the Right Honourable Robert, Earl of Warwick, lord high admiral of England, with the captains undernamed, having received commissions for their and other ships to abide on these coasts constantly, we have thought fit to signify to you that, lately, an ordinance by both houses of parliament is set forth to all lords, gentlemen, and others, of whatever quality they may be, who have stood in opposition to them, but who now shall come in before the 1st of March next, and declare themselves for the parliament, that then all 62 HISTORY OF GUERNSEY. their goods, lands, and annuities which are sequestered, shall be wholly restored to them. But whoever shall refuse this honourable proffer, must never expect the like mercy after the day prefixed ; but all their goods, lands, and annuities shall be sold for the parliament's use. Divers lords and gentlemen have wisely laid hold on this mercy, now putting forth their declarations by what means they were seduced. — We now offer this unto you, and shall see it loyally performed, that you have liberty safely to depart with all your officers, and all things appertaining to yourself or them for England, or elsewhere. This denied, believe us, you will never obtain the like. Upon the surrender of the castle, we will engage our faith in the performance. If you desire to treat with us, giving your faith for safe con duct, one of us will come to you. Desiring your speedy, answer by the bearer of this unto your loving friends. Signed, Robert Russell, lieutenant-governor and his captains. Dated Guernsey, 22d February, 1644." Sir Peter Osborne answered this letter by an un qualified defiance, declaring his readiness to forfeit all his estates, rather than peril his honour as a staunch royalist. All hope of an amicable negotia tion thus fell to the ground, and partial hostilities continued between the two parties with little or no interruption. But, after the lapse of some months, the Guernseymen again found themselves reduced to extremities, and addressed the following letter to Lord Warwick : — " My Lord, — Our calamitous state (we having no hope of defence but under the wings of your protection) compels us to advise you that Castle Cornet has, within these last days, received supplies from France and England, a large shallop having come from France, and two ships from England, one of them commanded by Captain Bowden, who has revolted against the parliament. Captain Bowden arrived here from Dartmouth on Saturday last, the 22d of this month, and an chored to the south of the castle, when he sent his boat on shore with letters addressed to the lieutenant-governor (Russell), and to the commissioners appointed by the parliament, requesting them to come on board his vessel to consult with him on matters of great importance, he feigning to be ill. Upon this invitation Peter De Beauvoir, James De Havilland, and Peter Carey, three of the said com missioners, went on board, when they were immediately seized and treated as prisoners. The other vessel went to Jersey on the same errand, but our lieut.- general sent timely notice to that island. This circumstance induces us, with the consent of Robert Russell, esq., your lieutenant, to write to your lordship and inform you that this poor and feeble state has, at present, more need than ever of your aid and support ; and we most humbly pray you, with all possible diligence, to send us some vessels, and all necessary ammunition, in such quantities as your prudence may think proper, to protect us against the invasion of our enemies. Signed, James Guille, Peter De Beauvoir, (du Bosq,) Michael De Saumarez, John Bonamy, Thomas Carey, John Carey." The detention in Castle Cornet of Peter De Beau voir, James De Havilland, and Peter Carey, who had been perfidiously betrayed into the power of Sir Peter Osborne, excited the greatest uneasiness and conster- HISTORY OF GUERNSEY. 63 nation throughout the island, and, as the event is memorable in the annals of Guernsey, it merits a detailed narration. When Captain Bowden arrived in Guernsey roads, he dropped anchor and sent his boat into Fermain bay, manned by ten or twelve of his sailors, where they were received by the lieutenant- governor, the parliamentary commissioners, and others drawn to the spot from curiosity. The coxswain of the boat presented a letter, addressed to the lieutenant- governor and the parliamentary commissioners, by Captain Bowden, who requested them to come on board his ship to confer with him on different affairs which concerned the public welfare, as he was in structed to do by orders of the Earl of Warwick, Bowden pretending that he was too ill to come on shore. On receipt of this letter, the lieutenant- governor sent Captain Thomas Sippins on board Capt. Bowden's ship, to receive information concerning the state of England, and also to desire him to capture a vessel which had arrived from Weymouth, laden with stores for the castle, and which was then anchored near Brehon, out of reach of the land batteries. Capt. Sippins accordingly went on board the Bramble, when Bowden told him that he was his prisoner. Fifteen days before, this traitor had quitted Guernsey, hold ing his commission from the parliament, when he proceeded to Dartmouth. There he had an interview with Prince Maurice, and attached himself to the king's party, on which occasion he promised to return to Guernsey and seize the lieutenant-governor and the parliamentary commissioners by stratagem. When Bowden saw that his intended victims were not dis posed to accept his insidious invitation, he sent his boat a second time to Fermain bay, manned as before, and with the same coxswain, who proceeded to the house of the lieutenant-governor, where Messrs. De Beauvoir and Peter Carey were at dinner, and there delivered a second letter, in which Bowden most 64 HISTORY OF GUERNSEY. urgently required their presence to deliberate on the affairs to which he had alluded in the first. As to the king's vessel, anchored off Brehon, her he promised to capture without any difficulty. Having consulted together, and desirous to discharge with fidelity the duties of their trust, Messrs. De Beauvoir, De Havil land, and Carey, resolved to go on board the vessel, and set out together from the lieutenant-governor's residence for Fermain bay. On the road they began to entertain some vague suspicions of treachery from the hurried eagerness of Bowden, the absence of Sippins, and the refusal of Bowden to come on shore, as he was wont to do. But De Beauvoir, who was much better acquainted with the officers and crew of the Bramble than De Havilland or Carey, assured them of his confidence in their honour, and removed their doubts. Thus persuaded, they embarked in a boat belonging to the island, and went on board the vessel, when Bowden received them with open arms, and conducted them into the cabin, where they found two other naval captains in the king's service, who showed them their commissions, signed by Prince Maurice, and by which they were ordered to reduce the island into submission to his majesty. They then strongly urged the Guernsey deputies to co-operate with them, offering many advantages if they acquiesced, and threatening the severest punishment if they refused ; but they remained true to their duty. Notwithstand ing this resistance, they were treated with every courtesy and respect. At the approach of night, one of the two captains, named Jones, entered the Bramble's boat to go on board the Weymouth vessel, to advise the crew of his secret intentions, but no sooner did he come near, than the anchor was weighed, and the ship set sail for St. Malo. Being disappointed in this attempt, Jones pulled back, and met the boat belonging to Castle Cornet making for the Bramble, but he ordered it to HISTORY OF GUERNSEY. 65 return, fearing to excite alarm. Bowden then deter mined to steer for Jersey, in the hope of entrapping the lieutenant-governor and the parliamentary com missioners of that island ; but the lieutenant-governor of Guernsey, being now fully convinced of treachery, despatched a boat on the same day that Mr. De Beauvoir and his two companions were made prison ers, to Jersey and St. Malo, to put the parliamenta rians on their guard. The Bramble returned to Guernsey with a white flag flying at her stern, and anchored under the cannon of Castle Cornet, when Captain Bowden sent his boat to Sir Peter Osborne, advising him that he had prisoners on board. After sunset, Bowden him self went to the castle, accompanied by Captain Simpson, and both of them were made welcome, but Sir Peter insisted on the prisoners being delivered into his hands, as their detention in the fortress would greatly facilitate the reduction of the island. Against this the two captains remonstrated, for the prisoners had promised them fifty jacobusses, if they would land them at Dartmouth. Sir Peter, however, was deter mined, and the two captains returned to their vessel about midnight, in very bad humour, particularly Simpson, whom Sir Peter had not treated with that deference to which he felt himself entitled, as one of the king's naval officers. On the following day, Sir Peter sent his boat to the Bramble, manned by seven or eight rowers, under the command of John Chamberlain, and between nine and ten at night the three prisoners were embarked and landed on the eastern side of the castle, being compelled to ascend a ladder thirty-two feet high to reach, the ramparts, where they were received by the porter, attended by forty armed men, and ten to twelve who were unarmed, among whom were the sons of Sir Peter Osborne, his chaplain, and Mr. Andros. They were then marched, to the front of a 66 HISTORY OF GUERNSEY. window, when Sir Peter and his aide-de-camp, Capt. Darell, enjoyed the sight of their prisoners. Thence they were removed to an apartment in the underground dungeons, the lowest but one in the fortress, so damp that their hair immediately dripped with wet, and into which the light of day could only enter by the key hole. There they had to pass the night. They were allowed three candles, three hard pillows, and three ragged coverlids, which swarmed with vermin, and on these they lay down to sleep. About two hours after midnight, Captains Bowden and Simpson visited them, and when the former saw their misera ble condition, whether from hypocrisy or remorse, he uttered a loud cry, and embraced Mr. De Beauvoir, exclaiming, " O gentlemen ! do I really see you so reduced," and then, bidding them adieu, left the prison with Captain Simpson. On the next day, about eleven in the forenoon, the prisoners received some bacon and pease for dinner, two biscuits, and about a quart of beer : at two o'clock a large quantity of mouldered cotton was removed from the room above that in which they were confined, after which they were transferred to the upper apart ment. It was a great comfort to the prisoners that they were not separated, which they feared might be the case. In the evening they were provided with supper, consisting of pease soup, two biscuits, and a quart of beer. After this they stretched themselves on the floor, the porter having left them twenty bun dles of the mouldered cotton by way of a luxury to keep themselves warm, and two days afterwards he lent them two bolsters ; but after they had enjoyed these comforts during four days, the coverlids were taken away, the governor probably thinking they might cut them into slips and make rope-ladders out of them. The removal of the coverlids first gave them the idea that their escape was possible. The vindictive governor was not satisfied with the HISTORY OF GUERNSEY. 67 safe custody of his prisoners, but displayed a paltry and ungenerous spirit in the selection of their diet. On the Monday they were allowed, for dinner, two small whitings half cooked, with a small portion of frozen butter, a quart of beer, and two small biscuits ; for supper a mess of gruel and boiled water for soup, two biscuits, and a quart of water. On Tuesday they had stale pease and rancid bacon, which they sent back with indignation, it being impossible to eat such diet ; biscuits and beer were served as usual : for supper they received some pease soup, with the customary allowance of beer and bread. Such was their usual mode of treatment ; but on the fifteenth day after their detention, the allowance of beer was stopped, after which, they only received a pint of Gascony wine, daily, among the three, with brackish water, and some times rain water saturated with lime, caused by a can non ball which had been fired at the fortress from one of the land batteries, called " LaRoque des Chevres," which knocked down part of the wall into the cis terns. With this water the prisoners were obliged to quench their thirst, rendered more intense by the salted provisions they were compelled to eat. This diet gradually affected their health, and their strength began to be seriously enfeebled, for they were not able during a month to take a sufficient quantity of liquid. Mr. Carey suffered more than his two associates, and so intense was his thirst, that he was obliged to write a note to Sir Peter Osborne, praying for an allowance of beer, on account of the very serious illness he had experienced during ten days. To this request the governor assented, and ordered him a pint of beer for each meal. After this time, Capt. Darell lent them a bed, mattress, sheets, and counterpanes. Ten days after their incarceration, Mr. De Havil land proposed that they should make an attempt to escape through the window of their apartment by aid of the cotton twisted into ropes, but on this scheme e 2 68 HISTORY OF GUERNSEY. they did not immediately resolve. However, they soon determined to make every effort, and incur every risk, to carry this design into effect, and regretted not having concealed ten or twelve bundles of the cotton, which had been left in the room for them to sleep upon, when they were first confined, in an old box full of flax. What they regretted, proved their preserva tion, for, had they done so, their plan would have been detected and frustrated, as, in about six days after they had determined to hazard the attempt, the flax was emptied and the box removed. Another circumstance shortly occurred, which damped their spirits and rendered every prospect of success hopeless. The porter put a strong grating before the window, through which the prisoners at first thought it impossible to pass ; but after having tried its dimensions, they found that their heads could pass through the bars, and this discovery strengthened their resolution. They commenced their operations by cutting through the floor with their knives ; at this, they worked about three hours daily, one of them keeping watch, while the two others laboured, and in four days they finished this part of the undertaking, and replaced the surface boards so exactly, that the keeper did not perceive any alteration when he brought their meals. On the same day, they made two small holes in the plastering, to ascertain if they had cut directly over that part of the lower room in which the cotton was deposited, and if it was within their reach ; the result was satisfactory. In half an hour afterwards, the porter and several soldiers opened the door of the lower apartment, which greatly alarmed the prisoners, lest the holes made in the plastering, some particles of which had fallen down, should be detected ; fortunately no alarm was excited. They next proceeded to draw up from the lower room fifteen bundles of the old cotton, part of which was sound, the remainder rotten ; this they effected HISTORY OF GUERNSEY. 69 by cutting off a slip of soft deal board, which was nailed to the head of a bedstead, and fixing to the end of it a tenter hook, which they found in the room. They concealed the cotton under their beds till after supper, when they commenced twisting it into ropes. The first they made of three coils, and about twenty fathoms long, to enable them to descend from the window to the base of the dungeon. The second was of two coils and ten fathoms long, and was to be used in dropping down the first wall ; the third, also of two coils, was to serve for their descent down the last wall. When these ropes were completed, they im plored the protection of Providence, and proposed to commence their hazardous experiment ; but the still ness of the night rendered the attempt imprudent, and the atmosphere was so clear, that the prisoners could distinctly see the sentinels in every direction : under such circumstances escape was impossible. The tide having now begun to rise, which, at low water, leaves the space between Castle Cornet and the main land quite dry, they were obliged to conceal their ropes under their beds and retire to sleep, not without great regret, they being apprehensive that some one might enter the lower room, and discover that the cotton had been abstracted ; but Providence willed it otherwise. On the following night, they entertained sanguine hopes of carrying their design into execution, but it was as clear as the preceding one, and therefore equally unfavourable. At length a very dark night encouraged them to make preparations for lowering their first rope, but they were again disappointed, for, on a sudden, the porter awoke the soldiers and doubled the guard, he expecting that Mr. De Saumarez and two captains of the king's ships, stationed at Pereche, would arrive that night at the castle. At the half moon, under the window of the prisoners, he placed some soldiers, close to whom they would have been obliged to pass. 70 HISTORY OF GUERNSEY. These arrangements destroyed all hope of escape. On the following morning the weather was remarka bly severe ; at about ten o'clock, the two king's ships approached the castle. Mr. De Saumarez, who em barked in one of their boats, arrived about noon at the fortress, where he was joyfully received and sainted by the loud acclamations of the troops, who hoped, by the aid of these vessels, to gain possession of the island. The prisoners themselves entertained the same opinion, on account of the great dissensions which prevailed among the inhabitants, of which they had full knowledge. Mr. De Beauvoir, however, proposed attempting to escape by the lower gate, but this plan was not immediately adopted, the difficulty appearing to them insurmountable ; nevertheless, after dinner, they determined to hazard the chance. They immediately took their ropes from under their beds, and fastened one to a pillar which was in the middle of the room ; they then passed an end through the aperture they had made in the floor, and slid down into the lower room, where they listened and heard the tramp of soldiers all around them. They were not, however, discouraged. Mr. De Havilland took up a bar of iron, and began to bend the cramp of the lock which secured the door ; this was done at the moment the bells of the town church had ceased ringing for evening prayers. Mr. De Beauvoir, going out to look over the wall to see if any person was on the platform of the tower, called Carey Tower, ob served their keeper, Nicholas Stinquer, approaching, his eyes fixed on the ground, which circumstance made them all retreat to their hole, and, having re mained there a quarter of an hour, they again sallied forth. Finding the road free, they ran to the first cannon fronting the west, when they fastened the rope ; Mr. De Beauvoir was the first to descend, and he perceived three persons beneath, who were on guard. This compelled them at once to detach their HISTORY OF GUERNSEY. 71 rope. Messrs. De Beauvoir and De Havilland now deemed it prudent to return to their room, but Mr. Carey prevented them, and induced them to go to the south side of Carey Tower, from whence they de scended the first and second wall, the guards who had been stationed in that quarter having fortunately quitted their post and retired to a drinking and smok ing room, adjoining the garden of the porter. Having cleared the second wall, they ran along the sea-side without any one . challenging them. When they had reached about the passage of the neck of the castle, John Chamberlain, who was at his post, saw them, and instantly gave the alarm, crying out, " Fire, fire, the prisoners are escaping." Immediately the cannon were discharged, some with heavy balls, others with grape shot, which fell around the fugitives, but provi dentially without striking them. At a slow pace, for the swampy and adhesive nature of the ground would not allow of their running swiftly, they reached the steps of the south pier, where, being recognised, the news of their deliverance was carried to the church, and the whole congregation rushed out to congratulate them on their miraculous escape. It is particularly remarkable, that the sentinels, posted both at the south-east and south point of the castle, had quitted their guard just before the prisoners lowered themselves down, and had gone to join the sentinels stationed at the west. Had not this oc curred, escape would have been impossible. More over, as they ran along the platform of the tower, they were seen by a young Norman, who remained silent, thinking that the fugitives were a cousin of his, and two others who were in confinement. Nor is it the least curious fact, that, when they were first seen on the castle beach, the guns missed fire six times, which allowed them time to reach the main land. It was fortunate they escaped when they did, for Captain Sippins, who also contrived to get away, 72 HISTORY OF GUERNSEY. declared that Mr. Amias Andros had told him, on oath, that in another half hour they would have been hanged, and that he himself had brought an order to that effect from the king. This statement was verified by other persons to whom Andros had made a similar avowal, and the king had not a more faithful adherent. Though the parliamentarians were the stronger party in Guernsey, the royalists were formidable, and plotted many secret conspiracies . Such indeed was the alarm, that Mr. Peter Carey, a gentleman of great zeal and talent, was instructed by the commissioners to address Lord Warwick on the subject and solicit reinforce ments. The dreaded mutiny was fortunately detected through the imprudence of one Richard Robin, who, when intoxicated, disclosed the designs of Sir Peter Osborne, and revealed the names of his principal par tizans. The ringleaders were seized and sent to England. Mr. Peter Carey was also empowered to visit Sark, and re-establish the general affairs of that island, both civil and military. While Guernsey thus held out for the parliament, and maintained the great principles of civil and reli gious liberty, the sister island of Jersey displayed an equal zeal for the king and advocated the slavish doctrine of divine right. Sir George Carteret fitted out about ten armed vessels, which cruized against ships carrying a parliamentary commission, and such was the activity and skill of these Jersey sailors, that even this insignificant force struck terror into all the mercantile marine. They greatly interrupted the channel trade, and the English merchants sustained so many losses, that few would hazard their property unless protected by convoys. But this was not the only injury which these cruizers inflicted on the parliamentary cause. They provisioned the garrison of Elizabeth Castle with stores from the captured vessels, and thus strengthened the means of protracted defence. HISTORY OF GUERNSEY. 73 The parliament, held on the 22d of June, 1643, had conferred on Lord Warwick the government of Jersey, as well as Guernsey ; and he nominated Leonard Liddcot, his lieutenant in the former island. That officer arrived in Jersey on the 29th of August, duly empowered to exercise the functions of his office. He had been informed that the great majority of the in habitants were secretly attached to the interests of parliament, and only required the presence of an authorized leader to abandon Sir George Carteret and his adherents. Under this erroneous impression he looked forward to a speedy termination of the contest, but he was disappointed ; the commissioners had soon cause to repent their infatuation, and Lidd cot his credulity. He found the castles so vigorously defended, and the feelings of the people so decidedly in favour of King Charles, that, after a residence in the island, of two months and twenty-three days, he and many of his party retired in disgust to England. His majesty then held his court at Oxford, from which city he issued a proclamation, dated the 18th of July, 1643, offering a free pardon to such of his Jersey subjects who were disaffected and who promised to return to their allegiance, with five exceptions. It may be fairly inferred that the vast majority of the Jerseymen were royalists, and, with the small limita tion mentioned, that few, even of those who opposed his claims, acted on any steady principle. This pro clamation produced the effect desired by the king, and from that period to the surrender of the island to Admiral Blake, the Jerseymen remained faithful to the Stuarts. On the 24th of October, 1643, Sir George Carteret took the oaths as lieutenant-governor and bailiff of Jersey, the Earl of St. Albans, who was governor, being in personal attendance on the queen. His installation into office was soon followed by the com plete extinction of the remnant of the parliamentarians. 74 HISTORY OF GUERNSEY. The inhabitants of St. Brelade's parish, who were warmly attached to the royal cause, attacked and captured from the opposite party the tower of St. Aubin, and compelled them to retire with precipitation. Sir George Carteret immediately enforced his autho rity, and though Liddcot and many of his adherents had escaped punishment by flight, yet those who remained felt the full weight of his vengeance. He imprisoned all who had been most active and conspi cuous in defence of the parliament, and as soon as the commissioners, appointed by Charles, arrived in the island,- he imposed on them very heavy fines, and the greatest part of the property of those who had quitted the island was confiscated and sold. About this time, Prince Charles had gone to the west of England, in order that his presence might animate the people of those counties, and induce them to join the royal troops. But the parliamentarians pressed hard upon him, and, being in imminent dan ger of being pent up in a nook at the Land's End, he was compelled to seek shelter by passing over to one of the Stilly islands. His stay there was short, and he removed to Jersey on the 17th of April, 1646, as the most secure retreat the desperate fortunes of his father had now left for his reception. The king had appointed a council to attend him, among whom the most credited and confided in, seems to have been the chancellor of the exchequer, Sir Edward Hyde, who composed a portion of his history of the rebellion during his residence in the island. The prince was welcomed with open arms,* and, soon after, he ad- * As many of our readers may feel pleasure in knowing: who were his attendants, we record their names. On his arrival he was accompanied by Sir Edward Hyde, lord chancel. lor of England, better known in history as Lord Clarendon, Lord Berkshire, his governor, Lords Hampden, Ruthven, Capel, and Wentworth. His retinue was shortly afterwards increased by Lords Digby and Colepepper, Sir John Grinfield, Sir Edward Sitwel, Sir David Morel, Sir Charles Morel, and Sir Henry Mannery. He was subsequently joined by Sir Thomas Hooper, Sir Dudley Waite, Sir John Sage, Sir William Baldwin, Sir Edward Hasker, Sir John Madam, the Solicitor Cook, Monsieur Louvel, Mr. William Hington, gentleman of his chamber, Mr. Smith, his cup bearer, Mr. Finch, his secretary, Mr. Palmer, his esquire carver, Mr. George Vane, Mr. Thomas Jermyn, Mr. Cadfin, Mr. Wisque, Mr. Windham, Mr. Freeman, Mr.Clufim, and Mr. Boulain, one of the prince's tradesmen. To them were added Doctors Crighton and Carle, his chaplains, and Doctors Woole, Clayde, Blayliam, and Wat son ; and a considerable number of military officers. HISTORY OF GUERNSEY. 75 dressed the following letter to Mr. Amias Andros, seigneur of Sausmarez, the original of which is now in the possession of the family : — " After our hearty commendations, we have received so many testimonies by Sir George Carteret and Sir Thomas Fanshaw, and otherways of your affection to the service of our royal father, and your sufferings for that affection in the island of Guernsey, and your good service in the castle there since the revolt of the island, that we cannot but let you know the princely sense we have of it, assuring you that we remember the same to your advantage. We desire that, for the present, you will not think of leaving that place, but assist Sir Baldwin Wake in the dis posing the officers and soldiers to such a cheerful performance of their duty, that we may have as much cause to thank them for their future service as we have for their past sufferings. And if, after all things are well settled there, you shall desire to come hither to us for some time, we shall willingly consent to it : in the mean time, we desire to receive advice from you, whether you conceive that, without any addition or attempt by force, a declaration from us of grace and favour to that island may have any influence on them towards the reducing them to their loyalty, and, if so, by what way the same shall be attempted. So not doubting of the continuance of your care and affections, we bid you hearty farewell. Given at our court, in the island of Jersey, the 4th of May, 1646. " Mr. Andros, De Sameres." " Charles P. The queen of England was then in France, and she sent a pressing invitation to the prince to repair to that country, where his person would be less in dan ger ; but this recommendation was opposed by his counsellors, who feared to trust the heir of the British crown among a people who had shown so much in difference to the fortunes of his father. The Lords Capel and Colepepper were, accordingly, despatched to France to excuse the attendance of the prince, and they assured the queen, that Jersey was well able to resist any attack from the parliament. These noble men suspected some sinister understanding to exist between Cromwell and Mazarin, and that, between the two, the prince would be sacrificed. He, how ever, went to France on the 26th of July, 1646. In reference to this, matter the historian Falle remarks ; " The good queen had suffered herself to be deluded by the arts of Cardinal Mazarin, who, about this time, began to intrigue with Cromwell. They wanted the prince in France to make their market of him, and drive the better bargain with England, according as conjectures should fall out and times might vary. No promises were spared on their part to decoy him 76 HISTORY OF GUERNSEY. over to them, not one of which they meant to keep, as the prince quickly found, when, vanquished by his mother's importunities, and, at last, by her most peremptory commands, he went and put himself into their hands. How little he was considered or assisted, nay, how much slighted and disregarded, it is too un pleasant to dwell on ; but it has often been my admi ration, that after he was restored to his kingdom, he would ever put any confidence in so false and so faithless a court." On this passage from the historian of Jersey, we must make one remark. Charles the Second never found the court of France " false and faithless." He was the mean and degraded prisoner of Louis the Fourteenth, who supplied him with mistresses and money. He abandoned the Dutch for an annuity, and stained the honour of England to indulge in his debaucheries. This low sensualist has been foolishly styled " the Merry Monarch," but the correspondence of Barillon, then French ambassador at the court of Saint James, proves him to have been a mercenary wretch, insensible to any noble feeling, the stipendiary dependant on the coffers of the king of France. His friend Rochester has given the best description of the character of Charles in the following brief sentence : — " Charles never said a foolish thing, and never did a wise one." We must now return to the affairs of Guernsey. Mention has been made of the appointment of Mr. Robert Russell, as lieutenant-governor. The spirit of the times is manifest in the act of the states, an nouncing his nomination and arrival. It was ordered that he should take their advice in all that related to the public weal, attend the synods, and submit to their decisions. This yoke being found too heavy, Russell endeavoured to shake it off : he thus created distrust, and, by injudiciously seizing upon the guns belonging to the parishes, betrayed his fears and HISTORY OF GUERNSEY. 77 weakness ; the malcontents, already numerous, daily increased, faction again reared her head, and at length, by a well conducted and successful insurrection, he was brought for a time under the most perfect control. A company of soldiers had been sent to Saint Saviour's to enforce obedience to an order against Mr. Leonard Blondel ; an affray, the natural consequence of military interference, ensued, and two of the parish ioners were killed. The people, already discontented, soon became violently exasperated ; they rose in arms, secured two pieces of cannon, attacked the lieutenant- governor, and compelled him to capitulate. Though flushed with success, they behaved with moderation, and, having buried their cannon in the pavement opposite his residence, at the top of Fountain-street, they quietly dispersed. These two guns were taken up some few years since, when the street was re- paved, and were then embedded in the front wall of a house adjoining, where they may still be seen. James Guille, esq., of St. George, centurion of the Catel parish, commanded the islanders on this occa sion, when the governor consented to be guided in future in all affairs of weight by the states and the court ; a promise which, when previously made, he had not fulfilled : he agreed to give up the Soldiers who had been concerned in the outrage at Saint Saviour's ; to indemnify Mr. Blondel for any loss of property he might have sustained ; and, generally, to maintain the laws, rights, and privileges of the inhabitants.* He also apologized for what had oc curred at Saint Saviour's, declaring that he had ordered the soldiers not to fire except in the event of their being attacked, and having ratified the terms of the capitulation, it was ordered that they should be registered on the public records. The chiefs of the royalist sedition having been seized and sent to Lord Warwick for punishment, as * Jeremie. 78 HISTORY OF GUERNSEY. already narrated, the parliamentary commissioners indulged the hope of having brought the island into a state of permanent tranquillity. But the period of repose was short, and the following information roused them to fresh exertions. On the 12th of September, 1645, Captain Francis Mangier, of the ship Hollandia, of Flushing, of four hundred tons, and carrying thirty soldiers, being driven out of his course by contrary winds, sought shelter in Guernsey roadstead. He declared on oath, before the lieutenant-governor, that, during his stay at St. Malo, Peter De Marley, commanding a Dutch ship in the service of King Charles, had informed him that John Osdounck, admiral of the royal fleet, and then in Falmouth, had sent a letter to him, Marley, who was a nephew of Osdounck, which he allowed the deponent Mangier to read. This letter ordered Marley, and the captains of all the royalist frigates, to repair to Falmouth. Mangier further deposed that, (he being curious to know the reason of this order) the said Marley told him, after much entreaty, that this naval armament was intended to reduce the island of Guernsey into submission to his majesty. Mangier then stated that, about three weeks agone, when at St. Malo, he had embarked two hundred seamen on board his vessel, and, accompanied by three of his majesty's frigates, was bound to sail to Bordeaux to take in more men ; that the time appointed for the execution of this design, if wind and weather permit ted, was the latter end of the present month, Sep tember, and that; in order to effect it, Osdounck was to cross the channel from Falmouth with twenty to thirty vessels. Mangier further declared that Marley had told him that Guernsey, when reduced, would afford a harbour secure in all weather for his majesty's fleet, and that, as it was midway between the parlia mentary trading ports and the coast of France, his majesty's ships could avail themselves of every favour- HISTORY OF GUERNSEY. 79 able opportunity to put to sea and capture rich prizes, with a certainty of a safe retreat in case of danger. The deponent also affirmed, that the Dutch vessel which conveyed the queen from England to France, and had since secured the ship Portugal, went lately from Falmouth laden with tin to Havre-de-Grace, there to take in ammunition and men, with the inten tion of landing them at Falmouth, and he expressed his belief that this vessel would form one of the fleet destined to attack Guernsey. This intelligence excited the greatest consternation among the parliamentary commissioners and the jurats, who, after having maturely deliberated on the state of affairs, determined to depute Mr. Peter Carey as their special ambassador to London, to represent the facts stated, and solicit assistance to repel the meditated attack. For this purpose he was provided with a passport by the lieutenant-governor, and he was instructed by the court to see Lord Warwick, and urge on him the importance of sending a squadron to the island. Mr. Carey arrived at Portsmouth on the 1 9th September, 1645, and immediately mounting on horseback, the usual mode of travelling in those days, he arrived in London on the following day, late in the evening. He attended the committee and pro duced his credentials, when Lord Warwick presented his letters and instructions. These were instantly read, and the committee resolved to nominate Lord Warwick governor of Guernsey for another year. They also engaged to give Mr. Carey letters to the vice-admiral, desiring him to furnish the vessels prayed for to the extent of his ability, and empowered him to receive two hundred muskets for the use of the island. In reference to this application parliament issued the following orders : — " Die Martis, 23d of September, 1645. — It is this day ordered by the lords in parliament assembled, that the committee of the admiralty do give present orders to the vice-admiral to send sufficient shipping to defend the island of Guernsey." " Die Jovis, 25th of September, 1645. — Resolved, by the house of peers, that 80 HISTORY OF GUERNSEY. the Earl of Warwick is hereby made governor of the islands of Guernsey and Jersey for one whole year, next after the date hereof, as formerly he has been. And the concurrence of the commons is desired thereon." The following is a copy of the letter addressed by parliament to the vice-admiral, at the request of Mr. Carey : — "Vice-admiral, — Upon some representations made to the committee of both kingdoms from Guernsey, and from their lordships, reported to the house of peers, the said house has, by an order of Tuesday last (a copy whereof we send you enclosed herein), directed this committee to give you present orders to send sufficient shipping to defend the said island, the necessity whereof will appear by the information itself, a copy whereof we have herewith sent you, and of the exe cution of which order we would have you be very careful. We have this day, by another letter, acquainted you with the danger of some of our merchant ships homeward hound, which may, for the present, weaken your abilities to supply these several services ; but we desire you to do for both what you are able." Mr. Peter Carey then procured the following letter from Lord Warwick to the vice-admiral, which he was ordered to deliver with his own hand : — "Vice-admiral, — The parliament have been pleased to command me again to undertake the government of Guernsey and Jersey, upon some information lately given them from the said island of Guernsey, of an intention to preserve the peace and safety thereof, which was communicated to yourself. The house of peers have given order that a convenient number of ships should be sent for the defence of the island, a copy of which order was sent to you from the committee of the admiralty, to which I shall only add my particular desire that, from time to time, as there shall be occasion, you will be careful of that island, the preservation of it in the parliament's power being of much importance. For this end you will spare as many vessels as you can conveniently, until the danger lately represented be over, for which end I also hope to obtain an order for land soldiers to be sent from hence. The gentleman, the bearer of my letter, Captain Peter Carey, goes down purposely, according to the desire of the lieutenant-governor lately imparted to you, to whom I pray you give as quick despatch as you can. Dated London, 29th of September, 1645." On the 1st of October, Mr. Carey finished his negotiations in London, and being most active and indefatigable in discharging the important trust con fided to him, he left the metropolis on the following day and proceeded to Gravesend by water. Landing there, he instantly started for Canterbury, where he slept that night. Early on the following morning he reached Dover Castle, where the vice-admiral was residing, to whom he presented his letters, and ac quainted him with all the particulars relative to the reported invasion of Guernsey. After a conference HISTORY OF GUERNSEY. 81 of two hours, the vice-admiral granted him seven vessels, which number Mr. Carey affirmed were in dispensable, and, immediately embarking on board the Nicodemus, he sailed for Portsmouth to procure a pilot, which port he reached on the 4th October. The naval armament set sail that evening, and arrived in Guernsey on the following day : it consisted of seven vessels, the Star, Capt. Constable ; Greyhound, Capt. Cottein ; Robert, Capt. Rue ; Lily, Capt. Lambert ; Welcome Pink, Capt. Green ; Dove Pink, Capt. Hazarl ; and the Nicodemus, Capt. Passe. With the exception of the Nicodemus, they all remained in Guernsey till the plan of the royalist marine was rendered abortive, and the danger had passed away ; but it is surprising that they did not attack Castle Cornet. Scarcely were the islanders freed from the imminent danger that threatened them from without, than two rival factions sprang up within. The one was sup ported by a majority of the jurats and other members of the states ; the other consisted of Peter De Beau voir, the bailiff, and Peter Carey, the sheriff, (after wards lieutenant-bailiff,) and the douzaine of St. Peter's Port. The first open attempt against the bailiff's authority was made in March, 1647, when Mr. De' Quetteville laid claim to that office by virtue of a commission which he held from King Charles the First, dated as far back as 1631, and disputed the legality of the appointment made by the Earl of War wick, in favour of De Beauvoir. This bold step can only be accounted for by the reliance placed upon the influence of Russell, the lieutenant-governor, or that of the royalists. The court, having previously named John Carey, as judge delegate, to preside during the differences between the two bailiffs, ordered De Beau voir to deliver up the seals of the island, and upon his refusal each party carried its complaints to England. De La Marche went to London, pretending to be a deputy sent by the states to obtain the remodelling of 82 HISTORY OF GUERNSEY. the existing parliamentary commission, so as to in clude a majority of his friends. Gosselin, then the friend of De Beauvoir and Carey, was also in the capital to watch the movements and circumvent the designs of his competitor, who attempted to prevail on parliament to order several Guernseymen to appear personally at Westminster, there to give evidence ; and, as few could have borne that expense, he hoped by this manoeuvre to suppress a portion of the testi mony that militated against his own views. The royal court, alarmed at these proceedings, promul gated a declaration to the effect, that the inhabitants were exempt from personal attendance out of the bailiwick, citing several orders in council passed in the reign of Elizabeth and her successors, to wit, of the 21st of June, 1565, the 9th of October, 1580, the 9th of June, 1605, and the 27th of June, 1627 ; and they then specially appointed Mr. Peter Carey, their attorney, to defend the rights and privileges of the island before parliament. This active gentleman soon arrived in London and presented a statement to the council, in which he enlarged on the important ser vices already rendered by the parliamentary commis sioners in Guernsey and the losses they had sustained, and concluded with praying that they be retained in office. Notwithstanding the critical state of the nation, and the vital importance of the affairs then under discussion in both houses of parliament, the deputies were, it would appear, heard often at great length, and with much attention. Gosselin, in a letter of the 20th of May, and others of a subsequent date, mentions several interviews with the speaker of the house of commons, and adds, that long debates had taken place on matters relating to the island. Carey was, to a certain extent, successful in the object of his mission. On the 3d November, 1 647, the lords and commons assembled in parliament passed the following resolu- HISTORY OF GUERNSEY. 83 tions for the regulating and well ordering the affairs of Guernsey, Alderney, and Sark : — " The lords and commons assembled in parliament, taking notice of the great sufferings of the well affected inhabitants of the town and island of Guernsey, and the adjacent isles of Alderney and Sark, for their adherence to the parliament, against the open and avowed enemies thereof, and likewise of their oppressions and grievances by reason of the malignant and disaffected persons in places of judicature, office, and authority there ; for remedy therein, do order and ordain, and it is ordered and ordained by the said lords and commons, that Edmund Ludlow, John Weaver, John Birch, and John Harrington, esqrs., members of the house of commons, or any two or more of them, shall be, and hereby are, consti tuted and appointed commissioners, and are authorized to hear and examine the complaints and grievances of the said inhabitants. And for the better performance thereof, they are to call to their assistance all, or any of the commissioners ap pointed in March, 1642, for the government of the said islands, or such other inhabitants there as they shall think fit. And likewise to call before them such persons as are, or shall be, complained of, and acquainting them with the charges preferred against them, to take their answers thereunto, and examine witnesses on either part on oath, which hereby they are authorized and required to administer, as well for proof of the several charges to be before them exhibited, as for the just defence of the parties accused (if the same be desired) ; and the examinations so taken with the whole charge, answer, and defence, and also the desires and griev ances of the said inhabitants, closed up, signed, and sealed under their hands and seals, to return with all convenient speed to the speakers of both houses of par liament, and otherwise to report the same, to the end that, upon hearing of the whole matter, and the desires of the inhabitants, such course may be taken as may tend to their peace and quiet government in times to come. " And, be it further ordained, that the said commissioners shall nominate and ap point a receiver of the public revenue of the government of the said island ; and they shall also represent to both houses what they think fit to be allowed to the governor of the said island for the time being, for and in respect of the execution of the said place ; and when both houses shall have resolved upon his pay, the said receiver shall pay the same unto him out of the said revenue ; and the said receiver shall pay the garrison of Sark, and of the castle of Guernsey, when reduced, and the charge of the soldiery belonging to the said islands, by such proportions and in such manner as the said commissioners shall limit and appoint. " And, whereas divers of the inhabitants of the said island have sustained great loss by Sir Peter Osborne's beating down their houses with shot from the castle, and have been at great charges in making fortifications against the said castle ; and, whereas the deputies of the said town of Guernsey have been at great charges in their several voyages and attendances upon the said service, and for the good of the said islands, it is hereby ordered and ordained, that the said commissioners may consider what shall be paid and satisfied unto the said persons for their losses, damages, and expenses, to the intent that the same may be presented unto both houses of parliament, and that such sums as both houses shall think fit, be paid unto them out of the surplus of the said public revenue, the residue whereof to be managed and disposed of, as both houses shall think fit. " And, it is further ordered, that the whole charge of executing this order shall be defrayed out of the said revenue by the receiver to be nominated as aforesaid, who is, from time to time, to be accountable for his receipts and disbursements to the commissioners, or such other persons as shall be, by both houses of parliament, on that behalf appointed. And the bailiffs, jurats, and other officers of the said islands, as likewise all captains of ships, and all other persons there residing, or repairing to the said islands, are hereby required and enjoined to be aiding and assisting the said commissioners, their officers and their agents. "And, it is lastly ordered, that the said commissioners and all other persons acting by power of, and in pursuance of, this order, shall be, for so doing, kept harmless and indemnified by power and authority of parliament." F 2 84 HISTORY OF GUERNSEY. As soon as the commissioners arrived and were duly installed in office, Mr. Henry De La Marche exhibited articles of complaint against Russell — some times styled colonel — on which occasion Mr. Peter Carey was called upon to declare whether the state ment of De La Marche was true or false. Mr. Carey, though opposed to De La Marche, disdained the con cealment of any fact within his knowledge, and he manfully exposed the derelictions of the lieutenant- governor. Mr. Carey stated that Russell had seized part of the property of individuals named by De La Marche, without consulting the parliamentary com missioners ; that he had received the whole revenue of the island, and applied but very little of it to the public service ; that he had levied taxes on the inha bitants contrary to law, which had caused the in surrection of the year 1642, and induced some to favour the views of Sir Peter Osborne ; that he had seized prizes brought into the island, and disposed of them according to his pleasure ; that the soldiers on guard at his residence were paid by the inhabitants ; that he had refused to pay for services he had agreed upon, in consequence of which those appointed to watch the castle had neglected their duty ; that he had refused his passport to those who wished to pro ceed to London, and there lodge their complaints ; that he had only made one attempt on the castle, and that most unsuccessfully. These serious charges being fully substantiated, Russell was removed,* and the power of his successor was controlled by the constant presence of two par liamentary commissioners. But intestine discord and party feuds continued to prevail, and the commanding influence of De Beauvoir and Carey appears to have excited the hostility of De La Marche, Gosselin, and Dobree, so that a long series of bitter disputes, recri minations, and impeachments arose between them and * He returned again about twelve months afterwards, but staid only a very short time. HISTORY OF GUERNSEY. 85 other individuals, being almost a miniature representa tion of the hatred that arrayed the roundheads against the cavaliers in the mother country. Carey was first impeached, and at the head of the complainants was Henry De La Marche, but he triumphantly proved his innocence, and vindicated his character to the satisfaction of the new lieutenant-governor, Colonel Alban Coxe, and the celebrated Bradshaw, who was chief judge on the trial of Charles the First.* This attack on Mr. Carey having failed, the rival party changed its tactics, and Mr. Joshua Gosselin, a jurat, just mentioned, proposed seventeen articles of impeachment against Mr. De Beauvoir, who was Mr. Carey's bosom friend, both having been fellow prison ers in Castle Cornet, as already mentioned, and each being in turn the object of popular invective. The charges were, however, much more serious than those alleged against Carey, and they were carried before the council of state. De Beauvoir was accused of causing several persons to be imprisoned for refusing to pay a tax of £660 sterling, illegally levied ; of adjudging debts to be paid by some of the inhabitants to the governor, (Russell), and of sequestrating their estates, which the governor applied to his own use ; of counselling the said Russell to seize divers of the inhabitants, and compelling them to ransom their estates by sums of money which were delivered up to the governor ;f of causing the dismissal of Mr. De Quetteville, bailiff, that he might succeed to that office ; of not administering justice impartially ; of abusing parliament in petitioning for the office of bai liff, and not mentioning that he was suspended, and that the former bailiff, then living, claimed the office ; * The articles of impeachment, the defence, and the various correspondence of Mr. Peter Carey, were printed, by the author of this work, in the Guernsey and Jersey Magazine for 1837, to which the reader is referred. Mr. Carey left behind him an interesting, but uncon nected account in MS. of the proceedings in Guernsey during the civil war, a copy of which we have consulted, but some allowance should perhaps be made for his recital of the part he took in the transactions of this eventful period, especially as that account was apparently written for his justification and that of his party. t Including Peter Priaulx, esq., "seigneur du Fief le Comte," a royalist. 86 HISTORY OF GUERNSEY. and of compelling " the poor people of the isle to lose " their time in law-suits, by making unusual speeches, "uttered to please his own vanity, and not for the " despatch of business, or the good of the people, who " often lost whole days on matters which ought to be " terminated on the first hearing." In reply to this impeachment, De Beauvoir sent a detailed justification to the council of state, answering each charge separately. He observed that the articles were signed by Mr. Gosselin only, and that, with re spect to the delay in law-suits, he despatched as many as three hundred cases in one day, which, he quaintly added, was as much as could well be done ! In an swer to a charge of being a railer, and public calum niator in open court, abusing every court day some one of the people, magistrates and parochial officers, and tolerating the same conduct in his relations and friends, he stated, ' ' that knowing drunkenness to be the " capital sin of Guernsey, whenever he had occasion to " address the people, he represented to them what a " foul and beastly thing it was to see the officers of "justice drunk." Whether he alluded to the jurats, or to the court or parochial officers, does not appear, but, although such an accusation is very discreditable, great allowance must be made for the assertions of a judge standing on his defence, especially as his replies, in some cases, partake more of recrimination than of refutation, and as he seems to us to have been a man of an imperious and intriguing character. Among the reasons given by De Beauvoir, why his accuser (Gosselin,) had rendered himself unworthy of holding any magisterial office, was this, " Because he " is an avowed enemy of the government of England, " having declared that he wished to see a king on the " throne." This charge, which might have been of essential service to Gosselin some years afterwards, he then resented as an atrocious calumny, and quoted instances of his inviolable fidelity to the common- HISTORY OF GUERNSEY. 87 wealth. How he managed at the restoration to acquit himself of this short-sighted line of defence does not appear, but he doubtless easily changed sides, and then became as staunch a royalist as he had before endeavoured to prove himself a zealous republican. Whether in consequence of another complaint to the commissioners, or from the late impeachment, Mr. De Beauvoir was deprived of his appointment as bai liff, and the jurat Bonamy was named* judge delegate. But this arrangement was of short duration, for, in 1653, the twelve jurats were directed to fulfil the duties of bailiff in rotation, and by the same order four or five of the jurats were discharged under the alleged pretext of age and infirmity, although one of them had been scarcely five years in office. In Fe bruary, 1655, however, Peter De Beauvoir* was re-established a third time as bailiff, and so continued till the restoration. About the period of these impeachments, another singular proceeding took place, which arose from a complaint made by Mr. Bonamy against the jurat Le Marchant. A petition being presented by him to par liament, in which he stated that he had been insulted in the discharge of his duty by the defendant, and that he could attribute this conduct to no other cause than his own zeal in favour of the commonwealth, his case was referred to the states, with an order to insti tute an instant inquiry into its truth. They therefore met, and determined that the matter should be inves tigated by the whole body ;' but the court-house being too small to accommodate so large an assembly, they removed to the town church, where they continued, until Le Marchant, finding that he could no longer evade their decision, fled from the island.f * The name of this ancientfamily, second to none in wealth and station, became extinct in Guernsey, in 1810, on the death of Osmond De Beauvoir, esq., when his large property was inherited by distant relatives. Another member of this family, whose ancestor appears to have settled in Kent, in the seventeenth century, died in England about eighteen years since, leaving property worth upwards of half a million sterling, and being without a single heir male of his own name, this immense property went to a very distant relative or friend, who took the name of De Beauvoir, and who has lately been created a baronet. t Jeremie. 88 HISTORY OF GUERNSEY. It is an extraordinary circumstance, which proves in some measure the strength of the friends of the old government, that although the bishops were, in Eng- and, deprived of their right of sitting in the house of peers ; although the episcopal form of church govern ment was abolished, and the clergy prevented from interfering in lay assemblies, they still continued members of the states of this island. An attempt was indeed made to remove them, but it proved abortive.* Before concluding our narration of the local events of this unhappy reign, it is necessary to add, that between the years 1598 and 1634, no less than nine women and two men were burnt for sorcery ,f so that witchcraft, of which Heylin makes such singular mention, appears to have been a very dangerous vocation, but every remnant of that gross and cruel superstition, which of olden time immolated so many innocent victims, has now nearly, if not entirely, dis appeared from the island. While on this subject, we must not omit the following translation of an extract from the " Remarques et Animadversions, sur VAppro- " bation des Lois et Coustumier de Normandie usite'es es ' ' Jurisdictions de Guerneze, et particulierement en la " Cour Roy ale de la dilte isle," by the Rev. Thomas Le Marchant, minister of the Established Presbyterian Church of Guernsey, who, about the year 1650, was deprived of the livings of the Vale and St. Sampson's, because, from conscientious motives, he refused to sign the act of uniformity. His treatise was printed and published in 1826, by order, and at the expense, of the Royal Court. " It is this power," observes Mr. Le Marchant, " of determining criminal cases finally, and without the right of appeal, which has led former bailiffs and jurats, most of them illiterate men, to take the liberty, without any law or precedent to that effect, of inventing a new species of .inquisition, which has since been esta blished into a custom, against poor simple persons whom the credulity and superstition of the ignorant regarded as sorcerers, and instituting against them proceedings as strange as they were rigorous ; and often attributing the effects of * MSS. Peter Carey. t Berry's History of Guernsey, p. 300. HISTORY OF GUERNSEY. 89 nature, whose causes they were incapable of fathoming, to witchcraft or satanic agency, they have condemned them by dozens to be hanged and burnt. And for as much as these poor creatures persisted in maintaining their innocence, they have, fi-om a dread lest the people should believe their words, and entertain a sinister opinion of their judges, invented a species of cruelty which not even barbarians practice, which is, that after sentence of death has been pronounced on these pretended sorcerers, the said judges, in order to justify their own proceed ings, and to compel these poor wretches to confess their guilt, have immediately, before the execution of the sentence, caused them to be put to the torture in a manner so cruel, that to some they have torn off limbs, and to others they have lighted fires on their living bodies ; and this, in cases where, had an appeal been allowed to the king and his council, the honourable, intelligent, shrewd, and ex perienced individuals composing that council, would have immediately detected the craftiness of the accusers and the insufficiency of the evidence, censured the superstitious and inconsiderate zeal of the judges and crown officers, maintained the innocence of the unfortunate accused, and vindicated the honour and reputa tion of the inhabitants from the aspersions cast upon them by proceedings which would make it appear that the island swarmed with sorcerers." — Livre 1, Re marque 14. We must also append the following curious account of the form of homage done in person by one of the seigneurs of the island to the king, as extracted from the journal of Sir John Finett, when he was master of the royal ceremonies : — " One Monsieur De Sammares (father to Amias Andros, marshall of the cere monies,) dying in Garnezey, where he had beene, by ancient descent, one of the seingneurs (as they are there styled) of that island. His sonne was to doe his homage for his teneure there, to the king, as Duke of Normandy, and by the pro curement of the earle marshall and lord chamberlaine Earle of Pembroke, obtained the discharging of that duty to his majesty in person, which had beene done by his father before him to the governor in the island, though of ancient times wont to be done by his ancestors to the king himselfe (as it was now heere in England). " The manner of it being thus — " His majesty, the 6th of June, 1637, (being a sermon day,) as he passed to chappell, tooke his seat in his chayre under the state in the presence chamber, the sword borne before him by the Earle of Northumberland, and the great lords and officers of state attending ; when the gentleman mentioned, (wayting at the presence doore,) was fetched thence, by and between the Earle of Arundell, earle marshall of England, and the Earle of Pembroke and Montgomery, lord chamberlaine of his majesties household, through a guard of the band of gentlemen pentioners ; and after three reverences, laying downe his sword and cloake, all in forme (as had beene before prescribed by garter king of arms, Sir John Burrowes), he kneeled downe at the foot of his majesty, and with hands closed betweene his majesties hands, pronounced these words in French : — " ' Sire, — Je demeure vostre homme a vous porter foy et hommage contre tous.' " To which the king read this answer, sett downe also in French : — " ' Nous vous acceptons, advouant tous vos legitimes droits et possessions, rele vant en cette teneure de nous ; sauf pareillement a. nous nos droits et regalitez.' " This said, the seigneur De Sammares (by which name he was thenceforth to be called), quitting his ordinary appellation of Andros, receiving the honor of a kisse from his majesty, rose up, and, with most humble reverence reassuming his cloake and sword, departed." The execution of the unfortunate Charles, at White hall, on the 30th January, 1649, by the republicans, 90 HISTORY OF GUERNSEY. was a disastrous error, as the king, by rendering his government incompatible with freedom, had only for feited his throne, but not his life. One of the earliest acts of the council of state was the removal of the Earl of Warwick, whose name we have so often men tioned, from the post of high admiral, and the ap pointment of Blake, Dean, and Popham to command the fleet.* No serious impression had as yet been made upon Castle Cornet, which was the more singu lar, as this fortress, built on a small rocky islet, is less than half a mile from the main land, the heights of which completely command it, so that its resolute and protracted defence can only be ascribed, either to the total want of heavy battering cannon, or to the lukewarmness of the lieutenant-governor, Russell. The civil dissensions of Guernsey weakened the in fluence of the parliamentarians, and they were fearful of not being able to resist an attack from Jersey while the native population was so much divided against each other. Under these circumstances, the local authorities addressed a letter to the celebrated Lord Fairfax, general of all the forces of the English parliament, in which they thank him for his zeal in protecting the island, which they request him to con tinue, and provide for the payment of the soldiers, the inhabitants being too poor to sustain that burden. But the fortunes of Charles the Second being effec tually overthrown at the battle of Worcester, on the 3d of September, 1651, a fleet, under the celebrated Blake, was soon after despatched to reduce both Jersey and Castle Cornet. The latter capitulated on the 15th of December, 1651, the same day that Elizabeth Castle in Jersey was evacuated, when the following articles of surrender were concluded be tween Major John Hamilton and Mr. Edmund May, commissioners chosen and empowered by and on behalf of Colonel Roger Burgess, who had succeeded * Continuation of Sir J. Mackintosh's History of England. HISTORY OF GUERNSEY. 91 the gallant Sir Peter Osborne, on his majesty's part, and Lieutenant-Colonel Barrett Lacy, and Mr. John Trottle, commissioners employed and empowered by Colonel John Bingham, lieutenant-governor of the island of Guernsey, on the part of parliament : — " 1. It is mutually agreed on, that Castle Cornet, with all the fortifications thereunto appertaining, together with all the guns, arms, ammunition, and other provisions of war, with all goods, whether military or otherwise, now in the said castle, (except such as are hereinafter excepted) shall at, or upon ten of the clock in the forenoon, on Friday, the 19th of December, be delivered into the possession of Colonel John Bingham, or those whom he may appoint, without any spoil or embezzlement whatsoever ; and that, on the mutual signature of these articles, no further act of hostility shall be attempted by either party ; but, in the interim, the officers and soldiers of each party shall keep their respective guards and quarters, without special leave granted by both parties. " 2. That Colonel Roger Burgess, governor of the said castle, with all the offi cers and soldiers appertaining to the said garrison, shall have liberty to march forth with their arms, and all their wearing apparel, of whatsoever kind, drums beating, ensigns displayed, bullet in mouth, and match lighted at both ends, into the island of Guernsey, there to lay down all their arms, except their swords, and those they shall be permitted to wear, enjoy, and take away ; and the said governor, and the commissioners to this treaty, shall each be allowed one case of pistols. " 3. The said Colonel Burgess, together with all his officers and soldiers, shall be provided and accommodated with necessary and convenient provisions, accord ing to their respective qualities, for the full space of twenty days next ensuing the date hereof, whether on shore, in the said island, or on shipboard, by Colonel John Bingham, free and without any disbursement, either by the said Colonel Burgess or any of his officers or soldiers. " 4. That the said Colonel Burgess, and as many of his officers and soldiers as are desirous to repair to England, shall, without any delay, with their abovemen- tioned arms, monies, and other necessaries, be embarked in convenient shipping, with safe convoys, to such part or port of England, as wind and weather may permit. And such as are desirous to repair to Jersey, or France, shall be trans ported thither with all convenient speed ; and that from the day of their arrival in England, or Jersey, for the full space of three months, no oath or engagement shall.be imposed on the said Colonel Burgess, or any of his officers or soldiers ; and if all, or any of them, shall desire to sell their estates, it shall be lawful for them, within three months, to effect the same with free leave, and effectual pass ports for their withdrawal with then- goods and families out of any of the parlia ment's quarters. "5. That an act of indemnity be procured with all convenient speed from the parliament of England by Colonel John Bingham for Colonel Roger Burgess, and for all his officers and soldiers appertaining to the said castle, as unquestionable for all and every acts or act by him or them, or by his or their command, at any time committed by land or sea against the commonwealth of England, from the year of our Lord, 1640, to the present date hereof; and that all and singular, the said officers and soldiers, shall have free liberty to travel about their business with the abovementioned arms, respective horses, servants, or other necessaries, where their occasions may serve in any of the parliament's quarters, they acting nothing pre judicial to the commonwealth of England. " 6. That all and every person aforesaid shall have free liberty to repair to their several counties and estates in England, Ireland, Wales, or any other of the parlia- . ment's quarters, and there quietly abide (if they so please) without any restraint; and all sequestrations against any of their estates, shall forthwith be declared void, without any composition whatever. , " 7. That the said Colonel Roger Burgess shall, at any time within six months 92 HISTORY OF GUERNSEY. next ensuing the date hereof, with his horses, swords, pistols, and servants, not exceeding six in number, together with all other, his or their necessaries have free leave and let-pass to repair to his majesty to give an account of his surrender, and also to return to England and Wales, to dispose of his estates, as he shall please, he giving security , neither to do, or advise, any act prejudicial to the commonwealth of England. " 8. That Colonel John Bingham, shall well and truly pay, or cause to be paid, to Colonel Roger Burgess, or his assigns, the just and entire sum of one thousand five hundred pounds current English money, on Thursday, the 18th of this De cember, at or in the house of Mrs. Carey, widow, (that being the appointed place of meeting), and that in consideration of the great civility showed by the said Colonel Burgess and his garrison to Major Harrison's resolute and gallant party, that became prisoners in the assault thereof. " 9. That Capt. Francis Poure, and Mr. Edward May, shall be given as hostages by Colonel Roger Burgess to Colonel John Bingham, on payment of the before- mentioned sum for performance of these articles on his part ; and on the reddition of the said castle, the said hostages to be disengaged, notwithstanding any pretence to the contrary. " 10. That two of Colonel Bingham's officers, Captain Charles Waterhouse and Ensign Thomas Cromwell, shall, with safe conduct under the hand and seal of Col. Burgess, repair to Castle Cornet, (after notice given to Colonel Burgess from his hostages, that the money agreed on is by them received,) there to take an inventory of the provisions and utensils. "11. That Major John Burgess, Captain Henry Geach, Mr. Thomas Byng, Mr. Richard Johnson, John Plunkett, and John Yackesley, properly belonging to the said castle, and now absent, shall equally enjoy the benefit of the said articles, as if present. And in case any of them are, or shall be taken prisoners by any of the parliamentary forces (before the surrender), they shall forthwith be discharged and indemnified. And under these articles, Captain Faen Hache, and Mr. Wil liam Due, are comprehended. " 12. That all sick persons appertaining to the said castle, shall be permitted to remain in the island of Guernsey until they shall recover strength to depart with out any reproach or abuse, and have let-passes, when recovered, to repair to their respective homes. " 13. That all such moveable goods and household stuff, now in the said castle, properly appertaining to Captain Nathaniel Darell, shall be delivered to him, or to those whom he may appoint to receive the same, on his or their demand ; and that two beds, brought into the castle by Captain John Clarke's order, shall be de livered unto him, or to those whom he shall appoint, on his, or their demand. " 14. That if any officers or soldiers comprehended in these articles shall, in any particular, break or violate the same, it shall extend only to the particular person or persons so offending, and not be imputed or charged to any other of his party." These terms, it will be seen, were highly favourable to the besieged, who had, indeed, well merited the consideration of their enemies. Although the art of attacking fortified places was then in its infancy, yet the defence of Castle Cornet for nearly ten years appears now almost incredible. It is true that it had never been vigorously pressed, but when we reflect that this isolated and diminutive fortress stands on a barren rock, to which there is access on foot at low water of a spring tide, and that it is almost within HISTORY OF GUERNSEY. 93 hail of St. Peter's Port, we cannot but admire the inviolable constancy and resolution of Sir Peter Osborne and his companions in this solitary place of exile, shut out as it were from the world, having little or no intercourse with their friends and relatives, and subject to numerous other trials and privations. That the castle was occasionally attacked, appears by the eighth article, which stipulated that Col. Burgess should be paid £1,500 current English money, " in ' ' consideration of the great civility showed by the "said Colonel Burgess and his garrison to Major "Harrison's resolute and gallant party, that became "prisoners in the assault thereof." The ensign, Thomas Cromwell, mentioned in the tenth article, was probably a relative of the protector. Castle Cornet had the honour of being the last spot in the Channel Islands which was surrendered to the parliamentarians, and this on conditions which were evidently dictated by the royalist commander. Dicey,* whose descrip tions are, however, sometimes exaggerated and mar vellous, says — 1 ' Castle Cornet, it must be observed, is an invincible place, situated upon an inaccessible rock, having little or no avenues to it. In the time of the grand rebellion, it held out a tedious long siege, yet was never taken, although assaulted with the utmost vigour, two several times, by Oliver's forces, when the soldiers in it were most of them sick with the scurvy : but after all attempts to have taken it proved ineffectual, and in which great numbers were slain, the gallant cavaliers, who defended this impregnable fortress, withstood the enemy with the bravest intrepidity, and underwent many hardships, until their provisions were wholly spent ; when they were forced to surrender upon honourable terms ; not before they had obtained the sum of £1,500 sterling, to secure themselves, when marched out, from farther distress, by Cromwell's party." The island was thus relieved from the calamities to which it had been exposed since the commencement of the civil war. The occupation of Castle Cornet by the royalists had kept St. Peter's Port in a constant state of siege, while the Jersey privateers destroyed the external trade of the islanders. Yet, not only were they obliged to perform a grievous military duty in defence of Guernsey itself, but to reduce and gar- * Historical Account of Guernsey, by Thomas Dicey, gent., London, 1751. 94 HISTORY OF GUERNSEY. rison Sark at their own charge. The marks made by shot from the guns at the castle on. the walls of the town church were still visible during the last cen tury,* and so unerringly were these guns sometimes directed, that a gentleman, who was seen walking in front of the court-house at the Plaiderie, was killed with a cannon ball ; but his fate was the more cruel, as he proved to be a zealous royalist.f The townspeople were therefore forced to remove into the country, which, from the existing troubles and the devastations of an unpaid and licentious soldiery, was nearly un cultivated. In short, the poverty of all classes had become so great, that the states, by a unanimous decision, were under the necessity of enacting, that no debts of any kind should be sued for, except arrears of house and ground rents, and this for a whole year. | The affairs of the sister island now claim our at tention. During the war, Sir George Carteret had supplied Castle Cornet with provisions and ammuni tion from Jersey, but for some time previous to its reduction he had confined himself to strengthening that island and inflaming the zeal of the royalists. When news reached him of the execution of Charles the First, he convened the states of Jersey, on the 27th of February, 1649, and there proclaimed Charles the Second as the only true and lawful sovereign. We have already mentioned that Blake was employed to reduce Jersey as well as Castle Cornet, and he arrived in sight of that island with a fleet of eighty sail and a formidable body of troops, under the orders of Major-General Haines, on the 20th of October, 1651, casting anchor in St. Ouen's Bay. It is remarked by Falle, as something miraculous, that a profound calm lasted during the whole time that the ships were * Some years since, while workmen were employed in removing an old hedge on the estate of John E. Tupper, esq., at the CUils, nearly thirty cannon balls, one of 24 or 32 fts., were dug out of the earth, into which they had evidently penetrated when fired from the castle, and some are occasionally discovered there to this day. t Mr. Le Marchant's MS. account of Guernsey. t Jeremie. HISTORY OF GUERNSEY. 95 hovering round the island, though, during half the year, the sea rolls so heavily into the bay, that no ship can ride there with any safety. On the night of the 22d October, a landing was effected, and though vigorously resisted, the numbers of the invading party overpowered the islanders, and General Haines, on the following day, was in possession of the open country, though the forts and castles refused to obey his summons of surrender. Resistance, however, was brief. The first example of submission was given by St. Aubin's fort : this was followed by that of Mont Orgueil Castle, on the 27th of October. The terms were honourable to the besieged. Elizabeth Castle, where Sir George Carteret com manded in person, was defended with more resolute determination. The garrison consisted of three hun dred and forty men, and was supplied with provisions for eight months. During the siege, Sir George re ceived intelligence that his majesty had safely arrived in France, on which he despatched Mr. Poingdestre to congratulate him on his escape, and also to ascer tain if he could prevail on the French government to send any succour for the relief of Jersey. King Charles returned an answer by his chaplain, Mr. Durell, a native of Jersey, and afterwards dean of Windsor. It was to the following effect ; — that all his solicitations at the court of France were fruitless ; that Cardinal Mazarin, who directed its councils, dared not incur the resentment of the protector ; and, under these circumstances, he desired Sir George to act according to his own discretion, advising him to accept honourable terms of capitulation rather than obstinately protract a defence which, in the end, must prove unavailing. Whitelocke declares that Cromwell was very appre hensive lest Charles, urged by his necessities, might pledge Jersey to France for advances of money, or even sell it outright. Rumours to that effect had 96 HISTORY OF GUERNSEY. reached Westminster, but the king, with a wisdom and patriotism he never exhibited on any other occa sion, refused to listen to any such overture. Claren don remarks on this subject, " the king was so strict and punctual in his care of the interest of England, when he seemed to be abandoned by it, that he chose rather to suffer those places of great importance to fall into Cromwell's power, than deposit them on any conditions in French hands, which he knew would never restore them to the just owner, what obligation soever they entered into." Charles felt assured that France could never wrest Jersey from the skilful and fortunate protector, and looking forward to his own restoration, he wisely left it in his temporary keeping. Sir George Carteret concealed the message of his majesty from his followers, having a laudable desire to be the last royalist officer who submitted to Cromwell. General Haines, not being able to bring his artillery nearer to Elizabeth Castle than a distance of three quarters of a mile, could not produce any efficient damage to the works, so that the siege seemed likely to be protracted till the garrison was starved out by famine ; but at length some shells, thrown from a mortar, broke through two vaults, and exploded the powder magazine, killing forty soldiers, besides some armourers and carpenters, Mr. Falle says that these shells were thirty inches in diameter, but the Reverend Mr. Durell, the last annotator on Falle, reduces the dimensions to thirteen inches, and about two inches thick, and he states that fragments of them are still retained in the armoury of the castle. The siege of Elizabeth Castle, according to a tradition mentioned by Mr. Durell, lasted six weeks and two days, nor indeed can it have lasted much longer, as the enemy landed on the 22d October, 1651, and took possession of that fortress on the 1 5th December following ; therefore, the siege may be said to have lasted seven weeks. The following were the terms of the capitu- HISTORY OF GUERNSEY. 97 lation, which were highly favourable to, the besieged, and the acceptance of them by Cromwell shows that he considered the Jerseymen most formidable enemies, for we cannot attribute his lenity to favour or affec tion towards such implacable foes : — " 1. — That Sir George Carteret shall receive a full indemnity for all he has done during the troubles up to this day ; that he shall peaceably enjoy all his goods, chattels, houses, leases, and grants, lawfully to him belonging at the coming of the parliamentary forces into the island -, that he shall be at liberty to dispose of the said property according to his will, without compounding for it, and to live or die in the countries subject to the parliament, without being obliged to take an oath or covenant, provided always that he undertake nothing against the parliament ; that the said Sir George Carteret shall be allowed to go to and from France, without any hindrance ; that he shall have and hold for ever the lordship of Meleches, and that, in virtue of a grant made thereof in the eighteenth year of the reign of the late king, to reward him for his good services against the Turks, with other lands, rents, and services, without compositions, from which he is relieved and excepted by this and all the succeeding articles ; and that one of the vessels now moored near the said castle shall be, with all its appurtenances, at his disposal for his own passage. " 2. — That all persons who are within the said castle shall retain all their pos sessions situate within the parliamentary quarters, such as they are at present ; that they shall be indemnified for all they have done during the present war up to this day ; that a term of nine months shall be granted them to settle for their com position, which is not to exceed two years of their income according to the rate established by parliament for that purpose, and is to be raised in this island by those whom parliament may appoint for the islanders, and in England for English men and others ; that an oath shall be tendered to them that they will undertake nothing against the parliament under pain of confiscation of their property, and for those who have none, under the penalty of a reasonable sum, for which they shall give security, in case they should remain any longer within the states of the parliament ; that no civil actions for debts or other matters shall be brought against them before the expiration of the nine months provided by this article, and that it shall be left to the parliament's good pleasure to allow the seigneur of St. Ouen to compound for the isle of Sark. " 3. — That no rent hitherto paid by virtue of the patent then in force, shall be sued for or demanded, and that nobody shall be molested for having paid or received any. " 4. — That all persons who may wish to go abroad, shall enjoy their property as if they were present on the spot ; that they shall be allowed to sell it to the best advantage they can, and have passports given to them when they may require them to remove themselves, their money, or other goods, whither they may think proper, after having paid the aforesaid composition. ' ' That Mrs. Le Montais and Mrs. Seale, and their children, shall have passports to go to and fro, and shall possess the whole of their estates without any com position. '•6. That John Le Brun, belonging to Sir George Carteret's establishment, shall enjoy without composition his property, which amounts but to eight jacobuses of yearly rent. 60 0 0 livres tournois, at J The corn rent, measure of the island, was valued at 48 quarters, each 1 04 0 0 quarter being worth, one year with another, ten sols tournois J Commuted money rent 11 0 0 Thirty capons, valued at fifteen deniers each 1 17 6 Nineteen hundred eggs, valued at twenty deniers per hundred Ill 8 A windmill, valued at 17 10 0 The privilege of hunting rabbits, valued at 2 0 0 The produce of fish, valued at ,. 3 0 0 Total of the revenues of the church of St. Michael of the Vale . . . Liv. 120 19 2 This, in sterling money, is equal to .£24 3s. Id. 320 ECCLESIASTICAL HISTORY. St. MARY DE CASTRO. In the parish of St. Mary of the Castle, the said prior takes all the! !"¦ *• • tithe, and one half of the burial fees and champarts assessed on V- 120 0 0 the fourth of the parish, their united value being J - Corn rent, sixty quarters, valued, one year with another, at o4 0 0 Thirty capons, valued at 37 sols 6 deniers } }l a Two hundred eggs, valued at 33 sols 4 deniers on n n Two water mills, valued at 30 0 0 The produce of fish, valued at 40 sols 200 Total revenue of St. Mary de Castro, in sterling, £37 18s. 2d., or Liv. 189 10 10 St. SAVIOUR. In the parish of St. Saviour, the said prior receives all the tithe, and"! m' *' one-half of the burial fees, and champart on one-fourth part of I gQ q q the said parish, the aggregate value of which, one year with f another, amounts to J Forty-three quarters of corn rent, valued at 21 10 0 Twenty-five capons, valued at 1 If 3 One thousand two hundred eggs, valued at 1 0 0 A water mill, valued at 10 0 0 « The produce of fish ponds 5 0 0 Total revenue of St. Saviour, in sterling, £23 16s. 3d., or Liv. 119 1 3 St. PETER-IN-THE-WOOD. In the parish of St. Peter-in-the-Wood, the said prior receives two "1 L'"' "' " parts of the tithes and champarts assessed on the tenth part of the > 50 0 0 inhabitants, which, one year with the other, are valued at J Twenty-five quarters of corn rent, valued at 12 10 0 Twenty-five capons, valued at Ill 3 Seven hundred eggs, valued at 0 11 8 Produce of fish ponds, valued at 1 10 0 Total revenue of St. Peter-in-the-Wood, in sterhng, if 13 4s. 7d., or Liv. 66 2 11 In cases of shipwreck on certain parts of the coast, the prior was entitled to a portion of whatever was saved, in the nature of salvage, but the sum is not specified, and seems to have varied according to cir cumstances. His residence was valued at ten livres tournois, so that the gross total of his income was 505 livres 14s. 2d., subject to the following deductions: Liv. s. d. He paid the prior of Lihou, annually 15 0 0 Three annual dinners to the bailiff and chief officers of the court of 1 R n n SaintMichael J"D " " Annual pension of the senechal of the prior's court 10 0 0 To eleven vavassors, six sheriffs, and three bordiers. 12 0 0 Hospitality and alms to all strangers, three times per week 40 0 0 Repairs of mills and sluices 25 0 0 Two annual dinners to eighty men of the island 12 0 0 Liv. 120 0 0 ECCLESIASTICAL HISTORY. 321 The balance sheet of the prior's revenue, therefore, stood thus : — Liv. s. d. Gross annual receipts , 505 14 2 Annual expenditure 120 0 0 Balance of net income Liv. 385 14 2 As the office of ducal chaplain in Guernsey was likely to be a perfect sinecure, Duke William* must have had some other motive for dividing, in equal proportions, his grant of one half of the island, on the west side, between the abbot and his esquire, Sampson D'Anneville, and their successors, when he rewarded the latter for his defeat of the pirates in the year 1061, as related in pages 5 and 6. Doubtless the abbot afforded every assistance to D'Anneville, and probably was deemed entitled to some share of the reward. Duke Robert, having previously given leave to the abbot to extend his demesne beyond the Clos-du-Valle, some difficulties arose between the grantees, Sampson insisting upon an equal division without regard to the improvements made by the tenants of the abbot. On an appeal to Duke William, it was ordered that the abbot should retain the improved land, which should be deducted from his proportion in the division of the remainder ; and this was the cause of the fiefs St. Michael and D'Anneville being intermixed in the confused manner they now are. It is observable that half of the island is described in the ducal grant by a vague and general expression, to wit : the west part of the island. From this we may infer that Guernsey was not then regularly divided into parishes, but only into cantons or districts, which most probably took their names from the families who had first occupied them ; but, after the foundation of churches, it became necessary to make such a parti tion, for the better and more orderly establishment of the different benefices, so that every incumbent might * William the Bastard, afterwards surnamed the Conqueror. He occasionally signed himself Guillehnus Cognomento Batardus. X 322 ECCLESIASTICAL HISTORY. know the extent of his duty, and where he might law fully take his dues. We may here also put in con trast the cost of the dinners to the royal court at the fief St. Michael with what it was in the times of which we are treating. It has been stated that the prior paid six livres tournois, or about twenty-four shillings,* for the three annual dinners ; now they cost £46 3s. 6d.f Duke Robert, eldest son of William the Conqueror, before his departure for the Holy Land, gave other estates, which do not seem to be clearly specified, to the bishop of Coutances, for the maintenance of cer tain monks in the island, and one corvee of land for the use of the bishop himself. About the same date, the abbess of Caen is also said to have received lands in the island, on condition that she educated a certain number of young women in her convent. The following are the dates at which the churches were consecrated in Guernsey : — St. Sampson's, 22d of May, 1111; the Vale, anciently called St. Michael the Archangel, 29th of September, 1117; Torteval, or St. Philip, 16th of December, 1130;| St. Saviour's, 10th of May, 1154 ; the Forest, anciently called St. Margaret of the Trinity, 3d of September, 1163 ; St. Peter's -in -the -Wood, 3d of September, 1167; St. Martin's, 1st of February, 1199; the Catel, anciently called St. Mary of the Castle, 20th of August, 1203 ; St. Andrew's, 4th of October, 1284 ; St. Peter's, or the town parish, 1st of August, 1312. The chapel of Lihou, now destroyed, 10th of August, 1114. There were also the small chapels of St. Julian and St. James, in the town ; St. Appoline,§ in the parish of St. Saviour; St. Anne, and St. George, in that of the Catel ; St. Peter, St. Sampson, St. Andrew, Torteval, and the Forest, were in the patronage of the abbey of Mar- * From the preceding reduction of livres into sterling, it appears that about five livres tournois were then equal to the pound sterling ; but the denominative value of the livre and the pound sterling, was very different in those early days from what it is at present. f See documents laid before the house of commons in 1832. % The modern church of Torteval was erected in 1818. - § This ancient chapel, with its rude stone roof, is still standing, and is now used as a barn. It is a specimen of Cyclopian architecture. ECCLESIASTICAL HISTORY. 323 moutiers ; St. Peter's-in-the-Wood, St. Mary of the Castle, St. Saviour, and the Vale, were in the patronage of the abbey of Mount Saint Michael ; and, finally, St. Martin. By adding to these, Bellouse, or our Lady of Alderney,* under the patronage of Blanche- lande ; and St. Vignol, that is to say, the islands of Sark and Herm, under the patronage of the abbey of Cherbourg and the bishop of Coutances, we have the twelve parishes of the ancient deanery.f Prince Henry of Normandy, afterwards Henry the First of England, made a provision in the abbey and convent of Cherbourg, for the benefit of a certain number of religious persons of the small island of Herm ; but in the year 1440, a renunciation was made of that privilege. It is mentioned in the precept of assize, of 1331, that the king has no right to take vreck in Alderney from the abbot of Cherbourg, who seems to have still had controul over that island, — for the word vreck is not here to be taken for sea-weed, but it denotes shipwreck, or anything thrown on the shore by the sea, or, in legal phrase, things jetsam, flotsam, and ligan, — a prerogative still appertaining to lords of manors in Guernsey and Jersey. However, by an extent of the revenues of the crown, drawn up in Alderney about fifty-eight years before the abbot received the champarts, he had, for his dues, three hundred rabbits, and a small due on hogs, called pesnage, for liberty to let them run on the commons, all of which was computed to amount to twenty or twenty-five livres tournois annually, the king reserving to himself the rents, pastures, mill, and fish-ponds. * William the Conqueror gave to the bishoprick of Coutances the church of Alderney, with the tithe and terra quatuor bourn, or as much land as four oxen could plough in one day ; and the church of Sark, with the tithe, all the other revenues, and eighteen acres of land. — Histoire des Sviques de Coutances, par Lecanu, p. 227. Aurigny, l'Arica de Ptolemee, ne forme qu'une paroisse. On croit qu'il y a eu un couvent de filles au lieu nomine1 Nunnery, c'est-a.dire, laNonnerie, et Pon y montre des mines qui ont du lui appartenir. II y a eu une chapelle de'die'e a Saint Michel, aupres du cimetiere, ou dans le cimetiere de ce nom. Le chapitre de Coutances avait une partie des produits de Pile d' Aurigny, et Pon possMc encore l'acte d'une convention relative a leurpartage, passee entreles ofiiciers dudit chapitre et ceux de Henri II., roi d'Angleterre, vers Pan 1240. — Idem. r Histoire des Eveques de Coutances, p. 466. x 2 324 ECCLESIASTICAL HISTORY. Since the separation of the Channel Islands from Normandy, in the reign of John, the kings of Eng land have always had the right of presentation to the benefices, except to the four churches under the direction of the abbot of Mount Saint Michael ; to wit : the Vale, St. Mary de Castro, St. Saviour, and St. Peter-in-the-Wood, — and, in time of war, the king seized all the ecclesiastical revenues of those who were absent, or did not prove loyal subjects, in order that the enemy should not be benefitted by any thing from the island. It was in the reign of John, after he had lost Normandy, that the clergy, who had greater interests in France than in Guernsey, began to manifest that treasonable spirit which ultimately led to the expulsion of their successors. The canon of Blanchelande having deserted to the enemy, his tithes and revenues were seized upon, and applied to the defence of the island, except a certain proportion thereof, reserved for the dean to read mass, and pray for the souls of the deceased kings, which duty that canon was bound to perform. An other instance of this nature happened during the reign of King Edward the Third, who, being on ac count of his wars with France, seized of the temporal rights of the priory of Mount Saint Michael, in Guern sey, presented William De Caillard to the curacy of our Lady St. Mary of the Castle ; but the bishop of Coutances rejected him, and inducted John Viquet, a Norman ; on which the king sent an order to the guardian of the islands to seize on all the income and emoluments of the said curacy, until the bishop should have ratified the royal nomination. A similar order had been sent over to Jersey, in the seventh year of the reign of King Edward the First, concern ing the revenue of St. Clement's church, in that island, belonging also to the abbey of Mount Saint Michael. It was a very ancient prerogative claimed by the ECCLESIASTICAL HISTORY. 325 bishops of Coutances, that if the king, or guardian of the island, delayed six months in filling up a vacant benefice, the bishop, in that case, had a right of ap pointing a curate, though King Edward the First paid but little attention to it. In the twenty-sixth year of his reign, having nominated Robert Lyset to the rec tory of St. Peter, the bishop of Coutances refused to give him induction, on pretext that, by the lapse of six months, the right of nomination had devolved upon him ; on which the king sent him a mandate, commanding him to induct his nominee, under the penalty of forfeiting all he held within the royal dominions. There are some instances of the rectors having been appointed by the pope, of which we give the following example. His holiness having appointed Peter Le Valleys to the rectory of St. Peter, and put him into possession, one Guillevin ousted him by force, by pleading that he had authority from the patron so to do ; but this intrusion was cancelled by an order from King Edward the Second to Otho De Grandison, guar dian of the islands, to reinstate the papal nominee. While the Channel Islands remained under the episcopal jurisdiction of Coutances, the bishop of that diocese appointed a surrogate or substitute in Guern sey, who held the office of dean, and united in his own person the offices of chancellor and archdeacon, having power to give institution and induction, to pronounce sentence in cases appertaining to eccle siastical cognizance, to certify wills, and to hold visita tions. He held the principal benefice of the island, and had a proportion of tithes collected from the dif ferent parishes. He took the fees of the ecclesiastical court, and the rents due to the island of Lihou. When the religious houses were suppressed, he received an allowance of one hundred quarters of wheat, paid him by the king's receiver, for his tithes. Those religious houses enjoyed all the predial tithes, for which some of their members performed the cure of souls ; but the 326 ECCLESIASTICAL HISTORY. bulk of the revenues belonging to them were paid to certain monasteries and abbies in France, on which they were dependent, and of which they were branches. The first fruits and tenths of these benefices were rated in the bishop's register, the Livre Noir, or black book of Coutances, and this record was duly kept till the islands were separated from that diocese. These religious houses were suppressed, and the priors aliens banished from Guernsey by King Henry the Fifth, who, being engaged in war with France, cut off all the resources that the enemy, through the priests, might derive from England, at that time full of priors aliens, and foreigners possessed of ecclesiastical benefices. For this purpose it was enacted by 1 Hen. 5, cap. 7 : — " Whereas there are divers Frenchmen beneficed and preferred to priories and abbies within this realm, whereby the treasures of the realm are transported, and the counsels of the king and the secrets of the realm disclosed to the king's enemies, to the great damage of the king and the realm ; that, therefore, all priors aliens, and other Frenchmen beneficed, shall avoid the realm, except only priors conven tuals, such as have institution and induction ; and this also with a proviso, that they be cathohcs, and give sufficient surety that they shall not disclose the counsels of the king or the realm." This statute was afterwards extended to the Breton subjects of the queen dowager, formerly widow of John De Montfort, duke of Brittany, who were ex pelled by 3 Henry 5, cap. 3. This measure included the Channel Islands, by which law the property of the priors aliens fell into the hands of the king, as wTell in Guernsey as in England, and became part and parcel of the demesnes of the crown. A composition was then entered into between the rectors and the governors, by which the former obtained the following proportion of" the tithes confiscated, and vested in the king : — St. Peter's received the seventh sheaf, both of tithe and champart. St. Martin's the same. The Forest, the ninth sheaf of tithe and champart. St. Andrew's, the fourth do. do. do. Torteval, the third do. do. do. St. Mary-de-Castro, the ninth sheaf of tithe only. The Vale, the fifth do. do. only. St. Peter's-in-the Wood, the third do. do. only, and the sixth on the fief of Lihou. St. Saviour's, the whole of the deserts, but no sheaf of the tithe.* * Warburton, p. 19. ECCLESIASTICAL HISTORY. 327 As the terms champarts and deserts are not words in general acceptation, it seems fit that their local signifi cation should in this place be explained, for which purpose we shall make the following extract from Warburton : — " The champarts is derived from campipars a part of the profit of the land reserved for ever, to be paid by the under-tenants to him who was the last owner of the fief, and let it out to tenants, with the reservation of this duty upon it. The first dukes of Normandy granted several parcels of land in the island, to such as had served them in their wars, and granted likewise a very considerable part to some rehgious houses. These, whether churchmen or soldiers, not being them selves skilled in agriculture, let out these lands to tenants under them, reserving such rents and services as they thought most convenient. Such was this champart, which is undoubtedly the most ancient duty ; and such were the chef-rentes, or rents reserved to the chief lord, which are the most ancient rents, and these have been in use, at the least ever since Richard the First, duke of Normandy, who sent monks from St. Michael de monte tumbd, and placed them in the island, which was about a.d. 966, and possibly they may yet be of more aneient date. Those churchmen judged it the most equitable way, and for themselves the most useful revenue, to reserve to their own use a part of the corn produced by the land they let out to their tenants, and it appears to have first arisen after this manner, because no lands pay any champart, but such as are part of some fief. All other lands, whether held in franc-aumone or franc-alleu, pay no champart at all, and there are some fiefs upon which no champart is paid ; the lands held of such fiefs are said to pay grande chef-rente, which is not a different sort of chef-rente from what other lands pay, only it is so called, where there is no champart paid. The proportion reserved under the name of champart, was the eleventh part of the grain which grew upon the ground assigned to pay champart ; and so two parts out of eleven came to be paid by the farmer or occupier of the land, the tenth part as tithe, the eleventh part as champart ; but then he was not obliged to gather toge ther, and bind up in sheaves the tithe and champart, as he did his own nine parts, but left them loose and scattered on the ground, until, by a general agreement between those who received tithe and champart, and the farmer or occupier of the land, it was accorded, that those who were to pay tithe and champart, should gather together and bind up the corn in sheaf (for this extends to barley as well as wheat,) and for so doing they should pay then but the eleventh and twelfth sheaf, which is now the custom all over the island, except in the Clos-du-VaUe, where, out of extraordinary respect for the abbot who resided among them, and to whom the tithe and champart were due, they were willing to gather together and bind up the corn as the others did, and yet to pay the tenth and eleventh sheaves ; and so they do to this day, custom having made it become a due from them, which it is not from others. Upon the dissolution of the monasteries (for which use these champarts were reserved, and which also enjoyed the tithes) they all fell to the crown ; some when Henry the Fifth suppressed the priors ahens ; others when Henry the Eighth dissolved the rest of the monasteries. Some of these champarts were in Queen Elizabeth's time again granted away from the crown to particular persons, and are still enjoyed by such as claim under them. The rest remain as part of the king's revenue, and are commonly let out to farm, together with the tithes." Warburton next explains the nature of de'serts in the following terms : — "Deserts, in the common acceptation of the word, have some relation to cham parts, and thus such lands are called de'serts as have not been ploughed or sown with any sort of grain for the space of forty years together, but employed only, for 328 ECCLESIASTICAL HISTORY. pasture or such other uses, and then these lands do, by these means, become freed from the payment of champart for as long as they shall afterwards be sown con stantly every year with some sort of grain ; but if after that, these grounds come to he fallow even for a single year, they then lose the privilege gained by their being before forty years untiUed. This is the general notion of deserts. But those in St. Saviour's parish before mentioned, are of another sort peculiar to that parish alone. These must have been formerly such lands as are called arvce pri- mam segetem ferentiae, and sometimes they are also styled, ager de novo ad cultum redactus, de quo non exstat memoria, qu6d aliquando cultusfaerit. The tithes of which lands are culled decimat novalium ,- and such, as well by the custom of Normandy, as by the general laws relative to tithes, are due to the proper and pecuhar church of the parish wherein they are situate, notwithstanding that all the great tithes of that parish had before been appropriated and alienated from the parish church, which appears to have been the case here. The tithes of this parish belonged to those monks who came from Mount Saint Michael in periculo maris, and so, upon suppression of the priors aliens by Henry the Fifth, were seized into the king's hands ; but those deserts, being such lands of which no profit at all had been made, and for which consequently no tithe had been paid, when they came to be cultivated, the tithe arising from them belonged to the vicar of the parish, and is all that he now has. What allowance he had before, or how he has come since to lose, whatever were his former dues, does not appear ; but it seems that this, in the time of Edward the Sixth, was no new thing, for in the year 1550, at the instance of James L'Amy, then vicar of that parish, there was, with the consent of the lieutenant-governor, the baihff and jurats, an account taken, by way of inquisition, what lands were to be accounted to be of these sorts of deserts, and what not ; and this was then done for the avoiding of frequent contests, which had arisen in this matter between the vicar and the Icing's farmers. And yet it seems even some dispute remained after that time, which was by the lords of the council determined in favour of the vicar, by a letter of their's, dated from Green wich, June 30, 1608." When the reformed religion was introduced into Guernsey by Henry the Eighth,* he completed the work commenced by Henry the Fifth, and vested in the crown all the tithes of foreign priors and abbots not yet so appropriated. In the fourth year of his reign (1513), the parochial school of St. Peter was founded by the free gift of Thomas Le Marquant and Janette Thelry, his wife, who conveyed " a certain house and garden, being and lying within the said parish, to the northward of, and near to, the chapel of Saint Julian, between the houses of Thomas Guille- motte and Thomas Saragevat, therein to keep and hold a school for the time to come." They endowed * L'hdre'sie faisait de grands progres dans les iles de Jersey, Guernesey, Serck, Herms et Aurigny, qui devaient bientdt faire schisme avec leur antique Sglise. Le dioc&se de Dol s'attribue, mais a tort, la possession primitive de ces iles, sous le prttexte qu'elles furent converties par Saint Magloire, evgque de Dol. Quelques historiens de Jersey sont dans le mime sentiment, et ajoutent quelles ne furent adjointes au diocese de Coutances que par les dues de Normandie ; mais outre qu'il ne reste aucun souvenir de cette prerendue adjonction, il est vrai que Guillaume-le-Conquerant, ni aucun de ses prddecesseurs, n'avaient le droit de ravir a un diocese une portion de son territoire, pour la donner a un autre : Peglise seule peut faire de tels changemens. — Histoire des Mviques de Coutances. ECCLESIASTICAL HISTORY. 329 it with two quarters of annual wheat rent for the maintenance of a master, who was to teach each scholar, every evening before going home, an anthem of our lady the virgin, the De Profundis, and an Ave Maria, for the repose of the souls of the donors. During the short reign of Edward the Sixth, the English liturgy, translated into French, was used in the churches, and the mass abolished. The former was suspended and the latter revived under Queen Mary, who persecuted some of the protestants to death. Dr. Heylin says — " Katharine Gowches, a poor woman of St. Peter-Port, in Guernsey, was noted to be much absent from the church, and her two daughters guilty of the same neglect. Upon this they were presented before James Amy, then dean of the island, who, finding in them that they held opinions contrary to those then allowed, about the sacrament of the altar, pronounced them heretics, and condemned them to the fire. The poor women, on the other side, pleaded for themselves, that that doctrine had been taught them in the time of King Edward ; but if the queen was otherwise disposed, they were content to be of her religion. This was fair, but it would not serve ; for by the dean they were delivered unto Heher Gosselin, then bailiff, and by him unto the fire, July 18, 1556. One of these daughters, Perotine Massey, she was called, was at that time great with child j her husband, who was a minister, having in those dangerous times fled the island : in the middle of the flames and anguish of her torments, her belly broke in sunder, and her child, a goodly boy, fell down into the fire, but was presently snatched up by one W. House, one of the by-standers. Upon the noise of this strange incident, the cruel bailiff returned command that the poor infant must be cast again into the flames, which was accordingly performed ; and so that pretty babe was born a martyr, and added to the number of the holy innocents."* Mr. William Le Marchant has left in MS. the following remarks on this dreadful event. He says — " The reason why the prisoners were delivered up to the bailiff was, not to have them tried by him since they were already condemned, but only to have their sentence carried into execution, the spiritual court having no officers of its own for that purpose ; they therefore had recourse to the civil magistrates, who, in cases relating to religion, were obliged to co-operate with the clergy and enforce the judgments they pronounced, however unjust they might be. Had any one of these women been big with child, no doubt she would have pleaded pregnancy, in hopes to have obtained at least a delay for her execution, so natural to every one ; had this been the case, the sentence would have mentioned the fate of her offspring, and on the supposition of a living child having been born, the sentence on it would have been recorded as well as that on the mother. It is palpable that a child, forced into the world by so unnatural a birth, through the violence of the flames, must have been stifled, or at least it must have been out of the power of man to have preserved it. I am very far from having any views of vindicating this cruel sentence, or the persecutions committed under that unhappy reign ; but it is very well known that all matters concerning religion were under the cognizance of the spiritual court : but as the clergy had not the means, or proper officers for the * Heylin's Survey, p. 323. 330 ECCLESIASTICAL HISTORY. execution of their criminal sentences, the royal court had orders to provide for the same, whether just or unjust. From all the circumstances of the case it is plain that the bailiff and jurats gave their judgment, but only in the nature of a declara tion that, according to, and in consequence of, a sentence submitted to them by the dean and clergy under the sign and seal of the deanery, the three women were condemned to be burned. This clearly demonstrates that the civil magistrates exonerated themselves from the guilt there might have been in the said sentence, as it does not appear that they had even any knowledge of the circumstances or nature of their crime." And Mr. F. B. Tupper, before he had seen the preceding remarks of Mr. Le Marchant, published the following passage on the subject in the Guernsey and Jersey Magazine, vol. 5, p. 116 : — " In observance of the maxim, audi alteram partem, we subjoin the following note from the ' Letters to a Prebendary,' by Dr. Milner, a celebrated catholic divine and author : — ' C. Cauches, G. Gilbert, and P. Massey, the famous Guern sey women, whom Parsons proves to have been felons and guilty of theft, July 18. The last mentioned of these was mother of the pretended infant martyr, concerning whom such violent outcries have been, and still are, raised. This author proves the mother to have been a prostitute, who, by concealing her pregnancy, was the real cause of her child's death, which, however, happened previously to the burning of its body by the executioner.' " Parsons, an Enghsh Jesuit, was educated at Baliol College, Oxford, of which he became bursar and dean in 1572, but, being charged with embezzling the college money, he went to Rome, and turned cathohc. Although the evidence of an apostate is of Uttle worth, we should be glad to see his proofs, but have been unable to obtain his work. That these poor women — a mother and her two daughters — were burnt for heresy, and not for felony, as is insinuated, is as certain as that no woman would conceal her pregnancy in such an extremity ; but, as regards the infant, there may fairly be some doubt of its having been cast alive into the flames, as is now generally believed. On the other hand, although the inhumanity of such a punishment for such an offence cannot be sufficiently reprobated, yet some allowance should be made for the barbarity of the age, as, nearly a century afterwards, the bodies of Cromwell, Ireton, and Bradshaw were exhumed, and after hanging for some time, were buried under the gallows. Even the remains of Blake were removed from their resting place by the royalists." On the accession of Elizabeth, the catholics, in turn, became the victims of protestant persecution. The court issued ordinances commanding the delivery of all popish idols and books under pains of heavy fines, dated the 1st of October, 1571. One Richard Girard was flogged through the town for upholding mass, on the 25th of April, 1573 ; and all strangers were or dered to profess the established religion within a given period, or quit the island, by an ordinance dated the 22d of January, 1593. In 1563, Queen Elizabeth founded a school in Guernsey, which now bears the name of Elizabeth ECCLESIASTICAL HISTORY. 331 College. The property with which this establishment was endowed, belonged to a fraternity of Cordeliers, but the period at which that religious institution was abandoned is doubtful, for it is not clear whether it escheated to the crown, when the priors aliens were banished by Henry the Fifth, or by virtue of the acts of parliament passed during the reigns of Henry the Eighth and Edward the Sixth, by which the Roman Catholic establishments and lands were forfeited to the crown. The following is a summary of the regulations, passed on the 27th of September, 1563, for the esta blishment of this national seminary : — " 1. — The school to be called the school of Queen Elizabeth. " 2. — The church and cemetery of the Cordeliers, with twenty-six perches of ground on the north side, and thirty perches on the south side, given for the building of the school. " 3. — To the westward of the church, it is ordered that there be a playground for the pupils, and to the eastward, a garden for the master. " 4. — A marble statue of the queen, with the arms of England, to be placed over the gate. " 5. — The free use of the public wells and pumps guaranteed to the school. " 6. — Eighty quarters of wheat rent assigned to the master. " 7. — Defines the duty of the master, and enumerates his qualifications. " 8. — The school is open at seven in the morning during summer, and at eight in winter ; to close at eleven. " 9. — Afternoon school from one to five. " 10. — If the master neglects his duties, after having been three times warned by the dean, or if he is guilty of crime or immorality, he is to be dismissed by the governor or his lieutenant, and another master appointed in his stead. " 11. — Pupils inadmissible, unless they can read and repeat the catechism. " 12. — When a pupil is presented for admission, the master is to exhort him and his parents to pray for Queen Elizabeth. " 13. — The master, in presence of the pupils of the parent, is to exhort him to behave with propriety, under the pain of being flogged. " 14. — If the scholar is incorrigible, the master, having called together his relations, is to bring him before the dean, who is ordered to reprimand him severely, and if, after having been three times reprimanded, he does not amend his conduct, then he is to be expelled from the school." On the 13th April, 1565, the bishop of Coutances obtained an order from the lords of the council, ad dressed to the governor, bailiff, and jurats, requiring; in the queen's name, payment of all such dues and sums of money as had been heretofore, or ought of right to be, paid to him. The prelate, claiming cer tain sums in the island, as well in right of his abbey 332 ECCLESIASTICAL HISTORY. of Lessey, as of his bishopric, sent his procureur, or agent, with orders to make application for their reco very to the governor, who referred him to the bailiff and jurats. They summoned John After, the dean, to appear and answer to the bishop's demands. When he presented himself, the bishop's procureur protested against After, as not having any right to the deanery, or to the parishes of St. Martin and St. Peter-in-the- Wood (both of which, by the queen's appointment, he was possessed of), because he held them without any authority from the bishop of Coutances. The dean replied that he had sworn obedience to the queen of England and her laws in matters ecclesiastical,; — that he had renounced the pope and all foreign jurisdic tion, — and that he held the deanery and the two parishes by episcopal authority through the bishop of Winchester, who, most probably from other circum stances, had some inspection over the spiritual affairs of the island at that time, though the order for annex ing it to that see is of later date. Dean After then declared, that if the agent of the bishop of Coutances would, in his master's name, take the oath of fidelity to the queen, — promise to obey her laws in matters ecclesiastical, — and renounce the pope and his ad herents, he would acknowledge the authority of the bishop of Coutances in the island ; and he added that he was ready to give any further answer that might be required of him. Thus the matter ended, and the bishop lost his dues. It was in 1568 that the Channel Islands were finally separated from Coutances, and transferred to Winchester ; but they appear to have been previously attached, not only to the diocese of Exeter, but to that of Salisbury, as Warburton says that, " when King John was dispossessed of Normandy, he brought them under the bishop of Exeter's jurisdiction for a short time ; but they were soon restored to the bishop ric of Coutances, and so continued until the reign of ECCLESIASTICAL HISTORY. 333 Henry the Seventh, when, by a bull of Pope Alexan der the Sixth, of the 5th of November, 1496, they were again separated from Coutances, and annexed unto the diocese of Salisbury, but afterwards re attached to Coutances, and so remained, till Queen Elizabeth transferred them to the see of Winchester, about the year 1568." During the reign of Elizabeth, many French pres- byterians arrived in the island to avoid the persecution they suffered in their own country, and, being chiefly disciples of Calvin, and observers of the worship of the church of Geneva, they gradually found means to introduce their own principles. At this time, accord ingly, most of the pulpits were occupied by presbyte rian ministers, who, being supported by the governor and other authorities in the island, soon began to hold synods, at which they regulated all church affairs. Elizabeth, by an order dated the 18th of August, 1565, sanctioned the presbyterian discipline and form of worship in St. Peter's-Port, Guernsey, and St. Helier's, Jersey : the indulgence was abused, for though limited to those parishes, their example was soon followed by all the country parishes in both islands. Indeed, the governors favoured the innovation, and in 1563, two years before the date of Elizabeth's order, Sir Francis Chamberlayne, governor of Guernsey, had allowed the clergy to appoint elders and deacons, and form themselves into a consistory, which met every Thurs day, the governor, bailiff, and some of the jurats being members of it. Warburton says — " An alhance was made between them and the consistory of Jersey, of which Mr. Amias Poulett, then governor of Jersey, was a member ; and it was agreed between them, that a synod should be held, at least once every year, in each island alternately, for the regulation of the affairs of the churches in both islands. The first of these synods was held in Guernsey, on the 28th of June, 1564, of which John After, who had the title of dean of Guernsey, was a member, but did not preside, nor had he any more power or authority than the rest of the synod ; nor does it appear that he performed any sort of ecclesiastical function in the island as a minister. The probate of wills he retained, and there are yet some to be seen under the seal of his office ; and the same course was continued till Mr. John De Vic's time, who was the king's procureur, about the year 1607. On the 1st of September, 1564, by the desire of the governor of Jersey, and of some others, 334 ECCLESIASTICAL HISTORY. Nicholas Baudion (who came from Normandy, and was one of the first, and for some time the only presbyterian minister,) was, by the consent of the consistory of Jersey, permitted to go for two months to officiate in Jersey, where it seems, at that time, they had not a minister, and Adrian Saravia, a Fleming, settled as an assistant to Baudion, in the parish of St. Peter, Guernsey. The revenues of the church of that parish were taken into the hands of the consistory, to be by them distributed for the use of the church. A synod held in Guernsey, on the 22d of September, 1567, did depute some of their members to attend the bishop of Win chester, and so did a synod, held on the 1st of June, 1568, at which time they call him their bishop, although the order for uniting the island to the see of Winchester, bears date the March after. In their synod, held in 1567, they took upon themselves to impose, not only pecuniary mulcts and fines, but corporal punishment upon such as should be found guilty of several crimes there mentioned ; but being better advised, in the synod held on the 12th of September, 1569, they ordered that all crimes should be first punished by the civil magistrate, and then the church shall take order ; and that no pecuniary fines should be imposed by the consistory. In the same synod they ordered, that the articles of that and former synods, concerning church government, should be drawn up in form and presented to the bishop of Winchester, by the dean of Guernsey, in the name of all the islands, and, together with these articles, those of the government of the French reformed churches in London. At a synod held in Sark, in 1570, they again made an order, that although the civil magistrate should neglect the due punish ment of offenders, yet the church shall proceed against them. Whereupon Nicholas Carey, the younger, a member of the consistory of Guernsey, absented himself from then- meetings ; and being summoned to show his reasons, gave this forthe cause, — that they trenched upon the civil jurisdiction ; in which he persisting, was discharged from being a member of their consistory. At a synod held on the 14th and 15th of September, 1575, they made an order that a minister, not having a sufficient maintenance for himself and family from one parish, may receive a pension from another ; that, in the country parishes, children may be baptized on the week days, provided there be first a sermon, according to the appointment of Jesus Christ, Matthew xxviii. In the consistory of St. Peter, November 13, 1578, they order that there shall not, at any time, be an assembly of the people for prayers only ; but whensoever they assemble, there shall always be a sermon. In the synod held in Guernsey, June 20, 1576, a complete form of ecclesiastical discipline was agreed upon, to be observed in the islands, perfectly in accordance with the presbyterian form. And the same discipline was again reviewed and confirmed in another synod, in October, 1579." On the 13th of May, 1585, a complaint was made to the royal court by Mr. Nicholas Effart and Mr. Thomas Millet, ministers of the word of God, who set forth that the tithe due to them on calves, colts, and lambs, had not been paid, according to the orders of the governors and the magistrates, for the last four or five years, in consequence of which a large part of their revenue had been withheld, and they had been scarcely able to live. On which, it was ordered by the court, as well for the time to come as for time past, in which the payments remained in arrear, that there shall be paid to the ministers of the island one " gros d'argent" for the tithe of every calf and colt, ECCLESIASTICAL HISTORY. 335 and three " mailles d'argent " for every tenth lamb. This was in accordance with the ordinances formerly passed and established by the governor and jurats, in compensation for the rights which the ministers sur rendered, and which formerly belonged to them for marriages, baptisms, burials, and sacraments. The presbyterian form and discipline, introduced into Guernsey during the reign of Elizabeth, was con tinued under her successor, James the First. In the first year of his reign, David Bandinel, dean of Jersey, with other ministers of that island, drew up canons and constitutions ecclesiastical, for the most part agreeable to the discipline, of the Church of England, and presented them to his majesty : against these, ex ceptions were taken by the Carterets and some others of that island, who, it seems, liked better the presby terian style ; whereupon his majesty referred them to the examination of the archbishop of Canterbury, the bishop of Lincoln (then lord-keeper) , and the bishop of Winchester, who, having treated with both parties (after some alterations made), brought them to some agreement. The canons and constitutions so altered, were signed by the bishops to whom they were re ferred, and by the king's authority confirmed, on the 30th of June, 1603. But though the former disci pline, following the presbyterian style, was now laid aside in Jersey, yet, in Guernsey, these new canons could never find admittance, and no longer after than the 8th of August following, there was another order obtained from his majesty, whereby (first reciting that the islands of Guernsey and Jersey, parcel of the duchy of Normandy, having, by Queen Elizabeth, been allowed to follow the usage of the reformed churches in that duchy,) his majesty is now pleased to confirm the same liberty unto them. This gave encourage ment to the Guernseymen to adhere firmly to their former discipline, which the Jerseymen exhorted them, by letters, to lay aside, and to concur with them in 336 ECCLESIASTICAL HISTORY. receiving the canons there established. Divers letters passed between them, wherein the matter was at large debated ; but those of Guernsey remained constant to their first resolution, from which they never departed during the reigns of James the First, and of his son Charles the First. Though James the First confirmed the engagement of Elizabeth to permit the continuance of presbyte rianism in the islands, he did so with reluctance, having secretly resolved to introduce the Anglican form at the earliest convenient opportunity ; but he was fearful of taking any precipitate measures, lest he might alarm his Scotch subjects, whom he was most desirous of bringing within the pale of conformity; indeed he was so infatuated with episcopacy, that he constantly used the phrase " No bishop, no king." Dr. Heylin has minutely recorded the circumstances which led to the downfall of presbyterianism in Jersey, and his statement we shall briefly condense. The curate of St. John's parish, in Jersey, being dead, the colloquy appointed one Brevint to succeed him ; against this nomination the governor and attor ney-general protested, as prejudicial to the royal prerogative. However, their objections were over ruled, and the colloquy carried their point. But the governor, Sir John Peyton, and Marret, the attorney- general, forwarded to council a bill of articles against the colloquy, declaring that they had usurped the patronage of all the benefices in the island, and ad mitted men to livings without any form of presenta tion, by which his majesty was deprived of vacancies and first fruits. To remedy these, and other evils, they prayed the king to grant them such a form of discipline and church government, as would prevent the repetition of similar abuses. In consequence of this application, Sir Robert Gardner and Dr. James Hussey were sent over as commissioners to Jersey, in 1607. The ministers of the island, aware of their ECCLESIASTICAL HISTORY. 337 intended visit, had prepared their defence, which was reduced under two heads. They contended that their appointment of persons to the ministry, and their ex ercise of ecclesiastical jurisdiction, had been confirmed to them by his majesty ; and that, as to first fruits, it was a payment which had never been exacted from them since their separation from Coutances. Upon this answer, the affair was again referred to the king in council, the commissioners stating that they were only empowered to inquire into facts, and not to pro nounce any judgment. While the final decision was pending, disputes arose in the island between the preachers and the laity. The jurats annulled the sentences pronounced by the consistory. The civil tribunal thus claiming para mount authority, the people began to dispute about the tithes, and challenged the clergy to show by what legal title they laid claim to them. Their benefices were declared liable to first fruits and tenths by com mand of the governor, and one of the constables even went so far as to charge them with hypocrisy and tyranny before the royal court. They were also ac cused of holding secret and treasonable meetings. Thus harassed, the clergy besought the governor to intercede for them with the king, hut he indignantly rejected their appeal to his protection. They next addressed themselves to the Earl of Salisbury, then high in favour with the king, being lord high treasurer and chief secretary. He pretended to listen favour ably to their complaints, and advised them to modify their system and induce the Guernseymen to do the same, for, if he once persuaded them to abandon the main principles of their discipline, he hoped gradually to gain so many other concessions as would ultimately favour the introduction of the anglican liturgy. The presbyterians caught at the bait ; but while they were still deliberating what course to pursue, the Earl of Salisbury died, on the 24th of March, 1612. 338 ECCLESIASTICAL HISTORY. Shortly after the decease of that nobleman, the parish of St. Peter, in Jersey, being void, the governor presented it to a clergyman, named Messervy, who had lived some time at Oxford, and was patronized by Doctor Bridges, bishop of Oxford. The colloquy refused his admission, not so much because he was presented by the governor, but chiefly on account of his having been ordained by that prelate ; to accept Messervy, seemed to them almost an acknowledgment of episcopacy. The new incumbent, however, in spite of the warmest opposition, enjoyed the profits of the living. These proceedings gave rise to another com plaint to the king in council, in which it was stated that the inhabitants, generally, were discontented with the discipline of the church, and that the majority of them preferred the anglican form. On this, both parties were commanded to appear at court, the go vernor and the secular states to prosecute their suit, and the ministers to put in their defence. Marret, the attorney-general, and Messervy, the incumbent of St. Peter, were furnished with a formal petition from a considerable number of the laity, praying the king to establish the book of common prayer in the island, and settle among them some ecclesiastical officer, with episcopal jurisdiction. On behalf of the presbyterians were deputed Bandinel, Oliver, Effart, curate of St. Saviour, and De La Place, curate of St. Mary. They were specially instructed not to assent to any change whatever, and resolutely to maintain the existing dis cipline without compromise. On their arrival in London, the king referred them to the council, and the council ordered the whole case to be heard before the Archbishop of Canterbury, Lord Zouch, and Sir John Herbert, then principal secre tary of state. The cause was privately argued before them by the deputies, and the discussion was marked by wrangling and contradiction ; whatever one party affirmed, the other denied, and it became impossible ECCLESIASTICAL HISTORY. 339 for the judges to ascertain the real facts. At length the governor found means to divide the presbyterians, by promising De La Place, if episcopacy were revived, to secure him the deanery. The ambitious priest was lured by the bribe, and forthwith betrayed his com panions in expectation of the promised reward. All unity of resistance being thus broken, the Archbishop of Canterbury announced to the disputants, that it was deemed most expedient to establish among them the authority and office of dean, — that the book of common prayer, printed in French, would again be introduced into their churches, though the ministers would be allowed some latitude in using particular passages, — and, finally, that Messervy should have quiet enjoyment of his preferment. Both parties were then ordered to return home. Shortly after the return of the deputation to Jersey, Sir Peter De Carteret, by orders received from council, gave notice to the ministers that they were required to make choice of three learned and pious clergymen, whose names they were to forward to the council board, when his majesty would select one out of the number to fill the office of dean. This notification excited great discontent, for there were many aspirants to the deanery ; each thought himself most entitled to the prize, and each felt reluctant to acknowledge a superior. However, their suspense was short ; the governor recommended Mr. David Bandinel, and he was approved of by the Archbishop of Canterbury. Letters patent, dated the 8th of March, 1619, were prepared, and these invested Bandinel with the dig nity and office of dean. At the suppression of the deanery, the governor had taken into his hands the probate of wills : this function was restored to Bandi nel, as well as the cognizance of matrimonial causes and tithes. In order to carry these new regulations into effect, certain canons, or ecclesiastical constitutions, were y 2 340 ECCLESIASTICAL HISTORY. drawn up, and they were called the interim, which denoted that they were temporary and subject to fu ture revision, or, to use the language of the articles themselves, " in the interim, until his majesty should be fully informed what laws, &c, were meet and fit to be established for the good government of the said island in causes ecclesiastical, &c, — to grant commis sion, &c, — to exercise the ecclesiastical jurisdiction there according to certain instructions signed with our royal hand, — to continue until we may establish, &c." In this interim there was a clause, whereby the ministers were exempted from commanding the ob servance of holydays, from using the sign of the cross in baptism, from wearing the surplice, or requiring the people to kneel at the communion. Dean Bandinel, on his return to Jersey, took pos session of his office in a meeting of the states of the island, and forthwith began to exercise his jurisdiction, He met with some opposition from Sir John Herault, the bailiff, who was displeased at seeing many causes removed from his tribunal to the ecclesiastical court ; but the crown supported the dean, and the bailiff was suspended for four years. The ministers generally submitted to the new regulations, but De La Place, disappointed in not receiving the promised deanery, retired to Guernsey. The introduction of the liturgy, however, was resisted ; but, after six months, the clergy assented to its adoption. The canons and ecclesiastical constitutions of James the First were definitively settled and established in Jersey by royal letters patent, dated the 30th of June, 1623. While the British government were thus endeavour ing to introduce the polity and ritual of the Church of England into Jersey, in which attempt, as we have seen, they ultimately succeeded, Guernsey still main tained the presbyterian form and discipline ; indeed, no attempt was made during the reign of James to disturb the religious opinions of its inhabitants. Dr. ECCLESIASTICAL HISTORY. 341 Heylin attributes this apparent negligence to a studied and artful policy, James, according to his statement, preferring to negociate with one island at a time, lest simultaneous interference with both should have roused a hostile co-operation. When Dr. Heylin visited Guernsey, in 1629, four years after the death of James the First, the military chaplain, who had accompanied the reinforcements from England, ap plied to De La Place, then all-powerful among the presbyterians of that island, for leave to perform divine service in his church when not occupied by his own congregation, and the latter only assented on the express condition that neither the liturgy should be read, nor the communion administered. In conse quence of these reservations, says Dr. Heylin, when ever any one proposed to receive the sacrament, he was ferried over to Castle Cornet, where the ceremony was performed in the great hall. He also states that it was customary, in the town parish, to deliver a lecture every Thursday, and that, in 1623, Christmas day hap pened on a Thursday, in consequence of which the presbyterians put off the sermon ; "an opposition," says the doctor, " far more superstitious than any cere mony, or observance of a day, though merely Jewish." While the roman catholic religion prevailed in the Channel Islands, both Guernseymen and Jerseymen studied divinity in France. But, after the reformation, Queen Elizabeth having transferred the spiritual con troul of the islands from Coutances to Winchester, it became necessary to provide other means of instruc tion. In the time of Archbishop Laud, an estate,, consisting of seven houses and two gardens in London, and 123 acres of meadow and pasture land, with 205 acres of wood, in Buckinghamshire, escheated to the crown. The primate prevailed on King Charles the First, to endow, out of this property, three fellowships at Oxford, one in each of the three colleges of Exeter, Jesus, and Pembroke, for the benefit of students from 342 ECCLESIASTICAL HISTORY. Guernsey and Jersey, to be held by them alternately. On the 27th of June, 1635, this recommendation was carried into effect, the king reserving to himself the first presentation. It was further decreed, that to whichsoever of the two islands the first presentation should fall, the other island should come in for the next two turns, and so on, in continual rotation for ever. After a suitable residence at Oxford, the fel lows were required to return to their respective islands to serve God in the church, if becoming situations offered. The heads of the colleges were ordered to notify to the dean and jurats of the islands every vacancy, that they might nominate a successor. Until the vacancy was filled up, the revenue of the fellowship was vested in the college. During the rebellion, and the protectorate of Crom well, the presbyterian form of worship and discipline remained in full vigour throughout Guernsey ; but, after the restoration of Charles the Second, the act of conformity was enforced, and the office of dean revived. On the 15th of July, 1663, the following order was directed to Christopher, Lord Hatton, governor of the island : — " Charles Rex. — Right trusty and well-beloved counsellor, we greet you well. Though we do conceive to have given abundant testimonies of our goodness and clemency to our subjects of the island of Guernsey and its dependencies, as in other things, so particularly in passing by unpunished their miscarriages during the late troubles, we have not thought it enough to rest there (such is our tender care of their good and settlement) and not use all other means in our power to preserve them from relapsing into their former distempers. To this purpose, calling to mind how their dissenting in matter of worship and church government, from that which was used and established in the rest of our dominions, was the chief, if not the only, cause of the late disorders among them, we have thought it the best way, for preventing the hke in time to come, to comprehend them in the common act of oblivion, and likewise to have them included in the act of uni formity, which we have lately passed in our parliament. And, accordingly, ap proving of the presentation made by you to the light reverend father in God, George,. bishop of Winchester, diocesan of the said island and dependencies, in the person of John De Saumarez, one of our chaplains, and minister in the same, to be the dean of that island and dependencies, from the good report we have had both of his sufficiency and abilities to discharge that office, and of his fidelity to us, and approved inclination to our church government. These are to will and require you to see the said John De Saumarez duly settled in the deanery aforesaid, with all the power and jurisdiction belonging to it, and to be fully obeye,d in the exer cise of the same, and particularly in causing the liturgy of our Church of England to be read and used in the said island and dependencies, throughout all the ECCLESIASTICAL HISTORY. 343 churches there, according to the said act of uniformity, and such instructions and directions as he shall receive from his said diocesan. And because we are given to understand that the douzeniers of the several parishes in our said island have diverted unto other use certain revenues and rents belonging unto those churches to which they have been given from ancient times, for then- reparation and main tenance, whereby they are fallen into great decay, and a great part of them into a condition nothing suitable with that decency which is required for the due per formance of holy duties and services in public assemblies ; these are likewise to will and require you to be aiding and assisting unto the said dean, in having those rents and revenues restored to then- ancient primary uses, and to that effect, to be put into the hands of the respective churchwardens of every parish, to be employed by them as the said dean, with the advice of the minister of the parish, shall direct and order, for the reparation, maintenance, and ornament of the said churches, in a fit and decent manner. In all which particulars, as we do expect all ready and due obedience to these, our commands, from the bailiff and jurats, and all others whatsoever bearing office in our said island and dependencies, and in general from all our subjects there j so, if, contrary to our expectation, there should be found amongst them any of such evil and turbulent spirits as should attempt any dis turbance or disquiet there, or in any sort hinder or oppose him, the said dean, or any employed by him, in the due and lawful execution of the premises, our will and pleasure is, that in such case you shall call such persons before you, and use such course as you in your prudence shall think fit, in order to the preservation of the public peace of the church and of the island, and of the dean's authority ; and that if you cannot reduce them to a better temper, you shall send or bind them over to appear at our council table, there to be proceeded against according to their demerits and offences. Given at our honor of Hampton Court, the fifteenth day of July, in the fourteenth year of our reign." No resistance was offered to this order, and Mr. Saumarez was duly installed in the office of dean, but the people secretly retained their old affection to presbyterianism, and the following order in council, dated the 24th of July, 1665, seems to imply that the strong hand of royalty was again needed to enforce the liturgy and discipline of the anglican church : — " To our trusty and well-beloved, we greet you well. Our trusty and well-beloved the dean of Guernsey having given us to understand the great readiness and affection you have shown heretofore to estabhsh the discipline and government of our Church of England in that, our island, we cannot but take notice of it, as an endeavour which has been very pleasing and acceptable to us, not only very much conducing to the advancement of God's holy worship, but to the good and quiet ness of that place ; and, accordingly, we have thought fit, upon the said dean's return to you, to will and require that, wherein he may have need of it towards perfecting so good a work and the maintenance of his ecclesiastical jurisdiction, according to his commission, and the instructions he has received from the Right Reverend Father in God, George, lord bishop of Winchester, all the authorities be aiding and assisting to him, the said dean, wherein you will do us very good and acceptable service ; and so we bid you farewell." The terms in which this order is worded, clearly show that the people had none of the " great readiness and affection towards the discipline and government of the Church of England " which Charles thought it 344 ECCLESIASTICAL HISTORY. politic to ascribe to them : had they been as docile as they were represented to be, there would have been no necessity for again calling on the authorities to support the authority of the dean. This document was presented to the royal court on the 19th of August, 1665, and it seems to have produced very little effect, for six years afterwards, on the 4th of October, 1 671, Dean Saumarez presented the following order to the same tribunal : — " Charles Rex. — Trusty and well-beloved, we greet you well. Whereas it has been humbly represented to us by our trusty and well-beloved John De Saumarez, doctor of divinity and dean of the island, that he has reason to fear, without public countenance and support from you, he will meet with some difficulty in causing the orders of the ecclesiastical court there to be put into due execution, for the suppression of factions, conventicles, and other notorious and contumacious dis turbances of the peace of the church, whereon the peace and quiet of that island in so great a measure depends ; we have taken the same into our consideration, and being highly sensible how much it imports the good of that, our island, that the civil power be in all things aiding and assisting to that of the church, in the punishment and reduction of such scandalous and open despisers, both of church and government, we have thought it fit hereby to signify our will and pleasure unto you, and to direct and require that you be in all things assistant to the dean of that island in his regular and due proceedings, according to the orders of the ecclesiastical court, for the suppression of all such stubborn opposers of conformity and true religion ; and more particularly that, whenever any minister shall presume in his sermons and prayers to meddle with civil and secular affairs (which by dreadful experience has been found to be matter of dangerous consequence), or add any thing of his own to the known and public liturgy of the church, you do, upon complaint or request on that behalf made from our said dean, afford him your assistance and countenance therein, towards the speedy prevention of any such presumption in future, and the punishment of the person or persons who shall in such manner offend. And so we bid you farewell. Given at our court at White hall, 8th of September, 1671, in the 23d year of our reign. (Signed) "Arlington." The non-conformists still appear to have shown strong reluctance to accept the anglican form and discipline, for on the 24th of March, 1676, the royal court were again ordered to assist the ecclesiastical court, and see that the churches were kept in good repair. At the same time it was ordered that prayers should be read twice every day in the town church. On the 8th of September following, an order in council commanded the royal court to assist the dean against sectarians, and those ministers who alluded to civil and secular affairs in their sermons, or who introduced any additions to the liturgy. ECCLESIASTICAL HISTORY. 345 We again find Dean Saumarez, on the 14th of April, 1677, presenting another order in council, the object of which was still further to strengthen the ecclesias tical jurisdiction of the Church of England within the bailiwick : — " Charles Rex. — Trusty and well-beloved, we greet you well. Having taken into our consideration the good effects of the government of the church, as the same is established in our island of Guernsey, and being desirous, by all fit means, further to secure and provide for the peace and welfare thereof, we have thought fit, upon the humble representations made to us on that behalf, to recommend the following directions to your care, and do hereby will and require : — (< ' That, after the ecclesiastical court has proceeded so far as ex-communication against contumacious persons, the civil magistrates, upon certificate thereof from the said court, be aiding with their authority to reduce them to obedience, in such manner as may be required by the canons of our island of Jersey. " ' And, whereas we are informed, that the monies appointed for the dilapidated state of the churches of that, our island, are not sufficient for the accomplishment of that work, our will and pleasure, therefore, is, that upon certificate thereof, under the seal of the ecclesiastical court, the baihff and jurats, at the request of the churchwardens of the respective churches, make an assessment for that purpose, taking care that the same be levied as heretofore has been the custom on similar occasions. " ' And our further will and pleasure is that, for the better edification of the people of that, our island, prayers be continually read morning and evening at canonical hours, in the church of our town of St. Peter, according to the rubric of our liturgy ; and the same salary is to be paid to the reader, as was paid and allowed immediately before the settling of the liturgy, such deductions only out of the said pension excepted, as, upon a complaint to the ecclesiastical court of the reader's not attending the said service, by himself or another, shall from time to time he judged reasonable to be made. " ' And, lastly, our will and pleasure is, that our former orders for the suppres sion of conventicles and punishment of the disturbers of the peace of the church be duly executed ; and that all our officers and ministers, as they shall be thereunto required, be aiding and assisting to the dean of that, our island, or his deputy, in the maintenance of the discipline of our church and the liturgy thereof.' " On the 1 1th of December, 1678, King Charles the Second addressed the following order to the bailiffs, deans, and jurats of the islands of Guernsey and Jersey : — " Trusty and well-beloved, we greet you well. Whereas our royal father of happy memory, for the encouragement of learning in our islands of Guernsey and Jersey, did found and endow three fellowships in our university of Oxford, to be, from time to time, supphed by persons born in our said islands, and upon all vacancies to be nominated by you, the bailiffs, deans, and jurats of the said islands, under such rules and limitations as, by his charter of foundation, it doth more at large appear. And whereas the present Lord Bishop of Winchester, for the afore said end and purpose, has lately founded and endowed five scholarships in the said university, to be, from time to time, in hke manner, supphed by the nomination of you, the bailiffs, deans, and jurats of the said islands, and under the hke rules and hmitations as above mentioned. For the rendering both foundations most subservient to this designed end, our will and pleasure is, that in the nomination of fellows into places which shall be hereafter vacant, such shall be preferred as 346 ECCLESIASTICAL HISTORY. have been formerly nominated to their respective scholarships, and have, by their good carriage and improvement in learning, fitted themselves for the employments which belong to fellows in their respective societies, and given hopes of their future proficiency." The following is the substance of the charter, or indenture of foundation for these scholarships : — " 1. — George Morley, bishop of Winchester, founds five scholarships at Oxford for the islands of Guernsey and Jersey. " 2. — This he does for the encouragement of virtue, education, and the advance ment and propagation of true religion in ±he said islands, forming part of his diocese, and with the intention of animating the said scholars to qualify themselves to be advanced to the rank of fellows. "3. — The sum vested in the Dean of Christchurch, and the Chapter of Pem broke, for this purpose, is sixty-eight pounds, eleven shillings, and nine pence sterhng. " 4. — The dean and chapter shall receive, annually, sixty pounds sterhng ; the remainder being otherwise disposed. " 5. — Five scholars of the college of Pembroke, natives of the isles of Guernsey and Jersey, shall each receive ten pounds sterling out of this donation, and the said scholars shall be called Bishop Morley's scholars. " 6. — There shall be paid to the principal of the college, forty shillings per annum for the apartment of each scholar. " 7. — The revenue of vacant scholarships shall be applied to the use of the said college of Pembroke. " 8. — The engagement of the college to receive the scholars is thus worded : — That they, the said master, fellows, and scholars, shall and will, from time to time, and successively for ever, admit and receive into the said college five scholars, born, and to be born in the said islands of Guernsey and Jersey, to be called Bishop Morley's scholars. " 9. — The dean, bailiff, and majority of the jurats of the respective islands shall nominate the scholars. " 10. — Three of the scholars shall be natives of Jersey, and two of Guernsey. " 11. — A scholarship shall be vacant by death, resignation, promotion, removal, and always after the lapse of ten years. " 12. — Thirty days after a vacancy, notice shall be given to the dean, baihff, and jurats, that they may supply it. " 13. — The scholars must be duly qualified before election. " 14. — The scholars are not to retain the appointment more than ten years, nor after having obtained a living, or any other emolument ; and they are to be resident in coUege. " 15. — They may obtain permission to travel in France. " 16. — But they shall solemnly promise to return to the islands to serve the pubhc, as preachers, or schoolmasters, or otherwise. " l7. — At the age of twenty-one, each scholar shall solemnly hind himself, before the dean and the bailiff, in a penalty of two hundred pounds, to fulfil his engagements. Such as refuse shall not be admitted. " 18. — Such as have attained the age of twenty-one, and refuse to ratifiy their promise, shah be deprived of then- appointment." During the short reign of James the Second, an attempt was made to introduce the doctrine and dis cipline of the Church of Rome, but it was vigorously and successfully resisted, and the accession of William and Mary to the English crown secured the principles ECCLESIASTICAL HISTORY. 347 of the reformed religion in Guernsey. In 1699, the Bishop of Winchester forwarded canons and ecclesias tical constitutions to Guernsey, Sark, and Alderney, calling on the clergy to state their objections, if any were entertained. They were partly founded on those of Jersey, though they contained some new points, and were most unfavourably received. Their nature will be best understood by recording the objections made by the clergy to the respective clauses. The letter of the bishop first promised an amnesty for the past. To which the clergy answered — " We do not think we need an amnesty, because, since the discipline of the anglican church has been established in the islands, we have always governed ourselves by the canons of that church, in conformity to our oath. There has been no complaint against us on that account, and where there is no fault, there can be no necessity for amnesty or pardon." With respect to the canons, they observed generally on the whole of them, that they were copied word for word from those of Jersey, with the exception of cer tain omissions in reference to the authority of the dean and clergy, to the prejudice of Guernsey ; and that they never intended to adopt the canons of Jersey, but simply and purely the anglican discipline : — " Canons 1 and 2. — The two first canons seem superfluous for insertion into the new canons proposed for us, since they are in substance only a repetition of those of the anglican church, which we have sworn to observe and cause to be observed ; our oath to that effect is sufficient. " Articles 3 and 4. — We may make the same remark on these two canons for the regulating divine service : they are not new canons ; and, since we are obliged to preserve their provisions by the oath we have taken to obey the canons of the Anglican Church, these proposed can impose oh us no additional obligation. If a conventicle is established, the canons do not point out how it can be suppressed. The rector of the parish must tolerate it. This is one of the general defects of the canons proposed, that they omit fixing any penalty on transgressors of the rules they prescribe, which is not the case with those of the anglican church. This evil it will be imposible for us to remedy, if discipline has no hold on us as it is pretended. The same canon is also defective, because it only enforces respect for divine service ; it ought to extend to sermons and other pious exercises. " Article 5. — It were to be wished that this canon were observed, but it appears impossible in this island. In all the parishes there is not one individual who would attend pious services on week days, the greater part being occupied in cul tivating their lands, as those who importuned for these canons are well aware. " Article 7 related to the communion. The clergy proposed to add, that no minister should be obhged to baptize in houses, unless a child was in danger of death ; and they stated that this practice had become too prevalent in the island. " Article 8.— The canon seeks to compel every parishioner to take the sacrament three times in a year ; but in case of his refusal, the penalty to be inflicted should 348 ECCLESIASTICAL HISTORY. be pointed out, especially as there are many persons who never communicate once in several years, and others during life. It is also proposed that kneeling be observed, as prescribed by the liturgy of the Established Church. " Articles 11, 12, 13, and 14. — These canons are deemed superfluous, they being already maintained as belonging to the anglican church. " Article 15. — This is objected to, because it orders the clergy to preach two sermons on Sundays, the evening one to be on the catechism, which the rectors are not bound to perform, — which would be an innovation and an insupportable burden. They are already obhged to read divine service, and deliver their sermons extempore ; but this canon surcharges the ministers. It says : ' after noon, they shall examine and instruct youth in the catechism of the book of common prayer.' It is to be presumed that no one would be present. If the ministers are constrained to read divine service and preach a sermon in the morning, the majority of the parishioners would not attend church. The ministers are now obhged to perform the offices of religion between one and two to please the people ; if the proposed canon were adopted, none would frequent the church either in the morning or the evening. With respect to the town, this canon might be executed, unless it were turned into mockery by saying that nothing but the catechism was preached in the afternoon. "Articles 16, 17, and 18. — These are deemed superfluous, being copied from those of Jersey. " Article 19. — This proposes to retrench the rights of the rectors, and divide the fees paid for burials within the church between the ministers and the tresor; up to this time the tresor has never participated in, or claimed, such fees. Were the benefices sufficiently opulent, and did frequent burials take place within the church, there might be some pretext for this canon ; but the benefices are scarcely worth fifty pounds sterhng per annum, and one of these burials does not take place annually in every parish in the island. Moreover, the churchwardens have never pretended to any such claim. " Article 21. — The nomination of the dean does not fall within the province of the rectors, nor does it become them to inquire whether he is lax in opposing heresy, or incapable. Neither the dean nor the vice-dean have ever sworn before the civil court rightly to perform their duties, nor registered their patents or com missions. The contrary rule is stated in the 127th canon of the anghcan church. "Article 23. — This canon relates to jurisdiction in criminal cases. The dean and the ecclesiastical court can only have cognizance of the majority of crimes by appeal, or by a report furnished by the rector of the parish in which the delinquents reside ; the magistrates can only know them after they have been sent to them by the ecclesiasticial court, as meriting corporal punishment ; but the civil court pretend to the contrary, claiming jurisdiction over cases which happen in the church, without awaiting the judgment of the ecclesiastical court. " Article 24. — Day labourers receive more for their work, than a minister does for his visitations. This is dishonouring the ministry. It would be better that they did not charge anything, rather than offer them a remuneration unworthy of their character. " Article 25. — It is contrary to the canons of the anghcan church, interferes with the authority of the dean, and opposes the usage of the island. " Article 26. — This article should be limited to those who are about to enter the ministry, for those who are already in orders, are not obhged to give any proofs of their capacity ; as to their conduct, since many come here who are only known to the patron of the living, the clergy of the island cannot answer for them. This canon, moreover, attacks the rights of the patron, and might create jealousies and resentments among the clergy. " Article 27. — The dean alone, according to the usage of the island, and the canons of the anghcan church, as weh as that of Jersey, can alone approve and testify wills ; and if their validity is contested, the matter must be decided by the ecclesiastical court. " Article 28. — This canon takes from the ecclesiastical court its natural right and transfers it to the civil court ; and why should not the former judge of the property ECCLESIASTICAL HISTORY. 349 in sittings in the church, the rights conferred on such sittings, the validity of objections raised against them, and the title by prescription, as well as the latter, and as this has always been practised. It is in the registers of the former that the donations of such sittings, and the titles which prove the rights of individuals, are contained. It thus falls within the province of the ecclesiastical court to judge of what has been done, and decided by its own authority. Moreover, a prescription of forty years would furnish many subjects of dispute and scandal. " Article 29. — This canon takesfrom the dean cognizance of abstractions of tithes. " Articles 31, 32, and 33. — These three are in substance those of the Anglican Church. " Article 34. — This canon subverts all the rules hitherto observed in the distribu tion of the tresor ,- and contradicts the order of Charles the Second, given to the late Mr. Saumarez, dean of this island ; and it takes from the present dean and his suc cessors all proper cognizance, as he will not alone superintend the auditing of the accounts. Moreover, should the principal inhabitants make a bad use of the tresor, what can the minister do against them ? They generally assist in making up the accounts, and if there are abuses, they can point them out ; in which case they may appeal to the ecclesiastical court for a suitable remedy ; but they have no right to expend the tresor as they please. The dean and rectors alone are competent to judge of the accounts of the tresor ,- if they abuse their duty, a remedy may be found through the ordinary channel. The churchwardens are to govern their conduct by the advice of the dean and rector of each parish, and not by the advice of the principal inhabitants of the parishes ; this right has from time immemorial belonged to the dean and rectors. " Articles 35, 36, and 37. — We make no objection to the first canons ; but the 37th seems to lose sight of the right which the rectors have of distributing to the poor certain alms as he may judge proper, and according to circumstances. Moreover, this canon does not state that the collectors cannot distribute alms without the advice and consent of the rectors ; it even seems, by the terms in which the canon is worded, that they can give alms without consulting the clergy. " Articles 44. — We do not see any reason for removing the greffier of the eccle siastical court, nor why he should not be one of its assessors. This practice has obtained ever since the discipline of the anghcan church was introduced into the island. It would, moreover, be a marked affront to the present greffier, who has discharged the duties of his office with honour for thirty-eight years, if he were displaced. It seems also to us, that a clergyman is most likely to be well versed in the forms and procedure of the church, and more attached to his order than a lay man, who might often betray the secrets of the clergy. Also the proctors ought to be chosen by the dean, as well as the greffier. "Article 45. — This canon also attacks the independence of the ecclesiastical court ; it already has two proctors, and we object to any other person pleading in the court. " Article 46. — This canon is very disadvantageous to the clergy ; if it is enforced, it must diminish, if not annihilate, the rights of the dean and rectors, and cause great disputes. The intention of the people of this island is to fritter away those rights, which already are sunk so low that we cannot speak of them without blush ing. It is quite as unbecoming that any part of our rights should be defined or controuled by the civil court, as if we were to interfere with the rights of the civil judge. We have our own rules, and we demand to exercise the same customs as belong to our diocese, for hcenses, dispensations, marriages, and burials. If we violate the laws of the state, then let the civil court have cognizance, and deter mine what belongs to us. Our rights are fixed by the canons, and by the constant usage of the anghcan church, of which we are members ; wherefore we claim the same privileges, without requiring any new canon, or without the magistrate modi fying what is settled. We are persuaded that the magistrates would never enforce the payment of fees for marriages and burials, since they already refuse to pay them • and let all the world grumble as they please at hcenses, the cost is a trifle ; the dean receives six shillings and eight pence, and the notary three shillings and four pence. All that can be alleged to deprive us of these dues, is the pretext 350 ECCLESIASTICAL HISTORY. that the people are poor, as if there were not persons in the island of easy circum stances, and as if the people did not live as well as those of England. The real object is the humiliation of the clergy, there not being a family who would freely give thirty pence to a rector for his marriage. We desire, therefore, that the table of fees should be fixed by the clergy, or that they should be the same as those which are paid in the diocese of Winchester, and that they should be authorized by our diocesan." This document shows that, up to 1699, presbyte rianism still influenced the people of Guernsey ; but, by degrees, they were induced to adopt the service and discipline of the Church of England, though, as recently as 1755, the dean was obliged to have re course to the civil power to enforce the reading of the litany, and to this day the surplice is not used in the parish churches, although it has been introduced of late years into some of the chapels of ease. Notwithstanding the endowment of the three fel lowships and the five scholarships at Oxford, of which we have made mention, we find the following acts of the royal court : — " May 14, 1723. The court having judged .proper to allow again to the son of Mr. Thomas Williams, student at Oxford, the sum of 400 hvres tournois, to continue his studies the present year, to be taken from the revenue of the fund given to the poor by the late Mr. John De La Cour, Mr. Thomas Fiott is desired to give the said sum to the said Williams. " Chief Pleas, April 13, 1724. The court having taken into consideration the petition of Thomas Williams, has judged proper to allow again to his son the sum of fifteen pounds sterhng, to finish his studies at Oxford, which sum shall be levied from the revenue of the fund given by Mr. De La Cour, and from that given by Mr. Thomas De Lisle to poor scholars." In 1735, an order in council settled a disputed point between the clergy and the royal court, as to the seat of the former in the states. It directed " that the clergy of his majesty's said island of Guernsey be restored to their usual seat on the left hand of the bailiff, or lieutenant-bailiff, in all assem blies of the states in his majesty's said island of Guernsey, and that the aforesaid act or order of the royal court, whereby fines have been imposed upon the clergy for their non-attendance in the assembly of the states, be reversed and set aside, and the said fines restored to the petitioners in case any have been paid." ECCLESIASTICAL HISTORY. 351 A dispute of a similar character, though relating to the dean alone, was settled by an order in council of the 26th of June, 1 760. The Bishop of Winchester, and the Earl Delawarr, governor of Guernsey, repre sented to the board : — " That the dean of Guernsey is always appointed by the governor of the island immediately under the king, and, when made so, is always constituted by the Bishop of Winchester, his commissary or judge of the ecclesiastical court of that island, and has ever enjoyed the privilege of being summoned as a member of the states of that island, and giving his vote in them ; but it appears that the royal court of Guernsey have refused to summon the present dean, or to allow him his vote, demanded by him, and never denied to his predecessors, and, therefore, they humbly request that orders may be given for granting to the present dean all the power and privilege which his predecessors, in the same office, have always enjoyed. Which representation having been this day taken into consideration, it is judged proper to order, and it is hereby accordingly ordered in council, that the present dean of the island of Guernsey do hold, possess, and enjoy ah the power and pri vilege which his predecessors in the same office have, at any time heretofore held, possessed, and enjoyed." The dean, however, as such, has no right to a seat in the states, as he only enjoys that privilege in virtue of any rectory that he may hold in the island. From this period the ecclesiastical history of the island presents no events sufficiently important to merit record, till 1818, in the summer of which year Dr. Fisher, bishop of Salisbury, visited the Channel Islands, in the Tiber, a 46-gun frigate, being the first protestant bishop who had ever landed in them. He acted for the Bishop of Winchester, who, from age and infirmities, was incapacitated from crossing the channel ; and during his stay in Guernsey he confirmed a vast number of the natives, old as well as young, and consecrated the new churches of St. James and Torteval. Dr. Sumner, the bishop of Winchester, next visited this portion of his diocese in 1829.* In 1828, Sir John Colborne, lieutenant-governor of * Charles the Second granted to Dean Saumarez (the first appointed to that office after the restoration,) an official seal, on which is represented tbe town church, with his majesty robed and crowned, seated near it, holding the sceptre in his right hand and the orb in his left, and bearing this inscription: "Sigil. DecanatQs Insuke de Guarnzey. Restauratus Restauro, 1662." On the battlements ot the church is a shield with the Guernsey arms. This seal was withdrawn on the decease of the late Dean Durand, in 1832, when the lieutenant-governor nominated the Rev. N. Carey, rector of St. Peter- Port, dean, and the Bishop of -Winchester appointed the Rev. T. Brock, rector of St. Peter-in-the-Wood, as his surrogate, the offices of dean and surrogate having previously, with two or three exceptions, always been united. This ancient seal was in consequence necessarily substituted by another bearing the words — " The seal of the commissary of the Bishop of Winchester." 352 ECCLESIASTICAL HISTORY. the island, was extremely anxious to abolish the small tithes and champarts, and increase the salaries of the rectors, as the amount of the corn tithes had mate rially diminished. His plan was to distribute the tithes over all cultivated lands, instead of demanding it on one kind of produce, liberating every parish from payment of champart, and removing a frequent cause of dispute between the rector and his flock, by commuting the small tithes, besides tending to pro mote the agricultural prosperity of the island. He wished to give every resident minister about £150 per annum, and the curate of Torteval £80 per annum. The lieutenant-governor requested Mr. Brock, the bailiff, to submit a plan to the states for carrying this measure into effect, and a billet d'etat was pub lished on this subject on the 26th of June, 1828. This state paper is a masterly production, and we shall put forward at length the arguments of the chief magistrate. He commenced by observing that tithes had always been regarded in every country as one of the greatest discouragements to the clearing and improvement of land. United to champart, they were the scourge of the country and most hurtful to society, as arresting the progress of agriculture, the source of all wealth. In Guernsey, the tithe on corn is the eleventh sheaf, and champart the twelfth, so that the two abstract a sixth of the net produce, without at all contributing to the cost of culture. Taking that cost to equal one half of the crop, the tithes and champarts amounted to a real possession of one-third of all the land under corn cultivation. Such was their effect, that potatoes had almost wholly superseded corn. After these preliminary remarks, the bailiff entered on the subject of the small tithes. He stated that the canon law formerly compelled the payment of tithe, not only on all the produce of the soil, but also on the profits of trade and the produce of industry. ECCLESIASTICAL HISTORY. 353 Though this obligation was in most respects abolished, it was still binding on the fishermen of Guernsey. This remnant of the old extortion was justly de nounced as cruel to that most laborious class of men, and most injurious to an island, whose fishermen formed a nursery for seamen and pilots. The bailiff then exhibited the following statistical details : — The superficial measurement of Guernsey is 24 square miles ; each mile of 640 English acres, and each acre of 43,560 square feet. So that the whole contains 15,360 English acres, or 37,929 Guernsey vergees of 17,640 square feet. From these 37,929 vergees. Deduct one-third for rocks, sands, and places not susceptive of 1 ,„ kah culture, houses, public buildings, roads, &c J ' " There remain in culture, or susceptive of culture 25,286 vergees. The agricultural society somewhat exceed this esti mate, and they raise the whole available surface of the soil to 26,000 vergees. By an exact computation, and taking as a mean term the twenty-one years which commence in 1805 and terminate in 1824, both those years included, the great tithes and champarts due to the crown have, one year with the other, paid — To the crown £1,177 19 3 Totheclergy 330 0 0 Amount of great tithes and champarts 1 ,507 19 3 Small tithes to the clergy 163 10 0 £1,671 9 3 If all lands owed champart, and owed it to the king, the equal division of this amount, which may be taken at £1,672, spread over 26,000 verge*es, might easily be effected ; but there are some lands which owe it to the king, others to the lords of fiefs, and others which are free from the assessment. Of those which owe it to the king, there are 2,727 vergees at the Forest, St. Martin, and Putron, which, for nearly one hundred years, have paid an equivalent of five sous and a-half z 354 ECCLESIASTICAL HISTORY. per vergee in lieu of champart. These distinctions prevent a general equalization of tithe and champart. We must first confine ourselves to tithes only, and rate them thus : — 26,000 vergees, at one shilling per vergee £1,300 0 0 2,727 vergees, at five sous and a half • • • 53 11 5 The remainder, divided among other lands owing champart to the king 318 8 7 £1,672 0 0 This excellent plan, just in principle, simple of execution, and conducive to the real interests of agri culture, was rejected by a majority of the states. When the sinecure office of governor was abolished in 1835, another effort was made to augment the value of the livings from the tithes previously paid to the governor, and it was successful. On the 19th of August, 1836, the privy council, on a representation from the lieutenant-governor, reported to his majesty that compensation for the tithe on fish ought to be made at the rate of £10 per annum to each of the rectors of St. Peter-Port, St. Sampson, St. Mary de Castro, St. Saviour, St. Peter-in-the-Wood, Torteval, the Forest, and St. Martin ; and at the rate of £20 per annum to the rector of the Vale. And, on a re presentation made by the clergy, it was also ordered that a further appropriation to the extent of £550 per annum, out of the remaining portion of his majesty's tithe, should be divided into eleven equal shares, according to the scale hereto set forth, exhibiting the former incomes and the proposed augmentations thereto. The following scale is exclusive of the glebe houses, but inclusive of the glebes : — Former Augmentation. In lieu of tithes Present Income. Shares. on fish. Income. St. Peter-Port £370 2 £10 £480 Vale 65 1 20 135 St. Sampson 65 1 10 125 St. Mary de Castro 106 1 10 166 St. Saviour 90 1 10 150 St. Peter-in-the-Wood ... 90 1 10 150 Torteval 42 1 10 102 Forest 41 1 10 101 St. Martin 100 1 10 160 St. Andrew 102 1 nil 152 ECCLESIASTICAL HISTORY. 355 The privy council also deemed it adviseable that the united parishes of St. Sampson and the Vale, and of the Forest and Torteval, should be separated at their next avoidance respectively ; and that, in the mean time, curates should be appointed, who are to reside and perform duty in the two parishes where the rectors do not reside. Lecanu, whose History of the Bishops of Coutances we have already cited, makes the following remarks on the ecclesiastical history of the Channel Islands : — "-Several dioceses claim the primitive jurisdiction over the Channel Islands 5 first, that of Dol, in Brittany, on the ground that their inhabitants were converted by St. Maglorius, bishop of Dol. Some Enghsh historians adopt this opinion, and add that they were re-united to the bishopric of Coutances, by Wilham the Con queror. But we do not think that it could have been thus ; first, because our St. Marcou had converted part of the inhabitants, and founded a religious house in Jersey before the arrival of St. Maglorius ; next, because St. Maglorius was merely abbot of Dol, but not bishop, that town not being raised to the rank of a bishopric till long after his time ; thirdly, because neither William the Con queror, nor any other prince, ever had the right of withdrawing any territory from its lawful bishop to bestow it on another. " Father Thomas Leroi thinks, in his turn, that the islands once belonged to the diocese of Avranches, and he founds his opinion on the fact of the bishopric of that town having possessed great revenues in them. But this reason is in no respect plausible. " We incline to beheve that they at all times formed part of the diocese of Coutances, and that to this hour they still form a part, having never been severed except by heresy. The catholic bishop of the district of London, under whose jurisdiction they have been placed, is rather an extraordinary administrator of the dioceses in his district, than a prelate having ordinary jurisdiction. " This leads us to examine another question ; several authors speak of a bull of Alexander the Sixth, which detached them from the diocese of Coutances, to unite them to that of Winchester. That bull, which ought to be found in the registries of Langton, bishop of Winchester, has been transcribed by M. Lefranc, in his memoirs, and by Philip Falle, in his History of Jersey. But, besides its authen ticity having been questioned by many writers, those who report it, or speak of it, do not agree as to its date or chronology ; some fixing it in 1470 ; others in 1490 ; others, again, in 1499. Moreover, it is not inserted in the collection of bulls j finally, it never was known at Coutances, never executed at Jersey or Winchester.* " In fact, confining ourselves to some of the administrative acts which prove the exercise of the jurisdiction of the bishops of Coutances posteriorly to the year 1499, we shall only cite the following : — On the 25th of August, 1531, Wilham Quetil, vicar-general, and administrator of the diocese under the episcopacy of Philip De Cosse, named, as vicegerant of the deanery of Jersey, John L'Arbales- tier, curate of St. Peter, and of the Holy Trinity, in that island. In 1532, the same vicar-general conferred the cure of St. Clement on Thomas Theil, named by the officers of the king of England. In 1538, Philip De Cosse bestowed on Peter Pinchon, bishop of Porphory, the right of there conferring orders. William Plees, in his History of Jersey, says that the last cathohc dean, whom he names N. * M. Buhot, professor at the seminary, has had the goodness to assure himself that this bull is not on the registry. There exists a copy of this collection in the public library at Coutances. The bullaire is the collection of all the bulls published down to Benedict the Fourteenth, and collected by order of the Sovereign Pontiff. z 2 356 ECCLESIASTICAL HISTORY. Poulet, was dispossessed in 1566 ; he adds that, during fifty-five years, the island was without a dean, and without any form of worship -, but at that epoch it was withdrawn from the jurisdiction of the bishop of Coutances, and subjected to that of the Bishop of Winchester. It was so in fact, but by an ordinance under the reign of James the First ; and that Bishop of Winchester is the anglican bishop, which in no respect prejudices the rights of the catholic bishop. There is more ; this annexa- tion by ordinance proves the fiction of the bull, for there would have been no need of an ordinance, if the annexation had existed for more than a century, the angh can dioceses having remained the same as the catholic. It is therefore probable that this bull was not fabricated till after the ordinance, and to give it the sem blance of legitimacy." The parochial churches are commodious edifices, and Doctor Sumner, the present bishop of Win chester, has repeatedly said, that no churches, in any part of his diocese in England, are maintained in such good repair. The interior of that of St. Peter-Port presents a very cathedral-like appearance, and is well worthy the visit of strangers. The ecclesiastical history of Guernsey would be incomplete, if limited to the Church of England. Dicey, who wrote in 1750, says: "Dissenters they have none." The state of religion, since that period, has undergone a wonderful change, for, at the present time, nearly half the population may be said to be dissenters. The first who established themselves were the quakers or friends. This society was formed at Guernsey, in 1782, by Claude Gray, from Barking, in Essex. He was educated in the roman catholic faith, the principles of which he abandoned at Jersey, and embraced those of the friends. He was imprisoned, and then banished from Jersey, in 1741, for main taining his religious scruples. He returned to that island, when he was imprisoned and banished a second time ; but the sentence was reversed by his majesty in council, with permission to return and reside in Jer sey. He settled in London in 1745, and then went about travelling as a minister ; and, visiting Guernsey in 1782, he established the quakers' society. The friends have a small chapel at Clifton, in the town of St. Peter-Port, capable of containing 180 persons. They have also a cemetery of their own at Les Vardes, and are the only body of dissenters that possess one. ECCLESIASTICAL HISTORY. 357 The Methodists made their appearance in the Chan nel Islands in 1783, commencing their labours in Jersey. The following circumstance led to their visit. A few soldiers, who had heard the gospel preached at Winchester and Southampton by methodist lay preachers, being stationed at Jersey, asked some serious persons, whom they perceived were also de sirous to establish English preaching, if they were willing (being Calvinistic Baptists) to receive a preacher from Mr. Wesley's connexion, if one could be ob tained. The latter consenting, the soldiers wrote to Mr. Egan, a lay preacher in England, requesting him to submit their case to Mr. Wesley. When John Wesley received the letter, he was on an excursion, in company with a gentleman of fortune, liberality, and piety, named Brackenbury, who had joined the society some years before, and preached in that connexion. Mr. Brackenbury, being acquainted with the French language, viewed the request of the soldiers as a pro vidential opening for preaching the gospel in the Channel Islands, and instantly offered his services, which were accepted. Accompanied by a young man of piety and talent, named Alexander Kilham, whom he had chosen as his travelling companion and as sistant in the ministry, and who afterwards became one of the founders of the Methodist New Connexion, Mr. Brackenbury arrived at Guernsey in December, 1783. Here they were welcomed by a number of pious soldiers, probably of the same regiment as those quartered in Jersey, to whom they preached in the barracks. After remaining here a few days, they proceeded onwards to Jersey. "We soon found," observes Alexander Kilham, in his journal, " some of the soldiers who were pious, who rejoiced to see us, and received us with gladness. They conducted us to the house of one of the very few that feared God in this place." Not having a convenient room for their meetings, and most of the people not understanding 358 ECCLESIASTICAL HISTORY. the English language, they experienced considerable difficulty in the prosecution of their mission. They could preach only at St. Helier's, and at the bar racks and fort among the soldiers ; but to the latter places they were soon denied access by an order from the governor. They then exercised their ministry, first in an old religious house near the sea, and after wards in a large hired room. The demon of per secution, however, soon raged most fiercely, »and the lives of the two preachers were at times exposed to imminent peril. They were assailed with showers of stones and other missiles, and on one occasion, when Mr. Brackenbury was preaching, fire and gunpowder were thrown into the meeting room, the windows of which were smashed to pieces. To the credit, how ever, of the dean and other influential individuals, who interceded in their behalf, the madness of the people was restrained, and liberty of conscience was for a time encouraged and protected. About two years afterwards, or in 1785, Mr. Brackenbury paid a visit to Guernsey, when he preached in several private houses, — but principally at Mon Plaisir and the Terres, — as well as out of doors, to numerous and attentive hearers. Soon afterwards, the Rev. Dr. Coke, another methodist minister, visited Jersey, and on the favourable report that Mr. Brackenbury gave of his sojourn in Guern sey, he also came to this island, and laid the founda tion of the methodist society, by joining twelve per sons in church membership. Dr. Coke was followed by Mr. De Quetteville, a lay preacher from Jersey, and in 1786, the late Dr. Adam Clarke was appointed by John Wesley to preach in these islands. At first, his preaching was well received, both in town and country, the people attending in crowds, and listening with devotion ; but when the good work had assumed something like a tangible form, a violent storm of persecution arose. The places in which the new ECCLESIASTICAL HISTORY. 359 sectarians worshipped, were frequently surrounded by numerous mobs, who threatened to pull them down, and they could not retire to their homes without beings pelted with stones and other missiles. To Dr. Clarke the most violent personal indignities were fre quently offered, which more than once endangered his life. His biographer says — " One Sabbath day he went to preach at the Vale, a part of Guernsey which, at high water, was surrounded by the sea, and attainable only by a sort of causeway. He was accompanied by three gentlemen, two of whom were naval officers, — the whole party being mounted. They found the avenue to the causeway in the possession of an unruly multitude, with drums and horns, and other weapons more strictly offensive. Avoiding the usual road, they forded the water at some distance from the causeway ; and Mr. Clarke had nearly finished his discourse before the mob arrived to molest him. As soon as they appeared, his gallant companions forsook him and fled ; and his bridle was immediately cut to prevent him from galloping after them. He then dismounted, and, gaining an eminence, proceeded to address them. The drums and the horns ceased ; and, with the exception of a few stone-throwers in the outskirts, who, however, were not permitted to hit their mark, the multitude gave him a respectful hearing ; and, after detaining him about an hour, dismissed him without further molestation. " In Jersey, he suffered a more serious attack. Several hundreds of persons, well armed and desperate, surrounded the house in which he was preaching. It was a wooden building. Their aspect was so menacing that all the congregation, excepting the members of the society, who amounted to thirteen persons, fled from the house. The mob now declared their resolution to pull down the house, and bury the inmates in the ruins. Mr. Clarke continued his address ; and, while he was exhorting his httle audience to trust in the delivering power of God, a pistol was presented at him through the window, and twice missed fire. Perceiving that some iron-crows were sapping the foundations of the house, Mr. Clarke resolved that he would surrender himself to the mob, in order to save his hearers from their fury. They entreated him to remain, but, followed by a stout young man, who volunteered to accompany him, he sallied forth. As he left the door-way, he en countered a tremendous volley of stones and dirt ; but, without shrinking, he steadily walked onward, and the mob, either ignorant of his person, or paralyzed by his courage, or actually restrained by Divine power, became suddenly silent and inert, making a way for him through their midst, without attempting to do him the least harm."— Life of Dr. Adam Clarke, pp. 68, 69. On another occasion, at St. Aubin's, Jersey, a magistrate, heading the rabble, dragged him from his pulpit. The drummer of the St. Aubin's militia was summoned, who actually beat his drum through the streets, to the tune of "The Rogue's March," while the preacher was conducted by the populace to the extremity of the town, where they dismissed him with a ferocious menace that worse treatment awaited him if he ever ventured to return. He, however, told them that he would, and, at the appointed time, he 360 ECCLESIASTICAL HISTORY. did so, and began the service. The mob, finding that he possessed an undaunted courage and fearless reso lution, surrounded him, rather to admire his manly for titude, than to execute their threats ; and, permitting him to proceed in peace, they became the proselytes of the man whom they had confederated to destroy. In 1787, Mr. Wesley himself visited Guernsey, and, as he states in his journal, dined with the governor, and preached at the assembly-rooms, in the Market-place. Persecution by overt acts on the part of the mobs had scarcely commenced subsiding, when the me- thodists had to undergo a trial of a different character. It was customary at that time for the inhabitants — all of whom, between the ages of sixteen and sixty, were enrolled in the militia — to be taught military duty on the Sunday. Several of the methodists deeming this practice a violation of the fourth commandment, re fused to conform to it, and were, in consequence, repeatedly fined and imprisoned. One of them, who is still living, was, for his refusal to learn the art of war on the Sunday, incarcerated during four months at Castle Cornet, in a miserable cell which was part of the time exposed to the wind, there being no glass frame to the window, and where some of his compa nions in captivity were common felons. In Jersey, besides fines and imprisonment, they would, but for the interference of a third party, have been also subjected to banishment from their homes and father land, for the states of that island, on the 18th October, 1798, passed an act, authorising the royal court to banish from the island any who should refuse to per form militia duty according to the laws. The minis ters of the methodist societies in London, however, memorialised government on the subject, setting forth, "that the persons belonging to their societies were willing to do, with cheerfulness, every necessary military duty, not only on common week days, but also on the Sabbath day ; and in case of an invasion, EGCLESIASTICAL HISTORY. 361 were willing to be placed in front of the battle, oft any day or hour, and were also willing to devote any time the commander-in-chief might judge proper on the common week days, to learn the military exercise, and to pay all the expenses which might be incurred on that account ; but that they could not, consistently with their views and sentiments, consent to learn the military exercise, or go through the military evolutions on the Sabbath day." The memorial had its desired effect, and by an order in council, dated the 12th of December, 1798, the act passed by the Jersey states was " declared to be void and of no effect." Some years before this time, the rule had been relaxed in Guernsey, and the methodists were allowed to be taught militia exercise at their own expense, on week days. In November, 1805, an attempt was made by the Rev. Edward Gibert, rector of the parish of St. Andrew, to have militia exercises on the Sunday alto gether abolished ; and with this view he forwarded a memorial to the Duke of York, commander-in-chief of the army. The question was referred to Sir John Doyle, lieutenant-governor of the island, who ex pressed his readiness to concur in the prayer of the memorial, provided it met with the approbation of the local authorities. On his appealing to them, it was however found that the reverend gentleman was not only without a solitary supporter in the military, civil, or ecclesiastical departments, but that his views were opposed by the colonels of the militia regiments, by the royal court, and even by the dean, as head of the clergy. The commander-in-chief — who, indeed, strictly speaking, had no jurisdiction in the matter — did not think it proper to interfere. Nothing daunted, either by this failure, or by his total want of support, Mr. Gibert, in July, 1806, availed himself of a slight personal acquaintance with Lord Grenville, then se cretary of state for the home department, to present his lordship another petition on the subject, in which 362 ECCLESIASTICAL HISTORY. he prayed, either that the drilling of the militia on Sun days might be discontinued, or, at least, that the same liberty of conscience might be allowed to scrupulous members of the Established Church as had for some time been granted to the methodists. Sir John Doyle, on the matter being again referred to him, replied by merely re-transmitting the opinions given eight months before by the military, civil, and ecclesiastical autho rities, and the result was again unsuccessful. The first methodist chapel was erected in Le Mar- chant-street, opposite the court-house, in 1788. From that time, for a quarter of a century, no other place of worship was built ; but, during the last twenty- eight years, so rapid has been the progress of this sect, that no fewer than thirteen chapels have been erected ; one at St. Peter's-in-the-Wood, in 1813 ; one at the Forest, in 1814 ; Ebenezer, in New Town, 1815; one at St. Sampson's, in 1817; one at St. Mary de Castro, in 1818 ; one at St. Martin's, in 1819 ; two at St. Andrew's and St. Saviour's, in 1820 ; one at the Vale, in 1822 ; one at Torteval, in 1834 ; Wesley chapel, at the Bouet, in 1835 ; the Village chapel, near Fort George, in 1836, — and another near St. Sampson's harbour, in 1837 ; so that the Wesleyans have one chapel in seven of the country parishes, two in the remaining two country parishes, and three in the town. The rapid progress of the Wesleyans, particularly during the last twenty years, will be seen by the fol lowing returns of their numbers, as reported in the general conference minutes : — French. English. Total. In 1800 397 In 1805 ' 490 In 1810 400 177 !! 577 In 1815 450 202 652 In 1820 590 240 830 In 1825 740 310 1050 In 1830 788 266 1054 In 1835 1060 440 1500 In 1840 1063 400 1463 ECCLESIASTICAL HISTORY. 363 It is computed that the members belonging to this sect form about one-third of the population attending service in their chapels ; so that, calculating the united members of the different congregations, we have a total of four thousand three hundred persons connected with this body in the island. It is one of the peculiarities of all the methodist bodies, that the majority of their ministers are laymen. Thus, al though the wesleyans have thirteen chapels in town and country, in which service is performed twice on the Sabbath, and once on week evenings, there are but four stipendiary ministers appointed by the con ference, all the other services being performed by laymen, who labour without fee or reward. In 1836, a schism arose in this body, owing to recent regulations passed by the British conference, vesting the power of expulsion in the hands of the conference ministers, and denying to the local quar terly meetings the right to memorialize conference on connexional affairs. The result was the secession of upwards of one hundred members from the English branch of the society, and the union of most of them with the Methodist New Connexion, established in England shortly after Mr. Wesley's death. Their principal place of worship is Zion chapel, Clifton. The third sect we have to notice, is the Indepen dent. It is not precisely known when they first established themselves in the island, but that they did so before 1796, is evident from the fact that they built Bethel chapel. Not being, however, sufficiently numerous to support it, they sold it to the Established Church, and held their meetings in a large room at the Tourgand. About 1810, the Rev. Joseph Gray came over to the island, and, after he had preached some time in that room, and also in the open air, the chapel in New-street, New Town, was erected, in which he officiated for several years in the English language, and the Rev. Clement Perrot, in the French 364 ECCLESIASTICAL HISTORY. language. In 1813, another chapel, capable of con taining about three hundred and fifty persons, was built by the society at the Villette, St. Martin's parish; and, in 1815, a third chapel, affording ac commodation to about three hundred persons, was erected in St. Andrew's parish. In these places of worship, service is performed in the French language. When the English independents discontinued meeting at New-street chapel, they met for several years in a large room in Berthelot-street, and in 1823, they built a chapel at Clifton. A second English independent congregation was formed in 1830, for whose use Eldad chapel, in New Town, capable of containing about eight hundred persons, was erected in 1831. The French independents have also a chapel at St. Saviour's, which was opened in 1817, affording ac commodation to about two hundred persons. The French particular Baptists have three chapels, one at La Fosse, in St. Martin's parish, another at St. Saviour's, and a third at the Catel. The English baptists who, only in 1839, engaged a regularly or dained minister, have recently built a chapel at Wesley-road. The Bryanites (or Bible Christians) have a chapel at Vauvert, capable of containing about three hundred and eighty persons, and a smaller one in the parish of St. Peter-in-the-Wood ; and the Primitive Metho dists, who formerly held services in a large room in Pollet-street, have recently built a chapel in Truchot- street. Both these sects belong to offshoots of the wesley an body. The Unitarians meet in a large room in Allez- street. Their numbers are very scanty, the congre gation seldom exceeding fifty. The Roman Catholics owe their establishment here, as a body, to the decree passed against the French clergy, in 1793, by the national convention, when the Abbe Coulon, chaplain to Marie Antoinette, the un- ECCLESIASTICAL HISTORY. 365 happy queen of the unfortunate Louis the Sixteenth, with several other priests, found an asylum in Guern sey, and opened a place of worship at the Bordage. They afterwards occupied a large room near Tower- hill, and a very neat chapel was erected by them in Burnt-lane, in 1828. The services are performed both in English and French. The French congrega tion consists principally of the French retail provision dealers and seamen frequenting the port ; the other congregation is mainly composed of English and Irish families, and such soldiers in garrison as belong to that denomination of christians. Although the introduction of so many sects has contributed to lessen the numbers and influence of the church as to temporal matters, yet it cannot be doubted but that, by a sort of reflex operation, it has had a most beneficial effect on the energy and piety of its ministers, whom it has roused from a state of lethargy, to one of jealous concern for the welfare of the establishment, as well as for the diffusion of reli gious knowledge. Hence the extra services now performed by most of the parochial clergy. Until the last few years, only one service was performed in each country parish church on the Sabbath, — and, in those of the Forest and Torteval, and of the Vale and St. Sampson, which are respectively under the care of only two ministers, but one service each alternate Sunday in winter ; whereas now, service is performed in the town, and all the country churches, excepting the four just mentioned, twice every Sunday ; in these four, once every Sunday ; besides weekly lectures in almost all of them. Inquiries have frequently been made as to the be nevolent institutions and ecclesiastical provisions of the island, and as it may prove a matter of pleasing reflection to its inhabitants, and furnish useful informa tion to the stranger, some pains have been taken to obtain, through the best channels, the most authentic 366 ECCLESIASTICAL HISTORY. account of the subject. It will be seen, from the sub joined summary, what is the amount of provision made for the accommodation of the population of the town of St. Peter for religious worship, and what are the relative proportions for its different denominations : — EPISCOPALIANS. Sittings. Parochial church 1097 St. James's church, St. James's-street 1240 St. John's church, Amballes 600 Trinity chapel, Country Mansell 636 Bethel chapel, Manor-street 304 St. Peter-Port Sunday school 725 WESLEYAN METHODISTS. Ebenezer chapel, Saumarez-street 1074 Le Marchant-street chapel (French) 503 Wesley chapel (French and Enghsh), Bouet 250 INDEPENDENTS. Eldad chapel, Union-street 768 New-street chapel (French) 710 Clifton chapel 248 METHODIST NEW CONNEXION. Zion chapel, Clifton 554 Hospital-lane preaching-room (French and English) 194 BRYANITES (OR BIBLE CHRISTIANS). Salem chapel, Vauvert-road 380 PRIMITIVE METHODISTS. Truchot-street chapel 410 FRIENDS. Clifton meeting-house 180 ROMAN CATHOLICS. Burnt-lane chapel 220 BAPTISTS. Wesley-road chapel 200 UNITARIANS. Allez-street preaching-room 100 BETHEL UNION. Preaching-room on the Quay 200 10,593 Thus, there is no lack of places of worship in St. Peter-Port ; there being three churches, fourteen chapels, and four meeting-rooms, affording, together, accommodation for 10,593 adult individuals, out of a population of 1 5,000. If this state of things is brought into comparison with that of the most privileged town in Great Britain, it will probably stand without a parallel in its advantages . It will, perhaps, appear the more striking, if these statistics are brought into jux taposition with those of the cities of London and ECCLESIASTICAL HISTORY. 367 Westminster, and the five adjacent boroughs. The whole population is 1,434,868, for which 717,434 sittings are required, supposing accommodation for one half of the population at the same moment to be adequate provision. The seats actually provided are but 536,620, thus leaving a deficiency of 180,814 short of one half of the entire population. In the town of St. Peter-Port there is a perfect contrast, — an error, if it may be so called, on the other side : the accommodation is greater than the necessity demands, — amounting to more than two-thirds of the whole population. The contrast will be still more striking if the country parishes be taken into account, for' in these, almost incredible as it may appear, there is an aggregate accommodation for at least 8,500 persons out of a population of 1 1,000 ; and, in one or two of those parishes, the accommodation actually exceeds the population ! It is a question, indeed, whether a spot can be found in Christendom more richly sup plied, and supplied on the whole with better and more faithful ministerial instruction, than the island of Guernsey. The same remark will apply to its Sunday and other schools, of which there are, in the town only, no less than thirteen, with a total of 2,251 scholars, distributed as follows : — SUNDAY AND OTHER SCHOOLS. Established. Scholars. C™^u- Church of England.— St. Peter-Port 1820 539 £225 St. John's district 1838 370 120 Wesleyan. — Ebenezer chapel 1808 270 38 Le Marchant-street chapel (French) 1834 160 30 Independent. — Eldad chapel 1831 96 10 New-street chapel (French) 1812...... 50 4 Methodist New Connexion. — Zion chapel 1837 170 20 Hospital-lane (French) 1840 40 Bryanites (on. Bible Christians.) — Salem chapel 1829 100 10 Primitive Methodist. — Truchot-street chapel ...1831 78 6 Baptist. — Wesley-road chapel 1840 30 National school.*— Clifton-steps 1812 252 206 Infant school. — Berthelot-street 1829 96 90 2,251 £759 * The national school was established in 1812, and was then called "The school for the education of the infant poor in the island." In 1822, it took the name of national school. 368 ECCLESIASTICAL HISTORY. Indeed, the whole of the religious and benevolent institutions of Guernsey correspond to its ecclesiasti cal provisions, — displaying, perhaps, as great a supe riority in its feelings and efforts, as it has already been shown to possess in its means. The following list of its institutions, with the amounts raised an nually in their support, as stated in the reports of 1839 or 1840, will fully bear out this statement : — MISSIONARY SOCIETIES. Established Contribu tions. Church missionary society 1817 £439 Society for the propagation of the gospel in foreign parts. . . . 1839 80 Wesleyan missionary society 1818 500 London do. (independents) 1838 109 Methodist New Connexion do 1837 78 Moravian do. 1837 42 Primitive Methodist do 1831 35 Bible Christian do 1823 30 Baptist do 1840 20 £1,333 BIBLE SOCIETIES. British and foreign bible society* 1812 £420 Guernsey auxiliary to the Trinitarian bible society 1836 48 Ladies' association to do. 1831 85 £553 MISCELLANEOUS. Provident society 1834 £220 Society for the promotion of Christianity among the Jews .... 1820 180 Church pastoral aid society 1838 60 Church of England tract society 1812 f80 Irish society 1835 53 Societe evangelique 1837 140 Irish scripture readers 1828 25 Christian knowledge society 1812 40 Bethel union 1824 35 Ami des pauvres 1811 25 Humane society 1815 45 Benevolent or strangers' friend society 1813 50 Charitable association 1819 60 £1,013 Making a total benevolent income, for Sunday schools, of £759; for missionary purposes, of £1,333; for bible societies, including sales, of £553 ; for sun dry other religious and philanthropic institutions, of £1.013 ; and for all these combined objects of religion and humanity, no less a sum than £3,658. To this * This society has issued 24,000 copies. In the year 1830 it distributed 1,300 copies. t Including sales of publications. ECCLESIASTICAL HISTORY. 369 must be added what is raised by occasional collections and contributions for other smaller societies publish ing no report, — and for societies in England and Ireland having no committee or stated representative in Guernsey, probably amounting to not less than £400, — making a grand total of £4,058. When it is remembered that such efforts are made annually, out of a population of about 26,000 souls* — and many of these temporary resident strangers who do not con tribute — it cannot be said that Guernsey is backward in the race of moral and religious improvement. We conclude this chapter by annexing the names of the deans of Guernsey since the restoration : — 1663-4 .... John De Sausmarez. 1698 Nicholas Le Mesurier.f 1717 John Bonamy. 1738 John Le Mesurier. 1759 John Hemming. 1765 Elias Crespin.J 1795 D. F. Durand. 1832 Nicholas Carey. And also of the clergy of the Established Church in 1840-.— The Right Rev. Charles-Richard Sumner, lord bishop of Winchester, diocesan. The Very Rev. Nicholas Carey, dean of Guernsey, and rector of the parish of St. Peter-Port. Rev. Thomas Brock, rector of St. Peter-in-the-Wood, and commissary to the bishop of Winchester. Rev. William-John Chepmell, rector of St. Sampson, and vicar of the Vale. Rev. Nicholas Bernel, rector of St. Saviour. Rev. Richard Potenger, rector of St. Martin. Rev. Havilland Durand, rector of St. Mary de Castro. Rev. Daniel Dobree, rector of the Forest and Torteval. Rev. Wilham Guille, rector of St. Andrew. Rev. John Hawtrey, minister of St. James's church. Rev. Edward-George Carr, minister of St. John's church. Rev. Frederick Jeremie, minister of Trinity chapel. Rev. Arthur-Thomas Corfe, minister of Bethel chapel. Rev. C. C. Mulloy, minister of the St. Peter-Port Sunday school-room. Rev. John S. Lys, minister of the island of Alderney. Rev. J. L. V. Cachemaille, minister of the island of Sark. Rev. Edward Guille, curate of St. Peter-Port. Rev. Peter Carey, curate of St. Saviour. Rev. Henry Benwell, chaplain of the jail, and minister of the island of Herm. * By the last census, in 1831, the population of St. Peter-Port was 13,893, and of the nine country parishes 10,456,— together 24,349 souls j but it has since increased. t Nicholas Le Mesurier was named by patent under the great seal. All the others were presented by the governors or lieutenant-governors of the island. t No presentation mentioned in his commission. A A CHAPTER V. ANTIQUITIES. The greatest objects of curiosity and interest which these islands possess, are undoubtedly those remains of antiquity generally denominated druidical. Al though the origin and design of many of these must still remain involved in doubt and obscurity, yet their frequent occurrence, in countries remote from each other, makes the study of them peculiarly attractive. These antique monuments are now found dispersed over every region ; but by what coincidence they pos sess a unity of character and purpose, if erected by different nations, widely distant, constitutes a theme almost to exhaust the ingenuity of the speculative, and the erudition of the learned. The usual extracts from the commentaries of Csesar, and a few short accounts from other authors, have tended much to confine their uses and designs to one portion of Europe and to one people : but the dispersion of these monuments over the four quarters of the globe en larges the field of observation, and it is to be hoped that present researches may contribute to raise the veil of mystery which has so long shrouded them in doubt and conjecture. The misapplication of terms, and the indiscriminate use of the words temple and altar, in reference to many of these remains, convey an impression probably not warranted by the object for which they were intended. ANTIQUITIES. 371 In the Channel Islands, the cromlech, the kist-vaen, and the simple menhir, are the most conspicuous forms.* The last may have been more numerous than at present, as appears from the names of places and grounds, which refer to single pillars of stone, but their removal was more easily effected. This upraised stone or pillar, in a general sense, was a record of some great or interesting event — a victory, or the death of some distinguished person : it has been con sidered also as an object of idolatrous worship. These islands, considered as a portion of Celtic Gaul, were first peopled from that part of the continent in which we find the same massive structures of stone dispersed in many places, particularly in Brittany, denoting at once the same people, and an identity of manners and customs. The islands, never having been dissevered from each other or the main land, as is supposed, were pro bably considered as safe or sacred retreats by a rude and savage race ; but if we examine the changes which have taken place on our coast, we may regard them as having been connected with the continent by a closer geographical boundary. Thus skirting the coast of ancient Gaul, they partook of that mysterious and hallowed light in which islands were esteemed by other nations : their isolated situation within sight of the continent became an additional cause of delusion and superstition. The difficulties which always accompany the progress of civilization and truth were not less in these islands than in other lands, and we have doubt less shared in that blind opposition to changes of every kind which characterized insular as well as mountainous districts. As the dawn of Christianity slowly moved over the continent, we cannot date the * There are at least fifteen of these monuments still remaining in Guernsey alone, and about as many more in the islands of this bailiwick ; but in Jersey they are now met with in two or three places only, although Mr. Poingdestre, formerly lieutenant-bailhT of that island, states that he found about fifty collections of stones, which he considered of Celtic origin, and he reckoned those which were then visible. The Rev. Mr. Falle, who wrote in 1734, gives an account of many which were observable in his day j but these have met the fate of their companions. A A 2 372 ANTIQUITIES. planting of the truth in these islands before the sixth century, and the building of religious houses until the arrival of St. Maglorius, as already stated in the preceding chapter. In the absence of more certain data, our immediate ancestors ascribed the erection of Celtic remains to supernatural agency, as every thing which excited their wonder or admiration became the work of the fairies or spirits of another world, who, in their fran tic revels, were believed to haunt the sacred abodes of the dead, and many a fearful tale recorded the mystic freaks of this pigmy race. Thus, the " Creux des Fees," " La Chambre des Fees," " La Fontaine des Fe*es," and "Poquelaye,"* are terms of similar import, and still attest the ignorant superstition of our fore fathers, which, however, is the less to be regretted, as it has, on many occasions, been the cause of pre venting the wanton destruction of these ancient monuments. There is abundant reason to consider the cromlechs of the Channel Islands as catacombs of the Celtic tribes by which they were inhabited. The cromlech affords another peculiarity which deserves to be noticed : additions to the original di mensions are not unfrequent. At the Poquelaye, in Jersey, a small square chamber has been formed within the cromlech itself. At "l'Autel de Dehus," or " Du Thus," as it is pronounced, in the parish of the Vale, there was found a square room covered by a large flat stone to the north of the main structure ; this tomb adjoined to it, and contained substances of the same nature and character. At the cromlech of l'Ancresse, an anti-chamber is seen at the east end of the building, which also appears to have been subsequently added to it : all these are within the circle of uprights, which surrounds the whole. Several other circles and cromlechs have likewise portions * In Celtic, " Pwca" means faiiy, and " Lies" signifies a place. ANTIQUITIES. 373 which indicate a peculiar design and purpose. At the cromlech called " Le Creux des Fees," in the parish of St. Saviour, there is an alle'e or passage leading into the interior, formed of two rows of up right stones ; but whether this was ever covered by horizontal stones or not, is doubtful. A spacious chamber, formed of massive vertical props, pressed down by ponderous cap-stones or ledgers, the whole surrounded by an outer circle of stones, constituted the sacred and hallowed repository of mortality. Be tween the props are seen, in many of them, smaller stones wedged in, to keep out the external earth, or intruders of every kind ; and if any light were admit ted, it must have passed between the interstices of the cap-stones : it may not, however, be improbable that the whole was covered by turf or earth. From the recent examinations which have been made in these islands, it is evident that the space within was not originally filled up with earth. The flooring was of irregular flat stones and round smooth pebbles, on which were deposited the bones, urns, and other vessels, and such offerings as the zeal or affection of the friends of the deceased was disposed to leave with them. The vast quantity of limpet shells which have been strewed in these resting places of the dead, may have been deposited there at the time of inter ment, or most probably at certain seasons afterwards, by the piety of their relatives. Like the affectionate Mary, the living visited the sacred abode of those they loved, and, in dropping the tear of grief, left a portion of their scanty fare ! In one instance of our examinations, the limpet shells which were deposited on the bones were about twenty inches in thickness. Burnt bones and ashes lay without any particular distinction of place in various parts, intermixed with pottery and remains of urns, which had partaken of the colour of the mass. Some vases appeared sooty in the interior only, 374 ANTIQUITIES. whilst others had been submitted to considerable heat. The distinctive character of the bones, whe ther burnt or unburnt, induces the belief that they were brought to the cromlech to be there deposited, after having been first deprived of the flesh by fire or other means. Bone instruments and clay beads, perforated stones or amulets, were laid by the side of the bodies, as other articles are placed by the natives of many countries at this day. Whatever was valued or might have been prized during the life-time of the individual was deposited with the body. Implements of stone and flint arrow heads,* as well as celtsf or stone hatchets, have been found with the remains. In the kist-vaens and smaller cromlechs, the same substances have been discovered.! The chief cromlech of l'Ancresse stands upon a hill on the north side, which overlooks that part called the common. This common, round which is * Implements and weapons of stone were in use prior to those of metal. The beautiful symmetry of form and shape shown in many of these, proves that the remote people who formed them were not devoid of ideas of correctness and even elegance. The flint arrow head, or elf-shot of some countries, does not seem to have attracted the notice of the islanders. Dr. MacCulloch thus expresses himself, when speaking of this weapon : — "The difficulty of shaping this weapon into the accurate and beautiful form which it commonly possesses, must have been excessive, and gives a proof of the same patience which is now exerted on similar manufactures by the uncultivated inhabitants of the South Sea Islands." — Western Islands, vol. ii., p. 233. + By " Celt " is meant a wedge-shaped instrument, formed of various kinds of hard stone. It has a cutting edge, regularly sharpened on both sides, and it is rounded and pointed at the opposite end. About one hundred of these are yet preserved in this island, found in different localities, but chiefly in or near places once occupied by the Celtic tribes. The above are made of quartz, chert, flint, or agate, serpentine, greenstone, porphyry, jasper, granular- porphyry, and granite. Those of indurated steatite and actinoliteschist often resemble the Indian jade hatchets. They vary in size from one inch to twelve or thirteen in length. As this instrument, which is found in every country, differs so little in shape, its general adop tion bespeaks a similar design and origin. Antiquaries are not agreed as to the use made of them, or the manner of their being made serviceable. M. De Caumont has invented a sin gular and awkward handle for them. M. Mahe- places them in a socket, perforates them in the centre, and fixes them with a peg driven through it. Again, the fastening them to the end of a stick, as the South Sea Indians use their adzes, will not keep them in their places in a firm manner. All these contrivances are contrary to their appearance and shape -} and as none are found perforated in this island, and only a few are so in other places, the method of M. Mahe1 will not hold good. In all countries they are considered as having fallen to the earth during a thunder storm j hence they are called " thunder bolts" by the ignorant : here they are usually termed " coin de foudre," from their angular shape. That this instrument is of very ancient origin, is confirmed by the ignorance of their real use and application which prevails every where, even among the Indian tribes themselves, who equally consider them as belonging to former races, or as having fallen from the thunder cloud. X The sepulchral urn was that in which it is said the bones, when burnt, were deposited. These are sometimes found in an upright, but much more frequently in a reversed position. The other vessels were of different sizes, and apparently designed for another purpose. The practice of depositing vessels containing articles of food with the body, still prevails among savage nations. Many of these were ornamented with zig-zag borders and dotted wavy lines j others had short handles, with a perforation in each, for the purpose of being sus pended like a lamp. This might very well have served the use of the " Thuribulum," and contained the thus or frankinsense burnt by many nations at funerals. ANTIQUITIES. 375 the present race course, consists of a sandy plain covered with furze. Nearly in the middle of it is another locality in which are Celtic remains. A sim ple cap-stone now covers a part of a sepulchre or kist-vaen, which contained human ashes, pottery, celts, and an arrow head, when lately examined. An accompanying cap-stone has doubtless been removed from it, as also the portions of a smaller cromlech which stood near it on the east side. The pond, which is situate near these remains, is surrounded by an elevated circular mound, having two visible entrances from the north and west sides : the whole bears some resemblance to those spots which are considered as druidical places of convocation in other countries. On the eastern part of the plain, at the foot of the hill above mentioned, is another kist-vaen, surrounded by various blocks of stone appertaining to it, and forming another interesting relic of the same kind. The position of these stones is very singular and inexplicable by any comparison with those near them. The low situation of this kist-vaen corrobo rates the fact of the later incursions of the ocean on the coast of the Channel Islands, and of the changes which followed the approach of the sea after breaking up the ancient barriers. The appearance of this kist- vaen in such a situation, can only be accounted for on these grounds. About one hundred yards from it, on the north-east, is a portion of a circle, defined by the upright stones still standing ; near this are several stone graves, which, with the last mentioned kist- vaen, were discovered in the year 1837. To the right is a cairn or hougue, called " La Rocque Balan." Probably here once stood a menhir or " Pilier de Pierre," where divine honours were paid to their god Belenus, by which they meant the Sun or Apollo. The similarity of the name has induced the opinion that a rocking or balancing stone once existed here. It was stated by the late Mr. Joshua Gosselin, that 376 ANTIQUITIES. he knew of a logan stone being in the neighbourhood of I'Ancresse ; it has, however, shared the fate of other ancient monuments which have bowed beneath the rude hands of the peasantry. From this place to the northern extremities of the Vale, nothing is to be seen which can interest the antiquary. The rocky masses which line this coast, are not without interest to the artist. One locality bears the name of "La Fontaine des Fees," and at a short distance is the bay of La Fontenelle, where, below high water mark, are to be seen several blocks of stone upon supports or props resembling cromlechs : these may be very analogous to those which are said to be under the sea on the coast of the Morbihan, in Brittany. Near "La Hougue Patris," there is a low rock of granite, among the furze on which is a depression resembling the print of a hoof in a soft soil. The peasantry regard it in a mysterious light, and call it from its likeness, " Le Pied du Boeuf." The simi larity is so strikingly correct, that it is not strange it should have attracted their notice. It is said that on the rocks opposite, called "Les Brayes,"* another mark of the same kind is to be seen ; this, of course, to the ignorant mind, has been the ground work of superstitious stories. The real cause of this appear ance is to be found in the mode of decomposition which a darker portion of the rock has undergone. Near the estate called Paradis, in the Vale parish, on the hougue in front of the house, portions of a " kist " are still preserved. The destruction of these remains is not of ancient date. It is related in the neighbourhood, that the former proprietor, having ordered his workmen to seek for building stones to erect a barn, they inadvertently, during his absence, broke up the cap-stones which covered the whole. The return of the proprietor happily prevented the * "Rocques Brayes."— " Roc'h Braz," in Breton, means "Les Grosses Pierres," or "Large Rocks." ANTIQUITIES. 377 total disappearance of these ancient remains, from which several urns and other vessels, with some human bones, were dug up from beneath the turf in 1837. Within sight of this, at a short distance from the hougue just mentioned, is seen the cromlech, known by the name of " l'Autel du Dehus," or, as it is pro nounced, "DuThus," or " Tu Dus."* It has also the appellation of " l'Autel du Grand Sarazin," as that on the hougue, near Paradis, is called " Le Tom- beau du Grand Sarazin." The cromlech of " Tu Dus" is situate near the road side, on an elevation which has been formed by the hand of man, into a sort of tumulus, round the verge of which a circle of stones existed, several being yet in their original places. It consists of a deep trench, divided into several distinct compartments ; the first, over which is placed the largest cap-stone, forms a chamber of about fifteen feet square. From this the trench contracts considerably, and is divided from the east end by a transverse set of stones, near which there is a narrow passage between the props leading into a square chamber on the north side : this is covered by a single flat stone, about seven feet square. The eastern extremity is closed by a large stone on the edge of the road which runs near it. The length of the trench is thirty-eight feet, and the number of cap-stones remaining is eight. That at the west end is a fine and well-proportioned block, nearly seven teen feet long, weighing from fifteen to twenty tons. Various urns, pottery, and other substances were discovered in 1837, when it was examined. There were many skulls and bones found, as in those already * " Dus," says St. Augustin, signifies among the Gauls a species of genii or imp, chiefly seen by children and the female sex. They were of a black colour, as the word " Dus " in dicates among the Bretons. Gregoire De Rostrenen states, " that the villagers assert that their hobgoblins danced upon their cromlechs." In Armorica, the name of "Dus" is not yet obsolete. The L^onnois still call a sort of fairy by the name of " Teus ;" and Le Pelletier, in article " Teus," says that the Breton " Teus" is the same which St. Augustin had latinized into " Dusius." Be this as it may, Hesus or Teutates was a deity which signified Mars, the god of war or god of thunder. " Teus," in Brittany, is also the same with " Gobelin." This sprite or spectre is called by the Bretons "Bugul-nos," which signifies, "enfant de nuit." ' Gobelin," or the familiar spirit, has been the phantom of the Normans from the earliest times. 378 ANTIQUITIES. mentioned ; but immediately upon the bones and urns an innumerable quantity of limpet shells were depo sited, in some places twenty inches in thickness or more. The skulls found were chiefly lying to the north, but many were placed indifferently to any fixed point of the compass. The next cromlech of importance which the Vale parish can boast of, is that called " La Roche qui sonne." This interesting spot had nearly lost all trace but that of an unintelligible name, until 1837, when, after a diligent search, one remaining cap-stone was dug out and exposed to view. The spot indicated a much more considerable space originally devoted to the same purpose. Tradition has for many genera tions handed down tales of wonder and superstition relating to it, and "La Roche qui sonne" will not fail to afford, for years to come, tales of ominous import, and of the ill-fated result of meddling with a site, sacred to the presiding genius of the Celtic cromlech ! The large wonder-working stone has, however, disappeared, and there remains only one demi-dolmen to mark the spot. This stone, which is about thirteen feet long, is supported upon a prop to the southward, and rests on the ground at the north end, having another vertical stone near it, whose corresponding parts have also disappeared. At a dis tance of about sixty feet to the eastward, four large props were examined, which are supposed to have been a portion of the outer circle : these are buried beneath the green sod. From the accounts gathered in the neighbourhood, there must have been eight or nine cap-stones, including the enormous " Roche qui sonne." Vessels of baked clay, several urns, and other relics were discovered beneath the only remain ing cromlech, when it was examined in 1837. It is not improbable that some Celtic monuments existed on the site now occupied by the Chateau du Mont St. Michel, or Vale Castle; but they were destroyed ANTIQUITIES. 379 when it was built. Between this and the last men tioned cromlech is the estate belonging to Mr. Thomas Falla, called " Les Roques Barrees :" the name indi cates some of those extraordinary, but important structures, called elsewhere Trilithons or Lichavaens. They consist of two vertical stones, and one across the top, like a door-way. The use of these, which in some places are numerously disposed without any ap parent connection, had doubtless some serious design. There is also a large stone over the quarries be longing to Mr. Flere, to which some superstitious veneration is still attached ; but whether its altar-like form may have suggested the idea, or some ancient tradition has preserved it from being destroyed, it is difficult to trace. In pursuing this circuit of Celtic remains, no notice has been taken of a large cap-stone to the west of the Vale church.* The natural position of its appearance makes it doubtful if it ever was regarded as a sacred spot in ancient days. In the parish of St. Sampson, on the hill called "La Grosse Hougue," is a small demi-dolmen: it stands on the brow of the hill, and may be seen from both sides of it. A small quantity of pottery was found under it ; but it is stated that the late proprietor found human bones near it when breaking up the ground. Several celts or stone hatchets have been picked up on this hougue. At a short distance from the hill may be observed a stone pulpit, or as it is called " La Chaire du Pr6tre." It appears on its natural bed, and to have been shaped "with some design, the purpose of which is at best but conjec tural. It may, however, have belonged to the chapel of St. Clair, which once stood on the estate of that name, situate at a short distance. Near this spot are found " Les Terres du Dis," on * The altar mentioned by Jacobs, in his Annals of Guernsey, as standing in the Vale church-yard, cannot be the same here under notice, as its size and position are too con. spicuous to fall under his description. 380 ANTIQUITIES. which several Celtic remains have been found at various times. Three upright stones are yet to be seen, which probably belonged to some cromlech. The word "Dis" has been considered interesting to the antiquary, and it is here met in its proper place, when travelling over Celtic ground. The Gauls and Britons believed that they were descended from "Dis,"* and the Germans that they were from "Tu- esco," or " Thus." It is, nevertheless, a highly interesting fact if this spot has retained its original appellation to the present day. The neighbourhood of towns and cities has been well remarked to be unfavourable to the preserva tion of the earliest monuments of a country ; thus the populous parish of St. Peter-Port contains nothing to arrest the notice of the traveller in his journey, the names of some places only excepted,! which seem to preserve the remembrance of their once possessing objects worthy of being left to future generations, in most of those instruments or implements of stone which have been found at various times, tending to confirm the truth of our remark. The ancient chapels dispersed about the country parishes were doubtless erected near Celtic monuments, and where the names only remain, traces have been found to prove their former existence. On the promontory of Le Re"e, in the parish of St. Saviour, another cromlech has been left without sharing the ravages caused by the hand of man. It stands near the road which leads to the small island of Lihou. At present it consists of two large cap stones, which measure about twenty feet across. These cover a considerable chamber, and are sup ported by numerous props. The opening into it is * On the word " Dis," Borlase states that " in Cresar's time the Gauls had quite lost sight of their original, all of them giving out that they were sprung from ' Dis,' i. e., from the earth," according to their meaning ; but Caesar seems to mean Pluto, or the god of darkness. The inland inhabitants of Britain called themselves " E Terra Nati," from the same notion. t "Les Courtils de la Longue Rocque," " Longue Pierre," "La Platte Hache," (celt?) "La Pierre Perc^e," "La Pouquelaye de Haut," "Pouquelaye de Bas," "La Grande Pouquelaye," &c. ANTIQUITIES. 381 by the east end, but from the interstices between the props being filled with stones and earth, the interior is dark and gloomy. This is the far famed " Creux des Fees." It is said that some other cromlechs were formerly to be seen near this spot. The name of " La Tuselle," which a part of this ground retains, would sufficiently confirm this statement. About half a mile from the " Creux des Fees," is seen a small, but interesting cromlech, consisting of three or four stones. It stands upon the hill of Catioroc, and is called by the peasantry " Le Trepied." Burnt ashes and bones, with portions of urns and coarse pottery, have been found beneath it. Both these cromlechs belong to Mr. Bonamy Maingay. Lihou does not now possess any Celtic remains, but probably the erection of its chapel and priory, and its early occupancy by the first missionaries, may have caused their removal. On the road from St. Peter's-in-the-Wood, towards this part of the coast, a fine pillar of stone or menhir is seen. It stands on the left hand side in a field appertaining to the estate of Les Paysans. Its im posing station has attracted the attention of the natives, who have held it in a sort of veneration, without knowing its original use and meaning. Whe ther it is an idolatrous pillar dedicated to the deity, or a monumental stone, remains to be proved : it is about ten feet above the surface, where it has stood perhaps more than two thousand years. At the foot of the hill, near the remains of the chapel of St. Brioc, is shown a stone which bears the impression of two feet of an enormous size. Here, it is said, was the spot where a meeting took place between the two abbesses of Lihou and St. Brioc,* but by what means the granite was softened to receive the holy tread of these ladies, must be sought for among the mysteries of those days. * Saint Breock, or Brioc, was patron of a church in Cornwall, as also of one in Guernsey. He was a native of Ireland, and became a bishop in Armorica, where the place of his resi dence is distinguished by his name. — D. Gilbert's History of Cornwall. 382 ANTIQUITIES. There is also at the Point of Le Crocq, near Rich mond, a vertical stone, or fichade, which very proba bly is of ancient date. In this neighbourhood, some fragments of pottery and stone instruments have been picked up at various times, and a gold coin was found near Le Crocq, a few years since. The similarity of the name with "crac'h," the Celtic term for "stony," may be its proper etymology, and probably be one of the few remaining words which have been left from that ancient source. The names of places, plants, rocks and islands, still bear those of former possessors of the Channel Islands. Some are undoubtedly of Norman origin, but our Brehon, Bur- hou, Brecco, Bee, and others, are from the Celtic root. In like manner the word, not unfrequently uttered by children when at play, "terriben," al though gradually becoming obsolete, was the war cry of the Gauls. In concluding this notice of the most ancient monu ments of Guernsey, it may be necessary to add that the other islands of the bailiwick likewise possess remains of the Celtic tribes. Alderney, Sark, and Herm, have several of their cromlechs and circles not yet destroyed.* * Michael Drayton, the poet, published, in -1613, his "Poly-Albion," or a description of England. It contains the following ill the opening of the first canto : — " The sprightly muse her wing displays, And the French islands first surveys. *********** Thus scarcely said the muse, but hovering while she hung Upon the Celtic wastes, the sea-nymphs loudly sung : — O, ever happy isles, your heads so high that rear, By nature strongly fene'd, which never need to fear; On Neptune"s wat'ry realms, when ^olus raiseth wars, And every billow bounds, as though to quench the stars. Fair Jersey, first of these, here scatter'd in the deep, Peculiarly that boasts thy double-horned sheep ; Inferior not to thee, thou Guernsey '. bravely crown'd ! With rough embattl'd rocks ! whose venom-hating ground The harden'd emeril* hath, which thou abroad dost send ; Thou Ligon,\ her belov'd, and Sark, that doth attend Her pleasure every hour, as Jethou, them at need, With pheasants, fallow deer, and conies thou dost feed I Ye seven small sister isles and sorlings, which to see, The half sunk seaman joys : or whatsoe'er you be 1 From fruitful Aureny,X near the ancient Celtic shore, To Ushant and the Seams, § whereas those nuns of yore Gave answers from their caves, and took what shapes they please, Ye happy islands set within the British seas. * Emery. t Probably Lihou. J Aldorncy. § Isle ol Scmo or Sein, where the nine priestesses, ao much teared by tlie Gauls, were said to reside. ANTIQUITIES. 383 The antiquities which now claim our notice, although of modern date, when compared with those just de scribed, are few and unsatisfactory. The Romans, it is true, were masters of Gaul, and continued so for many years, during which period the Channel Islands were under their sway. We are, however, deprived of documents relating to that era ; and, with one or two slight notices of these islands, we are to trace our history during this period from a few vestiges left us. The only strong hold which can be viewed as of Roman origin consists of a triple bank, and fosse between them, extending from sea to sea, across the isthmus of the promontory of Jerbourg. This work partakes of the character of those in other parts, and which are considered as de fences against the predatory intrusions of the north- men who swarmed annually over the coasts of the channel. They ascended every navigable river or stream in Britain and Gaul, thereby entering into the interior of the land, and from whence they carried off their booty to their ships. The very limited numbers of Roman coins and other memorials of that people which this island has produced, induce the belief that there was no legion stationed, or colony formed here. The coins which have been found are few, and refer to the empire under Antoninus, Commodus, and Severus. In Alderney, several tumuli very recently existed. Two were examined in 1838, and found to contain stone kists, with urns and fragments of pottery. The neighbourhood has also furnished many war instru ments, such as spear heads, swords, daggers, celts, (as they are commonly called, but used rather as ferules, than as " casse tStes ;") all these were of brass or copper, with a variety of other arms and orna ments. They have been carefully collected, and are in the possession of Mr. John Gaudion, the chief judge of that island, to whose zeal we are indebted 384 ANTIQUITIES. for their preservation. The general character of these remains belongs to a period closely allied to the Roman invasion of Gaul, if not entirely of Roman manu facture, which, with some of the pottery found in the island, would confirm the opinion of its having been a Roman station. The barrows which have been examined in the island of Alderney, have afforded bronze or copper instruments and "terra cotta" vessels. There is now a neat lachrymatory in the possession of Mr. John Gaudion, in very good preservation. This was found on turning up the ground near a barrow. To secure themselves against marauders, the abori gines erected strong holds and encampments, and, at last, fortresses and castles, which enabled them to pre serve much of their property, and also check the incursions of the northmen. There are two mounds in Guernsey which have been generally considered watch stations, one in the parish of St. Andrew, called " La Hougue Fouque," and the other on the Forest road, named "La Hougue Hatenai," in the parish of St. Martin. The former is a corruption of " humus," earth, and " fucus," a fire. Hatenai is an Arabic term for a " knoll ;" but how it became incorporated into the old Guernsey dialect, it is difficult to determine. CHAPTER VI. ECCLESIASTICAL ARCHITECTURE. St. APOLLINE, PARISH OF St. SAVIOUR. The chapel of St. Apolline is the only one standing entire of the many which anciently existed in this island. It consists of a chamber, twenty-seven feet three inches long, by thirteen feet nine inches wide, having a narrow square-headed opening or loop hole at the east end, a rude round-arched or segmental door way, and a narrow window divided into two parts on the south side, and a smaller segmental doorway and window on the north side. The whole is covered in by a thick and ponderous vaulted roof. Of the date when this building was erected nothing is known, nor are there any traditional accounts of it amongst the inhabitants. It is believed by them to have been, together with the other chapels whose names and sites are known, a chapel in use prior to the erection of the parish churches (i. e. prior to the year 1111, when St. Sampson's church was consecrated), and to have been built about the eighth or ninth century. War burton says, that the monks came to this island about the middle of the tenth century. These chapels may, therefore, have been erected by them soon after their arrival, and before they had made many converts to the faith, for the size of the chamber would not admit of more than from twenty to thirty persons ; and, if B B 386 ecclesiastical architecture. we examine the building more closely, we shall be induced to believe that the date of its erection may be about that time, or, from its style, more probably anterior. It is evident that the knowledge of archi tecture was at a low ebb, from an examination of the south side window, which consists of rough granite blocks placed as follow : — A horizontal round-edged stone thirty- two inches in length and four inches in breadth, elevated about four feet from the ground, upon the extremities of which stand, as jambs, two similar stones twenty-two inches in length, supporting another horizontal stone of the same dimensions as the first, and upon which is again raised a similar structure. The whole thus forms a window of forty- eight by thirteen inches opening, divided into two parts by a horizontal stone or transom. The sides of the wall inside are merely splayed. This is very rudexwork, and may be styled, agreeably to the posi tion of the island at that period, with respect to the continent, early Norman, not the early Norman of English architects, but early Norman, because this was a Norman isle. The interior of the chapel con sists of a plain chamber, covered with a pointed vaulted roof. The sides of the roof and walls appear to have been once adorned with fresco paintings, and several figures of saints are distinctly discernible on the south wall. It was customary, at one period, to paint the church walls with representations of the day of judgment, legendary stories, figures of saints, and scriptural sentences ; but these have, in most churches, been washed over and destroyed, so that now few specimens remain. Traces of such paintings are occasionally brought to light in the alteration and renovation of churches, and a curious wall-fresco painting has lately been discovered on the north wall of the chancel of the Catel church. This appears to represent at one end the last supper, and at the other the last day, whilst between is a hawking scene. ecclesiastical architecture. 387 At the reformation, when every thing which savoured of popery, or which had a superstitious tendency, was mutilated or entirely destroyed, these paintings were washed over and thus happily preserved. Now, as the custom of painting walls belonged to a period sub sequent to the Norman style, we may conclude that this chapel was continued to be used long after the parish churches were erected. The silver-gilt chalice, belonging to this chapel, is one of the few relics of roman catholic times which the island possesses, and it is now in the possession of Colonel Guille, of St. George. Round the bowl are the words " Sancte Paule ora pro nobis." May not, therefore, the name of the chapel have been originally " St. Paul," and by a corruption have been called "St. Apolline ? " This change might very easily have been effected from the French pronunciation of " Sancte Paule," and by the addition of ne. The walls of the chapel are two feet six inches in thickness, and are not strengthened by buttresses. At page 322, the word " Cyclopian" has been applied to the architecture of this chapel ; but it must be understood, in a general sense, as applicable only to the rude character of the masonry, and not in reality as a specimen of that style. St. SAMPSON. St. Sampson's is the earliest of .our churches, hav ing been consecrated in the year 1111. Its present appearance is very different from what it originally was, for subsequent alterations and additions have so affected it, as to leave little of the original building remaining. The interior is quite plain and massive ; indeed, not a single ornamented moulding is to be found throughout. The western portion of the nave, which has small round-headed windows, and the south wall of the south aisle, in which is a plain round-headed piscina much mutilated, and a semi-circular door- way, appear to be the oldest, or of the early Norman style. b b 2 388 ecclesiastical architecture. The east windows of the nave and aisles are of the Early English style. In the north wall of the north aisle is a segmental-arched arcade, and a squinch is thrown across the north-east angle ; but for what pur pose, does not appear. This squinch could hardly be for strengthening this part, as there are two buttresses on the other side. The nave and aisles are vaulted, as are all the churches in the island. The tower, which is on the north side of the nave, and at the west end of the north aisle, is of the Early English style, quite plain and roofed with stone, and appears to have been added to that part of the nave after its construction. PRIORY AND CHAPEL OF LIHOU. Although we are led to the year 1 1 14, or only three years before the consecration of the Vale church, it is thought that the little island of Lihou had long before been the retreat of the monks, to whom we are in debted for the erection of our first churches and chapels. Its lonely situation attracted their early attention, and it soon acquired an air of sanctity and veneration which rendered it a safe and quiet place for the residence of a prior, or, as it has been said, of an abbess and her nuns. The site of the chapel has for some years presented a heap of walls in ruins, where the rank weed and thistle raised their heads amidst the rude masses of masonry which covered the ground. Sufficient, how ever, of the ruins are left to enable us to determine its different buildings. The chapel forms the most prominent feature, and the excavations which have lately been made in it have brought to light many of its details. It consists of a chancel and nave, with a square tower on the north-east side of the nave. It was vaulted with stone, and the north wall of the nave, with a few feet of the roof, is still standing. A few years back the chapel was entire, as regards the walls ECCLESIASTICAL ARCHITECTURE. 389 and roof, the ornamental parts, which were of Caen stone, alone being mutilated. During the last war, the lieutenant-governor, fearing lest the building might be turned into some use by the enemy, issued orders for its complete demolition, which was accord ingly effected by means of a barrel of gunpowder. The excavations above alluded to were commenced in the chancel, the walls of which were just visible above the turf. It contained the debris of the walls and roof, with the Caen stone ribs of the groined roof, and the stones which formed the columns and windows. After sinking to a depth of four feet, a pavement of small green and red glazed Norman tiles was observed, and from excavations made in different parts of the chapel, it would appear that the whole had been paved in this way. Below this pavement, a few silver mo nastic coins, and some silver pennies of Edward the First, were found. Against the north wall of the chancel are seen some columns and bases of Caen stone, which, together with the portions of the arches of the windows found in different parts, are of the Norman style. The prevailing moulding is the zig zag and star. If we compare this chapel with the chancel of the Vale church, we shall observe great similarity in their details, proving that they were built at or about the same time ; and this agrees with the dates given of their consecrations in the De'dicace des Eglises, which states that Lihou chapel was consecrated in 1114, and the Vale church in 11 17. When a trench was dug lately on the south side of the latter church for the foundation of the wall which surrounds the lightning conductor, a quantity of green and red glazed tiles, precisely similar to those composing the pavement of Lihou chapel, were thrown out, ahd probably were the tiles with which the ori ginal church was paved. To the west of the chapel a range of buildings may be traced, and others have disappeared in consequence of the sea undermining 390 ECCLESIASTICAL ARCHITECTURE. the walls at spring tides and washing them away. In the bank, to the south, on the sea shore, is a drain leading to one of the buildings, probably the kitchen, in which large quantities of fish bones and scales, besides other matter, were found. A field to the north-west goes by the name of the " Cimetiere," and to the east is a walled enclosure which retains the name of the "Garden."* To the south-east of the chancel are three or four steps, which appear to have been at the entrance gate of the priory. The present owner of these interesting ruins is Mr. James Priaulx, the proprietor of the island of Lihou, through whose liberality permission was obtained to remove the rub bish which covered the ruins, by which means the form of the chapel, and the style of its architecture, were determined. From the island of Lihou to the opposite coast may be seen a rudely constructed causeway, said to have been made by the monks, to enable them to cross from one island to the other with greater facility at low tides. St. MICHAEL THE ARCHANGEL, PARISH OF THE VALE. The Vale church, dedicated to St. Michael the Archangel, is the next in antiquity to St. Sampson's. A small portion only of the ancient part remains, and the more modern addition is remarkable for the irre gularity of its construction. The building takes a twist northward from the middle to the tower, in con sequence of which the vaulted roof is much deformed, and produces a curious and awkward appearance when viewed from the west end. The chancel is the earliest part, and is of a later Norman style than that of St. Sampson's church. This chancel formed the original church, an account of the consecration of which, in the year 1117, is still preserved. The pillars are * At a short distance from this is a round-house or dove cote, where the monks reared their pigeons. ECCLESIASTICAL ARCHITECTURE. 391 round, and have cushion capitals, the ribs of the groined roof are ornamented with the chevron or zig zag moulding, and the windows are small, segmental, and plain, with the sides of the wall simply splayed. The north aisle is of the decorated style, and its east window, which is divided into three lights, exhibits a very beautiful device in the branching of the tracery, and represents a lyre. In the east end of this aisle is a stone, in which a monumental brass was once inlaid. This, for a long time, has been supposed to represent the Abbot of St. Michael ; but it is no more than the effigies of a layman, or merchant and his lady, with their children, two sons and three daughters, at their feet. St. PHILIP, PARISH OF TORTEVAL. Torteval church, dedicated to St. Philip, and con secrated November 4, 1 130, appears to have consisted of a chancel, nave, south aisle, and porch, and a low square tower, pinnacled and surrounded by an octa gonal spire at the west end of the nave. This church, which was very small, was pulled down in the year 1815, and a new one erected in its place. St. SAVIOUR. St. Saviour's church was consecrated in the year 1154, and consists of a chancel, nave, south aisle, and south transept, with a lofty square tower at the west end of the nave. The south aisle appears to have been built prior to the chancel, for a buttress, supporting its north wall, is built into the wall of the chancel. The east window of this aisle is large and pointed, its sides are simply squared off and without mouldings, and those on the south side are small and segmental. The east window of the chancel is similar to that of the aisle, but smaller, the north windows of the chancel and nave are small, one being semi-circular, another pointed, and the two re maining segmental. The south piers of the nave, 392 ECCLESIASTICAL ARCHITECTURE. some of which are round, and others octagonal, are without capitals, with the mouldings of the archivolts dying away into the pillars. This is common in the style called by the French antiquaries the Flamboyant, which was cotemporaneous with the Perpendicular in England. The south transept is small, and the south window has been modernized. The tower is square, lofty and embattled, and is surmounted by a short octagonal spire. Its north and south windows are pointed, and its east and west square-headed. The corner buttresses are of two stages, and terminate in triangular heads with flowers on the points. In the south aisle were two plain legends ; but they have been removed. St. MARGARET, PARISH OF THE FOREST. The Forest church, dedicated to St. Margaret, was consecrated on the 3d September, 1163, and consists of a chancel, nave and north aisle, with a low tower and octagonal spire at the junction of the chancel and nave. The north aisle is a modern addition, the piscina in the east wall is square-headed, and the north windows plain, with granite lintels. The east window of the chancel is semi-circular and cinque- foiled, the sides of the wall inside being simply splayed. The south windows are modernized, one of which appears to have been divided into two lights, ogee- headed, with a circle between them, and the orna mented heads rudely cut out of a large granite block. But this window, like every thing else, has yielded to the improvements of modern times, the ornamented parts having been cut away so as to form a segmental head. . The tower is not square, the east and west sides being longer than the north and south, consequently the right sides of the spire are not equal. St. PETER-IN-THE-WOOD. The church of St. Peter-in-the-Wood, which exhi bits some Norman portions, has suffered less from ECCLESIASTICAL ARCHITECTURE. 393 sacrilegious hands than any other church in the island. The tracery of most of the windows remains, and the ornamented parts are more perfect. Over the door of the north aisle is a rose window, the tracery of which has long since disappeared. The north and south walls of the chancel are pierced with small round-headed or Norman windows, quite plain, with the sides of the wall splayed, and the north and south pier arches, next to the chancel, are semi-circular. The consecration of this church took place in the year 1 167, and great additions, in the Decorated style, have been made to it. It is built on the west side of a hill, and in consequence the chancel is several feet higher than the west end of the nave, so much so that it is like going up hill to walk from the tower to the chancel. In the middle of the nave was a monu mental brass, which has unfortunately shared the same fate as those in the other churches. It repre sents a layman or merchant, and from its outline on the stone appears to be about the year 1560. St. MARTIN. St. Martin's church, according to the De'dicace des Eglises, was consecrated on the 4th of February, 1199, the tenth year of the reign of Henry II., king of England. But a mistake has arisen respecting the reign in which this event took place ; and it was probably made by the transcriber of the manuscript, for, if the date be correct, it should have been the tenth year of the reign of Richard I., instead of Henry II. ; and, if the year of the reign, and the king's reign be correct, the date should have been 1164, instead of 1199. And from an examination of the architec ture of the church, we conclude that the mistake is in the king's reign, for no Norman work appears in it, which would have been the case had the church been built in the year 1164. The nave and chancel are of the Early English style, as is also the tower 394 ECCLESIASTICAL ARCHITECTURE. which is at the junction of the two. In the east end of the nave is a slab which contained a brass, repre senting a layman or merchant and his lady ; but the stone is very much worn, and in a few years no traces whatever of the figures will remain. The north aisle is modern, and the windows throughout the building have also been modernized. The south porch is one of the most elegant in the island, and is of the Decorated style. The corner buttresses, which are set diagon ally, are short of one stage, and terminate in pinna cles ornamented with crockets and finials. These ornaments, as well as those on the sides of the arch and on other parts of the porch, are of sculptured granite and of good execution, though massive ; and, indeed, in some parts out of proportion. NOTRE DAME DE LA DELIVRANCE, PARISH OF THE CATEL. . The Catel church, dedicated to Notre Dame de la Delivrance, and consecrated in the year 1203, next claims our attention. It consists of a chancel, nave, south aisle, and small chapel or north transept, with a square tower, pinnacled at the four angles, and surmounted by an octagonal spire. Within the last two centuries it has undergone many alterations and repairs, and all the windows have either been altered or enlarged. On the north wall of the chancel, some rude fresco paintings have lately been discovered, to which we have alluded in the preceding account of the chapel of St. Apolline. There is an arcade in the north wall of the nave, with segmental arches, and in the east window of the north transept is tracery, rudely sculptured out of the granite block composing the lintel. This church is built on the site of an ancient fort called the " Castel (whence the name Catel) du Grand Sarazin," and it is said that the north wall of the chancel, and the transept, are the remaining por tions of the old castle walls, the masonry of which is certainly very rude, being composed of large and ECCLESIASTICAL ARCHITECTURE. 395 small stones put together without any order. In the angle made by the chancel and transept, a projecting perforated stone about the middle, and a bracket near the bottom of the wall, are pointed out as the spot where the castle standard was planted. St. ANDREW. St. Andrew's church was consecrated October 1, 1284, and consists of a chancel, nave and south aisle, with a low square embattled tower and short square spire at the west end of the nave. Almost all the windows have been modernized, and two of them, one a north window of the chancel, and the other a south window of the aisle, appear to have been square headed, divided into two lights, with trefoils rudely sculptured out of the granite lintels, in the same manner as that in the Forest church. The mullions have been cut away, probably to give more light in the church, as the other windows are small. The pulpit is of carved oak, and is the sole remaining pulpit of any antiquity in the island. Unfortunately, it is painted in bad imitation of mahogany, and would look much better if the paint were scraped off, and the genuine wood exposed. It is hexagonal, and the panels of each side are badly carved to represent flower-pots and plants in full bloom within semicircu lar arches. The panel at the back of the seat repre sents St. George and the dragon, above which are several initials, and the date 1664. This is no doubt of Guernsey manufacture, and shows us the perfection to which island carpentry had reached in those days. In the east end of the south aisle was a brass or plain legend, which has been removed. The whole church is vaulted, and the walls supported by buttresses of one stage. St. PETER, PARISH OF St. PETER-PORT. The town church, dedicated to St. Peter, was con secrated August 1, 1312. It is built in the form of a 396 ECCLESIASTICAL ARCHITECTURE. cross, and consists of a chancel, nave, north and south aisles, and north and south transepts, with a square tower at their intersection. This cathedral-like build ing is well worthy of the stranger's regard, being the finest and largest parish church in the Channel Islands. There are some striking and interesting features in its details, which merit the attention as well of the anti quary as of the casual visitor. Great praise is due to the members composing the committee who were in strumental in restoring it with so much good taste to its present state, for some of its most interesting parts, which were before hidden, were by them brought to light and preserved, and many blemishes rectified. Its present appearance is very different to what it was before these changes were effected : we see none of those high pews and heavy galleries which formerly destroyed its beauty, and although a slight mistake has been here and there made by them in their zeal for uniformity, such, for instance, as the putting of capitals on pillars which never had, or should never have had any, still many a good work has been wrought by them. Amongst other improvements the monu ments and tablets were removed from the clustered pillars, from which some of the smaller shafts had been barbarously cut away, and the void filled up, and the elegant piscinae, which are the admiration of every one, cleaned and restored, though several were again plastered up, because too much mutilated to be preserved. This church is of the style of the later Gothic of France, termed the Flamboyant ; it is richly deco rated in some parts. The mouldings and the canopies of the north porch and west door, which are crocketed, finialed, and pinnacled, deserve especial notice. The pillars of the south transept are octagonal, without capitals, and the mouldings of the archivolt die away into them. In the east wall of the transept is a gra nite piscina, ogee-headed and trefoiled, with a shelf ECCLESIASTICAL ARCHITECTURE. 397 across it.* In the east walls of the north and south aisles are most elegant piscinae, the canopies of which are crocketed, finialed, and pinnacled, and the interior moulding of the arch and sides formed of crumpled leaves and creeping animals. The shelves consist of brackets of leaves, above which are two niches, square- headed and trefoiled. In the south-east pier of the north aisle, there is also a piscina. Against the south pier of the chancel arch there was a stone pulpit, which was removed during the repairs, in consequence of its extremely mutilated state. In the east end of the north aisle is a slab on which are three figures, perhaps a layman and two wives, or probably three men, for the right and left figures represent more the outlines of ecclesiastics than females. The brass has long since been removed, and the stone is so much worn that it is difficult to determine the figures. The tower is square and em battled, with a window in each side, and surmounted by a short octagonal spire, which was erected in the year 1721. The gurgoyles at the four angles of the string-course of the tower, and at other parts of the building, are nothing remarkable, and merely repre sent human figures, with scutcheons and lions' heads and shoulders. f Having given a short description of our churches, it will now be necessary to take a brief review of their general characters. We have noticed only one of the early ecclesiastical buildings, because that alone re mains of the eleven which formerly existed. These eleven are St. Magloire, and the chapel near Pulias, in the parish of the Vale ; St. Apolline, in the parish of St. Saviour ; St. Jacques, St. Julien, and St. Cathe rine, in the parish of St. Peter-Port ; St. Clair, and la * At the period when the repairs were made, a piece of carved oak was found in the same wall, with the following inscription — " au : mil : cccc. jlxvi. fut faite," which probably refers to the date when this transept was erected. t This church is indebted to the Earl of Shaftesbury for the munificent gift of a full service of cushions for reading desk and pulpit, kneeling cushions for communicants round the altar, and two altar covers and cushions of rich crimson velvet, embroidered with gold. 398 ECCLESIASTICAL ARCHITECTURE. Chapelle d'Anneville, in the parish of St. Sampson ; St. George, and St. Anne, in the parish of St. Mary de Castro ; and St. Brioc, in the parish of St. Peter- in-the-Wood. It seems to be the general opinion that St. Magloire was erected the first, and St. Apolline may with reason be placed next, on account of the rudeness of its architecture, which would carry it back to very early times : of the others* so little is known, that no order can be given to them. These chapels appear to have been contemporary with those of Jersey, of which two very similar to them are still standing in that island. The walls are similarly con structed, being composed of stones put together without attention to size, shape, or order, and the roofs vaulted and pointed. The mortar is composed of lime, sand, and sea shells, chiefly limpets, some of which are burnt, and some unburnt and perfect. The ancient churches of England, even as they at present appear, display in their internal arrangement, peculiarities designed and adapted for the celebration of various religious ceremonies, the general form being a chancel, nave, north and south aisles, and a tower at the west end ; and all these parts are, as it were, distinct and distinguishable the one from the other. But if we compare this form with the general character of most of our churches, we shall perceive that their internal arrangements are confused and undefined. The reason of this will appear by a care ful examination of the buildings, for we shall find that they have increased to their present dimensions by various additions made at successive periods, accord ing as the increase of population required an increase of church accommodation, and that not by a settled plan. Let us, for instance, take the Vale church. * Portions of the east and west walls of the chapel of St. George, on the property of Colonel Guille, are standing; and some portions of the other walls have been pulled down within the last century. The brass altar candlesticks, belonging to this chapel, are in the possession of the proprietor j they are ten inches in height, one is quite plain, and of the other, the stem is a fluted column, and the base is ornamented with folds of linen and flowers engraved on it. ECCLESIASTICAL ARCHITECTURE. 399 The most ancient part, or that only of the present structure, of which the consecration is mentioned in the De'dicace as having taken place in the year 1117, forms but a small portion of the whole building, and is confined to the chancel. The north wall of the chancel is distinct from the south wall of the north aisle which abuts against it ; and it would also appear as if only half of the north aisle had been built at one time, and the remainder subsequently added, for the confusion exhibited about the middle is great, clearly showing that no uniformity of design had been followed, but that merely additions had been made as required. The western portion of this aisle is built out of the line of the eastern, and more to the north of it, consequently, in vaulting, it was found necessary to project a bracket from one of the pier arches from which the vaulting springs. The whole of this, there fore, never could have been the original design of the architect, but must have been the consequence of sub sequent additions and alterations without a fixed plan. Our churches are remarkably plain, both as regards their exterior and interior ; and, excepting in the town and Vale churches (in the latter of which there only appears one single zig-zag moulding), no ornamented mouldings or other decorations are to be found. Either the principal inhabitants of the respective parishes were too poor to afford any thing else than bare walls, or they had no better taste. As regards the additions of these buildings, they were most pro bably planned by native architects, and erected by native workmen, whose only care was to give shelter to the worshippers, without displaying any refinement of taste by decorating either the interior or the exte rior. Had they been the work of experienced conti nental masons, they would have shown more beauties in their details than they do, and the work would have been better. It is not unlikely that the masons were found in the neighbourhood, and employed as we 400 ECCLESIASTICAL ARCHITECTURE. should employ those who happened to be close by, for any work in hand. In many parts of these buildings we meet with rude country work, not much unlike the domestic architecture of the islands. The door ways, more especially, strike us as similar, for there is scarcely a farm house of any antiquity which does not possess a door with a semicircular arch of great strength. In the pews we observe one prevailing form, con sisting of enclosed seats, round the top of which runs a small open ballustrade of about eight inches in height. The favourite ornament ton he panels of these pews is the "linen panel," so called from its representing folds of linen, which was employed dur ing the sixteenth and early part of the seventeenth centuries. We cannot but deplore the loss of the few monu mental brasses which existed in the island, and of which there are traces in six of our churches'; and, although from their outlines they seem merely to have represented laymen or merchants, and to have been of the date of the middle or close of the sixteenth century, still they would have proved doubly interest ing to those inhabitants whose ancestors they probably represented. A question has lately been started in England, respecting brasses, whether they contained likenesses of those whom they commemorated. If so, we would have looked upon them with a still higher interest, and some might have had occasion to be proud of an ancestry, whose physiognomy indicated an elevation of soul. The churches were without fonts, from the time of the reformation until two or three years since, when the Lord Bishop of Winchester ordered one to be placed in every church. Two of the old fonts have lately been discovered in the ground ; one belonging to the town, and the other to the Vale church. They are of the Decorated style, and composed of Purbeck lime- ECCLESIASTICAL ARCHITECTURE. 401 stone. Before this time, small vessels, like coffee-pots, were used, and, of course, found very inconvenient. There is one thing, in particular, which deserves notice, — it is the removal of the tracery from the win dows ; and for this work of destruction we need not go back so far as the reformation, for we know that this has been done in more modern times. In some instances the tracery has been removed, in order to give more light, and in others to save a trifling expense for repairs. There is a peculiarity about the towers of several of the churches ; namely, the Vale, Torteval (the old church), the Forest, St. Martin, and the Catel. The towers are short and square, with a round pinnacle at each angle, supported on four short round pillars. The stone crosses on the gables have mostly been destroyed. They were in general small and plain ; but that on the west gable of the south aisle of St, Andrew's church is a cross-pattee. We shall close this account with a comparison of the dates of the consecrations of the churches in Guernsey and Jersey, extracted from an ancient black letter manuscript, entitled Le Livre Noir de VEvdche de Coutances. GUERNSEY. Consecrated. JERSEY. Consecrated. St. Sampson May 22, 1111. St. Brelade May 27, 1111. St. Martin Jan. 4,1116. St. Michael Sept. 29, 1117. St. Clement Sept. 29, 1117. Torteval Nov. 4,1130. St. Ouen Sept. 4,1130. St. Saviour May 30, 1154. St. Saviour May 30, 1154. St. Margaret Sept. 3,1163. Trinity Sept. 3,1163. St. Peter-in-the-Wood. June 29, 1167. St. Peter June 29, 1167. St. Martin Feb. 4,1199. St. Laurence Jan. 4,1199. Catel Aug. 25, 1203. St. John Aug. 1, 1204. St. Andrew Oct. 1,1284. St. Peter-Port Aug. 1 , 1312. Grouville Aug. 25, 1312. St. Mary Oct. 5,1320. St. Helier Aug. 15, 1341. These churches and priories were consecrated to God by the Bishop of Coutances, or his deputy, in the presence of many noble and pious persons, whose names appear in the manuscript. From the above c c 402 ECCLESIASTICAL ARCHITECTURE. comparison we observe, that the churches in both islands were built within a short time of each other, and that several were consecrated on the same day in the same year. It may not be altogether out of place to mention that the parishes of the island are named as follows in the Pleas of " Quo Waranto," held in the island in the second year of the reign of Edward the Second, before John Fressingfield and others, justices itine rant, William Des Mareys, on behalf of the crown, having then laid claim to certain lands and rents, " in parochiis Sci Petri in Portu, See Marie de Castro, Sci Salvatoris, Sci Andr', Sci Martini de Bellosa, Sci Samps', Sci Petri de Bosco, de Wale, Fortenal* et Foresta." No mention has been made in the foregoing account of any other religious houses besides the priory of Lihou. There were several, but of most of them few vestiges are now remaining. A small portion,' how ever, of the monastery of St. Michael, at the Vale, is still standing, and is converted into a farm house. There are buttresses of two stages supporting the south wall, and segmental arches in other parts of the house. Whilst noticing this building, which is situated below the Vale church, we may as well men tion the bells of that church, which are the oldest in the island. There is a Latin verse in old characters upon each, but no date. The letters on two of them are so much worn and so imperfectly cast that only one could be made out. Round the largest bell is the following verse: — "Est mihi collatum illic istud nomen amatum." From the style of the letters we should consider them not later than the fourteenth century. Of the other religious houses nothing exists but their names ; but even on this head much uncertainty prevails, several ecclesiastical establishments in Nor- * Evidently Torteval. ECCLESIASTICAL ARCHITECTURE. 403 mandy having held lands in the island, and it often appearing very doubtful whether the religious houses, whose names such lands still retain, were situate in Normandy or in Guernsey. It is not improbable that there was a religious house in the neighbourhood of the chapel of St. Apolline, for portions of mullions and tracery belonging to a large window have been discovered in the house opposite the chapel. At the back of this house there is also an old building, in the walls of which are the remains of arched windows and a fire-place : this was probably the kitchen of the religious establishment. The proprietor of these pre mises has in his possession the clapper of the bell, and also portions of the sun-dial and ornamented stone cross, which, it is said, stood on the summit of the east gable of St. Apolline. In the town parish there are several buildings which have been considered ecclesiastical, from their possessing sculptured lintels over the doors, and other ornaments in different parts. They were merchants' dwellings, and are ornamented with scutcheons con taining their private marks and initials, with garters and mottos. That in Mill-lane seems to have been built with the stone of another house, for the quoins are mostly portions of mouldings, and in some in stances stones in which iron railings have been set. The scutcheon over the door contains the arms of the De Saumarez family ; namely, a chevron with three towers, between three leopards' heads couped, and that over the window contains a merchant's mark. The corner house at the bottom of Berthelot-street was also a merchant's dwelling. Upon the spurs supporting the projecting story are scutcheons con taining merchants' marks, and the following words : "En Dieu j'ai mi mon apuy, et sa providence m'a conduit," with the date 1616. This house is said to have belonged to Mr. J. Briard, a name now extinct in the island. c c 2 404 ECCLESIASTICAL ARCHITECTURE. We shall conclude this chapter with a few remarks on the modern churches : — Torteval church, built on the site of the former one, is small and plain, and has a round tower and lofty round spire. St. James's, built in 1818, which is principally modelled upon the Doric order, belongs to that style which has prevailed for the last century and a half, a period, more especially, during which every true feature of our ancient ecclesiastical architecture has been lost sight of, and during which architects seem to have vied with each other in departing from the former purer styles. In some instances they have been anxious to display their universal skill in archi tecture by introducing several, if not all, of the orders into the same building ; and each has endeavoured to gain his reputation by having a style peculiar to himself. Buildings of this sort reflect no credit upon those who planned them, and they are anything but ornamental. Within the last few years, however, a better taste has arisen, and, instead of finding a mix ture of other styles, (the Italian predominating,) we begin to see the revival of a purer taste, and churches planned with more architectural elegance of design. St. John's, built in 1836, the general character of which is Early English, although far from being a perfect model, may be classed amongst this kind. We have been struck with one peculiarity about this church, which is, that the tower is at the east, and the altar at its west end. This church forms a very pretty object in that part of the town, and is a great addition to the landscape. CHAPTER VII. MILITARY GOVERNMENT. The most ancient titles given to the governors of the island were custos, gal lice gardien, anglice warden, and capitaneus or captain. This style or title is used in the most ancient extents preserved in the tower of London. Thus we find the expression: " Dominus rex habere consuevit unum custodem insularum." In several orders of Edward the First and Edward the Second, we read, " Edvardus rex, &c, dilecto et fidelissimo custodi insularum." The term captain is mentioned by Cowel in his dictionary ; he says, " We have captains in Gearsey, Guernsey, the Isle of Wight, &c." Ancient Extents speak of an officer in Guernsey in these words: "Dominus rex habet ibidem et habere consuevit unum constabularium." The old manu scripts, which preserve some fragments of insular usages, translate constabularius, lieutenant-governor, stating that the governor appointed him as his deputy. They also affirm that the constabularius received from each foreign vessel, barque, or boat which unloaded its cargo in the island, certain dues ; to wit, from each vessel loaded with wine or salt, two pots of wine, mea sure of the island, and two measures of salt. And if a vessel were loaded with wine and salt, then the lieutenant-governor was entitled to. half the quantity of each article. The governor is not only the chief officer among 406 MILITARY GOVERNMENT. the military in the island, but he has also the prece dency over all other public functionaries, by his re presenting more immediately the person of the sove reign. This important office must have been one of very ancient establishment. Mr. Falle alleges that when the Channel Islands were subject to the kings of France, the governors were styled comites and duces, earls and dukes ; and that Loyescon, who com manded at Jersey, in the time of Clothaire and Chari- bert, a. d. 560, was called comes; and that Anwarith, who had the same command two hundred years after wards, in the reign of Charlemagne, was called dux, which particulars, that author says, were obtained from documents kept in the abbey of Fontenelles, in Normandy, cited by Dumoustier in his Neustria Pia, page 1 54, wherein it is also specified that, in the time of Charlemagne, Geroaldus, abbot of Fontenelles, was sent to Jersey with an imperial commission ; but the subject of it is not stated. Though it does not appear from Falle, that any mention is made of Guernsey, it is not to be supposed, as Loyescon occupied the post of governor of Jersey in the time of St. Maglorius, who had all the Channel Islands under his spiritual care, but that the same measures were adopted by the Kings of France as to the political government of Guernsey, as both islands were equally dependent on France till they were an nexed to Normandy. The dukes of that province, so long as this connection lasted, appointed their own officers, and when Normandy was severed from Eng land, this right devolved on the Kings of England, the islands forming the last remaining fragment of the in heritance that descended to them from the conqueror. Many princes of the blood held these offices as Dukes of Normandy, the islands being considered part and parcel of that province, the King of England's eldest son having the title of Prince of Normandy, as he now has the title of Prince of Wales. For though MILITARY GOVERNMENT. 407 King Henry the First annexed the Channel Islands to the crown, yet, during the usurped reign of Stephen, the Earl of Anjou (afterwards King Henry the Second) remained in possession of that province, together with the islands, until he obtained the throne of England, when he conceded them to John, his son, earl of Mortain, to whom King Richard, his brother, con firmed the same after the death of his father. In all probability the Earl of Mortain kept the islands under his immediate custody after he became King of England, as no documents mention the name of any other governor till the reign of Henry the Third, and many authors attest that he came fre quently to Guernsey and Jersey, after he was seated on the throne. This prince, as well as his predeces sors, had a resident delegate to officiate for him during his absence. Rodolph De Valmont com manded in this island in the time of the Earl of Anjou, and held assizes, we presume, as bailiff; and Philip D'Aubigny discharged the same duty in the time of the Earl of Mortain ; for, as these princes were lords of the islands, they were also the local legislators, who delegated their authority to their deputies, both in civil and military matters. It is not then surpris ing that, under the reign of King Henry the Third, we find the governors styled in their commissions, custodes et ballivi; custodes, or guardians, being the ancient name given to them, as well as captains, till the separation of Guernsey and Jersey into two dis tinct jurisdictions ; since which time they have always been called governors. Prince Edward, afterwards Edward the First, pos sessed the islands, as is proved by a grant of his confirming certain privileges in Guernsey to William De Chesney. When any of the lords of the island were called abroad, or his own affairs prevented his residence, some other was appointed in his place, and, of course, invested with proper power, durante 408 MILITARY GOVERNMENT. bene placito, during pleasure, with the right of revoca tion. Thus, in the time of Otho De Grandison, Henry De Cobham and John Des Roches were ap pointed lieutenants or deputy governors. At a court of chief pleas held in Guernsey, in the twenty-seventh year of the reign of Edward the First, Dionysius De Tilbury is represented as governor and receiver of the island, and Rodolph De Grand as bai liff, so that both offices were then filled by different individuals. Among the manuscripts of Mr. Thomas Le Marchant, it is stated that that gentleman "had seen an authentic translation of some rents, made in Guernsey in 1428, under the Duke of Bedford, brother to the king, wherein he is styled prince and lord of these islands." We shall now give an instance in the same reign, when it was otherwise. Thomas D'Estfield, the gaoler, had his effects seized for the benefit of the crown, on his absconding from the island, after killing a man who had violently attempted to rescue a prisoner then in his custody. On receiving a report of this transaction, King Edward sent orders to institute an inquiry into the facts, and it was addressed Petro Le Marchant, tenenti locum Domini Ottonis de Grandison in insula Guern sey, to Peter Le Marchant, holding the office of Lord Otho De Grandison in the island of Guernsey ; and two months afterwards, the king, on receipt of his answer, referred the case to William De Grenefield, his chancellor, by a letter wherein he styles Le Mar chant " bailiff;" consequently, he must have dis charged the offices of governor and bailiff at the same time, the former by delegation from Grandison, the latter by virtue of his own right. But this was too great a trust to be confided to any single individual, and our sovereigns have ever since separated these offices, as being incompatible with each other ; for, although in the reign of Queen Anne, Sir Edmund. Andros, a native of Guernsey, was invested with both MILITARY GOVERNMENT. 409 commissions, yet, notwithstanding his great interest at court, and the honourable posts he held as governor of various provinces in North America (see page 129), he was obliged to appoint a lieutenant-bailiff to offi ciate for him and preside on the bench. From the reign of King Henry the Seventh, the islands of Guernsey and Jersey have been separated into two distinct governments, from which time the governors have in general enjoyed the whole revenue of the crown, each in his respective island ; but they maintained the garrison till the reign of Charles the Second, when the castles were put under the direction of the board of ordnance, and the governors exempted from that expense. Lord Hatton was the last gover nor of Guernsey, whose patent authorized him to appoint the officers, and pay them and the troops ; though it is true that some later commissions contain the same privilege. It has, however, never been acted upon since his time, and the insertion of this super seded right seems to have been an error of the clerks, who, proceeding on the old routine, modelled the later commissions on the old ones. Touching the respect and obedience due to the governor, the order of Elizabeth, in 1568, contains the following passage : — " Especial respect is to be had that the captain, as his majesty's principal officer there, be chiefly regarded, esteemed, and obeyed, in such degree as doth belong to the situation he holdeth, and be assisted and maintained by the bailiff and jurats, to the best of their power. The said captain, bailiff, and jurats, are to join together in all good friendship and concord, whereby they may, with more commo dity, each of them, attend their several charges." It appears by an order in council of 1 580, that the governor had for some time taken dues on merchan dize imported by foreign vessels, — a right which he attempted to justify under the pretext of encouraging the commerce of the inhabitants. But the royal com missioners, in 1607, deemed this to be an infraction of the privileges of the island ; and they reported that, in 1604, Sir Thomas Leighton, a man of most grasp- 410 MILITARY GOVERNMENT. ing avarice, promised " that he and his officers, touching the said custom, will demand no more than in the Extent is contained." By the approbation of the laws, sanctioned by Elizabeth, the governor is tx-officio admiral in the island; "and nothing appertains touching the admi ralty to the admiral of England, but to him whom his majesty may please to appoint admiral." In 1607, James the First empowered royal commis sioners to decide many articles of complaint presented by the inhabitants to his majesty against Sir Thomas Leighton, governor of the island, and they settled the following points relating to his jurisdiction : — " 1. — That the governor should not hold any courts martial in the island, except in time of war, or of imminent danger from pirates ; and then only after having taken the advice of the bailiff and jurats. " 2. — That in case of imprisonment of any inhabitant, he shall regulate his conduct according to the order in council of 1605. " 3. — That in case of preparations for war by the enemy against the crown of England, the governor shall not oblige the bailiff, gentlemen, or persons of middling station to keep watch and ward, but shall select other persons suitable for such service, after having consulted the bailiff and such jurats in whom he reposes the most confidence. And he shall maintain a just equality among the inhabitants. These are the express words of the commissioners ; ' neither shall he (the governor) compel any one to do more than another, but the charge and at tendance of the islanders shall at all times be equally apportioned, touching the said service.' " 4. — The governor shall not hinder merchants, their agents, or mariners, from landing on and quitting the island, or trafficking with foreign countries which are not at war with the realm of England, unless there be some special order from his majesty in council to the contrary. " 5. — The governor, in conjunction with the states, shall prohibit the exportation of wheat from the island in time of scarcity ; and, in that case, he shall provision the garrison from his own revenue. " 6. — Neither the governor nor his officers shall restrain the inhabitants from buying wheat. " 7. — The governor having forbidden, by public proclamation, any of the inha bitants from going on board a foreign vessel during the war of the League in France, and while several vessels from Dunkirk were cruizing round the island ; and some of the inhabitants having disobeyed this order under pretext of assisting a vessel in distress, and being in consequence put into prison, the commissioners did not blame that imprisonment. " 8. — All the inhabitants, when summoned, are obliged to wait on the governor and speak to him. "9. — The governor to allow natives to marry foreigners without exacting any money for his license. " 10. — It appears that the governor had the power, as his predecessors had for a great number of years, to nominate the bailiff of the island, the senechal, vavas- sors, &c, of the court of St. Michael, at the Vale, and of several other fiefs. The commissioners decided that the offices of governor and bailiff are incompatible ; that the governor; having once appointed a bailiff, cannot depose him ; but he may MILITARY GOVERNMENT. 411 depose the senechal, vavassors, &c, of his nomination, as other lords of fiefs can depose those of their nomination. " 11. — The governor cannot remove any of the rectors of parishes, although he has the patronage of their livings. " 12. — The governor may regulate the distribution of the provisions allowed to Castle Cornet. " 13.— He cannot compel the inhabitants to furnish beer or cider for the castle, without paying them a fair price. " 14. — He cannot oblige the inhabitants to arm against pirates, nor construct new fortifications in the island, without the express orders of the lords in council, and the advice of the bailiff and jurats. " 15. — The garrison shall have the choice of the most expert workmen for working at the castle, on paying nine sols per day for master workmen, and six sols for labourers (which seems to have been the regular rate of wages at that time). He shall also pay the current rate of wages to those who work for him personally." Before any act of the governor's authority can be put into execution in the islands, his commission must be first produced before the royal court. If he should be absent, a certificate of his having taken the oath of office must be produced, with a dispensation from the king to excuse his personal attendance, after which the commission is entered on the records. The obligation of the oath is not only to keep the islands and castle under subjection to the king of England, and to uphold the royal prerogative, but also to maintain the privileges and ancient customs granted by our crowned heads to the inhabitants, as well as to observe the ordinances of the court. The governor's greatest authority is over the officers and soldiers in garrison, he having supreme military command over them, together with the right of pu nishing any offence they may commit, according to the rules prescribed by the articles of war ; but this only applies to breaches of military discipline. The crown has reserved the punishment of capital crimes, assaults, &c, to the civil magistrate, as well as every other case wherein any inhabitant is concerned, there being no court martial ever allowed here except be tween soldier and soldier, for military disobedience.* If a soldier, living and dwelling in Castle Cornet, as troops formerly did, and of course under the imme- * Order in council, 1628. 412 MILITARY GOVERNMENT. diate charge of the governor, offended against the course of justice, as established in the island, the bailiff and jurats had always a right to demand that man from the governor ; and if he refused to deliver him up, they, in that case, had recourse to the privy council for redress, though it was required that forty days should elapse, allowing that time for amicable adjustment.* Some governors were formerly authorized by their patents to appoint officers and soldiers, and to regulate the amount of their pay. In time of war, when ad ditional troops were sent over from England for the defence of the island, and they could not all be con veniently lodged in Castle Cornet, it was customary for the inhabitants to provide quarters for the re mainder at the public charge of the island ; though, in the reign of King James the First, when some additional companies were ordered here, the king in council, anxious not to press hard on the natives, sent an order to the bailiff and magistrates " to take care that those soldiers committed no disorder, and that they paid for their quarters daily." As to the officers, they have from time immemorial provided themselves with their own lodgings, notwithstanding several attempts made from time to time to charge the expense on the inhabitants ; and, at even a com paratively recent date, many applications have been made for that purpose : but the British government, sensible that it would be an infringement of the pri vileges of the island, granted them a commutation out of the exchequer. The governor having, by his patent, the command of Guernsey and all the forts and forces within its limits, exercised, in very early times, great authority over the insular militia ; but it did not extend to Alderney, which island, about 1683, was granted by the crown, on a lease of ninety-nine years, to Sir * Order in council, 1605. MILITARY GOVERNMENT. 413 Edmund Andros, and by renewal was last in the pos session of Major-General Le Mesurier, who, in 1824, made it over to the crown for an annuity ; and now the governor of Guernsey has the superintendence of the Alderney militia. The governor appoints com missioned officers in the militia of the bailiwick, and has the regulation of the whole body, ordering them at pleasure to turn out, either by regiments or com panies, as he judges it to be expedient for their disci pline. The militia is very efficient in time of war ; the artillery and infantry are admirable marksmen, and have challenged and beaten, in target firing, the troops of the line stationed in the garrison (see page 257). Indeed, the late Sir John Doyle, when lieute nant-governor, often said that he would undertake to defend the island against any attack of the French with the local militia alone, unaided by British troops ; and, though this be a highly flattering compliment, many other experienced officers have assented to its truth. As no more convenient chapter than the present one of this History can be selected for a short account of the Guernsey militia, we shall state its origin and the constitutional privileges attached to its existence. The privilege of defending their own territory, so ho nourable a mark of freedom, may be traced in some respects to a natural cause ; to wit, the proximity of Guernsey to its most inveterate enemy in ancient times, which always obliged the inhabitants, in time of war, to be constantly on their guard against surprise or invasion. The political constitution of the island requires every man, from the age of sixteen to sixty, to provide himself with arms and ammunition, and even to perform rather more duty than the regular troops, by often turning out to drill, — to keep a strict watch round the island by night and day, — to repair the bulwarks, — to keep the garrison, when troops of the line were not in the island, — and, in short, to perform all other necessary services required for insular de- 414 MILITARY GOVERNMENT. fence. These several obligations induced Henry, earl of Anjou, as duke of Normandy and of the islands, to enter into a convention with the inhabitants, to the effect that, in consideration of the sum of seventy livres, which they bound themselves to pay annually, they should be free from taxes and from the duty of serving abroad, unless it was to accompany the duke in person for the recovery of England. This compact is confirmed by the Extent of King Henry the Third, dated 1249. These are the words : — " Homines totius insulse communiter debent singulis annis, sicuti pro auxilio, sexaginta et decern libras turonum ; et per illas lxx libras quieti esse debent omnibus occasioni- bus, nisi tantum cum necesse fuerit ire cum corpore Ducis Normanniae ad Angliam recuperandam." After the loss of Normandy, this yearly rent was made pay able to the crown of England. During the last war, about the year 1807, three natives of the Forest, fishermen, were impressed by a ship of war, while fishing near that parish. They belonged to the south regiment of militia, then com manded by Colonel Harry Dobree, who claimed them from Sir Edmund Nagle, the rear-admiral on the sta tion. He refused to release them, and the matter was referred by Sir John Doyle to the secretary of state, when an order was transmitted from the admiralty for the immediate release of the three men, Sir John having claimed them as part of the force under his command, and strongly urged the necessity of the militia being protected from impressment. The Precept of Assize, drawn up by the royal com missioners in the reign of King Edward the Third, taking notice of the proximity of the island to the French coast, declares that on this ground, and in consideration of the sum of sixty-nine livres and three sous annual rent, called aide du roi, to be paid to the crown by the inhabitants, they shall not be compelled, by any brief from the king, or any other authority, to MILITARY GOVERNMENT. 415 go out of the island ; notwithstanding which, his ma jesty may command the services of coast pilots. There is no doubt that the King of England, who enjoys the islands as his patrimonial right descended to him from the Dukes of Normandy, is the sole le gislator of them, and that they entirely depend upon his royal pleasure. He may, at all times, by a special order, command the services of any of the inhabitants; yet, by this equivalent, which is still paid to his ma jesty's receiver, it is clear that it can only be exercised on very extraordinary emergencies, as is more fully explained in several old charters, in which it is ex pressly mentioned that the inhabitants of the isles of Guernsey, Alderney, and Sark " are free, and exempt and acquitted from all works and expeditions of war, except in case the body of our sovereign, or of his, or her, heir and successor, should be taken and put in prison by the enemy." The British government are so sensible of the use fulness of the Channel Islands militia, that it conferred on them the title of " royal," (see page 209) ; and, in 1811, Mr. Thomas Goulburn, then one of the under secretaries of state, forwarded the following letter to Governor Le Mesurier, of Alderney, which defined the relative rank of the regulars and the militia : — " Sir, — With respect to the relative rank of the regulars and the militia of the island, I am to acquaint you that Mr. Ryder fully enters into the objections which the militia entertain of the existing arrangements upon the subject, and has there fore lost no time in communicating to the commander-in-chief the statement con tained in your letter ; and his royal highness is of opinion, that all future difficulty will be obviated, while no inconvenience can arise, from considering the militia officers, when required to act with troops of the line, as the youngest of the respective ranks, so that a regular officer will command all militia officers of the same rank, but that the superior rank of the militia will have the command of the inferior rank of the regular forces." It may also be observed that the surgeons attached to the militia regiments, if they afterwards enter the regular service, are allowed to count their time from the date of their militia commission ; and that the commission of an officer of this insular force, serves as a passport to France. 416 MILITARY GOVERNMENT. Guernsey being left without any regular troops in 1719, the lieutenant-governor, with the sanction of the royal court, ordered the militia to perform in turn the duties of the others, both in Castle Cornet and in the island, which continued for about three months, when some invalids were sent from England to relieve them. In time of war the governor directs constant watchings round the island, as well as the reparation of batteries and forts, when he thinks they require it ; but he has no right to order any new fortification to be erected, without first consulting the bailiff and jurats, and receiving the command or sanction of his majesty in council. Notwithstanding the several prerogatives of the go vernor touching the insular militia, he cannot punish any of them for neglect of duty, disobedience, or any other fault, being expressly forbidden, by several orders in council, not to imprison any one. If a mi litiaman disobeys, his officers report him to the attorney-general, who brings him before the royal court, who then judge whether he is guilty or inno cent, and act accordingly. The states of the island cannot be duly assembled unless the governor is previously apprized of their intention. The reason of this is very evident. The states, composed of the magistrates, clergy, and con stables, are presumed to represent all the inhabitants, and the governor, as representative of his majesty, has a right to be present, in case he should have any thing to communicate for the good of his majesty's service, or for the safety and improvement of the island, and thus give the whole meeting an opportu nity to deliberate upon it ; moreover, his attendance is also needed to see that nothing be done contrary to the royal prerogative. For similar reasons, the go vernor has a right to meet the court of chief pleas, which is held three times in every year, that the free tenants may do homage to the king, represented on MILITARY GOVERNMENT. 417 these occasions by the royal court, as also for the enactment of such ordinances as may be deemed ex pedient for the better government of the island. It has been supposed that the governors, without distinction, were anciently at the charge of paying both the lieutenant-governor and the garrison ; but this is an error, and it has arjsen from not considering the different manner in wfiich that post was occupied by different individuals. They who held it as lords of the island, either by apanage or in fee-farm from the crown, received all the public revenues, and con sequently it was only just and reasonable that they should defray the official expenditure ; but they who held the office merely as governors, representing the crown, and receiving a salary, could never have afforded to support the garrison. This distinction is too obvious to need further illustration. By an Extent of the revenues of the crown in , Guernsey and its dependencies, drawn up in the second year of the reign of King Edward the First, the annual income amounted to nine hundred livres tournois, — Guernsey being rated at seven hundred and sixty-five, — Sark, at eighty, — and Alderney, at fifty-five ; and, under the reign of King Edward the Third, the governor's salary was computed at two hundred livres, four deniers at that time being equi valent to one penny sterling. The king also retained a constable to guard Castle Cornet, who, in time of war, received two sols per diem, and, in time of peace, only sixteen deniers. This appears by the following extract from the old record: — "De ministris et offi- ciariis castri dominus rex habet ibidem et habere consuevit unum constabularium qui percipit per diem tempore pacis xvi. deniers tournois monetae, unde qua- tuor valent unum Estling ; et tempore metus guerrae duo sols tournois ejusdem monetae." These words seem further to imply, that this constable was both ap pointed and paid by the king, and not by the governor. D D 418 MILITARY GOVERNMENT. Notwithstanding the preceding estimate of the sa lary of these officers, it cannot be regarded as a fixed and invariable sum, as it depended entirely on the king's pleasure to allow more or less to one or the other, according to their merit, or the esteem he might entertain for them, of which many examples might be adduced ; and even when the governor nominated his own lieutenant, he no doubt made his own private bargain with him, as to the amount of his salary. Of course the price of provisions in those ancient times was very different from what it is now, as is proved by the Extent of Edward the Third just quoted. For example, a quarter of wheat was then valued at six sols; the rents in 1800 and 1812 were fixed as high as twenty-eight livres. A couple of fowls, which now cost on an average three shillings, are computed in the Extent to be worth one hundred eggs, and in those days one hundred eggs were worth a trifle more than sixteen sols. Now, as fourteen sols equal a modern penny, a couple of fowls could have been purchased at a fraction beyond that sum ; from which we may infer, that a penny, in the reign of Edward the Third, would have purchased as much provision in Guernsey, as three shillings can command in 1840. As the governors formerly resided in the island, there was but seldom any need of a lieutenant- governor, unless when he was obliged to be absent, in which case he appointed a deputy at his own expense. The governor most frequently dwelt in Castle Cornet, in which a spacious building was erected for his accommodation, but after the fatal accident that befel it, when Lord Hatton and his fa mily were blown up (see page 111), they have had a residence on the main land. Since that period also, the governors have been non-residents, and the acting military chief has been the lieutenant-governor. But after non-residence was permitted, the governor still enjoyed all the king's prerogatives in the island and MILITARY GOVERNMENT. 419 its dependencies, and the office dwindled down into a mere sinecure. He enjoyed the rents, quit rents, tithes, and champarts, together with several other emoluments, such as the poulage and treizieme ; but he was obliged to allow a certain proportion of tithes to the rectors of parishes. The governor used for merly to provide a court-house for the administration of justice, and also a prison, in consideration of which he was entitled to all escheats, forfeitures, and fines. This aggregate revenue was collected by an officer, called the king's receiver, who farmed it for a stipu lated sum, or received a salary. A question has been started among many persons, whether the lieutenant-governor was in strictness bound to execute the orders of a governor who did not reside in the island. They wdio insist on the affirmative, maintain that the lieutenant-governor, being bound by his commission to obey his superiors, was consequently obliged to follow such directions as he might receive from the governor. Those who hold the negative, contend that a governor absent had no direct authority over a lieutenant-governor present, unless he was specially empowered by an order from his majesty in council, who is the only superior, as these parties affirm, implied by the wording of the commission. On this difference of opinion we offer the following remarks. At the time when the lieutenant-governor was ap pointed and paid by the governor, he derived his whole authority from him, and acted merely as his agent, or, at most, as deputy-governor, and, when so circumstanced, no doubt he was obliged to follow the orders of his constituent ; but when, at a subsequent date, the lieutenant-governor held his commission directly from the king, and received his salary from the exchequer, he became rather the king's lieutenant than the governor's, being vested with the same au thority as the governor, and representing virtute officii d d 2 420 MILITARY GOVERNMENT. his majesty's person in the island, quite independently of the governor. The chief rule he had to observe was to fulfil the conditions of his oath of office, which made him personally and directly responsible to the king; and if he violated it, he could not plead the orders of the governor in his defence, the governor himself being subordinate to his majesty. The lieu tenant-governor of the island is, in fact, upon the same footing and establishment as many local governors of forts and castles in England, and receives a salary direct from the crown. The governor, for a long time, was merely a sinecurist, pocketing the money of the islanders, without rendering any equivalent. The office was very properly abolished in 1835, the late General Sir William Keppel being the last who held it, and the net emoluments, worth to the gover nors, from £1,600 to £2,000 a-year, have since been given in part to the clergy of the Established Church, schools, increase of salary to the law officers of the crown, and recently as a retiring pension of £150 a year to the receiver-general. It may be well to add, in concluding this chapter, that a militia aide-de-camp to the sovereign was first appointed by William the Fourth, Colonel John Guille, of St. George, being named by a commission, dated the 14th of September, 1830, "Aide-de-camp for the service of our militia in Guernsey." CHAPTER VIII. CONSTITUTION OF GUERNSEY. SECTION THE FIRST. ON THE LEGISLATIVE AUTHORITY. The legislative authority is vested in the sovereign in council, the imperial parliament, the states, and the court of chief pleas. The jurisdiction of each will be explained in the order in which they are enumerated. Of the sovereign and royal prerogatives. To give an accurate view of this branch of our subject, it is ne cessary to trace back affairs to a remote period, and to observe that Guernsey was dependent on the pro vince of Neustria, before the people called Normans had arrived from the north of Europe, carried their victorious arms in the heart of France, and compelled Charles the Simple to cede the authority of Neustria to Rollo, by the treaty of Clair sur l'Epte, when that chieftain assumed the style and title of the Duke of Normandy. William the Conqueror, having subjugated England, added that country to his other dominions, and thus became king of England, duke of Normandy, and earl of Maine. Since his reign, except during a short period, when his eldest son Robert was duke of Normandy, and during the usurpation of Stephen, this island has always remained under the sceptre of the Kings of England, as successors to the conqueror, even when all continental Normandy, as contra-dis- 422 CONSTITUTION OF GUERNSEY. tinguished from insular Normandy, was seized by Philip Augustus, and alienated from the crown of King John. It is evident from these facts that the Kings of England became sovereigns of Guernsey, because William the Conqueror had subdued the former country, and united it to his Norman domi nions under one common sceptre. But the island did not, in consequence of that arrangement, become dependent on England to the extent of being one of its provinces ; it is not one of her conquests, and has never been formally by act of parliament, or even tacitly, annexed to it ; it has always remained a rem nant of those dominions which the Conqueror held in Normandy at the time he reduced England, and con sequently it cannot be deemed part and parcel of that country, because Normandy never was an English province. It is not the efflux of time, or the limited territory of this island, that can change the nature of things. The principle must ever remain the same, and Guernsey continue to be a remnant of the ancient duchy of Normandy, distinct and detached from the kingdom of Great Britain and Ireland, though go verned by the same sovereign, yet under different titles ; for, in Guernsey, he is more properly duke, than king. We have thought it right to enlarge on the consti tutional independence of this island, because a false prejudice exists on the subject, many persons believing that Guernsey forms a component and integral part of England ; whereas, by tracing up facts to their origin, it is plain that no other connection exists between them than what arises out of their being governed by the same sovereign. Another cause of this error, is the fact of Guernsey- men carrying the English flag, from whence it is in ferred that they became English ; otherwise, it is affirmed, they ought to display a national ensign. But it is not without reason that they have discontinued CONSTITUTION OF GUERNSEY. 423 their own. After Philip Augustus had seized Nor mandy, they could no longer carry their national colours without wearing those of a province subjected to a foreign power, the enemy of their ancient dukes ; therefore, it was much more reasonable in them to assume the flag of other subjects of their own sove reign, than any longer retain that adopted by his and their enemies. The subject has been still further misapprehended by Guernsey being dependent on the bishopric of Winchester, but it is not on that account incorporated with the diocese. After the loss of Normandy, this island remained, during more than three centuries, under the spiritual jurisdiction of the Bishop of Coutances, its original prelate. It was not separated from it before the reformation transferred its spiritual jurisdiction to the Bishop of Salisbury, and afterwards to the Bishop of Winchester. But this change did not make Guernsey any part of the state of England that was dependent on that diocese, any more than it made it part of the realm of France, during the period it remained under the bishopric of Coutances, after Normandy had been united to the French crown. The sovereignty still belonged to the Kings of England, as dukes of Normandy, and in the same form does it still belong to them, although the ecclesiastical discipline of the island depends on the jurisdiction of an English prelate. With regard to the power of the sovereign in this island, it ought to be exercised according to the an cient laws of Normandy, to the same extent, and under the same limitations, as the dukes of that province were wont to exercise it over their subjects. If we refer to the charters granted by successive mo- narchs, we shall see that Guernsey is not only exempt from all subsidies and taxes, but that they guarantee to the island the privilege of free commerce with all known nations, who, as well as the inhabitants, have full liberty to import and export their merchandize, 424 CONSTITUTION OF GUERNSEY. without any hindrance and obstruction. Indeed, the power of the prince has its limitations here, as in England ; there, it can do nothing against the laws of the land ; here, he must conform himself to the customs of the island. The Coutumier of Normandy, which was not written till long after that province was subjected to the absolute power of the French kings, speaks very clearly concerning the duties of the prince. " The duke," it says, " is bound to govern them and defend them, by tbe laws and cus toms of the Coutumier of Normandy." The king, therefore, cannot deprive Guernseymen of their ex emption from subsidies and taxes, nor of their free commerce. The prince being the source and fountain of all jurisdiction, he may, as he has done, reserve to him self, in matters purely civil, the right of final decision by appeal. He may elucidate points of law which are obscure or doubtful, and give them an interpreta tion to serve as a future rule ; but he cannot alter the constitution, abolish customs, or introduce a new system, without the consent of the inhabitants. Nor can he exercise any controul in criminal cases, except in three specially reserved, or in such other matters as, from the forms of the insular jurisdiction, have been entrusted to the final judgment of the bailiff and magistrates. He can do none of these acts without violating the constitution and subverting all esta blished order. The king, when he pleases, may depose the bailiff, or other officers within the jurisdiction nominated by him, because, in general, he only appoints them during pleasure. But he cannot select or cashier any of the jurats. The right of choosing them belongs to the people, a privilege enjoyed since the reign of King John. By the constitution, they can only be deposed for malversation ; but the king may raise a jurat to the rank of bailiff. CONSTITUTION OF GUERNSEY. 425 When the Channel Islands were annexed to Nor mandy, an appeal from the local tribunals was per mitted to the Exchequer of Rouen, whereat the duke presided. That power is now vested in the sovereign in council, who has ever possessed the supreme ap pellate jurisdiction and legislative authority. Strictly to limit the bounds of sovereignty is impossible ; still there are cases in which both the Dukes of Normandy and the Kings of England were bound to consult the wishes of their subjects, as expressed by their repre sentatives. His majesty, therefore, is not possessed of absolute sovereign power ; the check on the prero gative, in most cases unlimited, is sanctioned by an order in council, which distinctly shows the opinion entertained by the lords of the council on the nature and extent of their own authority. An application was made by the country parishes of Guernsey to his majesty in council, in 1756, to alter the states' rate, which was, and still is, manifestly unjust ; and another prayer was added that, with a change of the rate, there should be a change in the representation, which also appeared reasonable. These reforms the states had not fully sanctioned, and the subject was referred, by order, to his majesty's attorney and solicitor- general, for their opinion, " Whether his majesty had the right to make an alteration in the representation of the states?" The case was not carried further. But as the first lawyers in England belong to the council board, this order of reference proves that they entertained strong doubts on the subject ; and, in principle, it is pretty clear that such an alteration never could take place without the consent of the states. The next, and perhaps the only additional case in which the power of the crown is limited, is in ques tions of raising money. All the ancient nations of Europe were exceedingly jealous of this privilege, and even the French "Etats" could not impose taxes 426 CONSTITUTION OF GUERNSEY. without the consent of their constituents. In Guern sey, this power is possessed by the states, with the sanction of his majesty in council. The application of the established revenue is, or ought to be, solely vested in the states. The augmentation of it by ad ditional taxation requires their vote, and his majesty's sanction. The imperial parliament. — Every act of parlia ment in which Guernsey is specially named, when transmitted by the clerk of the privy council, has force of law — provided it does not extend to the levy ing of taxes on the inhabitants. The island must be specially named. This is laid down as an axiom by Lord Coke ; and, in point of fact, upon his authority alone have acts of parliament, in which the island was thus named, been declared law. Yet the only case relied upon by this profound lawyer, for subjecting the island to the authority of parliament, whenever so named in an act, proves either nothing, or directly the reverse of his proposi tion. The act 33d. Hen. iv. c. 6., to which he refers, and upon which he relies, alludes to short guns, cross bows, and other weapons, which it prohibits to be used. Guernsey is nowhere mentioned in the enact ment ; but at the conclusion there is a proviso, that nothing therein contained shall extend to Guernsey or Jersey. Yet upon this bare dictum has every English lawyer relied, from Sir John Trevor downwards, in the teeth both of principle and of opposite authorities, when contending for the right of parliament to legis late for these islands. The point, however, has been so often debated during the last forty years, and the royal court has, in so many instances, adopted and enforced the provisions of acts of parliament in which the island happened to be named, that to contest it again would be the height of obstinacy. The following extract from the minute of the lords of the committee of council for the affairs of Guernsey constitution of guernsey. 427 and Jersey, dated the 28th of April, 1806, is the most recent decision on this subject, excepting one : — " The committee think it proper to state to your majesty, that the question, — whether the registration of an act of parliament, wherein the islands of Guernsey and Jersey are expressly named, be necessary to make such an act obligatory in the said islands, appears to have arisen in 1698, upon a representation made at that time from the island of Jersey to her majesty in council, praying a suspension of the act of navigation, passed in the twelfth year of the reign of King Charles the Second ; and the question having been referred to Sir John Trevor, at that time his majesty's attorney -general, he reported his opinion to be, — That the register ing any act of parliament made in England, wherein the island of Jersey is expressly named, is not necessary, in point of law, to make it obligatory there ; and such registry is only for the convenience of the islanders, that they may have notice of what acts are made in England to bind them. " And the lords of the committee for the affairs of Guernsey and Jersey, at that time having concurred in the same opinion of his majesty's attorney-general, it was ordered by the lords justices that the same should be transmitted to the bailiff and jurats, that they might govern themselves accordingly. Upon the whole, their lorrlships are of opinion that, as the act in question (the smuggling act) is binding by its own force, and there exists no power to suspend its execution, either in the whole or in part, the delay in registering it can have no other effect than to deprive the inhabitants of Guernsey of that usual notification of its provisions, which was meant to be given to them by the registration directed by your majesty's order in council of the 15th of August last ; and that, if any incon7 venience should arise from the want of such registration, the same will be imputable to the non-compliance of the royal court with your majesty's said order. Their lordships are, however, persuaded that none of the members of the court can have any wish to produce such inconvenience, hut that they have acted under an erroneous supposition that it was competent to your majesty to suspend the execution of some part of the said act while it remained unregistered. Although, therefore, the registration of the act be not necessary to give it a binding effect within the island of Guernsey, yet as it may be desirable that such registration should be made in the usual manner, their lordships submit that it may be advise able for your majesty peremptorily to direct the royal court forthwith to proceed to carry into execution your majesty's said order in council." The last determination on this point is dated 24th of November, 1821, and is contained in a letter from Mr. Under-Secretary Hobhouse to Sir John Colborne, lieutenant-governor of Guernsey, now Lord Seaton, from which the following is an extract : — "By a minute of the lords of the committee, dated 28th of April, 1806, it appears to have been the opinion of the law officers of the crown, and to have been ruled by the court of exchequer, that his majesty's subjects in the islands of Guernsey and Jersey and Alderney are bound to take notice of every act of the British parliament, although no registration thereof shall have taken place. The act, therefore, transmitted in my letter of the 19th of September (the act alluded to the corn bill), with the order in council, directing it to be registered, must be considered as binding as if it had actually been registered, and there exists no power in this country to suspend the operation of the act. Under these circum stances Lord Sidmouth desires that you will communicate the enclosed extract of the above-mentioned minute to the bailiff and jurats of the royal court, and recommend them to register the act immediately without waiting for a peremptory order in council, which, according to what was done in 1806, his majesty would probably be advised to issue." 428 CONSTITUTION OF GUERNSEY. Every act of parliament affecting the island must be transmitted. In point of fact, no act of parliament has ever been enforced, unless it had been transmitted. An attempt was made in 1823, but it failed.* Guern sey being unrepresented in parliament, no other rule could in fairness be adopted. Acts, in which the island was named, have remained unknown to the people for more than a century.f In point of law, this question was set at rest by the following orders in council. — Firstly, an order, dated the 1 st of May, 1698, transmitting the act 12 Charles 2nd, c. 23. 24., which states, that their lordships' understanding the above-named act was not then observed, they had sent it to the court, desiring that it might be registered and enforced for the future. — Secondly, an order in council, dated the 1st of July, 1731, by which it is directed that all acts relating to Guernsey shall hence forth be transmitted by the clerk of the council for registry. — And, lastly, the Jersey code, sanctioned by council, which states that " all letters and warrants shall be transmitted and registered before they are executed ; but that all acts of parliament, relative to Jersey, shall be transmitted for registry." The trans mission of an act of parliament, therefore, alone suffices, whilst for " letters or warrants," the transmission and registry are required. This is the distinction. An order or letter of council, the court may suspend the registration of, or remonstrate against it. This has been repeatedly done, and the local authorities have invariably been heard, and have sometimes obtained redress ; whereas an act of parliament must be imme diately executed when sent. To suspend the registry, and remonstrate against it to council, would be ridi culous, since the council could not afford redress, even were it so disposed. Petitions of this descrip tion, therefore, have been usually rejected. After, * The king v. Rogerie, June, 1823. t East India Trade Act, passed in 1721, and transmitted in 1823. CONSTITUTION OF GUERNSEY. 429 indeed, an act has been duly registered and executed, the local authorities may complain of its provisions and enactments, and obtain the assistance of council in getting it repealed ; but, in the interim, it must be registered and executed. Provided it does not extend to the levying of taxes on the island. To dispute this condition, would be to revive the American question of taxation without re presentation, with this difference in favour of Guern sey, — that its rights flow from a source wholly different from those of the British colonies. The privileges of the Norman isles were neither granted after conquest, nor to promote colonization. Their charters are neither acts of grace or pardon, nor boons of encou ragement. They have not, of course, the extent or strength of the ancient duchy of Normandy, but they possess, and are certainly entitled to possess, all its rights. The principle of virtual representation can, therefore, no more extend to them than it could to Scot land before the union, and much less than to Ireland, which was a conquest. To tax the islands, therefore, without their consent, would be an abuse of power without the colour of right — an act of pure despotism. Indeed, Guernsey, when united to Normandy, was exempted from the payment of any aid, tallage, or other taxation, by virtue of the special treaty, called " aide du roi." Only, then, upon the principle of protecting the general rights of the empire, can the power of parliament be exercised in any case, with regard to the Norman isles. The whole of the king's dominions are united by the same interests ; the strength of one part may be the salvation of the whole. It can never, therefore, be the intention, still less the duty of one portion of the empire to injure the other. If, therefore, any trade or commerce is carried on in the smaller state which is prejudicial to the greater, the insular legislature is bound to sup press it ; and if it refuse to do so, it becomes necessary 430 CONSTITUTION OF GUERNSEY. for the sovereign power of the parent state to interfere. For this reason has the British parliament included these islands in all acts passed for the protection of the revenue, as well as in all navigation laws. Of this the islanders have no right to complain ; for, participating in the advantages of British shipping, they cannot, in fairness, find fault if they are sub jected to its rules. Beyond this, parliament itself has not exercised any power ; but it is by no means so clear that the royal court of Guernsey has not, in wishing to carry into effect the principles of acts of parliament, adopted without necessity, and followed to the letter, many clauses which were only intended to apply to the mother country. An attempt was made by Berry, to prove from Riley, that parliament, from time immemorial, had interfered in insular affairs. But Riley, or rather Berry for him, evidently confounded the council, in which Norman as well as English barons sat, with the exclusive par liaments of England. The cases in which Guernsey is mentioned by Riley will alone prove this error. The first is the 33d of Edward the First, on the order of receiving petitions. " It was ordered by the king, that Sir G. De Boubry, and others, should receive the petitions of all who wished to deliver petitions, in the parliament at Westminster." This was proclaimed at Westminster, Guildhall, and Westcheap. " Then the king appointed Sir Wm. Inge, and others, to receive all petitions from Scotland. Then he assigned the Bishop of Chester, and others, to receive all that came from the people of Gascony, which can be answered without the king ; and lastly, he assigned Sir John of Berwick, and others, to receive all the petitions from Ireland and the isle of Guernsey, and to answer all those that can be answered without the king. And all the petitions relative to the said islands of Scot land, Gascony, Ireland, and Guernsey, as aforesaid, were delivered to those pointed out by the above." CONSTITUTION OF GUERNSEY. 431 This document, instead of proving any thing against the island, is clearly and pointedly in its favour. The petitions from England are first mentioned, — procla mation is duly made to them, — they are made to parliament and left to its decision. Then the petitions from Scotland, Gascony, Ireland, and Guernsey, being all classed together, as not subject to parliament, are received by a committee who are directed to answer them, except in such cases as the king reserves, not for parliament, but for himself. The recipients conse quently were only a committee of the king's own council for the affairs of Guernsey, Scotland, Gascony, and Ireland, similar to the present committees of council for the affairs of Guernsey, Jersey, and the colonies. The next document referred to, is a return from council, 23d of Edward the First, containing a com plaint for wines seized, and also several applications for livings, and others for services ; and, among others, an order made, upon complaint of several inhabitants, by which the lieutenant-governor and bailiff are di rected to appear in person before the king, in his next parliament, to answer these complaints, and receive judgment of the court. The heading of thes& com plaints is — "A brief of the petitions of the men of Guernsey and Jersey, — return from the council in autumn of the 23d of the king." How any dispas sionate inquirer could dream of inferring from these facts any parliamentary authority, it would be difficult to conceive. Several inhabitants apply to council, some for favours, others with complaints. Part of these applications are disposed of at once — the rest are referred to the next period when the court of council will meet, (which was invariably at the time of holding the parliaments) and it is ordered they shall there await the judgment — of whom ? Of parliament ? No — but of the king's court — that is to say, of the privy council. If any doubt could.be en- 432 CONSTITUTION OF GUERNSEY. tertained upon the interpretation of the words, "in our next parliament," it would be elucidated by an other case, also recorded by Riley: — "Alicia de la Chapelle, of the island of Guernsey, prayed grace and pardon of the king's mercy, for having stolen thirty- five sheaves of wheat, being the king's champart, for which she took sanctuary, and afterwards abjured." The answer on the back is, " Let her have mercy. Let the bailiff certify the manner and cause, and if it be as stated, the king grants her petition." Then follows the order to the bailiff " to certify clearly and distinctly that we may be assured thereof in our next parliament, to be held at Westminster, at Michaelmas. Witness myself, &c. " And under this are the words — " By petition from council." It cannot be here in tended that parliament should grant the pardon, for it is granted already. Parliament is merely mentioned to point out the period, " at the time of holding the next parliament ;" as in the complaint of the dean for interference in ecclesiastical matters, which precedes the foregoing by a few lines, where the same words are found. The king conferred advowsons, tried criminals, and granted pardons. These were his prerogatives independently of the authority of parlia ment. But it was necessary to fix a time within which, in cases of doubt, he was to be answered, and this was the time when all public business was trans acted — " the time of holding parliaments." The examination of the cases cited by Riley, therefore, not only disproves the affirmative, but settles the point of the non-interference of parliament ; it establishes, from the remotest period, the authority of council. This brings us to the second legislative authority. The king in council. — His majesty in council, as above stated, has ever possessed the supreme ap pellate jurisdiction and legislative power over the Channel Islands. The authority, exercised by the dukes of Normandy, is vested in the king of England. CONSTITUTION OF GUERNSEY. 433 Strictly to limit the bounds of sovereignty, is impos sible. Still, however, there are cases of exception in which both the Dukes of Normandy and the Kings of England were bound to consult the will of their sub jects, as expressed by their representatives. His majesty is not, therefore, possessed of that absolute sovereign power, in the sense of the law of England, as vested in the three estates of the realm. This check upon the prerogative, in most cases unlimited, is sanctioned by an order in council, which distinctly shows the opinion entertained by the lords of council respecting their own authority. An application was made by the country parishes of Guernsey to his majesty in council, in 1 756, to alter the states rate, which was, and still is, manifestly unjust ; and an other prayer was added that, with a change in the rate, there should be a change in the representation, which also appeared reasonable. This the states had not fully sanctioned, and it was referred by order to his majesty's attorney and solicitor-general, for their opinion, " Whether his majesty had the right to make an alteration in the representation of the states ?" The case was not carried further ; but as the first lawyers of England belong to the council board, this order of reference proves that they entertained strong doubts on the subject, and, in principle, it is pretty clear that such? an alteration could never take place without the consent of the states. The next, and perhaps the only additional case in which the power of the crown is limited, is in ques tions which relate to the levying of money. All the ancient nations of Europe were exceedingly jealous of this privilege, and even the French e'tats could not impose taxes without the consent of their constituents. In Guernsey, this power is possessed by the states, with the sanction of his majesty in council. The ap plication of the revenue is, or ought to be, vested in the states. The increase of it by additional taxation E E 434 CONSTITUTION OF GUERNSEY. requires their vote, and the royal sanction. This brings us to the third legislative power. The states. — The states are of two kinds, the ad ministrative states and the elective states. The administrative states are composed of — The bailiff and twelve jurats 13 Rectors of parishes 8 The king's attorney-general 1 One constable from each parish 10 Total number of members 32 This body, which is properly a general council of the island, wherein every inhabitant is supposed to be represented, and which is, or ought to be, the sole legislative authority within the island, cannot, in its present state, be traced further back than 1605, when the inhabitants petitioned King James the First to " re-establish the ancient states of the isle."* That a similar body had previously existed, is apparent from the language of the order. -It is by no means improbable that the royal court had for some time gradually made encroachments on the liberties of the people, aiming at what their successors have accom plished, — almost a monopoly of power. The states are convened by a written or printed notice of convocation, called a billet d'etat, issued by the bailiff and communicated to each of the members, usually about a week before the time of meeting, though on some occasions this period is extended. This notice not only lays down in the most explicit and literal terms the subjects of deliberation, and the very propositions to be decided, but general remarks and arguments by the bailiff, who, of course, advocates and enforces his own particular views. With him every proposition originates, and no amendments can be proposed ; the members of the states are thus * " Furthermore, where it is desired that the auntient use and authorise of assembling the states of this island for ordering the principal affairs thereof maye be re-established. This request seemeth reasonable and according to the auntient custome of the said isle thought meete to be granted."— Order in Council, oth June, 1605. CONSTITUTION OF GUERNSEY. 435 bound totally to adopt or totally to reject whatever emanates from his initiative. The more effectually to stifle the public voice, the constables do not give their own personal vote, but that of their respective douzaines, or parochial committees, who meet in their own parishes, and there resolve on the course of con duct to be pursued. This absurd custom strips the states of the character of a deliberative assembly, for though new facts may be stated and arguments brought forward which convince the constables that their douzaines have come to an erroneous conclusion, they are bound to record the vote they have given. Under such a system, eloquence and reason would be useless; hence it follows that not the slightest ap proach to oratory is ever detected in the senate of Guernsey. Many of the speeches are written out, and if a reply or a rejoinder is attempted, it is in the lowest degree colloquial. This system is, by the admirers of things as they are, regarded as unobjectionable, at least most con venient. The states are no longer a check upon the court. Convened at the will of the president, — tied down to the subjects he has submitted to their deci sion — compelled simply to adopt or reject his propo sitions, — and so constituted that the royal court and rectors, who are neither representative nor responsible members, have twenty-two out of thirty-two votes, they have, as might be expected, become of little use but to nod approbation of the conduct of their com mittees, to congratulate princes on the occurrence of happy events, to condole with them in misfortunes, and to present, on fitting occasions, loyal addresses to the throne. It is, virtually at least, admitted that the states have not the right to pass ordinances for general purposes, — that they can neither regulate the police, nor make general laws. This principle is indeed carried to so absurd an extreme, even in questions of ee 2 436 CONSTITUTION OF GUERNSEY. revenue, that although the states may vote a tax or impose a duty, yet they cannot enforce their own vote, but are compelled to apply to the royal court, — to a section of their own body, — for an ordinance to regulate the mode of levying the tax or raising the duty. Their functions are nearly limited to the voting of public money ; for even the superintendence of public works is generally entrusted to jurats of the royal court, — the majority of the states' committees being almost invariably composed of those gentlemen. That the states, in ancient times, were not so ab surdly limited in their powers as they are at the present date, is certain ; and on examining their proceedings, as extracted from the records of their deliberations, the gradual encroachment on their rights will appear evident. The states were established for " ordering the principal affairs of the isle,"* and for many years they did order them. They possessed the supreme legislative power within the isle,f — they received pe titions and decided upon them4 — altered the rate of contributions in the parishes, § — limited the importa tion and exportation of corn, ||— reinstated jurats who had been suspended by their colleagues,^ — taxed the fees of the court,** — and, on one occasion, went so far as to order its sitting to be suspended for a speci fied period. They entertained and discussed ques tions of privilege, submitted new propositions, de bated and determined them, and decided police complaints. The constables were as free as the other members of the states, consulting their constituents only at pleasure. That they were not constrained, as at present, appears from the wording of the old oath : " Item, with regard to the duties expected from you at the meeting of the said states, you promise that you will diligently assist thereat, whenever summoned so to * Order in council, 1605. t The court in chief pleas continued to make bye laws or ordinances. t 7th of October, 1644. 5 15th of February, 1607. II 22d of October, 1 608. 10th of January, 1739. 16th of May, 1739. 23d December 1740 f 14th of November, 1654. ** 20th of February, 1607. CONSTITUTION OF GUERNSEY. 437 do, and that you will faithfully and conscientiously give your counsel, opinion, 'and advice, on all matters submitted to you, without respect of persons or partiality, having regard only to the glory of God, the honour of your prince, and the welfare and public utility of this state." Which has been softened down to — "As to your duty as a member of the states, you will diligently assist at their meetings whenever summoned to do so, giving your own counsel and advice, and reporting that of your parish, the whole faithfully, &c." Which shows pretty clearly, that although a constable may be free in giving his own counsel and advice, yet he is constrained as to his vote, which must be in fact that of his parish, — that of persons who may have discussed the whole matter in the dark. Having shown the extent of power exercised by the states, we proceed to trace the steps by which they have arrived at their present condition. The first step was taken by the commissioners sent over by King James, who, no doubt undesignedly, and without duly weighing the effects of their regula tions, strengthened the hands of the royal court, the only rival power of the states. The states, when these commissioners visited the islands, had only been re-established two years. There naturally arose many disputes about voting and representation. Among the petitions of St. Peter-Port, " for the ge neral good of the isle," was one by which the inha bitants of that parish prayed " that an order be made for the formal composition of the three general estates of the isle, — defining the number of persons, their calling and quality, the manner of their election and admission into that body, and what shall be the au thority of the said company in general." The answer to this was as follows : — " Upon conference with the bailiff and justices, we find no such difficulty in the ordering and comparing of all the estates of the isle ; but that the bailiff and jurats, according to their an cient customs, may order the same as shall be needful. And, therefore, we refer the contents of this article to their discretion." The consequence has been, — 438 CONSTITUTION OF GUERNSEY. whether a legitimate or necessary one may admit of doubt, — that all questions of privilege, or that relate to internal arrangements, for example, whether a member has incurred a fine for non-attendance, and others more important, are decided by the court alone, — by a fraction of the administrative body, — in presence of the remaining members, who have no vote in the matters thus incidentally brought under consideration. The next cause of the decline of this legislative assembly was the inability of some of the parishes to send competent persons as constables to represent them in the states, which circumstance is thus com plained of in the article just quoted : — "Whereas, also, the persons which stand for the commons in that assembly have been, since the restoring of the said states, within these three years, as of necessity taken equally out of every parish in the isle, whereby it has come to pass that most of them have been, and are yet, altogether unfit, many parishes not being able to afford others, — the insufficiency of which persons may turn to the extreme hurt of the whole isle. Their humble request is, ihat hereafter the per sons who shall be appointed for the third estate or commons, be chosen mdiffer- ently upon all the isle of the most sufficient, without respect of their dwelling, in the same manner as the jurats shall be chosen." In 1 605, the court had ordered each parish to name two deputies as conne'tables d'etat, constables specially named to attend the states meetings, and apparently appointed for no other purpose. Several parishes being unable to find, within their own limits, fit per sons to hold so important a situation, the inconve nience was complained of by the inhabitants of St. Peter-Port, who prayed that these parish representa tives might be chosen indifferently from all the island without respect to residence. This, however, being submitted to the court was rejected. Some time afterwards the conne'tables d'etat were at their own request discharged, and it does not appear the office was ever revived. The ordinary constables became the parochial representatives, and that one of them might be capable of discharging this important duty, the senior douzenier, or senior member of the perma nent parish committee, called "the douzaine," was, CONSTITUTION OF GUERNSEY. 439 for a number of years, usually appointed one of the constables. This officer, on extraordinary occasions, naturally required the opinions of his colleagues, the other douzeniers ; and, sometimes, the debates at the states meetings were postponed, that some of them might be in attendance to give their advice. This practice having once gained ground, it became cus tomary for them all to attend the meetings of the states. Usage soon became a law, and they were at length fined for non-attendance.* The inconvenience and confusion arising from bringing one hundred and fifty-two persons to give counsel at an assembly where ten only could vote, may be well conceived. To remedy this, it became necessary to fix stated days of meetings, and on emergencies to give notice of the subject about to be brought under discussion. The states, accordingly, in the year 1646, during the rebellion — at a time when the island was torn by faction, and when, in consequence, emergencies frequently occurred — decided that they should meet at stated periods, and that they should be convened by a billet, or summons, from the chief magistrate.! Here is evidently the origin of the present system. The douzaines, being previously informed of the sub ject of discussion, could easily advise with their con stables, and were thus saved the trouble of personal attendance, — whilst the constable, knowing the gene ral sentiments of his douzaine, was still at liberty to act upon his own responsibility. It accordingly hap pened that, from this period, the douzeniers seldom, if ever, attended. But the chief magistrate, being also at liberty to convene the states upon any given subject, it soon followed that the deliberations could not extend beyond the propositions he pleased to submit ; and the court, who met at all periods, and had always possessed the power of making laws at their chief pleas meetings, soon assumed the whole * 22d of January, 1644. f States meeting, 2d of January, 1646. 440 CONSTITUTION OF GUERNSEY. legislative authority. Still, however, the states moved amendments, received protests, and adjourned their meetings. The power, or rather the practice, of ex ercising these privileges was, however, gradually lost, and the states became, what they are at the present day, a mere phantom of power. The meetings of the states are open, though they were originally held within closed doors. That se crecy was binding on the members is evident from the following words in the oath administered to the constables : — "As to your particular duty in the capacity of a member of the states, into which you are received and admitted, you will be diligent in your attendance, keeping secret all matters therein discussed, till, by general consent, they are permitted to be disclosed." Although the practice of holding closed meetings has long ceased, it would appear, from the fact of the oath remaining unaltered to this day, as well as from the absence of any record authorising a change, that the meetings of the Guernsey states are open rather by sufferance than by right. There is no political institution more absurd, un just, and defective than the administrative states of Guernsey. St. Peter-Port, possessing two-thirds of the population and three-fourths of the wealth of the island, has only one vote, and is placed on an equality with the insignificant parish of Torteval. Even that solitary vote may be neutralised by that of the rector, who is one of the irresponsible members. This sys tem requires a deep and searching reform ; the oligar chical character must be annihilated, and the states extensively popularised. The best interests of the island have been sacrificed by the concentration of legislative power in the hands of the court and clergy, whose union drowns the general voice. Guernsey- men profess themselves lovers of liberty ; but the majority seem enamoured rather of its shadow than its substance. CONSTITUTION OF GUERNSEY. 441 The elective states, or rather the electoral body, are composed of — The bailiff and twelve jurats of the royal court 13 Rectors of parishes 8 The king's attorney-general 1 Two constables from each of the ten parishes 20 Twenty douzeniers from St. Peter-Port 20 Sixteen do. from the Vale parish 16 Twelve from each of the remaining parishes 96 Total number of members 174 This body is assembled only to elect jurats and the king's sheriff. The elective states were reduced to their present form at the commencement of the seven teenth century. Previously to that time, the jurats and the king's sheriff were elected by all persons paying rates, the constables of each parish collecting their votes at the church door at the close of divine service, on the Sunday appointed for the election. An inspection of the public records shows that jurats were thus elected in the years 1553, 1564, 1573, and 1578. According to what are called, in these islands, the constitutions of King John, or the deed under which the royal courts of Guernsey and Jersey were consti tuted, these elections were to be made "per ministros domini regis et optimates patria," by the king's ser vants and the heads of the people. This vague definition, which was generally interpreted to mean the members of the court, and all persons assessed to the public rates, produced numberless disputes, and upon the application of the parish of St. Peter-Port to the royal commissioners sent hither by King James for one-third of the votes in proportion to their assess ments, it was ordered that all elections of jurats and of the sheriff should be made by the bailiff, jurats, constables, and douzeniers.* Not a word is said in the order respecting the rectors, but from the great similarity of the elective body to what the adminis- * Report of Commissioners, 1607. 442 CONSTITUTION OF GUERNSEY. trative states then were — a similarity that would have been perfect in all respects had the rectors formed part of the elective body — it may be pre sumed that occasionally it was convened simulta neously with the states, and that, in process of time, the rectors, who of course were present at the states' meetings, were allowed to have a vote in the elections. Probably, too, from this circumstance, the body of electors were afterwards called, as at present, the STATES. That the elections of jurats are not so popular as they were previously to the change just referred to, and as they still are at Jersey, where every person paying rates has a right of voting, is perhaps an ad vantage in favour of Guernsey. It is one thing to elect a member of a legislative assembly, for instance, a constable, to represent, during two or three years, a parish at states' meetings, — it is quite another to elect a judge for life. In the former case, the indivi dual may be elected in reference to his views on the particular questions likely to be agitated in the legis lature during his administration, — in the latter, regard must be especially had to his general character, to his probity and impartiality, to his talents and acquire ments. In the former case, again, if the representa tive fail to give satisfaction to his constituents, an opportunity soon offers for his removal ; but, a judge incompetent to discharge the important duties of his office, or in other respects failing to give satisfaction, can never be removed. Though, therefore, popular feeling may be allowed to have a voice in the election of a legislator, it by no means follows that it ought to exercise such influence in that of a judge. Popular elections, also, besides throwing the public mind into a ferment, are extremely uncertain in their results. In times of tranquillity, the candidates chosen may be those whose qualifications best entitle them to the vacant office ; but when the minds of men are in- CONSTITUTION OF GUERNSEY. 443 flamed by political dissensions, this influence often yields to more impetuous motives. And, after all, the elections of jurats in Guernsey are still, in a very eminent degree, popular, for the douzeniers who com pose the bulk of the electors, whilst occupying a rank in life which places them beyond the influence of menaces or promises, are still so connected with the mass of the population by a community of interests and feelings, that their will may be well regarded as the will of the people. An extension of the electoral body, which would give a greater number of votes to the people, and particularly to the town parish, might, however, most beneficially be effected. The most cruel part of this system is the compulsory service of a jurat, who, if elected, must be sworn into office, under pain of imprisonment or self-expatriation. The court of chief pleas. — The bailiff and jurats now constitute the court of chief pleas. That court has always possessed the power to frame bye laws and police regulations ; but originally it was not pos sessed by them alone. At present they monopolize the supreme legislative and administrative power within the island. The imposition of taxes excepted, it would, indeed, be difficult to name an act of legisla tion which they have not passed. It was remarked by Warburton, more than one hundred and fifty years agone, that the ordinances of the royal court were but provisional regulations, and not esteemed laws unless confirmed by the sovereign, and that they had then obtained a " greater allowance of authority than they ought to have." This " allowance of authority " has gone on increasing ever since. Formerly the ordi nances of the court lasted, it would appear, but three years. It is now impossible to know the time they are supposed to last ; for whilst it is admitted as a prin ciple that they may fall into desuetude, still no definite term beyond which, if not acted upon, they are to be regarded as virtually abrogated, is any where specified. 444 CONSTITUTION OF GUERNSEY. The royal court, as already stated, did not anciently possess or exercise, as they do at present, the sole legislative power at the chief pleas. The chief pleas, as it will presently appear, were, in point of fact, the states of the island. When Guernsey was a dependency of Normandy, each fief had its court ; and once a year a general court appears to have been held by the bailiff and four knights, two of whom, with the bailiff, resided in the island, the others coming from Normandy. The place of meeting was in the Vale parish, at a place then, and still, called " Les Landes du Marche'," where the public market was held, and afterwards at St. Anne's, near the King's Mills, in the parish of St. Mary de Castro. At these assizes, the ancient laws were proclaimed, and new regulations made in pre sence, and by the advice, of the military and other tenants. These regulations had force of law as soon as enacted, but political ordinances of importance were regarded only as provisional until they had received the assent of the duke. After the separation of the islands from the duchy of Normandy, King John is said to have appointed twelve jurats to replace the knights. They, with the bailiff, the tenants in capite, and other principal inhabitants representing the community, continued to hold pleas and pass provisional ordinances three times a year. An abstract from the Tally-office, formerly in the possession of Mr. Thomas Le Marchant, giving an account of a court of chief pleas, held in Guernsey, in the twenty-fifth year of Edward the First, names the following members as composing it : — The go vernor, the bailiff, the magistrates (now called jurats), the prevot or sheriff, the sergeant, the bordiers, the free tenants, and a great number of other persons styled jurati* taken from the various parishes, of * These Mr. Le Marchant supposed to have representad the douzaines, who probably may have been little more than a permanent grand jury. CONSTITUTION OF GUERNSEY. 445 whom two from each parish were styled jurats electors. Here are evidently the ministri domini regis, or ser vants of the king, and secondly, the optimates patria, or heads of the people, mentioned in the constitutions of King John as authorized to elect the magistrates. Here too are the " auntient three estates of the isle for ordering the principal affairs thereof," which it was the intention of King James to re-establish. The persons convened at the present meetings of the chief pleas are the bailiff, the governor, the jurats, the crown officers, the tenants in capite or lords of fiefs, the bordiers, the constables of the various parishes, and the advocates.* Of these the bailiff and jurats now alone exercise the power of making ordinances. The governor, for whom the sheriff is always sent by the court, but who does not attend, has a deliberative voice, but no vote. The king's attorney or solicitor-general submits the matters to be taken into consideration. The constables and advo cates attend merely, it is supposed, that they may be informed of such changes as may be made in the laws. The representatives of the spiritual and temporal lords, though pompously proclaimed at every sitting, as, for instance, the bishop of Winchester (who stands in the place of the abbot of Coutances), the abbot of Mount St. Michael, the abbot of Blanchelande, the abbot of St. Geoffrey's cross, the lord of Anneville, of Saumarez and others, who also sat, as originally in England, by virtue of their tenures, — these, as well as the bordiers, one of whom rejoices in the singular cognomen of Fantome, or Phantom, (which would admirably apply to the whole body of lords and bor diers,) attend apparently for no earthly purpose whatever, unless it be for affording — like the ghosts or phantoms of things that once were — a perpetual memorial of the constitution of the ancient states, now merged into the court of chief pleas. At what time * Ordinance of April, 1619. 446 CONSTITUTION OF GUERNSEY. the bailiff and jurats obtained, or assumed, the whole authority, does not appear, but they have succeeded in rivalling the omnivorous capacity of Aaron's rod. The jurati, or douzeniers, had ceased to attend before the records, which are extant, commenced. The governor's authority continued much longer. Old ordinances are frequently stated to have been passed " du consentement du capitaine ;"* and one of them, for the punishment of blasphemy, says, " du consente ment du capitaine et assent du doyen," — thus pointing out that, in some cases, the governor's sanction was essential, and that, in others, the assent of the dean was required. The "Approbation des Lois," confirmed by Queen Elizabeth in 1583, about twenty years before the states were re-established on their present constitution, has the following remark : — " We are not accustomed in these islands to have three sorts of estates ; but all political affairs are regulated by the advice of the governor, bailiff, and jurats of the royal court, after having, through the constables, ascertained the wishes of the generality of the people." From this it would appear that the court, by whom the "Approbation des Lois " was compiled, already claimed the right of exercising, along with the governor, the whole legis lative power, — that they had in some way contrived to get rid of the clergy and douzeniers, — and that they denied to the constables — to the representatives of the people — all other right except that of a deliberative voice. This usurpation, coupled with the denial of the existence of three estates, of magistrates, clergy, and douzeniers, was, some time afterwards, severely commented upon by the Rev. Thomas Le Marchant, in his "Remarques et Animadversions sur V Approbation des Lois," a work we have already cited at page 88. The stringent remarks of the author on this subject being worthy of a wider circulation than they are * The governor was then styled " Le capitaine." CONSTITUTION OF GUERNSEY. 447 likely to obtain when confined to his work, are here subjoined : — " By the ancient and modern constitution of the duchy of Normandy, of which this island formerly was a part, and by that of the kingdom of England, to which the said island is now rather annexed than incorporated ; and by the difference and real distinction observable in this island between the three estates of persons, to wit, the magistrates, the clergy, and the people, it is notorious that there are, and in fact have been from remote antiquity, persons of the three estates, in this island, although the authors of the ' Approbation,' seem to be ignorant of the fact, and openly deny it. This also manifestly appears in the Extent and Precept of Assize, when questions arose of sufficient importance to affect the police of the island, the rights of the prince and the functions of the magistrates, which were inquired into and reported upon by the notables of the people, with the consent and in the presence of the magistrates and the clergy. Moreover, notwithstanding what is said in the ' Approbation,' remarkable traces still remain in the election of jurats and of the king's sheriff by the members of the three said estates, which are public matter, and of more consequence than any other. But these authors of the 'Approbation,' having rejected the two other estates, have acquired a perpetual dictatorship, by which they invade our privileges as they will, dispose of the public funds, and impose taxes on the inhabitants at their caprice. As to the consent of the people through their constables, it is the shadow without the body of the ancient power of those said estates, the court at present regulating all affairs of high moment, the constables not daring to offer any opposition, so that they frequently acquiesce in measures of which the generality of the people have only heard. Besides, when the said constables are summoned to give their advice on such political affairs, they are seldom made acquainted with the subject to be discussed, so that they are unable to gather the opinions of their parishes, and then declare them to the court ; and if they do indirectly become acquainted with the topics about to be taken into consideration at those assemblies, which are still called (but through an abuse of language) the states, and convene their respective parishes, to ascertain the wishes of the generality of the people, the said bailiff and jurats would call such conduct sedition and popular tumult ; nevertheless, it is impossible otherwise to give correct information to the magistrates." It will further appear by the following extract from this shrewd writer, that, according to the ancient constitution of the states, all questions relating to the imposition and distribution of public burthens, should be determined by the representatives of the people alone, and not by the court and clergy : — " There is also a remarkable fact contained in the seventh article of this chapter, (the seventh chapter, book second, of Terrien's Commentary on the Customs of Normandy,) which declares that in such assemblies of the states (wherein the ' Approbation ' pretends that the power of the governor and the court, with the opinion of the constables, in the name of the parishes, has been substituted) when public affairs and particularly the raising of money were discussed, it was necessary that the third estate (that is to say those who spoke for the people) should give their consent as to the proportion which each should bear, without the remainder of the assembly, even if more numerous than the others, being allowed to determine any thing in this respect, — which rule is not observed in the meetings of the said governors, bailiff, jurats, and constables." The clergy and douzeniers having thus been ousted from the chief pleas meeting, and the constables, who 448 CONSTITUTION OF GUERNSEY. alone remained, having been restricted to the exercise of a mere deliberative voice, which they had to give without being allowed to consult the inhabitants, the pretence of wishing to ascertain the vouloir de la ge'ne'- ralite became an absolute farce, and being at last deemed quite unnecessary, the constables themselves, as might have been expected, were dropped as an useless appendage, and the bailiff, governor, and jurats henceforward assumed and exercised the sole legislative power in the court of chief pleas. The ancient spiritual and lay lords were probably retained merely to render homage to the crown, or give the meeting the appearance of a representative body ; but the constables never returned until so recently as 1802, when the court issued an ordinance requiring their attendance, merely that they might be informed of such changes as were introduced into the laws. The states, as now constituted, appear, as already observed, to have been re-established under King James. From that period, therefore, until now, the island has exhibited the singular anomaly of possess ing two legislative bodies — the states and the court of chief pleas — acting independently of each other ; the smaller one, however, though neither a representative nor a responsible body, — though constituting one of the three sections of the larger one, and though dis charging judicial functions the most multifarious and diversified, yet exercising by far the greater share of authority. In April, 1824, the royal court, in chief pleas as sembled, passed an ordinance to prohibit the introduc tion of French cows into Guernsey, subjecting them to confiscation when imported, and the importer to a penalty of one hundred livres tournois (£7 2s. lOd.) for each. The importation of French bulls was pro hibited by a previous ordinance, and as the legality of both has lately been questioned, we shall bestow a few remarks on the subject. CONSTITUTION OF GUERNSEY. 449 In 1766 the lords of council gave it as their opinion " that the royal court had the right to make ordinances to regulate the exportation and importation of provi sions" (see page 149); yet it may reasonably be doubted whether the word regulate extends to prohibit, and whether live cattle, which may never be intended to be slaughtered in the island, but brought to it for re- shipment, can be classed under the word provisions. In the latter case, corn and flour, sheep and pigs, sugar and coffee, and wine and spirits fall under the same denomination, and their free importation is lia ble at any time to be prohibited, or, in other words, the royal court, immoveable by, or irresponsible to, the inhabitants, may controul the chief part of the foreign commerce of the island. Precedents certainly exist to warrant the royal court in passing this ordi nance, but such ordinances were never submitted to the decision of council, whose opinion only has been given. Moreover, precedents without number might equally be cited to justify the continuance of the torch and the faggot — the infliction of torture,* and the punishment of sorcery and witchcraft, even unto death. But surely the present upright and estimable magistrates composing the court of chief pleas ought to be ashamed to follow precedents, not only despotic and unconstitutional, but established in times so un enlightened and barbarous. In 1737 the royal court assured council that they never pretended to be vested with the power and au thority of making laws, which was what neither they nor their predecessors had ever assumed, but that they deemed themselves authorised and empowered * See page 88. Warburton, whose treatise was drawn up in 1682, says— "By the law approved, (Terrien, Lib. xii. cap. 37.) torture is to be used, though not upon slight presump tion, yet where the presumptive proof is strong, and much more when the proof is positive, and there wants only the confession of the party accused. Yet this practice of torturing does not appear to have been used in the island/or some ages, except in the case of witches, when it was too frequently applied, near a century since. The custom then was, when any person was supposed guilty of sorcery or witchcraft, they carried them to a place in the town, called La Tour de Beauregard, and there, tying their hands behind them by the two thumbs, drew them to a certain height with an engine made for that purpose, by which means sometimes their shoulders were turned round, and sometimes their thumbs torn off; but this fancy of witches has for some years been laid aside." F F 450 CONSTITUTION OF GUERNSEY. to make such regulations as were necessary for en forcing and putting in due execution the laws of this island (see page 197). The prohibition to import French bulls and cows is, we conceive, clearly a law, and not a regulation to enforce a law which previously had no existence. There is no doubt that the inter dict on French cows raises the price of beef nearly ten per cent., and that the town of St. Peter-Port pays annually nearly £2,000 more for its meat than it otherwise would do. Thus, the court may tax the inhabitants without their consent, although the states cannot do so without the sanction of council. When the court ruled, in 1809, that the proprietors of wheat rents might exact wheat of island growth in payment, it would be ridiculous to admit, when its decision was reversed by council, that the court could have attained its end by immediately prohibiting the importation of foreign wheat. The ostensible motives which induced the ordi nances we are animadverting upon were, it appears, — 1st. To preserve the purity and good qualities of Guernsey horned cattle. 2d. To quiet the fears of the English agricultural interests, by preventing the pos sibility of French bulls and cows being introduced into England under the name of Guernsey cattle. But good judges are of opinion that the island cattle would be materially improved by an occasional cross with the fine Norman race, from which they evidently derive their origin; and if the second reason alleged be a valid one, the royal court is much more called upon to prohibit the importation of foreign corn, it being manifest that its fraudulent introduction into England, as Guernsey corn, is much less difficult than the in troduction of French cattle as Guernsey cattle. We have stated the ostensible motive ; but was not the real one to conciliate the country parishes at the ex pense of the town ? The former may indeed inscribe on their banner "legion, for we are many," possess- CONSTITUTION OF GUERNSEY. 451 ing, as they do, nine representatives in the adminis trative states to one of the town ! We have admitted that precedents exist in sup port of the ordinance under discussion, and as they are not generally known, we proceed to cite a few. 1642, October 3; parsnip seed not to be exported from the island during the present year under pain of confiscation, and a fine of one thousand livres. — 1673, January 19 ; sheep not to be imported this year. — 1 682 ; the retail price of Bordeaux wine affixed at eight sous the pot, and the importation of all other wines from France prohibited under pain of confisca tion ! — 1683, October 1; all persons prohibited from buying bulls, cows, and sheep arriving from Nor mandy and Brittany, under penalty of thirty livres tournois on the buyer. — 1735; the importation of wheat prohibited, unless the price of island wheat ex ceed seven livres the quarter. — 1743 ; the importation of barrels from abroad prohibited, under pain of confiscation. But if such precedents justify the pre sent prohibition of French bulls and cows, might not the court of common pleas, by the same right, now enact such ordinances as the following: — 1544, the price of wines affixed, and not to be exceeded under a penalty of twenty livres, and three days' imprison ment ! * — 1581 ; the bailiff, jurats, and assistant offi cers of the court having chosen their meat, the butcher compelled to deliver it to them, or to their servants. — 1593; the bakers to buy no corn but from the " receiver" as long as he has any. — 1684 ; the inha bitants prohibited from selling their wheat above nine livres, and barley above eight livres the quarter. — 1687 ; foreign wheat to be sold five sols per bushel less than island wheat.f — 1693 ; the price of meat fixed by the sheriff and an inhabitant of the town and country. * From this period to the year 1682 there were enacted many ordinances regulating the price of wines. t Equivalent to a duty of one livre per quarter, or one-sixth, wheat rents being affixed that year at six livres. F F 2 452 CONSTITUTION OF GUERNSEY. — 1695 ; butchers not to cut or retail their meat before nine o'clock a.m., under a penalty of thirty livres. Beer, when imported, was also ordered to be sold at a given price, there probably being neither wine mer chants nor brewers on the bench in those days of commercial ignorance, and notwithstanding it must be confessed that the assize on bread, which has only of late years been discontinued, was quite as injudi cious as the impolitic restrictions just cited, nothing tending so much to high prices as the shackling of commerce. In 1623 the interest of money was fixed by an ordinance at six per cent., and in 1725 at five per cent. In 1671 the court ordered that no clergy man should presume to speak of any " affaire civile" in his sermon. SECTION THE SECOND. THE ROYAL COURT. Though it is impossible to determine, with undoubted certainty, the precise date at which the civil jurisdic tion of Guernsey originated, it is nevertheless clear that it can be traced to the time of Rollo, first duke of Normandy, who annexed the islands to his conti nental dominions, for the Clameur de Haro, still ex isting, was founded by that prince. From his time to the reign of King John, the laws are stated to have been administered by a bailiff and two chevaliers, or knights, and sometimes the bailiff alone judged causes and pronounced sentence. The most difficult and in tricate cases were referred to the grand assizes, held once in every year, at which time two itinerant jus tices were sent to the island, who, with the bailiff and chevaliers, in presence of the duke's ministers, free holders, and others elected by the public, terminated all disputes, there being then houses in the islands specially appointed for those chevaliers, and made hereditary to their office. The duke's ministers were probably those who, by their tenures, had the honour CONSTITUTION OF GUERNSEY. 453 of being members of his household, in case at any time he should visit the island, such as the lords of the fiefs of Anneville, Saint Michael, Saumarez, &c. The free tenants were obliged to be present at the grand assizes, most probably merely to do homage, in the same manner as is practised in the modern courts of chief pleas. Those elected by the public seem to have corresponded with our constables, re presenting the whole of their respective parishes. After the loss of Normandy, whence the chevaliers and itinerant judges were sent to hold the assizes, King John thought it necessary to establish a more fixed local jurisdiction, by adjoining to the bailiff twelve magistrates residing in the island, by the name of coronatores or jurats, to act as guardians of the public peace, and conservators of the rights of the crown. This is the generally received account, and as such we adopt it ; but an able commentator* has, in a recent ingenious disquisition, gone far to prove, first, that the document in Latin termed the constitutions of King John, was, at the most, only a declaratory statute of a pre-existing system, and, secondly, that a question arises whether in fact such a statute, or a statute of any kind to that effect, ever issued from royal authority. He says — " Let me first describe this document. It is a mere list or schedule of sundry and promiscuous articles of polity and regulation. It bears on the face of it no form, formality or style, usually characterising charters, statutes, or institutes. It is headed, or rather superscribed, " Constitutions and provisions, constituted by the Lord John, the king, after Normandy was alienated;" but the people for whom they were intended are not named, and the heading may be altogether for tuitous : otherwise than in that heading, the king's name does not appear ; — the place of emanation is not stated, nor is the date given : — the king's signa ture is not to it, neither is that of any councillor, secretary, or other functionary, to authenticate it : — no seal is appended or affixed to it ; neither the great seal, nor the privy seal ; nor any other mark whatsoever, to give it the force of law ; it is not addresssd to any authorities whatever, in or out of the islands ; it is not registered here or in Jersey ; and the source whence it may have originally been produced, is utterly unknown, as it bears no mark of its having been procured from any of the record offices in England. The original is not extant, and is not known ever to have been in existence ; it bears the appearance of a compilation more than anything else, at an epoch certainly posterior to King John's death ; it is a sort of memorandum of an uncertain tradition. * Lieut.-Colonel De Havilland.— See Guernsey and Jersey Magazine, vol. iv. 454 CONSTITUTION OF GUERNSEY. " I proceed to its contents, which are various in purport and in character. The seven first articles regard the institution, the election, and the functions of jurats. These are related in the past tense, and, therefore, are not the words of the legis lator to whom they are ascribed. It is there also stated how they are to act with the bailiff, and with the justices of assize. They refer to islands in the plural number. " The eighth article regards the determining of all cases here. It is a part of the covenant (as respects this island at least) which was entered into, in King Stephen's reign, for an annual money consideration. No. 9 secures to the owner of realty his property, if he have had peaceable possession of it a year and a day. This probably has reference to the old law of retreats and redemption. Nos. 10 and 11 regard the confiscation of property in cases of felony. No. 12, on the subject of prisons, is obviously taken from the inquest of Henry the Third, of 1249, and applicable to this island only. No. 13 requires the prevot to be elected of the people, a then ancient custom. " Nos. 14, 15, and 16 concern the itinerant justices in both islands. No. 17 exempts the inhabitants from doing homage to the king, except he come here, or go to the duchy of Normandy : or empowers some one, by his letters patent, to receive it here. This article could scarcely have been so framed at the time of the alienation of that duchy, but it is another corollary, as it were, flowing out of the above composition, (not to be unconsentingly called out of the island J entered into, for money, in Stephen's reign. No. 18 purports to be a provision under circumstances of warfare, (consequently no fundamental principle,) for the security of the isles, castles, and ports thereof. " Here ends the document as handed down by Mr. Falle. The sequel, which I shall here insert at length from a French manuscript in my possession, is proba bly what he calls " a supplement, which" (he says) " Philippe d'Aubigny obtained when Henry the Third confirmed the constitutions of some other articles and con cessions about trade, which, being of no use at present, are omitted." Here they follow : — " ' 19. — En outre, fat ordonne que tous navires etrangers, qui ne seroient de sa puissance et qui passeroient aux isles, donneroient un marcq d'argent de cofitume ; mais apres le deces du roi, notre sire, a la requete de Monsieur Philippe d'Aubigny, notre sire, le Roi Henri, fils du Roi Jean, notre sire, en a reclame la moistie. " ' 20. — II a ete en outre ordonne, que tout bateau de la dite isle, portant poisson, flottant en Normandie, donneroit pour chacun tour, quatre sous tournois ; mais a la requete du dit Philippe, la moistie en a ete relache, par le meme Roy Henry, notre sire. " ' 21. — Et en ce meme temps la salerie des congres fust etablie, entre la fete St. Michel et Paques, laquelle les bailiffs du roy, notre sire, ont pris en ferme comme l'esperkerie ; et la salerie fut premierement faite et etablie a cause des pescheurs, lesquels portoient du poisson aux ennemis du roy, notre sire. " ' 22. — En ce meme temps, fut ordonne que tous marchands doivent coutume des boeufs, pores, et suif, et autres achats, de toutes leurs denrees ; mais les gens de l'isle doivent etre quittes, quant a. leurs propres nourritures. " ' 23. — Aussi il a ete ordonne et pourvai pour le substenement, et profit des chateaux et de la forteresse du roy, notre sire, et de toute l'isle, que tous les pecheurs conviendroient au pais, pour vendre leur poisson par trois jours en chacune semaine ; a, scavoir, tous les jours du Mardy, Jeudy, et Samedy.' "Now, observe that No. 19 seems to regard the islands generally, while the last four apply solely to this island. I have now gone through the whole of the paper yclept the Constitutions of King John, which, by some people, is held to be, as it were, the cradle and frame-work of our present constitution; and is ascribed to King John, who was certainly dead before the document existed, as it now stands ! And such then is the document on which the reverend author of the Jersey History, and others, have founded their speculations in that particular." Assuming, however, the document styled the con stitutions of King John to be authentic, that sovereign CONSTITUTION OF GUERNSEY. 455 appears to have reposed so much confidence in the inhabitants, that he granted them the privilege of choosing their own judges, and from among them selves. Ii debent eligi de indigents insularum per ministros domini regis et optimates patria ; that is to say, they must be chosen from among the natives of the island by the king's ministers and the principal inhabitants. Next we have the following clause :— Post mortem unius eorum alter fide dignus, vel alio casu legitimo, debet substitui ; that is to say, if any one df them die, or vacate his seat on lawful grounds, another person, worthy of trust, is to be appointed in his place. The Pre'cepte d' Assize amplifies this, and says the most noble, discreet, prudent, loyal, and rich of the island. Notwithstanding that King John admitted judges itinerant to come over once in three years to hold the assizes, it was not with any intention of restraining the royal court's right of jurisdiction, since he em powered the bailiff and jurats to judge of all causes, either with or without them, except in very difficult cases, such as treason, or personal violence offered to any of the king's officers, while executing the func tions of their office. The expression runs thus : — In casibus nimis arduis ; et si quis legitime convictus fuerit de infidelitate versus dominum regem ; vel si quis imposuerit manus violentas in ministros domini regis modo debito officium exercendo. At present the three cases excepted out of this jurisdiction are treason, coining, and striking the bailiff or magistrates, or king's officers, while sitting on the bench. By the words " Et si quis legitime convictus fuerit," it is evident that though the punishment of such offenders is reserved to the crown, yet the royal court is authorized to examine into the offence itself, and to see that there is good foundation or sufficiency of cause of action ; and the words " nimis arduis," imply that the judges of assize were ordered over 456 CONSTITUTION OF GUERNSEY. only to assist our jurats in the determination of the most intricate causes, and by way of instructing them in delicate points of the law, which we may naturally suppose were, in those early days, very little known in these islands. These constitutions having been, from time to time, confirmed by the sovereigns of England, a copy of them remains on record, but it is not dated ; however it is generally supposed to have been drawn up after Philip Augustus of France had expelled King John, and declared him to have forfeited all his rights and prerogatives to the kingdom of Normandy. But the king, in consideration of the fidelity of the islanders, which they proved, among other acts, by driving away all disaffected priests, chevaliers, and other discon tented Normans, is supposed at this period to have made this concession in their favour, in order that they might retain, in their full integrity, their ancient customs and liberties, independently of the laws of England. Several copies exist of an act of chief pleas con cerning the reparation, or rather the erection, of a bridge, now called Le Grand Pont, for the convenience of the inhabitants of the parishes of the Vale and St. Sampson, who complained " that they had been greatly impeded and damnified by the incursions of the sea, which had swept away and destroyed the convenient passage which existed between the said parishes, so that it was impossible to continue religious processions or traffic one with the other, and imprac ticable to go to the parish of the Grand Sarrassin," now St. Mary de Castro. This act was passed by Nicholas De Beauvoir, bailiff, John Le Gros, James Le Marchant, Peter De La Lande, Robert De La Salle, Colin Henri, Rauf Meril, Gautier Blondel, and Guilet Lefebvre, jurats, dated the 4th of October, 1204, the very year in which Normandy was united to the crown of France. CONSTITUTION OF GUERNSEY. 457 Though the itinerant judges of assize were originally appointed to act as assistants to explain the laws to the magistrates, which were very scanty and defective at that time, they used all their means to subvert and destroy the constitution, by encroaching on the au thority and privileges, both of the courts of Guernsey and Jersey . These usurpations and illegal proceedings prompting the islanders to make complaints against them, Edward the Third, in the fifth year of his reign, sent over Robert De Scarborough and John De Tam- worth, with other men learned in the law, empowered by a special commission to judge and determine " all quarrels and injuries " complained of by the bailiff and jurats, or any other person whatsoever. Another commission was also given to Robert De Hoo, for assisting the magistrates in the functions of their office, and defending the rights of the crown, which most probably gave rise to the establishment of the king's procureur. In an abstract from the rolls of the king's briefs, held at Jersey, in the pre sence of royal commissioners, the inhabitants of that island being summoned to give reasons for claiming the right of having twelve judges of their own election, we find a full narration of the insular constitutions, as established by King John, which those commissioners confirmed and ratified with some amplifications. Doubtless, the same defence was made in Guernsey, where the inhabitants were equally distressed, and who also obtained relief by the judicious regulations drawn up by those royal commissioners, called " Le Pre'cepte d' Assize," which has ever since been a stand ing and settled authority in the island. From that period judges of assize have ceased to visit Guernsey. On special occasions commissioners have been sent over to redress grievances and reform the laws. In order to render more authentic the many trans actions passed before this jurisdiction, Edward the First honoured Guernsey and Jersey each with a 458 CONSTITUTION OF GUERNSEY. public seal, representing in both three leopards passant (the arms of the ancient province of Normandy) , with the difference, however, of a branch of laurel as a crest to the escutcheon of Guernsey. Many have imagined that this laurel was granted to the Guern seymen, on their aiding in the recapture of Mount Orgueil Castle, in Jersey, during the later reign of Edward the Fourth, 1460 ; but this is an error, as is evident from the inspection of many ancient deeds, authenticated by this seal anteriorily to this last date, wherein the branch of laurel is depicted, and it may therefore be fairly ascribed to Edward the First. Had the patent given an explanation of both seals, we might be the better able to examine the true cause of this distinction between the two islands, but they were sent engraved with the name of the islands inscribed round each respective seal : the original grant in favour of Guernsey is missing, and it probably explained what is now conjectured. However, a crest of itself denotes honour, and a laurel is seldom or ever allowed, except to commemorate some signal action. It has been surmised that Guernsey received this mark of distinction in remembrance of the recapture of Castle Cornet by the inhabitants, after it had fallen into the hands of the enemy through the neglect of the captain, which was the reason why the bailiff and jurats were authorized to keep a check over the governor for the future, and inspect the fortresses of the island, to see that they were at all times provided with stores and ammunition. Having thus explained the origin of the royal court, we proceed to notice the various officers attached to it, their functions and duties. We commence with the president, or, as he is styled in Guernsey, the bailiff. The etymology of the word " bailiff" may be traced to a Saxon origin. It signifies " battler, confier a la protection — to entrust to the power of some officer, who is invested with authority to enforce obedience CONSTITUTION OF GUERNSEY. 459 to his commands. We still have the high bailiff of Westminster ; and the chief civic magistrate of Lon don was formerly called " the bailiff," Richard the First changed the official title into the modern name of mayor, in 1 189. The office of bailiff being of very ancient establishment, is probably the reason why the qualifications required in his person are not specified in the constitutions of King John ; yet, in accordance with the Precepte d' Assize, he ought to be a man of note, resident in the island, and answerable to the jurats for wrong or illegal decisions in matters affect ing the crown. If the bailiff committed a breach of trust, he forfeited all his moveable and real property. He was required to be possessed of landed estates, to be able to answer to the king's justiciaries for any illegal act, in the shape of penalties. As first civil magistrate in the island, the bailiff is entitled to rank next to the governor, and at court his seat is elevated above all the rest, which shows his independency of the governor himself, in the functions of his office. Originally the bailiff was not simply an officer of justice ; he was also an officer of war. In Nor mandy, their sentences emanated directly from the exchequer of Rouen, which was the sovereign court of the duchy before a parliament was established in that province by the kings of France. The king appoints the bailiff, although formerly the governors named some of those functionaries ; but the sovereign claimed back this prerogative, which is reserved to him exclusively by the order in council of the 27th of May, 1674. He is sworn into office by the judge delegate and the jurats. By the Extent of Edward the Third, he received from the governor, as salary, thirty livres tournois, or £2 2s. lOJd. sterling, per annum.* By the Precepte d Assize, he could not absent himself from the island without the express permission of his majesty. He cannot alone judge * For the present salary of this functionary, see page 186. 460 CONSTITUTION OF GUERNSEY. any cause, nor give an opinion on any matter except by way of advice ; it is his duty to collect the opinions of the jurats, to pronounce their sentence, and dictate it to the greffier ; but if the votes are equal, then he has the casting vote, both in civil and criminal cases. As president of the court, he has control over the advocates, and is empowered to reprimand or suspend them for breaches of forensic decorum. Judicial permits, called Remedes, to levy a parochial rate or sell the property of a debtor, must be signed by the bailiff or his lieutenant, and the custody of the seal of the island is entrusted to him. But he may depute the power of sealing to two jurats, though he cannot break their seal unless in their presence or the presence of two other jurats. If the bailiff imagines that the jurats have pronounced an erroneous or illegal sentence, he may postpone judgment for forty days, to give them time for revising their sentence ; but he must, at the expiration of that time, record the verdict of the majority. The court fees of the bailiff, according to the Ap probation des Lois, were fixed on the following scale : — For a judgment, one sol sterling ; for a vue de justice, idem ; for an enrolment, four deniers sterling ; for signing a document with the jurats, two deniers ster ling ; for affixing the seal of the island with the jurats, eight deniers sterling. The bailiff also received three sols six deniers tournois for the permission he granted to strangers to announce the sale of their merchandise by retail, and the same sum for a permit to arrest strangers in civil matters, and also inhabitants when suspected of an intention to leave the island, in order to compel them to give bail or appoint an attorney to answer for them in any suit instituted against them by the party who issued the arrest. These fees have since been trivially raised, but still there is no jurisdiction where they are so insignificant as in this bailiwick. CONSTITUTION OF GUERNSEY. 46 F The jurats. — There are twelve jurats, elected and chosen by the people from among the principal in habitants.* They are also called justiciaries, as being justices under the bailiff, and associated with him in the exercise of the judicature. Each of them is sworn into office before the bailiff and at least two jurats. We learn from the Precepte d' Assize that they were established in the room of the four cheva liers, and are bound to serve the king and his subjects in this island at their own expense without receiving any compensation from the king or any one of his subjects. No jurat can be deposed, except in order to be raised to the rank of bailiff, unless convicted of perjury or treason. The bailiff and jurats have the right to take cognizance of all civil and criminal causes within the island, to judge the parties and inflict punishment, except in the three cases already stated, which are reserved to the crown. They are intermediate judges between his majesty and all his subjects inhabiting the island. They are judges in admiralty cases, there being no other admiralty court but the royal court. No person is exempt from their jurisdiction. The king there pleads through his pro cureur. All sentences pronounced by the bailiff and jurats are executory, except where an appeal exists to his majesty in council. Every action, opened before them, must proceed to definitive sentence, before an appeal. They take cognizance of disputes between lords of fiefs, and the clergy, in all real actions, or actions which savour of the realty. Con tracts and sales are passed before them, which formerly were passed before notaries. They act as coroners on the inquest of bodies found dead, and can order them to be examined by surgeons. They are allowed * The conducting of the proceedings, both of the states and royal court, in the French language, is becoming annually more adverse to the election, as jurats, of many of the prin cipal inhabitants, who, receiving their education in England, do not. speak French with sufficient fluency to enable them to sit on the bench, although, perhaps, they may be better qualified than others who are elected. This is an evil which must continue to increase, English being now entirely the language of the upper classes in their families ; indeed, it is almost generally spoken by all ranks in the town of St. Peter- Port. 462 constitution of guernsey. three annual dinners at the cost of the king's revenue, at the chief pleas of Christmas, Easter, and Michael mas, and a dinner when any convict is banished from the island. Formerly the governor farmed the king's weights and received the revenue ; but it is now vested in the bailiff and jurats for their own account and profit, they paying twenty shillings per annum to the king's revenue, as acknowledgment of tenancy. The king's procureur. — This officer is nomi nated by the king, and corresponds to the attorney- general in England. Some have said that he is styled procureur, because it is his duty to procure good for the sovereign and his subjects, but this etymology appears frivolous. We would rather derive it from pro curid, he representing the king before the court, in which the king is always presumed to be personally present. He is sworn into office by the bailiff and jurats. By the Extent of Edward the Third, he re ceived a salary of ten livres sterling, and was entitled to his dinner with the jurats. He may give his opinion and his vote in the states, though the comp troller cannot. The procureur is bound to live in the island, nor could he appoint a substitute before 1738. (See page 138.) In all cases which concern the sove reign and the public, he gives his conclusions or view of the subject, both on the fact and the law, with the comptroller, and, if they are both absent, the court cannot give a decision : their conclusions have so much weight that they are generally adopted by the magistrates. Both these officers are public accusers, although that duty is specially attributed to the pro cureur. In criminal causes they act together, when the crown is interested ; when an individual enters a criminal cause against another for defamation, ill- treatment, &c, the plaintiff must employ one of these officers to bring forward his case, and the defendant may employ the other. The procureur and comptroller claim the right of pleading in these cases of adjunc- CONSTITUTION OF GUERNSEY. 463 tion ; but though such is now the usage, there is no law which compels a defendant to employ a crown officer to the exclusion of other advocates. The procureur is bound to undertake and defend the causes of the poor, — to cause the rules and orders of the court to be enforced, — to prosecute all who are accused of crime, and to be present at the execution of sentences pronounced against criminals. He may accuse and bring before the court those whom he believes to be guilty, without being subject to any damages towards the party accused if he fail to sub stantiate his charge. If, however, it appears that the procureur has acted through malice, fraud, or a desire of calumniating the party, then he must be condemned in his own private and proper name to damages. When there is an informer, he is obliged to name him to the defendant, if required, after the defendant has been acquitted, that he may know against whom to claim compensation. By an edict of Charles the Ninth of France, recorded by Terrien, the judges of sovereign or inferior courts are not bound, while taking preliminary evidence, in criminal cases, to communicate such evidence to the king's procureurs. He also records another decree by which judges are prohibited from interrogating or confronting witnesses in presence of the king's procureur or advocate, who also are prohibited from attending on such occasions. But by the Approbation des Lois, the king's procureur may be present at the examination, interrogation, and confrontation of witnesses. The comptroller. — This officer is called in Jer sey the king's advocate, and corresponds to the solicitor-general in England. As the Precepte d' Assize does not mention the king's comptroller, there is every reason to conclude that no such officer existed in the island at that date, for we cannot suppose that so important a functionary would have been passed over in silence. The date at which this office was 464 constitution of guernsey. established in the island is unknown. Etymologists differ as to the derivation of the word contrdle or comptroller. We incline to think, that in ancient Normandy he was rather a fiscal than a judicial officer, and that in the exchequer of Rouen he re ceived and audited the ducal revenues ; hence he was " controle," because it was his duty " compter le rdle ;" but this is a mere conjecture of our own, probably of little value. However, in Guernsey the comptroller is named by his majesty ; his functions nearly resemble those of the procureur. He takes the same oath, formerly received the same salary, and he is equally forbidden to give advice or plead against the king ; neither could he formerly appoint a deputy. He may act alone in the absence of the procureur, who takes pre cedency over him ; and when they are both present in court, he gives his conclusions and advice in all matters where the procureur is consulted, excepting in the states, where he has neither a vote nor a voice. In strictness he ought not to be present at the ex amination of witnesses in criminal causes, for the Approbation des Lois limits that privilege to the procureur. The king's prev6t or sheriff. — The prev6t is also an officer of the court, established in place of the serjeant of the sword, who is mentioned in the Cou tumier of Normandy ; he is chosen by the inhabitants of the island, as we have already described, in the same manner as the jurats are elected ; nevertheless he is called the king's sheriff. When a title to rents or real estate is contested before the pleas of inheritance, he is the trustee or depositary of the subject matter in dispute ; and after having examined the pretensions of the litigant parties, he' gives to each of them his report, on which the court pronounces sentence. He gives creditors saisine of the estates of their debtors, arrests persons and constitution of guernsey. 465 effects, and constitutes persons prisoners in gaol in civil and criminal cases, after sentence of court. In civil matters against strangers, an arrest is valid on the signature of the bailiff, lieutenant-bailiff, or two jurats, and also against an inhabitant, to compel him to appoint an attorney to represent him in a suit at law. The sheriff sees to the execution of the sentences of the court for the correction and punishment of criminals, and he must be present at the execution ; he is also bound to warn the jurats to assemble at court when ordered to do so by the bailiff. When any one is sued for a rent due on his estate, and does not answer to the two first summonses before the court in the pleas of inheritance, and again absents himself on the third summons, the sheriff becomes the repre sentative of the defaulter against the plaintiff, and pleads the cause as the defaulter would have pleaded it, had he been present ; and if the sheriff, having thus become party to the suit, renounces to the in heritance on which the rent is claimed, the plaintiff obtains saisie, or legal seizure, of all the estate of his debtor, from the day at which the sheriff renounced, and it is the province of the sheriff to put the plaintiff into possession of such inheritance, — a process ex pressed by the term battler saisine. According to the Approbation des Lois, the procu reur has the right to inspect the weights and measures, and stamp them with a public mark, before any one can make use of them ; and if, on inspection, he finds the weights too light, or the measures too small, he may bring the delinquents before the court, who are then fined at the discretion of the bailiff and jurats. But notwithstanding this article in the Approbation des Lois, there is every reason to conclude that the custody of the standard and stamp of weights and measures belongs in law to the office of sheriff. This appears by an act in judgment, dated the 19th of May, 1632, which was passed on the occasion of a dispute between G G 466 constitution of guernsey. the then procureur and sheriff, by which the court unanimously decided that the demand of the procureur should be rejected, and the sheriff maintained in the enjoyment of the right of guaging and stamping all weights and measures, and everything dependent on them, as he and his predecessors had formerly enjoyed the same, on the ground that the procureur had not shown any title to his pretended right ; on the con trary, the court held that it had been annexed from time to time to the office of sheriff, notwithstanding the clause in the Approbation des Lois. It was, how ever, conceded that the procureur, with a view to the interests of his majesty and those of the general good, should have the right of inspecting the weights and measures whenever he deemed it right or necessary, with a view to discover abuses and defects which might be committed, and to inform the court of them when needful. The sheriff has the inspection of rivulets and water courses, that they may be kept in good order and in their usual channels. His fees are taxed according to the Approbation des Lois ; for an arrest in town, four deniers sterling, and for one in the country, or in the roads, one sol sterling, and as much to give possession or saisine of an inheritance. When he arrests a person, he must put him in prison, and if the prisoner escapes through his negligence, he must pay the amount of the debt due to the arresting creditor, and, by an ordinance of 1614, he is fined three livres tour nois for the first neglect of this duty, suspended for the second, and dismissed for the third. The sheriff may appoint a deputy ; formerly he received the dress of an esquire at arms, hay and oats for his horse, and one of the stray beasts, which were confiscated to the crown, unless reclaimed by the owner before St. John's day. He now receives ten livres tournois salary from his majesty, and his chief pleas dinners with the jurats. constitution of guernsey. 467 The greffier, or registrar of the king. — The greffier is named by the king. The Precepte d' Assize fixed his salary at ten livres tournois, and allowed him his chief pleas dinners with the jurats. His title is evidently derived from the Greek word — to write. He may appoint a deputy, who represents him when sick or absent from the island. The office of greffier being one of great confidence and great im portance to the public at large, it was never given to a person under twenty-five years of age, or unless he was well versed in its duties, and this rule still obtains. It is the business of the greffier faithfully to register the ordinances of the court, the sentences and regulations of the magistrates, and to give, without delay, correct extracts from the registry to all who may demand them. He is the keeper of the records of the island, given to him by the bailiff and jurats, with an inventory. He is bound to furnish the pro cureur gratuitously with copies of registers which relate to causes which affect the king, being compen sated for such service by the salary he receives from the crown. According to the Approbation des Lois, he is entitled, for writing a letter on parchment, to four deniers sterling ; for drawing up " une minute," two deniers sterling, and as much for registering it; for an enrolment and an adjourn two deniers sterling ; and for an act of court extracted from the registry, a denier and maille sterling ; but these fees have long since fallen into desuetude. The greffier holds no jurisdiction in this island. He is obliged to answer in a civil action, for the faults of his clerk, and to reside in the island. It is not fitting that a greffier should act as an attorney or notary in the jurisdiction in which he exercises his office. The king's serjeant. — The Serjeant or beadle of the king ought, according to the Precepte d' Assize, to be named by his majesty ; but this right has been claimed by the governors. The serjeant receives g g 2 468 CONSTITUTION OF GUERNSEY. from the crown, a salary of ten livres tournois per annum, and his dinners at the chief pleas. He makes proclamation of the ordinances of the court, and exposes to sale property judicially seized. He delivers ajours or notices of actions, serves warrants, and, when required', must show that he has done so in the manner and form described by the law. He cannot distrain on the fiefs of lords, without special order and commission, except for debts due to the crown, or where anything is in imminent peril, and in which the king's procureur must be a principal party. Besides the king's serjeant and his deputy, there are several other Serjeants on private fiefs, who seize goods by judicial order, and carry ajours on those fiefs only, who have no salary from their lord, but are obliged to perform their duty each in turn ; and they must be present in court to attest their warrants, under a penalty of eighteen sols, — and they receive four deniers sterling, or three sols six deniers, for the whole of their report. The Serjeants cannot make any appointment on Sundays, and they ought to keep a register of their proceedings, that they may furnish those who require it with -a report. If a person condemned, absents himself from his house, and keeps his doors closed to prevent the exe cution of acts of court, the serjeant should take information in the neighbourhood, to what place the absentee has retired, and give a report to him who demands the execution ; the latter ought then to show it to the judge to obtain permission to break open the doors and chests. In such a case the court orders the constables to assist the sheriff, who generally carries into effect this kind of executions. Every serjeant, who says that he has delivered an ajour and has not done so, is liable to punishment. Serjeants must not defer execution of the acts of court for the arrests of moveables, when required so to do, under pain of answering personally for their neglect. They CONSTITUTION OF GUERNSEY. 469 must warn the debtor to pay, before they seize his effects ; and, if he requires to see the act of court, it must be shown. They must not take beds or other necessary objects, if there are other articles to satisfy the demand ; with these exceptions, they may seize all moveables which they find belonging to the debtor, except his arms. If they complain of violence, their own testimony is insufficient ; they must prove the fact by witnesses ; however, attention is paid to their complaints, according to the circumstances of the case. The magistrates cannot compel them to exe cute their verbal orders ; they must reduce them into writing. The serjeant, or his deputy, must be in constant attendance on the court. The aovocates. — The advocates, or barristers as they are called in England, are limited to six. None can hold this office who cannot produce certificates of competency. They usually study in Caen, in Nor mandy, or Rennes. in Brittany, and they must exhibit testimonials from the professors in the law schools of those towns. They take an oath which ought, in strictness, to be renewed every two years, that they will faithfully advise their clients and inviolably pre serve their secrets, — that they will not undertake any cause which they know to be bad, — that, in their pleadings, they will not adduce any facts but those which their clients have affirmed to be true, — that they will advise the court of what they know to be the king's rights, or what affects those rights, and that they will not make any bargain with their clients for any portion of the matter in dispute. The profession of an advocate in Guernsey differs from that of an English barrister, as the former may act both as an attorney and a notary ; nor is it considered derogatory for them to hold agencies quite foreign to forensic pursuits, such as agencies to fire and life insurances in England. Indeed, the same may be said of the jurats, and both classes may be, and are frequently, officers in the militia. 470 CONSTITUTION OF GUERNSEY. The gaoler. — This officer used to be called the portier, or porter. From time immemorial the king has had a porter in Castle Cornet, who, in the reign of Edward the Third, received a salary of twelve deniers sterling, but afterwards his wages were regu lated according to an agreement with the governor, or his receiver. The office of porter was, in ancient times, somewhat of a military character, for it was his duty to open and shut the gates of the castle, and deliver the keys to the governor, who then made the castle his ordinary residence ; and it was his business to station the guard, and watch and see that each soldier acquitted himself of his duty ; but this has long since fallen into desuetude. The gaoler retains all prisoners in safe custody, delivered to him by the sheriff, to whom he delivers up those accused of crimes, that they may be produced before the court. Formerly, the detaining creditor paid to the porter two deniers sterling a day for the maintenance of those who could not subsist them selves ; and if that allowance remained in arrear for seven days, it was optional with him to detain the prisoner no longer, to sue the plaintiff for his dues, and liberate the prisoner by an act of court. The allowance was afterwards raised to five sols tournois per day, or about six deniers sterling. The rate is now one shil ling per day. Formerly, prisoners for debt, but not others, were allowed to go out of the castle, on con dition of returning every day, accompanied by a soldier, to whom they paid four deniers sterling a day if they did not go out of the town, and eight if they went into the country. • The bordiers. — Borde, in old French, signifies a house. Formerly the king had thirteen bordiers in the island, who, with the grangiers, collected his rents. In the reign of Elizabeth the bordages were let out to rent, without the reservation of such services. Their duty at present is to answer at the chief pleas, to CONSTITUTION OF GUERNSEY. 471 assist in turn at the pleas of inheritance", and to accompany the sheriff when he brings prisoners to court as criminals, to return with him if they are lodged, in gaol, and attend them to the place of exe cution. They are entitled to their dinner at the three capital chief pleas. SECTION THE THIRD. ON THE ADMINISTRATION OF JUSTICE. Justice, in all its varied and complicated forms, is administered by the bailiff and jurats. There is no subdivision of legal labour. The same men who au thorize a mountebank to exhibit his tricks in the streets, decide on character, property, and life. Such a system may appear absurd and dangerous to an English reader, but he should bear in mind that as there is no law in Guernsey, the inconveniences re sulting from this system are not so grievous as might be imagined.* With very rare exceptions, the jurats are elected from the mercantile class, are utterly ignorant of the principles of jurisprudence, and little versed in its practice ; they usually pronounce judg ment from a common sense view of the matter in litigation, as arbitrators or referees ; they are guided solely by facts, and pay no regard to law, unless in matters of real property, concerning which defined rules exist to a certain extent. Domat and Potier, Coke and Mansfield, are treated with little courtesy by the royal court of Guernsey. For the better advancement of public business, the administration of justice is distributed in the following order: — Royal court ;f civil; court of judgments; * Mr. Hill, whose article we have cited at pp. 304-5, says, " One does not hear in Guernsey of a jury being directed by the judge to acquit a prisoner, charged with stealing a duck, on the ground that the duck being dead was no longer a duck, and therefore wrongly described by that name in the Indictment ; nor did I ever hear of a man being allowed to escape who had stabbed another, because the wound was stated in the indictment to be about three inches deep, whereas the phrase, about three inches, was learnedly explained to mean any thing or nothing— a mile or a barley-corn." t The court-house was formerly called " Cohue," which name occurs in old records, and it is still occasionally so denominated by the country people. Cohue, s. f. petite justice en province, (fig.) assemble tumultueuse et bruyante. Ancient hours of the royal court.— At the chief pleas held on the 4th of October, 1624, "it 472 CONSTITUTION OF GUERNSEY.' court of heritage ; mobiliary court ; Saturday court ; admiralty court ; criminal court of correctional po lice ; superior criminal court. The terms of the royal court, each of which lasts six weeks, commence on the following days : — Christ mas term, on the second Monday after the chief pleas, which are held on the first Monday after the 15th of January ; Easter term, on the first Monday after the 15th of May ; and Michaelmas term, on the second Monday after the chief pleas, which take place on the first Monday after the 29th of September. Each term, together with the interval succeeding it, until the holding of the chief pleas that open the ensuing term, is locally denominated un quartier. There are, there fore, three quartiers in the year. To each of these four jurats are assigned in rotation, whose duty it is to constitute, superintended by the bailiff, the mobi liary, Saturday, admiralty, and heritage courts, besides assisting with the other jurats at the criminal courts and court of judgments. The court of judgments and records. — This superior tribunal, which is held three times in every term, on every Tuesday beginning with the first Tues day in term, determines appeals from the other civil courts. It must be composed of at least seven jurats, besides the bailiff. In strictness, the court of judg ments need only be held in term ; but, for the convenience of suitors, the bailiff and jurats sacrifice much of their time in hearing appeals out of term, — a practice the most truly praiseworthy and liberal, as their services, with the exception of a trifling fee,* are perfectly gratuitous. No appeal is allowed from any of the inferior courts to that of judgments and records, unless the sum in was ordered that, for the future, the court should assemble at half-past nine on every Monday, and the advocates are directed to deliver their causes to the bailiff or his lieutenant on the previous Saturday before sun-set, otherwise their causes will not be heard ; and it is further ordered that the Saturday's court shall rise at one o'clock after mid-day, without being obliged to sit later, however important the case may be." * One shilling to the bailiff, and sixpence to each jurat, for every judgment, except when the appeal is from the admiralty court, when this fee is doubled. CONSTITUTION OF GUERNSEY. 473 dispute exceeds one hundred and fifty livres tournois, or £10 14s. 3d. sterling; nor from any case where witnesses have been heard vivd voce in the inferior court, be the amount in dispute ever so considerable. These restrictions are a proper safeguard against vexatious litigation. From the sentences of the courts of judgments and records, there is a final appeal to her majesty in council, provided the object in dispute, if real pro perty, amounts to the value of £10 sterling per annum, or, if personal property, to £200 sterling. All such appeals must be prosecuted within the space of six months from the date of the judgment against which the appeal is made. We may here notice the celebrated cause of the late bailiff, De Havilland versus Henry Durell Jeremie, merchant, as, by the spirited conduct of the latter individual, the island was freed, at a great personal expense, from the ruinous effects of a most cruel decision of the royal court of the day. A question arose in 1809, whether rents could legally be paid in foreign corn, and in answer to a query on the subject, submitted by the king's procureur to the court of judgments at its sitting of the 14th November of that year, the magistrates present declared unanimously, " that by the immemorial custom of this island, all persons to whom wheat rents are due, may exact, for payment of the same, wheat of the growth of this island, and that no person is obliged to take any of foreign growth." This declaration commanded a physical impossibility, as it was well known that the island did not then produce probably one-twentieth part of the wheat required to pay the rents contracted ; indeed, many of them under the supposition that they might be paid in foreign wheat, if of good quality. A yearly rent of twenty quarters of wheat was due on a house in St. Peter-Port, by Mr. Jeremie, to the children of Mr. (afterwards Sir Peter) De Havilland, 474 CONSTITUTION OF GUERNSEY. although the land on which it stood would not have probably produced a bushel. Wheat rents, on property so circumstanced, naturally excite heart-burnings and animosities between the receiver and the payer,* es pecially if the former take advantage of a scarcity of corn to exact payment in kind, and disputes appear to have existed between the parties in this instance, for some years, each, doubtless, considering himself aggrieved. The proceedings in this case cannot be given better than by extracting a part of the petition of Mr. Jeremie to his majesty in council, premising that Mr. De Havilland, in his requete, or memorial to the royal court, gave as a reason for his not accepting the Guernsey wheat tendered in 1810, that he sus pected it not to be of island growth, and that Mr. Jeremie refused to satisfy him on this point : — "The following are the facts and circumstances of the whole case. By the contract or deed of purchase of a house situated in the centre of the town, a yearly rent of twenty quarters of corn is due by me to Peter De Havilland, esq. " Such rents are usually paid in cash, according to an evaluation of the price of corn, made at the Michaelmas chief pleas, by the royal court ; but Peter De Havilland, esq., having insisted on payment in kind for the year 1809, the royal court condemned your petitioner to pay the said rent in corn, although there subsisted an ordinance of the said court, of the 22d October, 1808, which forbade the purchase of more wheat than was necessary for a family use, and which was the only cause for your petitioner not paying in kind, for there could be no mtention of denying or delaying payment, since he proves having offered cash for said rent, at a greater value than was current. " The act of the royal court which condemned your petitioner to pay his rent for 1809 in kind, is of the 13th November, 1809. " On the 14th November, 1809, an opinion is said to have been given unani mously by the court, on the application of Thomas De Saumarez, esq., his majesty's procureur, saying that rents were payable in wheat of the growth of this island only, upon which opinion your petitioner will enlarge by-and-bye. " On the 21st November, 1809, your petitioner knowing nothing of the said opinion, sent to pay his rent in foreign wheat, which was refused ; after which, however, and after sending the sheriff to put in force the act of the court of the 13th November, 1809, Peter De Havilland, esq., accepted the foreign wheat, knowing it to be such. " For the rent of 1810, your petitioner purchased the best wheat, the real growth of this island, that could be procured, and sent it to Peter De Havilland, esq., who rejected it, on the supposition that it was foreign growth, and again entered a suit against your petitioner. " Your petitioner, when summoned before the royal court for the payment of the rent, pleaded his having tendered payment in com of the best kind. " On the 4th February, 1811, the royal court condemned your petitioner to pay the rent, and expressly ordered that it should be in corn of the growth of this island, although it refused to insert that condition in its act. * For our strictures on wheat rents on buildings, see p. 287. CONSTITUTION OF GUERNSEY. 475 " By virtue of this act of condemnation was your petitioner thrown into prison, although he had previously offered the payment of his rent in corn of that description, although he again tendered the same to the sheriff, as well as hard cash, or bail to any amount he might require. " The corn, money, and bail, were not only refused, but the new erected prison in the town also ; and your petitioner was dragged, on the 1st of March, 1811, to the old prison in Castle Cornet, the horrors of which had been so strongly depicted by Peter De Havilland, esq., himself, as to induce the states to erect a new one at an immense expense, to which the states were not liable. The use of that new prison, though allowed to felons and criminals of all descriptions, was denied to your petitioner alone, who, as a member of the community, had contributed to its erection. " From that imprisonment your petitioner was relieved by an act of the royal court of the next day, 2d March, 1811, which, agreeably to the law, declared that Peter De Havilland, esq., ' should have attached himself, and shall in future attach himself to the goods, chattels, and estates of your petitioner, before he makes use of the contrainte par corps.' To obtain a repeal of that act of the royal court of the 2d of March, 1811, Peter De Havilland, esq., eleven months after, presented a requete civile, or petition, which, on the 2lst April, 1812, was argued before the royal court, and admitted; thereby reversing the act of the 2d March, 1811, and sending back your petitioner to prison, if it was the pleasure of Peter De Havilland, esq." After a long protracted opposition on the part of Mr. De Havilland, and, it would seem, of the royal court, Mr. Jeremie happily triumphed, as it was finally ruled by the king in council that wheat rents might be paid in foreign wheat. Had the decision been otherwise, Guernsey wheat must have been con verted into a' species of paper money, transferable and payable to order ; and as the rent payers must thereby have been subjected to many annoyances — as the price must have been greatly enhanced — it is to be regretted that the chief magistrate of the island should have been the first person to moot a question of such injurious tendency. As far back as 1580, appeals to the sovereign in council were allowed for matters of so small a value as £10 sterling, but that sum appearing in process of time to be too trifling, the amount was raised in 1605, and fixed at £40 sterling : at this rate it continued until the 13th of May, 1823, when it was increased, by an order in council of that date, to £200 sterling. This limitation was obviously intended to apply only to cases where the amount alone was in dispute, and not to cases involving questions of right, law, or custom. That the royal court, at least, ought thus to 476 CONSTITUTION OF GUERNSEY. understand it is evident from the following extract from " Observations on the Report of the Royal Commissioners," addressed by the magistrates to the lords of council, on the 28th November, 1817, — observations drawn up with great ability, and which display a knowledge, on the part of the writer, of the bearings and relations of the subjects brought under discussion, and of the probable results of the changes proposed, to which the commissioners could make no pretensions. Adverting to the recommendation of the commissioners that appeals between the local courts should be limited in amount, the court justly and forcibly observed : — " In questions of right, of law, or custom, which, though for small sums, may yet involve serious consequences, appeals are very necessary, were it only to avoid contradictory decisions on the same questions when argued for different sums : a decision of twenty shillings for the maintenance of a pauper may subject a parish to the payment of large sums ; the same for a debt contracted by a married woman against the husband ; or a demand, however small, for a vessel against a part- owner, in which, and numberless other cases, the decision for small sumslaysthe ground for a liabilitg to others of magnitude ; and in all such cases of right the court humbly begs that appeals should not be limited in amount." Notwithstanding the opinion thus clearly and soundly given, the royal court decided against the principle they had recommended in 1821, in the case of the Receiver-general versus Tissier. The ostensible question was, whether the house of the defendant was liable to the payment of a couple of hens to the crown ; the real question was, whether the receiver- general could demand the assessment of poulage on several hundred houses for which it had never been paid, — a question, therefore, of right, in which most of the proprietors of houses were interested. The case of the crown lawyers versus the receiver-general, (July, 1833,) where the question hinged upon the right claimed by the former (who receive a salary from his majesty), of charging for all services rendered by them to the king in civil suits, involved the same principle ; but, in both the cases cited, the court refused the direct appeal on the ground that the sums CONSTITUTION OF GUERNSEY. 477 at stake were below the limitation, and compelled the parties, against whom judgment had been given, to deposit £10 at the greffe, and go to council in the character of dole'ants. The appeal by dole'ance which, by an order of council of the 27th of June, 1627, is granted for sums of less amount than £40 to every person who, besides giving the usual bail to pay costs, deposits £10 sterling at the greffe-office, to be forfeited to the poor in the event of his failing in his dole'ance, neutralizes the utility of the recent changes. By this mode of appeal, the individual losing his suit has the power of com pelling his adverse party to incur a heavy expense by lodging a caveat at council, and other defensive pro ceedings, or of harassing him by the delay of six months. If this mode of appeal be continued, the amount of the deposit ought to be greatly augmented, since the sum for which direct appeals are granted has been raised from £40 to £200 — in other words, has been quintupled. In justice to the royal court, it must be observed, that a change of this kind was proposed by them to council, but it met with no attention. The court of heritage, or plaids d'heritage. — This tribunal is of great antiquity. It is held, like the court of judgments and records, once a fortnight during term, beginning with the second Tuesday. This court takes cognizance of all suits regarding real estate, — of all proceedings for wheat and other perpe tual rents, — and of all demands made with a view to dispossess a debtor of his immoveable property. Here, too, as soon as the debtor has abandoned, or been dispossessed of, his real estate, are determined the relative claims which his creditors have against each other, with regard to it, on the score of priority. The court of heritage being peculiar to the Norman isles, and it having been, and still being, regarded as the most valuable part of the insular constitution — a 478 CONSTITUTION OF GUERNSEY. part of it which has often justly excited the admiration of strangers competent to pronounce on its merits — a short description of the manner in which cases of bankruptcy are carried through, cannot fail to be interesting. When judgment has been obtained against a debtor in the mobttiary court, it is enforced by taking either the person or the effects in execution, or by removing the cause to the court of heritage, in order to compel him to renounce to his real property. The act of re nunciation or bankruptcy, may be either voluntary, when it is called " Renonciation Volontaire," or com pulsory, when it is called " Renonciation par loi outre'e." Renonciation Volontaire takes place when the debtor, against whom an action is brought, voluntarily comes forward, without awaiting judgment, and renounces to all his goods, chattels, and estates, in favour of the creditor by whom he is sued, or of his creditors gene rally, if he have more than one. By this act he entirely exonerates himself, not only from the parti cular debt which is the subject of the suit, but from every other debt which he may have contracted up to that period. The action in which the debtor thus offers to give up his estate, both real and personal, being in the mobiliary, Saturday, or admiralty court, in neither of which the offer to renounce to his real estate can be available, a minute is entered that the debtor will confirm the surrender of his real estate at the next court of heritage. An action to that effect is therefore entered against him in that court, and he accordingly confirms the surrender ; or, if he fails to do so, the king's sheriff is, after the first default, appointed to represent him, and, after the third default, confirms on behalf of the bankrupt. Renonciation par loi outre'e is a compulsory abandon ment of a debtor's real estate, the result of a process, the object of which is to dispossess him of that estate. Being strictly a process against the real estate only, CONSTITUTION OF GUERNSEY. 479 and having no reference to the personal property, rights, or liabilities of the debtor, it clears him only from such debts or liabilities as were attached exclu sively to the real estate. He still retains his personal property, and of course remains liable to the payment of all simple contract debts, bills of exchange, or bonds, even though some of these should happen, by way of security, to have been registered against his real estate. The first step towards obtaining the " Renonciation par loi outre'e," after judgment has been given in fa vour of the creditor in the mobiliary court, is to constitute him saisi mobilier of the debtor's real estate, in which character he is entitled to take only the rents and profits of the estate in liquidation of his claim, but has no right to any property in the estate itself, which continues to belong to the debtor, al though he has been dispossessed of the enjoyment of it. The proceedings, indeed, up to this point, are carried on in the mobiliary court, and, therefore, can be of no avail to dispossess the debtor of his right of property in his real estate. If the plaintiff be the only creditor suing, and the rents and profits of the estate suffice to pay his demand within a reasonable time, he proceeds no further than this point, and as soon as the demand is satisfied, he returns the estate to the debtor. But, if there be other creditors suing, or if the amount of his own claim be so considerable that there is no prospect of its being discharged, he pursues his further measures in the court of heritage, so as wholly to dispossess his debtor of his real pro perty. If the debtor answer on the first summons in the court of heritage, and offer to renounce, the creditor, who, up to this time, has been saisi mobilier, is now constituted saisi he're'dital. But if, which is generally the case, the debtor commit a default by not answer ing on the first summons, the king's sheriff is forthwith appointed in his place, and the process regularly 480 CONSTITUTION OF GUERNSEY. moves from stage to stage, whether the debtor be present or absent, — it being impossible to stop it for an instant by frivolous pretences, chicanery, or ap peals, as only the legally ordained delays, which are all established solely to give the debtor time to re cover himself and raise money to pay the debt, are admissible. The process, after five defaults, which occupy from four to six months, is brought to a close by the deb tor's being summoned, for the last time, to take back his estate and pay the plaintiff his due. If the debtor has been able, during the delay afforded" him by the law, to recover himself, he pays the plaintiff, and the estate is restored to him. If, on the contrary, he cannot pay, the sheriff, with or without the consent of the debtor, who, however, is always summoned to be present for the purpose of counselling him, re nounces in his stead, by which act the debtor loses his estate for ever, and the creditor is declared saisi he're'dital. Still, the creditor does not become pro prietor of the estate, by being constituted saisi he're'dital, — he becomes only trustee to it in his own and the other creditors' rights, — the estate remaining in abey ance, to abide the final adjudication among the creditors, according to their right of priority and of registering against it, at the close of the process. Nor has he now, as he had while he was only saisi mobilier, a right to appropriate any part of the produce of the estate to the payment of his own claim, but is bound to let it out to the best advantage before the king's sheriff, to apply the whole profits arising from it to the general account of the saisie, and thus be comes responsible for them at the close of the process. The interest, indeed, of the trustee, whether in his character of saisi mobilier or saisi he're'dital, is of a very limited description, and restricted to the mere preservation of the property. He dare not, for in stance, let, repair, or do any other act respecting it, CONSTITUTION OF GUERNSEY. 481 without the sanction of the court, — nay, he cannot give his assent to any public measure affecting the property, by which even its value would be consi derably enhanced, and the mass of the creditors be consequently benefitted. Should he let, repair, or consent to any measure affecting the estate, without proper authority, he would commit what is technically called " acte de propriete ;" — an act of ownership, and, if the other creditors insisted upon it, he might, for so doing, be declared saisi proprie'taire, or pro prietor of the estate, and as such become liable to the payment of all the debts. The first measure of the saisi he're'dital is to give notice at the porch of every parochial church in the island, on three successive Sundays, — in the public market on three successive Saturdays, — and by three insertions in the French local newspapers, — that he is about to open a " decret " or registry, at the greffe or record-office, in which all persons having demands against the estate are called upon to make an entry of the nature and amount of their claims. In the case of the " Renonciation par loi outre'e," this registry is open for the space of forty days ; in that of the " Renonciation volontaire," it is open for nine months, — within which respective periods all persons having claims against the estate are to register them, as at their expiration the registry is closed, and those who have neglected to enter their claims are for ever pre cluded from all hope of recovering them. From this exclusion, however, we must exempt the holders of perpetual rent charges due on the estate, who have six years allowed them, during which they can make their claims by registering them, but they lose all their arrears, and, if the six years elapse before they register, the rent is for ever extinguished. As soon as the registry is closed, the saisi he're'dital commences a process against the several creditors who have registered; the object of this process is to HH 482 CONSTITUTION OF GUERNSEY. call upon them to take the estate out of his hands and pay him his due, or abandon their respective claims to the property. He also institutes similar actions against all persons who have made purchases of real property from the debtor before the saisie commenced, but at a time when his estate was already incumbered by the registry of debts against it ; these he calls upon to take the estate and pay him his due, or give back the purchases, whether of land or houses, or perpetual rents which they have made from the debtor. These processes, against both creditors and purchasers, proceed in the same regular way as did that against the debtor previously to his being dis possessed ; and the same number of delays as were granted to him, that he might, if possible, save his estate, are now granted to the creditors or purchasers, that, before they renounce to their claims or pur chases, they may have time to inquire into the nature of the sequestered estate, to ascertain its value, and to examine what is due upon it, in order that each one of them may be enabled to judge whether he can, by making himself " tenant " or " holder of the estate," and paying the claims registered before his own claim or purchase, save what is due to him, or the purchase he may have made from the debtor. These delays being the only ones that can be taken, they, so far from encouraging chicanery, constitute, by their being invariably fixed, the regularity of the process, and in that regularity is perhaps the best bulwark that could be opposed to all attempts at litigation. After the fourth default, such of the creditors or purchasers as have not voluntarily answered before, are, along with the saisi he're'dital, sent before one of the jurats, who is, pro hdc vice, styled " commis," or commissioner, for the purpose of deciding on the priority of their respective claims and liabilities. There they produce the different contracts or other documents under which they claim, or by which they CONSTITUTION OF GUERNSEY. 483 purchased. The question of priority is decided ac cording to the dates of the registries. The first debts, therefore, in rank of priority, are generally wheat or other rents reserved as a perpetual charge on the estate, either at the time of its being sold to the debtor, or at some antecedent period, — the next may be rents settled upon it by the debtor himself, or debts regis tered against it before the same commenced, at the greffe or record-office, on the books which contain all the transactions of insular real property, — and the last are such debts as were never registered at the record-office, but merely entered on the " decret " or registry, opened by the saisi he're'dital. The indivi duals composing the first and second of these classes of creditors, have in the same manner their respective rights of priority, in relation to each other, decided by the date of their registries, and if two or more of them happened to register at the same date, they are said to be " en parite'de droits," or in parity of rights ; whilst the individuals composing the third class, having never registered, can have no right of priority over each other, but are all " en parite de droits." The same rule holds good with regard to the pur chasers of real estate, i.e., houses, lands, or perpetual rents ; from the debtor, whose extent of liability to pay his debts or give up the property they have pur chased from him, depends also exclusively on the date at which such purchases were registered. The " commis," or jurat, to whom this reference is made, having given in his report upon the priority of claims and liabilities, and the order in which the offer of the estate is to be made, the parties appear at the next court of heritage, when the report of the "commis" is read and the estate offered to the cre ditors or purchasers— the saisi he're'dital of course included " selon leur poste'riorite," or according to their posteriority, — the last registered, or those who have not registered at all, having the first offer of the hh 2 484 CONSTITUTION OF GUERNSEY. estate, on the condition of paying all the previously registered debts. If the first individual who is called upon declines the offer, his claim or purchase is gone, and all recovery thereof for ever barred. The estate is then offered to the creditor or purchaser next in date, and, if he decline to take it, then to another, and so on in retrograding rotation until at length some one of the creditors or purchasers, finding that he can save his claim or his purchase by accepting the estate on the stipulated conditions, stops the proceed ings, and declares that he makes himself what is technically called " tenant " of the saisie. If two or more creditors, thus called upon to take the estate or abandon their claims, are " en parite de droits," and neither of them is willing to abandon his claim, they are to take the estate, and pay the debts upon it, at the pro rdta of their respective demands. He who makes himself " tenant " is thereupon de clared saisi proprie'taire , and, having paid off every debt anterior in registration to his own, he stands completely invested with all the rights of ownership enjoyed by the former possessor, but discharged from all incumbrances. The court of heritage must be held by the bailiff and at least three jurats ; the king's sheriff and three bordiers or free tenants must also be in attendance. At the opening of the court, a summary of the contents of all contracts, for the purchase of houses or land, which have been registered at the record-office since the last sitting, is publicly read, which formality secures the purchaser, after the lapse of a year and a day from the date of the registry, against all claims to the property by "retraite'' that might be made by the seller's relatives. In this court also, the owner of a rent, due upon another's estate, who may have lost or mislaid his title-deed, may compel his debtor to come forward and " confess " owing the rent, in which case the act CONSTITUTION OF GUERNSEY. 485 reciting the confession answers afterwards every pur pose of a title-deed. Mobiliary court. — In the mobiliary court, the parishes are divided into upper and lower. The lower parishes are St. Peter-Port, St. Sampson, and the Vale ; the seven other parishes compose the upper. Sittings are held alternately, three times for each division ; the first Monday being for the lower, and the second for the upper parishes. In the mobiliary court, all common debts may be sued for by way of summons, as well as all demands of rent, in the first instance. The initial act obtained against a debtor, supposing him not to answer, is vers biens, which was originally a point at which the creditor sent the king's serjeant to seize the personal property of the debtor, but it is now a mere form. If, after vers biens, the creditor or rentholder intends to proceed against the personal property or person of the debtor, the next act which he obtains is vers arrit, which authorizes him to attach either ; after which attachment the cause is removed to the admiralty court. If, on the other hand, the creditor intends to proceed against the debtor's real estate, he, after vers biens, obtains vers exploit, which formerly required the creditor, by means of the king's serjeant, to search the debtor's estate on three consecutive days, for the purpose of ascertaining whether he possessed any personal pro perty which might be taken in execution, previously to the creditors being allowed to seize upon the estate itself; the vers exploit, however, which, it thus ap pears, was intended as a protection to the debtor's real property, has also degenerated into a mere form, though the king's serjeant must still report having gone three days consecutively on the debtor's premises before the next point, which is vers saisie, can be obtained. After vers saisie, the case is removed to the court of heritage. Saturday court. — The Saturday court is held 486 constitution of guernsey. from the second Saturday after the opening of the chief pleas, in January, to the Saturday before the holy week ; from the second Saturday after the Easter chief pleas to the 1 5th of July ; and from the second Saturday after the Michaelmas chief pleas to Christ mas. Here all cases postponed from the mobiliary court, and upon which the plaintiff has not obtained vers biens, may be continued, and new actions, except for the payment of wheat or other perpetual rents, entered and carried as far as that stage. Admiralty court. — The admiralty court is so named, from its having been, in its origin, specially restricted to maritime cases, such as actions for sailors' wages, freights, insurances, &c. At present, its jurisdiction is far more extensive. All cases of emergency have the same privilege as maritime ones, particularly arrests, whether of the effects or of the person; and as, by an order in council, dated 13th May, 1823, the effects of all persons, inhabitants as well as strangers, are now liable to arrest by warrant, the business of this court has of late years so consi derably increased, as to absorb a great deal of the business of the Monday court, which is now principally confined to demands for rent-charges. Admiralty cases are tried at all times, in and out of term. The usual day is the Saturday, and this all the year round ; but they are also heard during term on every court day, after the special business has been settled, and extra days are sometimes appointed for hearing them exclusively. The bailiff and two jurats suffice to hold the mobi liary, Saturday, and admiralty courts ; but at these, as well as at the court of heritage, where three jurats are required, any of the other jurats, besides those of the guartier or term, may assist. This circumstance, if it have its advantages, has likewise its disadvantages ; for it may happen, and, indeed, it has sometimes happened, that a judgment, after being given in one CONSTITUTION of guernsey. 487 of these courts, by a bench composed of from seven to twelve jurats, has been appealed from to the court of judgments, and been there heard (irreversibly, if the case was not susceptible of an appeal to council), by precisely the same, or perhaps a less number of jurats, — seven of them, as before stated, sufficing to compose the court of judgments. The proceedings in all the courts are carried on in the French language ; but English suitors are at all times allowed to address the court, or examine wit nesses in the English language. The bailiff generally comments upon the evidence adduced or the arguments employed, in the course of the pleadings, after which he calls on each jurat to de liver his opinion, and then pronounces sentence. The jurats express their opinions publicly, and the reasons upon which they are grounded, except in the court of judgments, when the bailiff and jurats, accompanied by the greffier, retire and agree upon their decision in private, and the greffier, on their return, reads the sen tence in open court. All cases are decided by a majority of the jurats' votes, — the bailiff only having a deliberative voice, except in the event of an equal division, when he has a casting vote. The simplicity of the forms of pleading observed in all the civil courts above-mentioned, constitutes a marked contrast with the subtlety, ingenuity, and perplexity in which such forms are involved in most, if not all, the English courts. As this may appear a startling conclusion, it will be instructive briefly to exhibit the contrast. " The first great rule of plead ing," says Lord Brougham, " should be to induce and compel the litigant parties to disclose fully and dis tinctly the real nature of their respective contentions, whether claim or defence, as early as possible."* But, in England, the defendant comes into court upon * Brougham's speech in the house of commons on the state of the law. 488 CONSTITUTION OF GUERNSEY. a count of declaration, which conveys no precise knowledge of the plaintiff's demand. "Take for instance," observes the same high authority, " the common counts in Assumpsit, being those constantly resorted to ; and take the most common of these, the count for money had and received. The plaintiff declares that the defendant, being indebted to him for so much money had and received to the use of the said plaintiff, to wit, one thousand pounds, under took and faithfully promised to pay it, but broke his engagement ; and the count is thus framed, the self same terms being invariably used, whatever be the cause of action which can be brought into court under this head. Now observe how various the matters are which may be all described by the foregoing words. In the first place the declaration is for money paid by one individual to another, for the use and benefit of the plaintiff; this alone is what the words of the count imply, but to express this they are rarely indeed made use of. Secondly, the self-same terms are used on suing for money received on a consideration that fails, and used in the same way to describe all the endless variety of cases which can occur of such failure, as an estate sold with a bad title, and a deposit paid, — a horse sold with a concealed unsoundness, and so forth. Thirdly, to recover money paid under mistake of a fact. Fourthly, to recover money paid by one person. Fifthly, to recover money given by one person to a stakeholder, in consideration of an il legal contract made with another person. Sixthly, to recover money paid to revenue officers for releasing the goods, illegally detained, of the person paying. Seventhly, to try the right to any office. Eighthly, to try the liability of the landlord for rates levied on his tenants. What information, then, does such a decla ration give ? It is impossible, on reading this count, to say which of the eight causes of action has arisen ; and it is not merely those eight, for each of them has CONSTITUTION OF GUERNSEY. 489 a vast number of varieties, which are all declared in the same words.* The same obscurity exists with regard to actions in Trover, Torts, Trespass, and others, in some of which the case is even worse than in Assumpsit. In fact, the entire system of pleading in the English courts of justice, if it does not countenance the allegatio falsi, most certainly sanctions the suppressio veri. No securities are taken to compel the parties to aver the truth ; they enjoy, what Jeremy Bentham has called the mendacity license, and are enabled to put on record the grossest falsehood : — "The legislature has never enumerated or denned the facts which give com mencement, or put a period to, or violate rights ; the subject, therefore, remains in a state of confusion, obscurity, and uncertainty. And, lastly, the parties do not make their affirmations or negotiations before a judge, who would tell them whether the facts which they allege could or could not have the virtue ascribed to them ; they make them in secret and in writing, each of them along with his attorney, who has a motive not to make them in -a. way conducive to the in terests of his clients, but in a way most conducive to his own interests and those of his confederates, from the bottom to the top of his profession. First, A., the plaintiff, writes what is called the declaration, an instrument for the most part full of irrelevant absurdity and lies ; and this he deposits in an office, where the attorney of B., the defendant, obtains a copy of it, on paying a fee. Next, B., the defendant, meets the declaration of A. by what is called a plea, the form of which is not less absurd than that of the declaration. The plea is written and put into the same office, out of which the attorney of the same party obtains a copy of it on the same terms. The plea may be of two sorts ; either, first, a dilatory plea, as it is called ; or, secondly, a plea to the action. To this plea, the plaintiff may make a replication, proceeding through the same process. To the replication, the defendant may put in a rejoinder. The plaintiff may answer the rejoinder by a sur-rejoinder. This again the defendant may oppose by a rebutter, and the plaintiff may answer him by a sur -rebutter. "f In Guernsey these miserable devices are unknown, and the first great rule of pleading laid down by Lord Brougham is observed to the letter. The plaintiff, at the very outset, is obliged to serve on the defendant a copy of the declaration, in the form of a summons, in which he must disclose, fully and distinctly, the real nature of his claim, and in some cases add the reasons on which it is grounded. So particular, indeed, is the royal court in enforcing distinctness * Speech on the state of law, pp. 70-?l. t Supplement to the Encyclopaedia Britannica; — article, jurisprudence. 490 CONSTITUTION OF GUERNSEY. and amplification, that it is no unusual thing for a plaintiff to be sent back to reform or amplify his de claration before the jurats will entertain it. Both parties appearing before the court with a full know ledge of their respective positions, the case must, after two delays, which in most instances are allowed the defendant, come to a hearing. If the defendant mean to plead any objections in bar of the suit, they are at once heard and disposed of. If, on the con trary, the parties join issue on the merits of the case, and the question be neither intricate, nor such as requires witnesses to be heard, the court at once call on the parties and their counsel to plead, and then give their decision. If witnesses are required, a rule of court is granted, ordering them to be heard, — and if the case be complex and difficult, involving a mul titude of facts for consideration, the parties are sent before one of the jurats, styled " commis," who, after hearing them and their counsel, prepares a report, in which are recorded their respective pretensions and objections, and the written documents and evidence they intend to produce in the course of the suit : in this report the whole matter in dispute is so con densed as to present it to the court in the simplest form, and enable the magistrates to arrive at a decision without difficulty or confusion. The " commis " is always supposed to draw up the report ; but this is not usual in practice, it being most frequently prepared by the advocates. Criminal courts. — Court of correctional police. — All cases of correctional police may be decided by the bailiff and two jurats. It is a settled principle with them, that they cannot condemn to any punishment exceeding one month's solitary confinement on bread and water ; but, in point of fact, they sometimes, by requiring petty offenders, who are likely to turn out bad subjects, to find bail for their future good conduct or leave the island, pass sentences which, in their CONSTITUTION OF GUERNSEY. 491 consequences, may be equal to a banishment of great, because of indefinite, length. Cases of correctional police may be tried at all times. They were, until lately, disposed of before the special business of the day. This having long been felt to be an evil, as the time of suitors and their witnesses was not unfrequently lost, and important cases postponed, on account of some nocturnal brawl, or paltry dispute equally reprehensible, — the court, some time since, appointed every Thursday morning for the hearing of police cases. Superior criminal court. — This court must be com posed of the bailiff, or his lieutenant, and at least seven jurats. Before this tribunal are tried not only all cases of felony, burglary, and larceny, which alone may be regarded as strictly criminal, but also all cases of battery and assault, libel or slander ; together with infractions of local ordinances, all of which must be regarded as of a mixed nature, being partly crimi nal and partly civil. In many criminal cases of slight importance, it is left to the prisoner's option to be tried by the court of correctional police. The trials before the criminal court can only take place in term, except the prisoner should, in order to avoid a long- imprisonment before trial, petition the court to try him out of term, when, if the case be not a very serious one, his petition is granted ; but, in matters of importance, as, for instance, in all cases when life may be at stake, the petition is seldom, if ever, ac ceded to. The superior criminal court is open the same length of time as the Saturday court. As the forms of proceedings in trials where the crime may involve capital punishment, are peculiar to Guernsey, and not generally known by strangers, it may not be improper to present the reader with a brief sketch of them. The case selected for illustrat ing the system, being murder, it may be necessary to remark that all the proceedings, except of course the 492 CONSTITUTION OF GUERNSEY. inquest, are precisely similar in all cases of felony and burglary. When a person has been murdered, or supposed to have been murdered, an inquest is held over the body by the bailiff and two or more jurats, who return a ver dict in the same way as a coroner's jury in England. If the suspected perpetrator of the deed is appre hended, he is brought before the court, which again need not be composed of more than the bailiff and two jurats, when witnesses are heard in private, and the reputed criminal also undergoes an examination. If, from the evidence adduced, there exist strong suspicions of his guilt, an indictment is drawn up, which is read to him, and the court proceeds to take his interrogatory in writing, which, it is explained to him, will be made use of on the trial. He is then committed. On the next Saturday, if it be term time, the pri soner is brought before the criminal court, when his indictment is publicly read to him, and he is required to plead guilty or not guilty, and directed to choose one of the advocates for his counsel. Whether he admit, or whether he persist in denying his crime, he is sent back to prison, in order that witnesses may be examined. A day is then appointed for the exa mination of witnesses in support of the prosecution. The crown officers, as public prosecutors, are present at this examination, but neither the prisoner nor his counsel — a most unfair proceeding. The witnesses are introduced one by one, sworn, and the greffier, or clerk of the court, proceeds to set down their name, age, deposition, and answers to the questions that may be put to them by the crown lawyers and the court. When all the witnesses for the prosecution have been thus examined, another day is appointed by the court for what is called the recollement, which means the re-examination of the witnesses, or verification of CONSTITUTION OF GUERNSEY. 493 the evidence. On this occasion the witnesses of the crown officers are called in singly, their depositions are read over to them, and they are required to de clare whether they confirm what they have deposed, or whether they have anything to add, to modify, or to retract. This also is a private sitting, at which neither the prisoner nor his counsel are present. The next proceeding is the confrontation of the prisoner with the witnesses. This usually, though not necessarily, takes place on the same day as the recollement. The witnesses are called in, one by one, and the prisoner is asked whether he objects to the witnesses ; if he answers in the negative, their depo sitions are read, and the prisoner, assisted by his counsel, puts such counter-questions as he may deem proper ; the court and crown lawyers may also again interrogate the witnesses. After the confrontation is terminated, the prisoner's counsel may demand to examine witnesses in behalf of the prisoner ; but he must state the particular facts which he is desirous of proving, and the court decides upon the propriety of admitting or refusing such evidence. If the prisoner's demand is granted, another day is appointed for examining his witnesses. When all the examinations have taken place, an authenticated copy of them is furnished to the crown officers, and another to the prisoner's counsel. On the day of trial the court must be composed of the bailiff, and at least seven jurats ; and, as any of the jurats are at liberty to sit on the inquest and be present at the committal of the prisoner, and the examination of witnesses, although only two are ab solutely necessary, it may, and does not unfrequently happen, that most of, if not all, the jurats, who sit at the trial, have assisted at the previous proceedings, and are, therefore, in possession of all the facts of the case, before the trial, strictly so called, commences. This is to be regretted, for it is impossible to conceive 494 CONSTITUTION OF GUERNSEY. that any body of men sit, as a coroner's jury, on an inquest, — act as grand jury in finding the bill against the prisoner, — assist in framing the indictment, — receive the evidence of the witnesses at the first examination, then at their verification, and finally at their confrontation, — it is, we say, impossible to conceive they can go through the whole of these proceedings, and yet come into court on the day of trial with their minds unprejudiced and unbiassed. The indictment, the prisoner's interrogatory, and the depositions of all the witnesses are read ; after which, and before hearing what the crown lawyers have to allege in support of the prosecution, the pri soner's counsel is obliged to enter upon the defence. The king's procureur, or attorney-general, then fol lows, and at the close of his speech, in which he attempts to establish the guilt of the prisoner, he states what sentence, in his opinion, ought to be given : this part is technically called ' ' les conclusions des officiers du roi." The king's comptroller, or soli citor-general, also speaks in support of the prosecution, and also gives his " conclusions," which, generally, though not necessarily, are the same as those of the procureur. The bailiff then sums up the evidence in a charge, which he delivers to the jurats, — after which each jurat, from senior to junior, publicly states his individual opinion, and the sentence is decided by the majority. Should there be an equality of opinion, the bailiff has a casting vote. There have been cases where the life of a prisoner has been wholly at the mercy of the chief magistrate. The bailiff communicates the sentence of the court to the prisoner. That sentence is final and irreversi ble, nor is there any necessity for reporting the proceedings to the king before it can be put into execution, except where it may appear to the court that the criminal, though found guilty, is a fit object for royal clemency, in which case the execution of CONSTITUTION OF GUERNSEY. 495 the sentence is to be deferred till his majesty's plea sure is known.* It will no doubt have struck the reader that the method just described of obtaining evidence in crimi nal cases is at once unfair towards the prisoner, and ill calculated to promote the ends of justice through the elicitation of truth. It is unfair towards the prisoner, inasmuch as neither himself, nor his counsel, is allowed to be present until the examination in chief has, in point of fact, been brought to a close ; whilst, at the same time, the crown lawyers, who are the prosecutors, are present at every sitting. It is ill calculated to promote the ends of justice, because, besides its affording no facility for the elicitation of truth, it is impossible for the judge to form so correct an estimate of a written deposition, read to him in the absence of the witness, as one delivered to him vivd voce; for, in the latter case, he can form some judg ment of the value of the testimony by the mode in which it is delivered, — but in the former, none. Nei ther the prisoner nor his counsel being present whilst the evidence is being taken, the only opportunity afforded them for cross-examining the witnesses is on a subsequent day, when, after having had read to them depositions which may have been given with much hesitation on the part of the witnesses, and which it may have required an hour or more to extract from each of them and reduce into writing, — after hearing these fluently and with due emphasis read over to them in the short space of a few minutes, and without having that time and opportunity to consult on the cross-questions, which a lengthened vivd voce exami nation would invariably afford, — they are bound at once to cross-examine the witnesses. Such a cross- examination, if it can with propriety be so called, must of course, in every instance, be very imperfect and unsatisfactory. * Order in council, Nov. 30, 1699. 496 CONSTITUTION OF GUERNSEY. That this method of examining must be regarded by the royal court itself as objectionable, is evident ; for, in the observations presented by them to his majesty in council; and dated November 28, 1817, — observa tions which had been called forth by the report of his majesty's commissioners, who visited the island in the preceding year, — adverting to the practice of taking evidence in writing in civil cases, they state : — "Depositions in writing are very tedious, expensive, and not so well calculated for the investigation of truth as the cross-questioning of witnesses at the time of trial." However, in all civil cases, in which the decision may be appealed from to her majesty in council, it is absolutely necessary to take down in writing the de positions of the witnesses, as they cannot by any process be compelled to leave the island for the purpose of deposing in an English court ; but in criminal cases it is otherwise, as no appeal lies from the decision of the court of Guernsey, and, in the event of a recommendation to mercy, or other similar occurrence, the notes of the president might suffice. The evil in question has long been felt and acknow ledged, but, as in every thing else, it is clamoured against and talked of only when some remarkable trial forms the theme of conversation, and is afterwards lost sight of until some fresh event brings it again in all its hideousness before the public eye. It were, therefore, greatly to be desired that advantage should be taken of a moment when public feeling is not highly excited, and when a change can be reflected upon with calmness, for the purpose of operating such a reform in the mode of taking evidence in criminal cases as would at once afford the prisoner a fairer chance of establishing his innocence, and the judge a better opportunity for the investigation of truth. The proceedings in all criminal cases where the punishment cannot extend to the loss of life or limb, or to perpetual banishment, are, with the single ex- CONSTITUTION OF GUERNSEY. 497 ception that the evidence is taken vivd voce on the trial, carried on in the same manner as in cases involving capital punishment. In prosecutions for libel, slander, battery, &c, which are of a mixed character, being partly civil and partly criminal, the crown lawyers are adjoined, the one to the plaintiff, the other to the defendant. They are so adjoined in order to represent la partiepublique, and to require, in cases where, besides the injury done to one of the parties, the public peace has been broken, that the party at fault shall not only pay damages to the party aggrieved, but be mulcted in a fine to the king. But, in point of fact, the two crown lawyers are at present retained and paid by the litigants, and, therefore, merge the character of public representatives in that of mere private counsel, the plaintiff and defendant being still at liberty to employ an advocate to act conjointly with the crown lawyers. The re sults of this system are, that each crown lawyer, though supposed to act in a public capacity, invariably calls for a verdict in favour of the party to whom he is adjoined, — that the interests of the public are treated as a matter of no moment whatever, — that the fine to the king is in every case so very trivial as seldom to be more than nominal, — and that, when both parties have been so at fault that no damages can be awarded to either, the prosecution is quashed without civil damages being levied on either, and without a fine to the king, — in other words, when the public peace has been broken by only owe party, the com munity, represented in the person of the sovereign, is deemed entitled to a fine ; but when it has been broken by both, it is deemed entitled to none ! SECTION THE FOURTH. PAROCHIAL ADMINISTRATION. Though Guernsey does not possess any municipal corporations, yet each parish has its own local ad- i i 498 constitution of guernsey. ministration, executed by a body of men elected to office for life by those who are rated to the taxes. These functionaries constitute the douzaine, and they discharge many and important duties. As the rural douzaines, each in its respective district, exercise a power in almost all respects similar to that wielded by the douzaine of the town parish, a description of the latter will suffice to make the reader acquainted with the general working of parochial administration throughout the island. The douzaine of the town parish consists of twenty members,* elected in the manner already stated, but no one is eligible who has not previously discharged the office of constable, and even having so served, he may be, and is occasionally, passed over. The douze niers are, in a general sense, conservators of the rights of the parish, and for parochial purposes are allowed, by a deliberation of the parish, to expend for any one object the sum of fifty pounds sterling at their own discretion. They fix the rate at which each parish ioner is to be assessed to the parochial taxes ; but if any person feels himself over-assessed, he may remon strate, and, unless fraud or falsehood be apparent, his proportion is always diminished. In the formation of streets or roads within the parish, the douzaine fix the boundaries, or give, what is locally termed, les bornemens. When it is found desirable to widen a thoroughfare, if a house be pulled down, or its front changed, the douzaine also prescribe the new limits. They superintend the lighting of the town, the con struction and repair of drains, and other objects of a similar nature. The senior of the two constables presides over all the meetings of the douzaines. These constables are elected by the rate-payers, and must serve for one year, although their term of office is usually about • In the Vale parish there are sixteen douzeniers, and in the remaining eight country parishes only twelve, as the word properly signifies. constitution of guernsey. 499 fifteen months, and they may continue, if they wish, three years, at the expiration of which they may be re-elected. The assistant-constables, of whom there are four, are nominated by the douzaine, and are sworn into office by the royal court, as well as the constables. The duties of these officers are sufficiently indicated by their names ; but it is important to ob serve, especially to an English reader, that, like the bailiff, the constables, in Guernsey, rank much higher than officers of the same name in England, as they are not only members of the states and treasurers of the parochial funds, but they relieve poor strangers, and perform several other trustworthy functions.* The constitution of the douzaine is extremely defective. The election of its members for life is a political absurdity, as they thus cease to be responsible to the parishioners from the moment they are installed into office. To ensure efficiency and accountability, a proportion of the douzaine ought annually to retire, leaving it optional with their constituents to re-elect or reject them. By this system the members would be under the controul of the parish, but the nomina tion for life leaves them at liberty to act according to their own caprice. Moreover, it is a severe hardship to compel a man to remain in office against his will, till the age of sixty, when he is allowed to resign ; but then the best part of his life is exhausted. The mode in which the assistant-constables are nominated, is replete with injustice. Those officers are taken from the class of small tradesmen, whose time forms their principal capital. They receive no remuneration whatever, and are constantly exposed to the casualty of maltreatment by the disorderly and vicious, whom it is their duty to apprehend. The * When the cholera broke out in the island, the royal court increased the constabulary force by creating, of its own authority, extra special constables. Tliese ceased to exercise office when the pestilence disappeared, but they were re-instated in their functions shortly afterwards, in consequence of the great influx of bad characters from England, who com mitted many and serious depredations. They have since remamed a permanent body, and it may be feared will usurp the rights of the parish, which alone has the right to nominate constables. i i 2 500 constitution of guernsey. douzaine never appoint any of the idle rich, who would deem the situation beneath their dignity, but invariably throw the burden on the industrious, least able to sustain its weight ; certainly the office is not one that comports with the feelings, education, or manners of a gentleman, but the wealthy, as a com pensation for being relieved from this disagreeable task, ought to pay an annual sum for a salaried police, which, being permanent, though, of course, liable to dismissal, on proved malversation, would be infinitely more efficient than the present assistant- constables, who enter office without any knowledge of its duties, and retire at the moment when they have become qualified for the task. The poor are provided for by two hospitals, one in the town parish, the other in the parish of St. Mary de Castro. The foundations of the former were laid in 1741, and the building was completed in 1742. It is under the direction of a treasurer, vice-treasurer, six directors, and six collectors, elected by the rate payers. With the exception of the receptacles for the lunatics, its interior economy reflects great credit on the management, and we cordially unite in the fol lowing testimonies in its favour : — " On entering the hospital, a visitor cannot avoid being struck by the decorum, the cleanliness, the industry, here apparent, and but too often strangers to such establishments. On a very minute examination of every part of the building, at a moment too when the inspection of a stranger must have been utterly unlooked for, it would be withholding due praise from merit, not to declare, that the Guernsey town hospital is in a state of perfect good order, and probably as well conducted as any similar establishment whatever." — Quayle.* " The Bishop of Salisbury bestowed the highest encomiums on the officers of the institution, for the cleanliness and order which reigned throughout, and the progress and moral instruction of the children." — Jeremie. " On entering the doors of this excellent charity, the casual visitor is delighted to observe the air of general comfort, the order, cleanliness, decent clothing, the wholesome substantial food which attract his eye : the day rooms in winter are warmed with a cheerful fire, and in summer are well ventilated ; the sleeping rooms are large, and free from all smell : the bedsteads iron, and free from dirt j the bed-clothes sufficient ; the linen good ; water, by means of pipes, is brought to the door of every room, which is frequently washed ; and clean linen is served out to each inmate every Sunday ; but to the sick, who are placed in separate * General view of the agriculture and present state of the islands on the coast of Normandy, subject to the power of Great Britain, drawn up for the consideration of the board of agri culture and internal improvement, by Thomas Quayle, esq. London, 1815. CONSTITUTION OF GUERNSEY. 501 wards, more frequently. The kitchen is on an improved plan, after the principle of Count Rumford ; and the washhouses are well contrived, as are also the brew- houses and laundry ; there is an open space of ground in front, and a court-yard behind ; and there are two gardens nearly adjoining the house, which, in part, supply it with the needful vegetables, and some fruit ; the spring water is plentiful and excellent." — Berry. The following are the conditions on which the poor are admitted into the town hospital : — " Firstly, — That they quit, yield, and give over and convey, for themselves and their heirs, wholly and for ever to the directors of the said hospital, who accept for themselves and their successors in perpetuity, all and every, the moveables and immoveables which may belong to them at the time of their admission into the said hospital, without any exception or reservation, that such property, whether move able or of inheritance, be employed for the service, utility, benefit, and advantage of the said hospital." " Item. — That if, during the residence of any pauper in the said hospital, there shall devolve to him or be given to him, in any manner or shape, any property or revenue, whether rents, houses, or lands, sums of money, household moveables, or any goods of whatsoever nature they may be,— and that notwithstanding such devolution or gift, the said person should wish to remain and continue and dwell in the said hospital, that then, and in such case, the said person shall cede and transfer to the said hospital such devolution or gift. But, if the said person shall wish to quit the said hospital, it shall be allowed for him so to do without making any transfer or devolution of such gift, provided always that the said person reimburse to the said hospital the expense to which he or she may have subjected the said hospital." " Item. — Whoever shall be admitted into the said house of charity, or be sup ported by it, of whatever age or sex they may be, shall submit to the exact observance of the rules, orders and statutes of the said house ; and, moreover, shall oblige and bind themselves, if they are of mature age ; and, if minors, by then- fathers or mothers, guardians or governesses, to employ themselves in such occu pations or trades, to undertake such works, and perform such duties or services, whether within or without the said house, which shall be ordered suitably to their age, sex, condition, and capacity, by the directors of the said house." " Item. — When any father, mother, guardian, or other person legally authorized to that effect, shall place any minor in the said hospital, it shall be lawful for the directors of the said hospital ultimately to dispose of the said minor, either by putting him into apprenticeship or service, in the manner and for the time that the said directors may deem proper, without any power to the father, mother, or guardian, of taking away such children from the hospital, or of disposing of them themselves. And every person who shall be admitted into the hospital shall be bound to continue as long as the directors may deem it proper, without it being lawful for such person to remove from the said hospital without the permission of the treasurer and directors." — Deliberation book. Letter A., p. 13. By a decision of the royal court of the 30th of October, 1787, it was decided that the country hos pital should receive two-thirds of the wives, widows, or children of soldiers who might have been sent to the island for its defence, and who, by their death or departure, had left their wives, widows, or children, without any means of subsistence. 502 CONSTITUTION OF GUERNSEY. ANNUAL REVENUE OF THE TOWN HOSPITAL Qrs. bush, den Rents due in wheat 326 0 5 Rents due in cash, pay able at 14 livres tour nois per quarter .... £3,000 consols, 3 p. cent. 90 0 0 .£200 3£ New 7 0 0 Liv. sols. den. 274 15 0 Capons 3 Fowls 6 Gros d' Argent 5^ Etelins 2 Ecu Monnoie 1 Obole 1 STATEMENT OF THE INMATES FOR THE YEAR 184C . STATEMENT. MEN. WOMEN. HOYS. GIRI.S. TOTAL. 93 121104 12 92 96 2 103100 7115 101 117 3 44 34 2 33 62 40 41 34 27 2 25 2 2 3434 274282 4 233 8 31 267 288 5 Died Remaining on the 31st December, 1840. . . . Besides two masters and three mistresses . . . The total expenditure for 1840 amounted to £4,358 8s. 5d. The building of the country hospital was com menced on the 16th of April, 1752, and it was com pleted in November, 1753. It remained unoccu pied till June, 1756, when some old invalid soldiers, sent for the defence of the island, remained there during the seven years' war, and left it in 1763. After the building was repaired, for it seems to have been damaged during the sojourn of those troops, the poor of seven rural parishes were admitted on the 7th of December, 1764. In 1800, the walls of the store were built with stone. In 1810, a barn and cart shed were added. In 1811, a granary was constructed. In 1816, new stabling was erected. In 1818, a corn mill was built. In 1819, a sifting machine. In 1822, new cells and stabling, and in 1824, the north wing were added. In 1830, 31, and 32, new buildings were constructed for the classification of the inmates. The present kitchen dates from 1834. The number of inmates, of all ages and sexes, now averages one hundred and forty-six. If an inmate dies possessed of any property, it is inherited by the hospital.* * In the chapter on the " Climate and Diseases of Guernsey,' information on these establishment?. the reader will find farther CHAPTER IX. NATURAL HISTORY. The island, the natural history of which we purpose to examine, contains a variety of soils, vegetable pro ductions, and mineral beds, not unworthy of being detailed in a separate chapter. To enumerate these by simply giving a dry cata logue of substances,* would not serve the purpose of the general reader, and it has been thought better to give a descriptive view of Guernsey and its neighbour hood, in the form now adopted. The Channel Islands may be considered placed within the range of the primary formation, which bounds the atlantic shores of France and the western counties of England. They may be described in relative position as forming a triangle, having Alder ney at the northern apex, Jersey at the southern, and Guernsey will be found at the extremity of the western. Within the area of this figure the whole group will be contained. The geological relation of Alderney and the rocks to the westward, as far as the Casket lights, may be stated to be a part of the primary rocks, which extend over the promontory of La Hogue, in France. They are chiefly of primary sandstone, greenstone, and syenite. The first, however, must not be confounded * Many catalogues of natural productions have been published, but they appear to have been written in too careless a manner. To correct them would have necessitated a repub lishing of errors, and it has been considered best to mention only a few species, which are more rare or entirely absent from the English fauna. We also subjoin a list of shells, which, though not complete, will be sufficient for those engaged in this branch of natural history. 504 NATURAL HISTORY. with the sandstone of Cherbourg, although only separated from it by a body of primitive rocks, not many miles in extent. Alderney presents a high and abrupt cliff to the south, sloping down towards the north and east, where sandy dunes and bays form the coast line. Occa sional beds of porphyry also traverse the island. In Jersey, red coloured granite and syenite predo minate and form the lowest body of rocks, upon which an argillaceous class of substances reposes. This is succeeded by a considerable mass of hornstone and conglomerate, running to the north-eastward. The structure of Sark differs from the rest in having syenite at both extremities, between which is inter posed, forming the bulk of the island, a large mass of schistose rocks, associated with the gneiss of Guernsey. Guernsey is formed of gneiss, lying upon a base of granite or syenite, limiting the latter term to the pri mary rock of that name. These islands, although strictly primitive, differ from each other in their mineral character. Jersey is elevated on its northern side, where it presents a bold and rocky outline. That island declines to the south and east, where are extensive flat bays, interrupted by groups of low rocks, which are mostly covered at high water. With the exception of Sark, the remaining islands decline towards the north, having their southern limits formed of high projecting rocks and precipitous cliffs. In Jersey, the syenite is of a pleasing reddish cast and passes into the grey and white varieties. It forms an excellent building stone, which is raised in large masses, fit for all purposes. In Guernsey, Herm, and Sark, this rock is of a brilliant blueish grey colour, extremely hard and ponderous ; its re sistance to atmospheric influence is great, and it may be used advantageously where great friction is re quired ; it undergoes no change when exposed to the NATURAL HISTORY. 505 action of the sea or running water, and it has been found to resist greater pressure than the ordinary granites of England or France. The dark blue varieties of Guernsey are still in great requisition, and form, with the hornblende rocks of the Vale, the chief material raised for exportation. The following table, showing the result of experi ments made under the direction of Mr. Walker, on the wear of different stones in the tramway on the Commercial-road, London, from 27th March, 1830, to 24th August, 1831, being a period of seventeen months, is extracted from the Mining Journal : — Name of stone. Sup. area in feet. Original weight. Loss of weight by wear. Loss per sup. foot. Relative losses. Guernsey Herm Budle Peterhead (blue) . 1 -Iaytor Aberdeen (red) . . Dartmoor Aberdeen (blue) , 4-7345-250 6-336 3-484 4-313 5-375 4-500 4-823 cwt. qrs. 7 1 lbs. 12-75 24-25 15-75 7-50 15-2511-50 25-00 16-00 lbs. 4-50 5-507-756-258-25 11-50 12-5014-75 lbs. 0-951 1-0481-2231-7951-915 2-139 2-7783-058 1-0001-1021-2861-887 2014 2-2492-9213-216 Much confusion having arisen from the misappre hension of Dr. Macculloch's remarks, as well as the particulars communicated by Mr. Charles Konig, on the geology of the Channel Islands, which have been so often copied and published, it may be necessary, therefore, to mention, that the secondary rocks are entirely absent from our coast. No fossil remains are found in any of the rocks, and lime is only dis covered in small veins of calcareous spar, never exceeding six inches in breadth, traversing some of the rocks of the gneiss series, in Guernsey, or filling the cavities of the argillaceous strata, in Jersey. It is equally erroneous to consider the coast of St. Michael's bay as belonging to the secondary formation. The continuous range of the primary section may be traced along the coast, from La Hogue to St. Malo, and thence to the promontory of Brittany. The few 506 NATURAL HISTORY. substances, of more recent data, which have been picked up at various places in the .Channel Islands, must be considered as adventitious or transported materials. The nearest secondary rocks on the con tinent of France are those belonging to the Caen bed, which joins the carboniferous strata of the Loire ; and, with the exception of the few superior patches of the tertiary deposit, found in the vicinity of Rennes, there is not a rock where a practical geologist would expect to find substances characteristic of the secondary division of the earth's surface. The pretended fossil remains said to be found in the island of Jersey have nothing in them organic, and may all be traceable to some crystalline varieties of felspar, agates or conglomerates. The town of St. Peter-Port, on the east side of the island, was first built at the foot of the hills near the sea line, and extends through a glen, formed by the elevation of the syenite and hornblende on the north side, and the commencement of the gneiss on the south. Its original limits are not easily defined ; remnants of a strong wall on the sea side are occa sionally found beneath the houses and stores which form the eastern side of High-street, and probably the ancient barriers, still seen in several of the streets, mark the line of boulevards which surrounded the town. The hills rising above the glen are at present covered with buildings, ornamental gardens and spires, ex tending about a mile to the westward. To the south, the high grounds afford shelter to the town, and the military station of Fort George on the summit commands a fine view. The scenery here forms a pleasing coup d'ceil, not surpassed by many. The harbour lies at the foot of the hills, and has the islands of Sark, Herm, and Jethou in front, with the isolated fort of Castle Cornet, at a short distance, which flanks the roadstead on the south. NATURAL HISTORY. 507 The harbour of St. Sampson, also situate on the east side of the island, owes its importance to a com modious harbour, and to its proximity to the granite quarries in the neighbourhood. These two places form the only commercial ports in Guernsey. The town of St. Peter-Port, as before observed, lies partly in a glen, leading up by several narrow vales, to the west of the parish. In the bed of this glen, intervening between the syenite and the gneiss, ser pentine makes its appearance, and is found running beneath the town in a direction eastward, towards Castle Cornet, and skirting the syenite and hornblende rocks near the port. The presence of this rock will account for the various intermixtures observable in both the gneiss on the one hand, and the amphibolic rocks on the other. The serpentine passes insensibly into a talcose schist, and with the others forms a tran sition into chlorite and greenstone. The high grounds of the south are composed of gneiss and other asso ciated rocks of that series. The whole of this elevated portion of land may be considered as forming the bulk of the island. This general aspect of the principal rocks composing Guernsey may be sufficient for a view of its geo logical structure, and its mineralogy will be best detailed in a synopsis of rocks found there. It may, however, be proper further to remark, that the elevated portions of the south are pleasingly diversified by short glens, tending suddenly to the sea on the one hand, whilst, on the other, they are seen gently wind ing along the high grounds, forming those numerous valleys which, for some miles, contribute so much to the picturesque appearance of the interior. The northern portion of Guernsey, which we shall now examine, appears at first sight low and flat. In traversing the two parishes composing this division of the island, a number of elevated cairns or hougues, as they are called, dispel the first impression, and the 508 NATURAL HISTORY. Vale and St. Sampson parishes will, on a closer in spection, present some of the most pleasing and diversified views in the island. The geological character of the space under review must be considered as that where the lowest rock appears, and on which the whole of the superstructure of the island may be said to repose. Granite, in all its varieties, prevails over this portion of the island. The western coast presents an unin terrupted band of syenitic rock to the ocean wave. Near the bays of Cobo and Albec it is found of a red colour, traversed by veins of epidote and richly coloured felspar. This rock is succeeded in the neighbourhood of Noirmont, by the grey and blue varieties. From the point of Rousse to the north west angle of the Clos du Valle it is of the finest and most brilliant quality, so much esteemed for the con struction of national edifices and monuments, and it is here worked and raised in blocks of considerable magnitude. The most northern range of rocks is composed of nearly the same ingredients, varying only in colour, by the presence of a greater or lesser quantity of hornblende. Hornblende rock next follows, and it is found, both in its amorphous and schistose structure, extending along the east coast towards the town, the syenite only occasionally making its appearance where the stratum is upraised. In describing the rocks to the south of Guernsey, composed chiefly of gneiss and its accompanying strata, it is too obvious to require any caution in ex amining the coast line. The student will, however, find among the pebbles on the shores, the copies or counterparts of the two grand divisions of the island. Rolled fragments of granite, gneiss, micaceous, chlorite, talcose, hornblende, and actinolite schists, with serpen tine, hornstones, and greenstones, as they occur, will furnish him in a cursory search with this information ; NATURAL HISTORY. 509 but he will have full employment for his hammer in the examination of the varied mixtures and transitions which so exposed a coast can afford. In cases of doubt, recourse must be had to the geological con nexions of the rocks in the neighbourhood. The hills of the island attain their greatest altitude on the south line of coast, which may be stated at three hundred feet high ; their sides are irregular and abrupt, and rendered the more bold by the numerous promon tories which stretch beyond the main land into the sea. The cliffs are in many parts nearly perpendicular, and thus expose their stratification and structure ; some times they are sloping, but studded with projecting rocks and pinnacled masses, often extending far into the sea and rendering this line of coast nearly unap proachable to friend or foe. It is on this side that the alternations and passages of the intruding series of rocks which accompany the gneiss can best be studied. Some interesting exam ples may be viewed, particularly in the neighbourhood of Les Thielles, in Torteval parish. Here alternating lines of the dark strata may be seen traversing the cliffs of reddish gneiss, and in the bay of Bon Repos they are found in every possible state of disturbance. They are observed to issue from near this spot, and intrude their dark streams into the main body of gneiss, in all directions. The boisterous tides which beat along the coast, among these rocky masses, wear away the softer portions ; the sea becoming confined in narrow limits, rushes with impetuosity through the dikes thus formed, and presents one turbulent and fearful line of shore. Amidst these scenes are observed, particularly in the breeding season, numerous aquatic and other birds. Passing along the numerous ravines and projecting headlands, there is little to attract the attention of the casual observer, beyond the repetition of the scene just described. Nothing is seen but the common 510 NATURAL HISTORY. appearance of nature, disturbed by convulsions, long passed away, or by more recently fallen masses strewed in all directions. Here, as in other places, (of the primary formation,) the island presents a desolate outline. The covering of soil along this coast is barely sufficient to procure a scanty footing for the roots of the furze or heaths which inhabit these exposed situations. The little glens and ravines which intersect the cliffs, are supplied with small but rapid streams, which rush down their beds to meet the tide below. Vegetation there is more luxuriant than on the summits, and various plants are found to thrive well, adorning and balming these lonely regions. No trees of any kind are to be seen, except in the distance, where the dwellings of the peasantry become apparent ; here the stunted elm and thorn first strive to face every rude blast from the western sea. Ex posed to the cutting wind which sweeps along this coast, they show, by their scathed tops, the tribute paid for their temerity. A few miserable sheep wander on the sides of the hills in search of food, so far as the tie of the cyperus longus, twisted rope fashion and fastened from leg to leg, will allow them. This line of coast is, however, replete with interest and amusement to the painter and the naturalist. The facility of examining the structure of rocks, afforded by the deep sections of the cliffs, the alter nations of strata and other changes, will render this scene a source of great delight and instruc tion. The artist will also find abundance of bold rocky scenery to employ his pencil to advantage, and the botanist enough to repay him for his fatiguing ramble along this coast. On the other hand, these apparently barren rocks and pinnacled masses will be found clothed with the most rich and luxuriant mosses and lichens of every hue and dye ; not a spot but offers a pleasing study in one of the most interest ing divisions of the vegetable kingdom. NATURAL HISTORY. 511 So admirably has nature adapted her works, that scarcely a slab or block is to be found, even in the most exposed and blighting situation, but produces a varied garment of these diminutive plants, — a site thus aptly conditioned to their growth and increase. The gneiss cliffs continue to range towards the western extremity of Guernsey, where they become less accessible to the rambler, but presenting from their summits many a favourable example of the same bold and picturesque scenery. The elevated hills thus described break into nume rous slopes and glens, leading in a northerly direction ; from hence are derived those tortuous valleys which produce that diversified and rural scenery which is found in the centre of the island. The drainage of the lands tends into these valleys, and forms the rivulets which meander through the meadow-lands and produce a constant supply of mois ture to the interior. To a generally salubrious climate, it may be stated that there are few places better supplied with springs and fountains of delicious water for every purpose of life. The termination of the hills and valleys on the western side opens into a succession of sandy bays, pleasingly diversified and broken by several tongues of land and rocky eminences. Some of the bays are of considerable extent, and continue for some miles to line this coast, until they gain the first division of the island already described. From Rocquaine to Vazon bay, by the road leading to the Catel church, will be exposed to view a series of landscapes of considerable beauty, which continue to increase in interest as you approach the suburbs of the town of St. Peter-Port. The distinct minerals which enter into the rocks composing the island of Sark are referrible to the several varieties which belong to the series in the 512 NATURAL HISTORY. gneiss district ; they may, however, be found in all their gradations, from their simple state to those combinations of a more intricate kind, which that body of rocks so frequently exhibits. The intimate connexion between the rocks of the intruding series affords, within a short distance, frequent intermixtures and insensible changes, highly interesting to the mine ralogist. The main body of that island being composed of the strata here alluded to, comprises in its range every mixture of micaceous schistus, with those of hornblende, actinolite, chlorite, talc and potstone. It is owing to this frequent interchange of ingredients, that so few geologists have been agreed in describing the character of the rocks of Sark. Its metallic veins are rich and abundant ; copper and silver lead ores are found at very shallow levels ; they were com menced being wrought in the year 1835, and at present afford a fair and promising hope of success. These metals have been found in a varying state of com bination, some of rather a rare description, and it is expected that, when greater depths have been attained and the alloys are better known, the result will prove a lucrative undertaking. The syenitic rocks of the north and south extremities are clear and brilliant in aspect ; they contain more metallic indications than similar rocks in the other islands, but have not been, as yet, worked for any purpose. The wants of the islanders, for building purposes, have hitherto been more freely supplied by the schistose rocks, the fissile tendency of which afforded them a ready and useful stone. The syenite of Herm is a free and valuable stone which has been worked to a considerable extent, and has supplied the London market with vast quantities of a good, hard, and ornamental stone. A copper vein has recently been worked here. The simple minerals which enter into the composi tion of the primary rocks connected with these islands NATURAL HISTORY. 513 are too well known to require a description, but it is in some of their associations and combinations that the eye of the mineralogist becomes exercised. Mine ralogy, properly speaking, is of more importance in the study of the primitive rocks, than in the examin ation of secondary or recent formations. In these last, zoological inference supplies its place, and organic remains become the indices by which their characters are best defined. The secondary rocks being entirely absent, the student will meet with little to attract his attention in this respect, although he may occa sionally find scanty and insignificant portions of recent formations dispersed upon the surface, even where nothing can point out to him the means of their trans port. Flint and chert nodules, containing impressions of shells, &c, are frequently discovered beneath the soil, in places which preclude the probable transport by the hand of man. These traces of secondary matter are not unfrequent upon the denuded summit of the gneiss of the south. The two principal divisions of Guernsey having been considered, the following synopsis of the rocks of each will not be found superfluous. ENUMERATION OF THE ROCKS AND THE MINERALS WHICH ENTER INTO THEIR COMPOSITION, COMPRISED IN THE NORTHERN DIVISION OF THE ISLAND. 1. — A confused intermixture of felspar, quartz, and mica ; its texture depending on the relative magnitude, colour, and proportion of each ingredient. Granite — example : Grand Havre, Vale, and north-west coast. 2. — A uniform mixture of the same ingredients ; quartz and felspar of the same aspect and colour, and influencing each other's forms ; glassy, and not easily distinguishable from each other ; the quartz impressed by the foliated structure of the two associated minerals. Example : Vale church and Mont Crevel quarries. 3. — Idem, of a finer texture ; the felspar brilliant and transparent, with horn blende and mica sparingly dispersed throughout the mass. Example : Noirmont and Grand Havre. 4. — Compound of felspar, quartz, mica, and hornblende, usually a fine inter mixture, forms the syenite of the Vale : occasional specks of chlorite and compact felspar superadded. Example : I'Ancresse and northern shore. The front eleva tion of the royal court-house (above the plinth) affords a good specimen of the finer variety. 5. — Felspar well defined, having an oily aspect ; quartz, brilliant, and glassy,: hornblende exceeding the mica in quantity. Syenite — example : Mont Crevel and Vale. 6. — Coarse intermixture of felspar, quartz, and mica ; hornblende scarcely found in the mass ; felspar, dull and mixed, with the compact variety ; quartz, K K 514 NATURAL HISTORY. transparent and somewhat coloured ; mica, intensely black, uniformly dispersed. Example : Mount Cuet, Vale, and the pillar of the pump to the eastward of the town church. 7.— Irregular mixture of the same ingredients ; felspar and quartz exceeding in quantity, and of a dull aspect. Example : north-west quarries, I'Ancresse. 8.— Modifications of the same minerals, with red coloured felspar ; compact felspar, and hornblende in regular crystals. Example : Noirmont, Grand Rocques barracks. 9. — Idem, with epidote, tourmaline and chlorite. Example : ditto. 10. — A fine granular stone of quartz and felspar coloured, forms veins in the syenite, and easily passes into some varieties of hornstone. Example : Mont Crevel and I'Ancresse. 11. — Quartz and felspar highly charged with hornblende, and passing into the dark blue paving stone of the Vale. On the western shore of this division are found the red coloured varieties, resembling the syenite of Mont Maddo, in the island of Jersey. Veins of epi dote are found in the mass, as also red hornstone porphyry and veins of graphic granite. In the neigh bourhood of Grand Rocques, the masses of this rock are best seen, where they form the line of coast. They lie in extended beds, frequently subdivided into smaller prismatic or cuboidal masses. When lying horizontally, they resemble large stairs or beds piled on each other. In other places they are vertical, and present irregular columnar masses. The red variety of this rock is lost in the vicinity of Hommet and Vazon bay, where it dips beneath the sea, but it is traceable in a direction eastward, as far as the division of the two parishes, near the Coutanchez. Indications of metal are rare in the foregoing rocks ; a few specks of iron and copper pyrites and titanium are seen dispersed in them. HORNBLENDE DISTRICT, ON THE EAST SIDE OF GUERNSEY. 1. — Hornblende rock (splitting irregularly), spotted with dark crystals of this mineral, exhibiting short but thick prisms of hornblende, embedded in felspar, often traversed by veins of actinolite, epidote, and prehnite. Example : St. Sampson's harbour and Vale castle. 2. — Idem, with veins of compact felspar, epidote, prehnite, and chlorite ; quarries near the Heronniere and Hougue-a-la-Perre. 3. — Hornblende and felspar, mottled by the short crystals of hornblende, being disposed at opposite angles, forming spots as if sprinkled by a passing shower, the porphyritic hornblende rock of some authors. Example : Vale Castle, Hougue- a-la-Perre, Amballes. This is the Talvaen or Tailvanne of the Guernsey Masons. 4. — Hornblende, felspar, and chlorite, small grained, and passing into green stone of the trap family. Example : Grands Maisons, NATURAL HISTORY. 515 5. — Greenstone, with oblong crystals of greenish felspar, of an oily aspect, approaching the black porphyry of the north of Sark. 6. — Greenstone, uniform and compact ; hornblende and chlorite, in very minute crystals -, the latter sometimes appearing in silky, wavy fibres, resembling spun glass. Example : Vale church and St. Sampson's harbour. 7. — Black and glassy quartz, with a splintery conchoidal fracture, passes into siliceous schist. 8. — Hornblende and felspar, the first in acicular prisms, confusedly disposed horizontally, forming the hornblende schistus of St. Sampson's harbour. Ex ample : quarries, near the church. 9. — Idem, in brilliant, delicate crystals, with felspar predominating. Example : St. Sampson. 10. — In this district chlorite schist occurs in narrow beds. Felspar, in veins passing through the same rock, the compact prehnite easily mistaken for it, when filling up veins in the mass. 11. — Occasional fragments of a rock are found at the Vale, which is allied to some varieties of the augit rocks of Scotland. It was not until after repeated failures that its true situation was discovered ; it is met with in the island of Herm, opposite this coast, and on the south side of the bay of Belval : it alter nates with the syenite of that island, and contains aggregated crystals of prehnite and augit, with minute prisms of felspar. Throughout the mass are globular lumps of radiated prehnite, from a pin's head to a nut in size. In the gangue are seen reddish crystals, probably red compact felspar or red prehnite. Actinolite, in distinct radiated crystals, fills up the cavities not entirely closed by the prehnite. GNEISS DISTRICT. 1. — Gneiss, composed of the usual ingredients, fracture coarse, irregular, and wavy. 2. — Gneiss, in thin laminae, more parallel, the quartz in excess, passing into quartz rock ; stratification more evident, when wet or broken. 3. — Gneiss : all the ingredients mixed together, nearly compact, passing into hornstone ; scales of mica dispersed, with quartz and felspar in grains, distinct and disseminated in the mass, passing into hornstone porphyry. 4. — Gneiss, with large crystals of common felspar embedded. Porphyritic gneiss. 5. — Hornblende strata, crystals of hornblende, well defined, in a gangue of felspar and quartz. Example : Les Thielles, and coast of Torteval. 6. — Greenstone, charged with epidote. 7. — Quartz rock, in strata, at the Gorge of Jerbourg, running through the gneiss, north-east and south-west. 8. — Graywacke, with globular distinct concretions, reticulations of calcareous spar and oxidulous iron ore. 9. — Veins of gray iron ore and pearl spar, traversing the gneiss in a vertical position, at Moulin Huet. 10. — Greenstone, reticulated by calcareous spar. Chlorite schist shifting the strata obliquely. 11. — Trap or greenstone dikes traversing the gneiss, and alternating. Thielles. 12. — Gneiss, the mica replacing the chlorite, forms a rock resembling mica schist, at Torteval. 13. — Gneiss, near the Forest, felspar in excess, red, decomposing, having all the other ingredients absent. 14. — Highly coloured gneiss, Rocquaine bay, Lihou island. Chlorite, epidote, and veins of felspar and hornstone. Gray gneiss, of the same aspect as the gray syenite of the Vale, is used for building purposes, and worked for granite blocks, the stratification perfect: seems to pass into that rock by insensible degrees. Catioroc. MINERALS FOUND IN THE GNEISSIC DISTRICT. Sulphat of iron. Mundic. Specular iron ore. Sulphuret of copper. Blue and green carbonat of copper. Carbonat of iron. Gray iron ore. Brown and K K 2 516 NATURAL HISTORY. pearl spar. Sulphuret of lead. Carbonat of lead. Sulphuret of manganese. Epidote, chlorite, actinolite, prehnite, steatite, asbestus, talc passing into lapis ollaris. Gorban is a term applied to beds of submarine peat, which is dug for by the inhabitants at very low spring tides. The quantity in some of the bays is considerable, both in depth and in extent ; it is also found beneath the marshes, near the coast: this last appears of the same quality and date as the former. In some of the boglands, however, in the higher parishes, there is a peat sometimes found, which must be considered as the produce of vegetable decomposition now in progress. The submarine peat of the Vazon has been derived originally from some catastrophe affecting the coast of this island, the date of which is unknown. It may reasonably be placed at a remote period, and probably with those of a similar nature on the shores of Gaul and other parts. Although the bed of peat or gorban may now be, from various causes of de composition and compression, somewhat at a lower level than the meadow lands of the island, there is no doubt that the timber found there had grown upon the spot where it now lies. Whole trunks of trees are frequently dug up from beneath the sand. The greatest depth of peat is found near to low water mark, where it is often un covered. The writer has seen trunks of large trees entirely covered on one side with corallines, flustrse, tubiporse, &c. The only perforating shells found were the pholadea, and as the timber was free from these and from teredines, it is evident that it was covered with alluvial matter to a considerable depth, before its conversion into peat, and that the removal of the sand, &c. , subsequently favoured the growth of corallines and flustrse, which can only be considered as recent intruders upon the peat. From the examination of the plants and other sub stances in the peat, the whole was the produce of a NATURAL HISTORY. 517 low district which was protected from the power of the atlantic wave by rocks and silted materials at a certain distance from the present coast line. This district was probably extensive, and enclosed a large portion of Rocquaine bay, the Hanways or Hanois rocks, (a dangerous reef, which extends about two miles from Pleinmont point,) and the extremity of the island of Lihou. It may have passed beyond the bays of La Perelle, Vazon, Cobo, to the north-western limit of the Clos du Valle, including the whole extent of the Braye. The event referred to .must be placed at a remote period, as all records which bear upon the subject — in cluding those rights of forest which are said to belong to certain estates near the coast — are vague and un satisfactory. Tradition is equally uncertain ; but from all these, although mixed up with much fiction, some probabilities of truth may yet be preserved to assist the historian. It must not necessarily be supposed that the whole area now considered was submerged at one time ; and, from the different vessels and imple ments found within it, the remains of the Celtic tribes, it may very probably have been the work of centuries. The catastrophe which is recorded at Mont Saint Michael, on the coast of France, may very probably be connected with others of the same nature on other coasts, and as this account relates to the separation of the mount from the coast of Cancalle, we have reason to conclude that the same causes operated likewise on the boundaries of the Channel Islands.* * Amongst the thousand and one stories of the renowned king of the round-table, whose fame was not confined to Britain alone, it is recorded in the tales of Armorica that Arthur obtained the appellation of "Uterpen dragon," or the conqueror of the dragon, for his glorious victory over that monster. This celebrated feat took place in the forest, near Morlaix. This forest, like others on our own coast, was nowhere to be found, having dis appeared probably with the impenetrable woods which are also stated to have once surrounded the " Mont des Tombes," and its sister lull, " the hoary rock in the wood," in Mount's bay. In 1812, the Comte de la Fruglaye discovered, after a violent storm which had devastated the shore, near Morlaix, in the very place where it was related a forest once existed, an immense area of vegetable matter, consisting of large trees and other detritus of the same nature, and in the same state of preservation, as we find the gorban on our coast. He further states, that the oak and the beech predominate among these interesting remains, but that the latter tree is scarcely to be seen in Brittany : the same observation might be made on ouri&orban, in which also the hazel and its fruit have been frequently found, but which, like tlfejbeech, has disappeared from the island. In exploring the Celtic remains of these islands, certain indications, confirmatory of the existence of these lands, now under water, were made : they have been noted in their proper place, when treating of the anti quities of the island. 518 NATURAL HISTORY. From the foregoing sketch of the structure and composition of Guernsey, it will be seen that its variety of soils as well as the exposition of its surface must exert a great influence upon vegetation. The native Flora* has been a source of much research, but we are enabled only to give the following list of the more rare plants, compared with that of the British catalogue, referring the reader to the climate and hor ticulture of the island, which are treated of in follow ing chapters. Tamarix gallica. Ulex nanus. Trichonema columnar. Juncus capitatis. Exacum filiforme. Cynosures echinatus. Lagurus ovatus. Briza minor. Polypogon monspeliensis. Papaver hybridum. Papaver argemone. Matthiola sinuata. Rhaphanus maritimus. Silene quinquevulnera. Lavatera arborea. Erodium moschatum. Oxalis corniculatum. Medicago denticulata. Lotus Angustissimus. Lotus hispidus. Arthrolobium ebracteatum. Myriophyllum alteriiinorum . Herniaria glabra. Herniaria ciliata. Polycarpon tetraphyllum. Bupleurum aristatum. Daucus maritimus. Gnaphalium luteo-album. Centaurea isnardi. Orobanche'caerulea. Scrophularia scorodonia. Orchis laxiilora. Allium ampeloprasum. Potamogeton plantagineus. Carex punctata. Knappia agrostidea. Bromus maximus. Asplenium lanceolatum. Cyperus longus. Pyrola rotundifolia. Bartsia viscosa. Helianthemum guttatum. In entomology we have little to notice. There are a few insects more numerous than in England. Several others can be traced as having been introduced with the importations of plants and foreign trees. The glow worm is not found in Guernsey, although common in Jersey. The abundant supply of fish, furnished by an ex tensive and varied line of coast and sandy bays, entitles Guernsey to be ranked in the list of the fisheries of the British channel. Its fish market is spacious and commodious, and is usually well supplied. The quantity of this excellent * In a recent work on the Flora of the Channel Islands, published by Charles C. Babington, M.A., P.L.S., F.G.S., &c, &c, it is stated that the total number of flowering plants and ferns, exclusive of varieties, contained in the catalogue, amount to 848, of which 692 are natives of Jersey, 553 of Guernsey, 313 of Alderney, 247 of Saik, 174 of Herm and 113 of Jethou. This ist does not include the acotyledones. NATURAL HISTORY. 519 food brought there for sale, is sometimes very great, and independently of this supply, much of the produce of the fishermen is sent to Jersey, France, and Eng land. The farmer, the pilot, and the fisherman, are often united in the same individual, and, by the active and successful exercise of these occupations, a valu able class of men is preserved to the island. Provincial or local names produce much inconve nience, unless when accompanied by their systematic appellation. We subjoin the following list of fish, to show the variety in this particular branch of our natural history, which abounds on the coast. OF SINISTER FISHES THE CHIEF ABE THE Turbot, Rhombus maxdmus, Cuv. Brill, ,, vulgaris. Whiff, „ megastoma, Yarrell. Megrim, „ arnoglossus, Yarrell. OF DEXTER FLAT FISH, THE Sole, Solea vulgaris, Cuv. Lemon Sole, Solea pegusa, Yarrell. Plaice, Platessa vulgaris, Cuv. Dab, ,, limanda. Marysole, ,, microcephalus. OTHER ESTEEMED VARIETIES. Dory, Zeus faber. Mullet, Mugil capita. Surinulet, Mullus surmulctus. Mackerel, Scomber scomber. Red gurnard, Trigla cuculus. Gray , , ,, gurnard us. Sapphirine ,, ,, Hirundo. Basse, Labrax lupus. Wrasse, Labrus maculatus. Bream, Pagellus centrodontus. Gilt head, Chrysophrys aurata. Herring, Clupea harengus. Pilchard, ,, pilchardus- Horse mackerel, Caranx trachurus. Gar fish, Esox belone. Common cod, Morrhua vulgaris. Bib cod, Morrhua lusca (panchettej. Pollack, Merlangus pollachius. Ling, Lota molva, Cuv. Atherine, Atherina presbyter (rosselet). Conger, Conger vulgaris. Ray, Raia muculata. Dog fish, Squalus canicula. Hoe, ,, acanthias, Linn. Hound, „ mustelus, Linn. Sand-launce, Ammodyt.es lancea. Sand-eel, ,, tobianus. AMONG THE RARE VISITANTS ON THIS COAST, ARE THE Tunny, Thynnus vulgaris. Bonito, ,, pelamys. Scabbard, Lepidopus argyreus. Spanish bream, Pagellus erythrinus. Maigre, Scisena aquila. Great weever, Trachinus draco. Lesser ,, ,, vipera. Salmon, Salmo salar. Shad, Alosa finta (la gatte) . Lump fish, Cyclopterus lumpus. Electric ray, Torpedo vulgaris. Angel fish, Squatina angelus. Seahorse, Hippocampus brevirostris. Hake, Merlucius vulgaris. Whiting, Merlangus vulgaris. Haddock, Morrhua seglefinus. Sun fish, Tetrodon mola. Fishing frog, Lophius piscatorius. Dragonet, Callionyinus lyra. Blenny, Blennius gattorugine. Tadpole, Raniceps trifvrcatus. The trial made by Mr. J. B. Arnold, to retain within the limits of a fresh water pond, at the Vale, several of the common sorts of fish above enume- 520 NATURAL HISTORY. rated, has succeeded with the gray mullet, turbot, sole, and plaice. It must be obvious that such an attempt requires much circumspection and attention to the varieties thus located together ; the voracious sorts should be excluded where the young fry of the best kinds are preserved. The experiment is deserv ing of encouragement, if based on a more systematic management than has yet been attained. In zoology, whatever may have been the native species known to our forefathers, there is now nothing to enumerate as peculiar to Guernsey. The want of forest lands, to serve as shelter to animals, must always prove destructive to them in their wild state. The tusks of the boar are not unfrequently found in turning up the soil. The horns of the stag are occasionally discovered in Herm, which was formerly kept as a preserve for the governor. Pheasants, hares, and rabbits were also abundant in that island.* The partridge (red legged) has been mentioned as formerly a native of Guernsey, but it has long been extirpated, and only appears as an importation from the coast of France. The total absence of the mole, the toad, and the snake, from the island, has been a matter of speculation for many years : it is the more remarkable, as they are very numerous in Jersey, whilst the mole is equally abundant and troublesome in Alderney, but Guernsey and the other islands are entirely free. The toad of Jersey is large, and consi dered of a different species to that of England. The green lizard and the blindworm are the only two species to be cited in erpitology. Of birds, the variety is limited, but few places of equal extent can be found, where small birds are more numerous, and, during the winter, the islands are * By an ordinance of the chief pleas, 23d April, 1574, the " chasse " of hares, rabbits, pheasants, and partridges, was restricted to the jurats, curates, gentlemen, and officers, and to the principal inhabitants " de bien," under penalty of ten livres to the queen. Native hares disappeared from Guernsey about sixty years ago, but pheasants and partridges had long previously ceased to exist. The last deer in Herm was killed about the year 1770 ; but there were partridges, both on that island and on Sark, twenty years later. In the reign of Elizabeth, the sporting in the Clos du Valle was reserved for the governor. NATURAL HISTORY. 521 visited by many in their migrating excursions to the south. The wild swan, and many of the duck tribe, are seen during that season, passing to more genial climes : these are frequently shot and brought to market. Woodcocks and snipes, quails, rails and plovers, appear in their season on the island. Among the rare visitants of this place may be mentioned the following, viz. : — BIRDS OCCASIONALLY FOUND IN GUERNSEY. Osprey, Falco haliaetus. Jer-Falcon, Falco gyrfalco. Greenland do., Falco Lagopus. Starling, Sturnus vulgaris. Missel Thrush, Turdus viscivorus. Fieldfare do. ,, pilaris. Redwing do. ,, iliacus. Ring Ouzel do. ,, torquatus. Hoopoe, Upupa epops. Crossbill, Loxia curvirostra. Mountain finch, Fringilla montefringilla. Woodcock, Scolopax rusticola. Snipe, „ gallinago. Judcock, ,, gallinula. Corncrake, Gallinula crex. Spotted rail, ,, porzana. Little gallinule „ minuta. Little grebe, Podicepe minor. Common tern, Sterna hirundo. Stormy petrel, Procellaria pelagica. Shearwater, ,, puffinus. Wild swan, Anas cygnus. Wild goose, ,, anser ferus. White fronted do., Anas albifrons. Brent do., ,, bernicla. Wild duck, ,, boschas. Sheldrake, ,, tadorna. Shoveler, ,, clypeatu. Gannet, Pellecanus bassanus. The hooded crow, Corvus comix. Chough, ,, graculus. Golden oriole, Oriolus galbula. Quail, Tetrao coturnix. Great plover, Charadrius sedicnemus. Golden do., ,, pluvialis. Dotterel, ,, morinellus. Sanderling, ,, caledris. Common heron, Ardea major. Bittern, ,, stellaris. Spoonbill, Platalia leucorodia. Glossy ibis, Tantalus igneus. Godwit, Scolopax segocephala. Lapwing, Tringa vanellus. Grey plover, Tringa squatarola. Coot, Fulica atra. Guillemot, Uria troile. Northern diver, Colymbus glacialis. Speckled do., ,, stellatus. Black do., ,, arcticus. Goosander, Mergus merganser. Redbreasted do., Mergus serrator. Golden eye, Anas clangula. Wigeon, ,, penelope. Pintail, ,, acuta. Teal, „ crecca. | Puffin, Alca arctica. The shores round the island abound in sea weed. To the farmer, the common sorts are an object of the utmost importance, both as regards the com forts of his house and family, for fuel, and also that of his lands for manure. To the naturalist, this portion of the vegetable kingdom will be found a copious fund of research. The great variety of rocks, cliffs, and sandy bays, within an area of a few miles, will offer to him a wide field for investigation, and which, for the numerous specimens found here, can scarcely 522 NATURAL HISTORY. be matched elsewhere. The scientific examination of the thalassiophytes of the Channel Islands has not been exhausted, and there is little doubt, that many sorts remain yet undiscovered. The rise and fall of the tide round the island is estimated at thirty-three to thirty-nine feet, at the change and full of the moon. The crustacea, another branch of natural history, which has so much occupied the attention of English naturalists, within a recent period, are also plentiful, and in some instances singularly disposed on our shores. The male of cancer pagurus is more often caught than the female. The velvet (cancer puber), and the spider crab, are abundant, and brought to mar ket in great numbers. Lobsters and the large cray fish are' sent to various parts of England, as well as to France and Jersey. The following species have been discovered by Mr. F. C. Lukis : — Gonoplax bispinosa, xantho florida, , corystes dentata, squilla desmarestii, and phyllosoma sarniense* The conchology of this island will be best detailed by the list of shells annexed. The small island of Herm has long maintained a superiority over the rest for quantity and the variety of genera found on its beach. The coasts of Guernsey, however, produce nearly all the same species in a live state, although not so plentifully distributed. It is with some sur prise that strangers view the quantity of ormers, Chaliotis tuberculataj brought to market in the months of February, March, and April. They are cooked in a variety of ways, and supply a palatable meal, somewhat resembling veal cutlets. The venus verrucosa is also brought to market, supplying the place of the common cockle (cur- diumedule), which is not very plentiful here; and likewise the trochus crassus, instead of the turbo litoreus, which last is but sparingly distributed. Of land and fresh water shells the number is small ; * Vide Magazine of Natural History, vol. 8, p. 459. NATURAL HISTORY. 523 among the former, the helix reveleta has been dis covered on the hills of the south, by Mr. Forbes. The shell slug (or testacella sowerbii) is plentiful in some localities. It may be stated that the cyclostoma elegans is only to be found in Alderney, psammobia strigilata in Herm, helix cingenda in Jersey, and voluta triplicata, according to the late Mr. Gosselin, in Guernsey. It is proper to remark, that since the days of that gentleman, it has not been met with ! Among the scarce shells found here may be added the tritonium nodiferum, three specimens of which have been re cently dredged up on the coast. The shores of Sark, steep and rugged as they are and almost devoid of beach, produce in the caverns of rocks several volutae, which do not appear in their live state on other shores. Among these are voluta reflexa, v. alba, and v. bidentata. Banks of oysters exist in the neighbourhood of the coast, but none are at present dredged, owing to the more ready supply from Jersey and Cancalle. BIVALVES, &c, FOUND IN GUERNSEY, NAMED AFTER TURTON'S CONCHYLIA. Pholas Dactylus. Lutraria Oblonga. Venus Ovata. ,, Parva. ,, Elliptica. ,, Sarniehsis. „ Candida. Goodallia Triangularis. ,, Aurea. Teredo Navalis. Psammobia Florida. ,, Virginea. ,, Dorsalis. ,, Costulata. ,, Decussata. „ Malleolus. ,, Vespertina. ,, Pullastra. ,, Bipennata. „ Deflorata. Cythersea Chione. Gastrochsena Pholadia. ,, Ferroensis. ,, Exoleta. Saxicava Rugosa. ,, Solidula. ,, Sinuata. Hiatella Minuta. „ Strigilata. „ Tigerina. Petricola Irus. Lucina Lactea. Tellina Crassa. Lyonsa Striata. ,, Leucoma. „ Suborbicularis Sphenia Binghami. ,, Rotundata. „ Fabula. ,, Swainsonii. ,, Undata. ,, Tenuis. Corbula Nucleus. „ Radula. ,, Donacina. Pandora Margaritica. Cryptodorn Flexnosum. ,, Depressa. Anatina^Pubescens. Capsa Castanea. ,, Punicea. „ Distorts. Cyprina Islandica. ,, Striata. Amphidesma Prismaticum ,, Minima. „ Macula. „ Boysii. Venus Verrucosa. Solen Ensis. Kellia Rubra. ,, Casina. „ Vagina. Montacuta Substriata. ,, Reflexa. ,, Pellucidus. „ Oblonga. „ Fasciata. „ Siliqua. Lepton Squamosum. ,, Gallina. „ Squamosus. 524 NATURAL HISTORY. Donax Complanata. Pinna Fragilis. „ Ingens. ,, Pectinata. Arc'a Fusca. ,, Perforans. ,, Nose. Pectunculus Glycymeris. ,, Pilosus. ,, Undatus. ,, Decussatus. ,, Nummarius. Nucula Nucleus. Cardium Tuberculatum. ,, Aculeatum. ,, Echinatum. ,, Nodosum. ,, Exiguum. Cardium Lsevigatum. ,, Serratum. „ Edule. Mytilus Ungulatus ,, Edulis. ,, Pellucidus ,, Incurvatus. Modiola Modiolus. ,, Gibsii. ,, Discors. ,, Discrepans. Ostrea Edulis. ,, Parisitica. Pecten Maximus. ,, Opercularis. ,, Sinuosus. ,, Obsoletus. ,, Varius. Pecten Pusio. Lima Bullata. ,, Subauriculata. Cyclas Cornea. ,, Pusilla. Anomia Ephippium. ,, Cepa. ,, Squamula. ,, Undulata. ,, Cylindrica. ,, Aculeata. ,, Squamula. Mactra Subtruncata. ,, Truncata. ,, Solida. ,, Tenuis. , , Glauca. UNIVALVES, &c, NAMED CHIEFLY FROM TURTON'S DICTIONARY. Helix Lubrica. Obscura. Octanfranta. Otis. Laevigata,Alliaria. Spirorbis-, Fontana.Virgata. Caperata. Rufescens.Nitens. Hispida.Radiata. Janthina. Nemoralis. Aspersa.Bifasciata. Palustris. Fossaria. Limosa. Rhombea. Succinea. Putris.Octona.Detrita. Vitrseus. Turbo Politus. Labiosus. „ var. Ascaris.Nitidissimus. Subulatus.Pallidulus. Puteolus.Lacuna.Clathrus. Clathratulus. Turbo Turtonis.Elegantissimus. Unicus.Pullus.Crassior. Vinctus.Depressus. Quadrifasciatus. Litoreus. Jugosus.Rudis. Petroeus.Ruber. Unifasciatus. Ulvse. Ventrosus. Cingillus.Reticulatus.Cimex. Calathriscus.Striatulus.Striatus.Costatus. Parvus.Muscorum.Carychium.Unidentatus.Plicatus.Pallidus. Nigricans. Perversus.Serpuloides. Chrysalis. Umbellicatus. Zetlandicus.Marginatus.Curvirostris. Voluta Lsevis. :•} Voluta Tornatilis . ,, Ringens. " ,, Reflexa. „ Alba. ,, Pallida. ,, Triplicata. ,, Bide'ntata. Bulla Lignaria. ,, Cylindrica. ,, Retusa. ,, Obtusa. . , Aperta. ,, Hydatis. ,, Patula. , ,, Diaphana. ,, Haliotoidea. Physa Hypnorum. Cyprsea Pediculus. Buccinum Undatum. ,, Lapillus. ,, Reticulatun. ,, Lineatun. ,, Macula. ,, Ambiguum ? ,, Minimum. Murex Adversus. ,, Reticulatus. ,, Tuberculatus. ,, Biplicatus. ,, Linearis. ,, Gracilis. ,, Purpureus. ,, Erinaceus. ,, Septangularis. ,, Proximus. Trochus Magus, ,, Ziziphinus. ,, Erythroleucos. NATURAL HISTORY. 525 Trc ichus Exiguus. Lepas Verruca. Serpula Rugosa. „ Umbilicatus. Cliiton Marginatus. ,, Tubularia. ,, Cinerarious. ,, Fascicularis. ,, Corrugata. ,, Crassus. ,, Punctatus. ,, Sinistrorso. ,, Tumidus. ,, Leevis. ,, Lucida. Dentalium Semistriatum. Nerita Glaucina. Strombus Costatus ? ,, Entalis. „ „ var. B. Testacella Sowerbii. ,, Dentalis. ,, Li (oralis. Haliotis Tuberculata. Lepas Anatifera. Serpula Spirorbis. Capulus Hungaricus. , Anserifera. ,, Spirillum. ,, Militaris. , Sulcata. „ Granulata. Fissurella Grseca. , Fascicularis. , , Heterostropha. Emarginata Fissura. , Cornuta. ,, Minuta. Ancyllus Lacustris. , Membranacea. ,, Triquetra. Calyptrsea Sinensis. , Scalpellum. , , Complexa. Patella Vulgata, , Balanus. ,, Seminulum. „ Lsevis. , Conoides. ,, Lactea. „ Pellucida. , Balanoides. „ Vermicularis. „ Virginea. The rocks on the shore are covered by zoophites and other marine productions, which are abundantly distributed round the island, and will afford to the student in this branch of natural history much interest and delight. The rocks are daily accessible to his researches, and the great fall of spring tides ex poses a large extent of coast replete with corallines, spongiae, gorgonise, &c. The ulvse and conferva? are equally plentiful ; amongst them may be mentioned the dictyota pavoniee. The aplysia and the velella limbosa are frequently caught on the shore, but the medusae are not very numerous. The common limpet (patella vulgata) is very abundant on the rocks, and appears to have been used as an article of food to a greater extent than at present. The quantity of shells exposed over the surface, or occasionally dug up, shows the vast use of these by the early inhabitants, and, in some places, they are found at a distance from the cottages and at a depth of many feet below the soil. Beds of limpet shells are not unfrequently cut through in the island of Herm, where it is difficult to account for their accumulation. CHAPTER X. CLIMATE AND DISEASES. This island, in a medical point of view, presents no little interest ; but such a minute detail as would be in uniformity with the statistics of other countries is beyond the nature of the present work, and this chapter can be extended only to a general outfine of the subject. The climate of the Channel Islands resembles, in many particulars, that of the neighbouring shores of the west of England and France. It is not uncommon to see, during clear weather, the coast of France covered with snow, while not a flake has fallen on Guernsey, where, indeed, snow seldom lies on the ground beyond one or two days. Its insular position subjects it to frequent changes, hygrometric and thermometric. but rarely, from situa tion alone, barometric. The prevailing winds are the south-west and west, and are warm and moist. The easterly are generally of short continuance, and are cold and dry, accompa nied with fine clear weather, and usually very little rain. In the spring they last longer than at other seasons. Gales are experienced during the winter at irregular intervals, but frequently occur of uncertain duration during the equinoctial .periods, and some years they are very mild. The weather is nearly the same as in Jersey, but in Guernsey the surface is much drier and less wooded, CLIMATE AND DISEASES. 527 and consequently there is an absence of the effluvia or miasmata, which arise from the decomposition of vegetable matter. The lower or northern parishes are overflowed in some places with fresh water during the more rainy winter months, but are free from this inconvenience during the summer, the land thus overflowed being then tilled in a variety of ways, and very productive. The drainage throughout the island is well attended to, and the diseases which are peculiar to marshy districts are now never met with in Guernsey. The island inclines towards the north, and presents a surface every where occupied with arable land and dwellings, scattered in all directions. The purity of the sea-breeze and the salubrity of the atmosphere contrast strongly with many other isothermal districts. The natives are strong and healthy, and not subject to any endemic. The diet in the country parishes consists of fish during summer, with soup and vege tables, and during the winter of salt fish and pork. The ordinary beverage is cider, tea, or coffee, with wine, and a rather too plentiful supply of spirits. The bread is of good quality, and the brown or barley bread, though still made, is not now so generally eaten as within a few years. Though the natives may be said to be healthy, their mode of living and diet tend rather to weaken them and induce disease. Many farmers, with their dependants, rarely eat fresh meat, and with their la borious occupations its absence is felt by the constitu tion, and a weak and languid circulation is frequent. Together, with this, dyspepsia and its many conse quences are induced. The robust and muscular character of the true English labourer is not seen in the working Guernseyman, nor is his acuteness of perception so evident ; nevertheless, the Guernsey- man, though slow, works well, and is intelligent. No greater proof can be adduced of the healthi- 528 CLIMATE AND DISEASES. ness of the island than the little inducement formerly given to medical men to practise in it. To remedy the inconvenience that this absence must have occa sionally produced, we find the " States," on the 12th October, 1632, granting "to Mr. Samuel de la Place, minister of the church, and exercising the profession of medicine in this island, the annual sum of twelve quarters of wheat as a pension, to be paid by all the parishes according to the accustomed rates," and, for about a century subsequently, the few resident practitioners were chiefly Frenchmen of very doubtful professional ability. Indeed, within the memory of individuals now living, there were only three persons " exercising the profession of medicine " in the island ; but, at this moment, there are not less than six phy sicians, twenty surgeons and apothecaries, and eight druggists, many of whom, however, must find very limited employment, notwithstanding the influx of visitors and the great increase of population. Thirty or forty years ago, scarcely a medical man kept either horse or vehicle, and when a countryman required his attendance, which was very rarely, he brought his cart-horse for " Monsieur le Docteur." Indeed, the present medical men may well exclaim — " Tempora mutantur, nos et mutamur in illis." St. Peter-Port, the principal town, is elevated, and declines rapidly to the E.N.E. It owes its salubrity to its commanding aspect and rocky foundation. The drainage is most complete ; but the streets, in the old or lower town, are very narrow, although vast im provements, which are still progressing, have of late years been effected. A perfect supply of the purest water is freely ob tained in every part, by means of the numerous public wells sunk through primitive strata to the depth of from sixty to one hundred feet : in the northern ex tremity they pass into trap and syenite ; in the south ern into gneiss, serpentine, &c. CLIMATE AND DISEASES. 529 The sanatary regulations are strictly enforced by the authorities, and very liberal assistance in blankets, coal, and soup, is afforded to the necessitous. Private as well as public societies are numerous for the pur pose of giving relief and comfort to the indigent, especially during the winter. There is an excellent establishment in St. Peter- Port, affording shelter to about two hundred and eighty inmates of all ages. It is called a hospital, though it is rather a poor-house. It is also a work house, though, in fact, nominally such, for little is manufactured besides coarse cloths and thread, prin cipally for the use of the house. Nets of various descriptions, and a little basket work are also among the produce. This establishment is of infinite value to the town and to the sick stranger poor. That it is an advantage to unite a poor-house and hospital for the sick, may not at first sight appear evident, nor indeed is it so in large communities ; but, in the present instance, its great value can only be appreciated by those who are made acquainted with its modus operandi and results. It is daily visited by the house surgeon and parochial medical officer. The number of sick inmates and strangers varies con siderably, rarely exceeding fifty of both sexes.* An hospital is also provided for the country pa rishes, and is situate nearly centrically, as respects the island, in the Catel parish. It is on a similar, but not so extensive a scale. The medical officers are elected annually in both hospitals. It has been asserted in recent writings, that the climate of Guernsey is damp ; but it is certainly less so than that of the west of England, though, of course, some situations are more humid than others, and some seasons and years more rainy than others. But as the next chapter contains such ample details * The sick wards are quite distinct from the dormitories, and the men's sleeping apart ments are in a separate dwelling house, attached to the former. The female children occupy a building also distinct from the two first, having a school for them in the house. L L 530 CLIMATE AND DISEASES. on the subject of climate, these remarks must be considered of a very secondary character. The climate is relaxing, and the atmospheric changes are occasionally marked by the prevalence of some peculiar maladies, which disappear with a change of weather. This effect is nearly similar in all parts of the island, and varies in character, as in all countries, according to circumstances. Thus, at some periods of the year, and during the prevalence of certain winds, maladies increase or decrease, or others make their appearance and again disappear, when their causes are removed. The average is nearly on a par with England as to name and number, but the type holds a medium position between those of England and France. There are some few, in both these countries, which are unknown here, as goitre, &c, among which may now be classed ague. It is interesting to notice that ague, or the intermit tent fever, no longer prevails in Guernsey ; and this absence is doubtless owing to the better drainage of the lower parishes, and to the following cause : — A large tract of land, now recovered from the sea, was flooded at every tide, and when the water was low, exposed a considerable surface, the evaporation from which was supposed to have been the cause of mala ria ; however, certain it is that no ague has, since the shutting out of the sea, made its appearance. (See page 177.) In those days, the Vale castle, the barracks on Delancey heights, and Doyle barracks, on I'Ancresse common, were so unhealthy, that the officers and soldiers stationed there, even for a short time, were almost invariably attacked with intermittent and re mittent fevers. The inhabitants of that part of the country were also perhaps more subject to these affections, and treated themselves with powdered bark, centaury, &c. ; but, at present, a case of ague is exceedingly CLIMATE AND DISEASES. 531 rare, and is never seen in an individual who has not previously contracted it in other countries. The remittent prevailed nearly equally with the intermittent, but is now as completely absent. The infantile remittent, as it is improperly called, is met with as in other countries, and must be consi dered as the consequence of irritation in the intestinal or ganglionic systems, and hydrocephalic affections may be mingled with, or taken for it. The remittent of older children appears equally as in England. The autumnal remittent is met with in Guernsey, but much less than in Jersey. Children of the labouring classes are infinitely better attended to than in many countries ; their clothing, food, and comforts, are much superior, and care is taken as to cleanliness. Indeed, the stranger is surprised on entering the island, at the absence of beggars and ragged children. From the comparatively variable nature of the cli mate, it might be expected that acute inflammations would be frequent ; but, on the contrary, they are not often met with, and the more common of these are mild inflammations of the trachea and larynx, usually among children. During the continuance of, or oftener immediately after, the prevalence of cold easterly winds, children suffer from croup and other affections of the air pas sages. These are most general in the spring and fall. In March and September, children are subject to the same affections as in other countries, and when the measles are epidemic, we frequently find its cha racteristic catarrh with little or no eruption or febrile action. The same fact is observed when scarlatina is also general ; many individuals, and even those who have been previously attacked with genuine scarlatina being affected with sore throat, sometimes complicated with bronchitis, or pneumonia in a mild form, the cha racter of the throat being that of scarlatina. In l l 2 532 CLIMATE AND DISEASES. these seasons roseola aestiva and autumnalis are oc casional, and nearly resemble measles, but the catarr hal symptoms are wanting. When the influenza visited the island, the elder members of the community were the greatest suffer ers. It appeared in the winter of 1836-7, and conti nued until 1838. Its symptoms were the same as elsewhere, simulating many acute and chronic dis eases, and leaving the sick in a state of great and long continued debility. It appeared to add fresh fuel to the embers of dormant and diathetic maladies, reviving old and forgotten complaints, making inva lids in a few days of those who considered themselves hale, and destroying not a few individuals. It is rare for an epidemic or contagious malady to remain confined to one part of the island. The scar latina of 1837 commenced in the fall of the year, and in the spring of 1838 assumed a very malignant type, more remarkably so in a few isolated dwellings in the higher and more airy neighbourhoods of the town. By the summer it had considerably diminished in the town, but was very severe in the country. In 1839, it again appeared in the town, though of a mild cha racter, and disappeared as the winter approached. The small pox of 1836, 1837, and 1838, spread throughout the island in the same manner as the scarlatina. Its confluent form is not unfrequent, though infinitely less so than formerly, and it would rarely be seen but for the carelessness of some of the lower classes, and the strange notions they have re specting it. They consider that an individual must have the small pox once in his life, or at least ought to have it, and they increase its virulence by warm clothing, heating drinks, disbelief in the powers of the vaccine virus, and a most tardy application for medi cal aid. The island is often perfectly free from these maladies for considerable periods. Neither the genuine typhus of England, nor the CLIMATE AND DISEASES. 533 disease as it appears in France, can strictly be said to be seen here ; some continued fevers, with peculiar eruptions, occasionally resemble it, and a typhoid type may be assumed, but they are seldom fatal. No part of the island is more subject at present to one disease than another, if we except hernias, which may be said to be more frequent in the lower parishes, where the granite quarries are worked. The appearance, in 1832, of the cholera has been already noticed in a previous part of this work. — (See page 210.) The treatment at first pursued was the same as was generally recommended, viz., the calomel and opium ; but it failed almost completely, and the saline treatment was then tried with singular benefit. It appears by records, that this island has been more than once visited by plagues, as were formerly other countries in Europe. The bodies of those who fell a sacrifice to one were buried in the Vale parish, in a district or field which bears the name of "La Maladrie," or " La Maliere." Consumption. — The tuberculous diathesis is not more peculiar to the island than it is to other isothermal districts ; it is even less so than to many. That the inhabitants of the temperate zones are nearly equally subject to tubercular consumption, is now fully esta blished. It prevails in both hemispheres, but the equatorial and arctic circles are entirely exempt. It becomes, therefore, a great desideratum that an easily accessible locality or country be found, in which this malady is observed to be less frequent, and the character of whose climate is better calculated to afford relief, or prolong the existence of phthisical patients. In England, the mortality from this disease is about twenty-five per cent., and in some of the continental countries it is the same. In France, the general average is twenty-three per cent., but in Paris and London the mortality is equal. In Africa, the disease is exceedingly rare, and in some districts, like Alex- 534 CLIMATE AND DISEASES. andria, it is quite unknown, the atmosphere of which city resembles much that of the Channel Islands in the saline impregnation, though of course the mean temperature is higher. This atmospheric feature is of benefit to consumptive patients, and for the same reason that they are recommended to visit the sea coast, an insular watering place offers great advan tages to them. The more equable the range of temperature, and the purer the air, the better suited is such a country for alleviating this disease ; and that hope, which rarely deserts the patient, may find fresh indulgence in the Channel Islands. Moderate cold in winter, and a mild summer, free from those oppressive heats which prevail over large surfaces of country, with the breeze pure from the ocean, every invalid must desire ; and as regards the voyage, which brings him in a few hours from England, it is an additional recommenda tion that the consumptive are very seldom distressed at sea, usually suffering less than other passengers. An atmosphere not overcharged with moisture, and containing salines, principally the muriatic, is far better than either one loaded with watery particles, or one unpleasantly dry. The latter is always attended with inconvenience ; and, being oppressive, tends to increase the difficulty of breathing under which the patient is already labouring, and it must also affect even the most hale. The term " consumption" is applied by the inha bitants of the country parishes to an infinite number of various affections ; it is, in fact, the general cogno men for all long continued diseases. The aggravated forms of dyspepsia are decidedly rated as consumption, and, " qu'ils en sont morts" is the vague answer gene rally received by the inquiring physician as to the hereditary taint of a patient, through fathers and forefathers. This disease is far less frequent than might be in- CLIMATE AND DISEASES. 535 ferred from such statements. And it is well worthy of remark, that though some few families have been thinned by this most fatal of all diseases, their lineal descent is seldom strictly native : and if such families, as have seldom married with strangers, be examined carefully, only solitary instances will be detected among them. Gastric disturbances are the most frequent of all diseases in the island, doubtless arising from the nature of the diet, and from the habit of living among the peasantry. The frequency of rheumatism has been much ex aggerated, and even when the habits of the working classes are examined, it is extraordinary that more is not met with : as acute diseases are rare, so is acute rheumatism ; the chronic form most frequently ap pears in the arms, back, and loins. It is most gene ral among the country people, who, to the casual observer, appear careful of themselves and well clad when abroad ; but the comfort and protection afforded by their homes are far from perfect, and though much neatness, and, above all, great cleanliness are every where seen, their cottages are frequently cold and damp. The hearth is unnecessarily capacious, and usually contains only a few flickering embers of furze, fern, vraic, or wood, giving very transient heat, so that the apartment is not often properly warmed. Moreover, the doors of the cottages are often much too small for the frames, and are otherwise clumsily constructed, as are the windows. It is true that the more modern houses are well built ; but, even then, "on aime et on tient au vieux regime," and the doors are seldom kept closed. Another cause of rheumatism is the injudicious exposure of the pea santry to the cold and damp morning and evening air, in the attention paid to the cattle, which being tethered, require change of position at these times and in all weather. They rarely apply for medical advice 536 CLIMATE AND DISEASES, for rheumatic pains, but solace themselves with the reflection, " que ce n'est rien que le rhumatisme," and wrap the affected parts in red flannel. The severe and distorting forms of chronic rheuma tism are rarely met with. Lumbago, sciatica, &c, and pains occupying these regions, hold a small pro portion, and are much more frequently symptomatic of other diseases than connected with rheumatism. The existence of the scrofulous diathesis is more widely diffused through all communities than is sus pected by their members, but it rarely appears here under the severe forms seen in manufacturing and other districts. The pure air, the great advantage of sea bathing, in which the natives participate during the whole summer, and, above all, the comparatively superior comforts of the poor, are the means of its prevention. The royal touch is proverbial as an in fallible means of cure for the " mal du roi ;" but, as kings do not visit the island, an equally efficient sub stitute is found in the touch of the hand of the dead body of the most ancient matron in the parish, or, what is nearly as rare in the island as a king, the touch of the stiffening hand of an executed criminal. Amongst other diatheses the lithic is observed, but calculus is rare. Gravel is occasional. Gout or arthritis was frequent some thirty years ago, but its fashionable character is lost. Insular tradition has handed down many singular methods of cure for various maladies. Holy wells and sacred fountains still hold their reputation, and have even given name to some affections curable by certain ablutions. In these superstitions a parallel obtains universally^ but the necessary rites and cere monies for the perfect completion of the cure are daily becoming more obsolete. They are, nevertheless, still held in good repute by the less enlightened of the country people, though seldom practised. CHAPTER XI. METEOROLOGY. If the climate of England, compared with that of the continent of Europe, is distinguished by the usual peculiarities of an insular position, we may naturally expect to meet with all the characteristics of an insular climate still more strongly marked in that of this island, where no spot of ground is more than two miles distant from the sea, and where the westerly breezes, fresh from the Atlantic, generally prevail. Accordingly, the Channel Islands have long been celebrated for the mildness of their climate ; and it would seem, from careful observations made during the last few years, that there is perhaps not a spot in Europe on this side the Alps, where the extremes of temperature are less felt than in Guernsey. Here the winters are nearly as mild as in the south of France, while the summers are cooler than in London. And the same causes which thus soften the rigours of winter and temper the summer heat, exercise their moderating influence over the fluctuations of tempe rature that take place, not only during every month, but in the course of each particular day. If, for seve ral months of the year, the days are warmer in London than in this island, on the other hand the nights are, with few exceptions, considerably colder at all times : and though we do not escape those sudden changes of temperature which in spring are so frequent, both in England and in many parts of Europe, they are 538 METEOROLOGY. never with us so excessive in degree, nor so injurious in their effects. It is to be regretted that the meteorological obser vations made in these islands are imperfect, inasmuch as they only notice the daily extremes of temperature, and the state of the winds and the weather, without any recourse to the hygrometer or the rain-gauge. Moreover, want of time has only permitted us to use those for the years 1838 and 1839, a period which, apart from the consideration that it includes two very unfavourable seasons, is much too short to afford of itself a general result by which to determine the nature of the climate. For that purpose, a series of observa tions, extending over ten or even twenty years, would be necessary. The data we possess may, however, serve for the purpose of comparison with the obser vations made in London during the same years, and that, at least, will enable us to form a tolerably correct estimate of the difference between the two climates. For the same general causes which modify the cha racter of the seasons during each year, seem to extend their influence over a great portion of the north-west of Europe ; and between points not farther apart than Guernsey and London, the connexion is so intimate, that, with few exceptions, all the fluctuations of tem perature which take place almost from day to day in our variable climates, are sure to be felt at both places, not indeed always to the same degree, but nearly at the same time. It is also remarkable that these fluctuations, though they differ in each place in point of absolute, often correspond in both in point of relative, intensity. This is so much the case, that the thermometer has attained its monthly extremes here and in London, in many instances, on the same days, and in many more in the course of the same week. A short period of contemporaneous observations is therefore probably sufficient to indicate the relation between the two climates ; and, from our knowledge of METEOROLOGY. 539 the true mean temperature of London, we may form a. probable conjecture of that of the island. The following table presents a comparative view of the mean temperature of the separate months and seasons, as well as of the whole year in both places, calculated from the results of the years 1838 and 1839. MONTHS. Mean temperature of Guernsey. Mean temperature of London. Difference in favour of Guernsey. Difference in favour of London. 39.3541.5844.8745.5651.7159.74 60.93 59.5357.2552.90 48.4543.93 33.6936.5342.21 44.34 53.04 60.02 61.9161.19 57.1351.53 44.65 39.32 5.66 5.05 2.66 1.22 0.12 1.47 3.80 4.61 1.31 0.28 0.98 1.66 July WINTER. Dec, Jan., Feb. .. SPRING. March, April, May. SUMMER. June, July, August. AUTUMN. Sept., Oct., Nov.. 41.62 47.38 60.0752.87 36.51 46.54 61.04 51.10 5.110.84 1.77 0.97 50.48 48.80 1.68 .. The equalizing effects of the neighbourhood of the sea on the distribution of heat in the different por tions of the year in this island, are abundantly mani fest from the above table. It may also be interesting to show how the daily extremes of temperature are moderated in a manner perfectly analogous. In the following table the mean of daily maxima and minima for each month, here and in London, are compared. We have added the highest and lowest temperatures which occurred during each month of the year 1838, the winter of which was the coldest known for many years. These are introduced in order to show the full extent of the benefits we derive from our situa tion, which are of course especially remarkable in extreme cases. January. February. March. April. May. June. July. August. September. October November. December. Whole year Mean of maxima in 43.038.04 4.96 45.0241.41 3.61 49.61 48.07 1.54 50.8050.83 6.03 58.1362.30 4.11 65.9568.26 2.31 68.1865.26 i.60 65.5769.65 3.08 63.21 64.41 1.20 57.1657.30 6.14 51.86 48.86 3.0 47.3342.68 4.65 55.4755.12 0.35 Difference in favour of Do. in favour of London Mean of minima in Difference in favour of 35,7029.35 6.35 38.1531.64 - 6.51 40.1336.36 3.77 40.3337.85 2.48 45.30 43.75 1.55 53.51 51.78 1.73 53.71 54.07 6.36 53.5152.76 0.75 51.4849.85 1.63 48.6345.76 2.87 45.0640.45 4.61 40.5435.98 4.56 45.5042.47 3.03 Do. in favour of London Mean range in Guernsey 7.30 8.69 6.879.77 9.48 11.71 10.3712.98 12.8318.55 12.44 16.48 14.4515.69 12.06 16.89 11.7314.56 8.53 11.54 6.808.41 6.796.70 Extremes of ("Highest temperature J in Guernsey, ] in 1838. l_ Lowest Do.inLondon{How^ 50.22.56. 7. 53. 27. 49. 21. 57.35. 60. 29.5 60.31. 63.27. 69. 40. 78. 34. 75. 45. 76. 43. 75. 49. 79. 48. 72, 49. 77. 45. 69.5 45. 70. 42. 63.39, 63. 33. 58.536.57. 28. 55. 30.55.28. 75. 22.* 79. 7.t Extreme range in Guern- 28: 49. 26.28. 22. 30.5 29. 36. 29. 41. 30.33. 26.31. N 23. 32. 24.528. 24.30. 22.529. 25.27. 53. 72. * This was at the time considered a most unusual degree of cold, such as had not happened for upwards of forty years, and such as was not likely to happen again for perhaps as many more. Yet in December, 1840, the thermometer fell as low as 17°5. t It must be remembered that these observations were made in London itself. In the immediate neighbourhood the cold was still more intense. At Chiswick the thermometer fell to 4°5 or 11£° lower. METEOROLOGY. 541 From the observations here recorded, it appears that throughout the year (the month of July alone excepted) the atmosphere at night, that is, while the sun's influence is withdrawn, is warmer here than in London ; but that its presence has the effect, during nearly six months, of producing a higher degree of heat during some portion of the day in London than here ; although it may still be doubted whether the mean temperature of the hours of daylight may not be more nearly on a par than the difference between the maxima attained by the thermometer in either place would seem to indicate. Another fact worth noticing is, that if the mean daily range be taken as a measure of the sun's influence in heating the atmos phere, then such influence must be at all times more considerable in London than in Guernsey, the differ ence between the temperature by night and that by day being constantly (for December is scarcely an ex ception) greater in London. These results were to be expected from the relative position of both localities. It may, however, appear rather singular that in winter the influence of the sea in raising the tempe rature should be nearly in proportion to the intensity of the cold ; whereas its cooling effects, during the warm season, appear to have no relation of that sort to the heat of the weather, the months of May and August being here much colder in proportion than June and July. This is probably owing to strong and rapidly cooling winds that counteract the heating power of the sun's rays, being less frequent during the height of summer than they are immediately be fore or after ; for the temperature at night, even in May and August, continues higher here than in Lon don, that of the day being alone affected. We have before remarked that the true mean tem perature of this island cannot be positively determined from the few observations hitherto made ; but a pro bable estimate can be obtained in the following man- 542 METEOROLOGY. ner : — The mean temperature of ten years, to 1837 inclusively, in London was 50° 60, or 1° 78 above the mean of the years 1838 and 1839. It would proba bly be too much to add that difference to the mean of the same years in Guernsey, and call the sum our mean temperature, as there is no doubt that the dif ference in favour of this island is greatest in unfavour able seasons, like the two above-mentioned. The mean of those years may, however, be safely conjec tured to have been at least 1° below the true average, which would then be equal to 51° 48. This cannot be far from the truth, though perhaps rather below it than otherwise. The distribution of that increase among the several months of the year is more liable to error. We have, nevertheless, made the attempt in the following table, being guided partly by our own experience of the climate, and partly by the known amount of the deviation, in London, of the tempera ture of each month during the years 1838 to 1839, from the usual average. The mean temperature of Paris has been added for the sake of comparison. MONTHS. Presumed mean for Guernsey. Mean of ten years at Chiswick. Difference in favour of Guernsey. Difference in favour of London. Mean temperature of Paris. 41.2543.4045.3048.81 54.2060.2062.2060.10 75.60 53. 47.50 44.20 36.30 41.2043.5648.7656.48 61.12 64.0262.31 57.5751.8043.63 40.69 4.95 2.20 1.74 0.05 0.03 1.20 3.873.51 2^8 .92 1.82 2.21 •¦ May 42.95 49.44 60.83 52.70 39.4049.60 62.4851.0 3.55 l.*70 o!ie 1.65 38.66 49.2864.5851.44 51.48 56.62 0.86 51.08 Warmest month. . . . 62.20 41.25 64.02 36.30 4,95 2.02 65.3036.14 METEOROLOGY. 543 ft is perhaps to many an unexpected result, that the mean temperature of the whole year in this island, should be higher by four-tenths of a degree than that of Paris, and that we should besides have so consider ably the advantage in autumn, the difference amount ing to. 1° 36. It is, indeed, for its summers alone, that the climate of Paris can claim any decided superiority either over ours or that of London. During that sea son the difference in its favour is certainly great, amounting in the one case, to 2° 10, and to no less than 3° 75 in the other. On the other hand the cold of winter, in the interior of France generally, is well known to be as extreme as the heat of summer. Many plants that live in the open air as far north as Aberdeen cannot endure the intensity of the frost in Paris ; and whenever we leave the immediate vicinity of the coast, we must proceed far to the south before we meet again with mild winters. Even at Bordeaux, that season is colder than it is here, its mean tem perature being 42° 08, and that of the coldest month 41°. And at Montpellier the corresponding mean temperatures, respectively, are 44° 06 and 42° 08, or little more than 1° warmer than the same season in this island. The prevailing winds in this island are, of course, those of the south of England. Their direction and the changes they undergo frequently correspond in point of time here and in London ; but this is by no means always the case. The wind may be for several days at east or north-east in London, while it is south-east here. Sometimes, but more seldom it is north-west in one place and north-east in the other ; and on some rare occasions, the wind blows from opposite points of the compass in each place respectively. Nevertheless, if we add up the number of days in each month, during which it blew from any point westward of north to south inclusively, and again from the east ward of north to south, the sums correspond in 544 METEOROLOGY. both places for months together ; at least this was the case during the year 1838, and it will probably be found constantly so, when the observations of other years are consulted. This presumption is strongly supported by the fact before noticed of the remarkable coincidence, here and in London, of nearly all the fluctuations of temperature ; these being well known to be intimately connected with the changes of wind. It may, therefore, be inferred that the same winds, when considered as to their general direction only, blow almost simultaneously over the British channel and the south of England, at least as far north as Lon don ; and that the minor variations which are observed to differ considerably in separate localities, are the result of local causes that modify in various ways, and more or less extensively, the course of the great atmospherical currents. Lying exposed, as it does, in the midst of the channel, the action of the winds is felt in this island, with little intermission, throughout the year. Calm weather is, indeed, comparatively rare ; while high winds are continually occurring at all seasons, and scarcely a month passes without a gale more or less heavy. Some months, however, are usually more boisterous than others, though without much regu larity, no two years corresponding in this respect, except in the periodical return of very rough weather and rain, about the middle of August, which is suffi ciently constant to have become proverbial. But the most violent storms may be expected a few weeks after the autumnal equinox, and in the months of November, January, and February, at which seasons the wind sometimes blows with the greatest fury. Storms from the S.W. are the most frequent, and are commonly accompanied by thick weather and driz zling rain, which are signs of the continuance of the gale from the same quarter ; but if heavy rain should come on, the wind is almost certain to shift suddenly METEOROLOGY. 545 round to the N.W., and to blow in squalls of excessive violence, accompanied by hail, or torrents of rain. Storms from the S.E. are fortunately not very common, for they are the most of all destructive to the shipping in the pier and roadstead ; before they cease the wind veers round gradually to the S. and S.W., when the gale in general abates. The N.E. wind is seldom stormy, though it often increases to a gale. In Guernsey, as everywhere else in the west of Europe, winds partaking of a westerly direction are comparatively damp and rainy, and easterly ones dry. The longest continued rains are those from the S.W. ; but the heaviest showers come from the N.W. It is never known to freeze with a S.W. wind ; seldom and never severely with a N.W. one. The winds that blow from the points of the compass between N. and S.E. are the coldest during winter ; from Midsummer till October they are, however, fully as warm as those from the west. Of the S.E. wind in particular, it may be said that, in winter, it is apt to bring the heaviest snows and most intense frosts ; in summer, the hot test and most sultry days, and at other seasons the most violent storms and gloomiest weather that we ever experience. The annual depth of rain that falls in this island has never yet been accurately measured, but it is well known to be considerable. From the end of July, 1839, to the close of the year, the rain falling directly from the sky into an open cylindrical barrel, at least thirty inches deep, filled it to overflowing ; and the same result was experienced in the corresponding months of the following year. Now, in England, generally, the rain falling during the last six months is about three-fifths of the whole annual quantity. According to this rule, and without any allowance for leakage and evaporation, there would have fallen in Guernsey, in each of the last two years, fifty inches of rain, which is double the amount usual in London. M M 546 METEOROLOGY. No inferences can be drawn respecting the average number of rainy days and their distribution in the different months, from the observations of the wet and cheerless seasons of 1838 and 1839. In those years little more than one-third the number of days consisted of really fine weather ; while nearly as many were unvisited by a ray of bright sunshine, and those in which it rained more or less, numbered above half the year. But the great drought of the year 1840, which has been noticed at page 313, forms a striking contrast to such rainy seasons. Hail is rare in summer, though it is not unfrequent in spring, as well as late in autumn, and in the be ginning of winter. At those cool seasons of the year it is never seen of any remarkable size. Fogs and fogbanks are often met with in the channel, especially during the prevalence of easterly winds, in spring and the beginning of summer : but they do not in general spread over the island itself, at least not during the day ; for, as they extend to no great height in the atmosphere, the slight elevation of the land is sufficient to bring it within reach of the sun's rays, when the heat it receives being communi cated to the air above it, causes the visible vapours to dissolve away, so that, on foggy mornings, the sky in most cases becomes clear a few hours after sunrise. On the other hand, it is curious to observe for how long a time on the sea, not only extensive fogbanks, but some of a very diminutive size will maintain themselves for hours without any apparent change under the most intense sunshine. Thunder storms are very irregular in their occur rence. They have been known to happen with some frequency, and with considerable violence, during many successive years ; whereas, for the last ten years, they have been exceedingly rare. Hoar frosts are not very frequent, one of the neces sary conditions for their production being a still METEOROLOGY. 547 atmosphere. Now, even in our calmest weather, there generally prevails a slight breath of wind, which has just received an accession of warmth and moisture from the sea, and which, continually displacing the cold stratum of air next the surface of the earth and depositing fresh dew, imparts a constant supply both of sensible and latent heat. Nevertheless, it occa sionally happens that the air is sufficiently calm to allow the cooling of the earth by radiation to proceed to the freezing point. The hoar frost is then pro duced in remarkable abundance, and is on that very account of service in preventing a further lowering of the temperature, the supply of latent heat being in proportion to the quantity of aqueous vapour deposited and congealed. The cause just noticed as having a tendency to check the production of hoar frost, is particularly favourable to the formation of dew. Even during the continuance of dry easterly winds, in spring, it is produced in considerable quantity. It is, of course, most copious in autumn. Its abundance at that season attracted the attention of Quayle, who ob serves, " The autumnal dews are here singularly heavy. Even at noon of a succeeding hot day, the dew drops are not yet exhaled from the grass ; at the north side of the hedge, not during the day ; at ten at night the streets in the town wear the appearance of having received a hasty shower." This is perfectly correct, and indicates a remarkable degree of moisture in the air towards the fall of the year. This, while the weather continues warm, gives the breeze a peculiar softness, which is not felt in an atmosphere of the same temperature at other seasons. m m 2 CHAPTER XII. HORTICULTURE. Horticulture, in its general sense, including the production of the vegetables, fruits, and flowers, usually cultivated in gardens, is carried on to a con siderable extent in this island. The taste for it is pretty generally diffused ; and besides, market garden ing is perhaps the only profitable mode of turning to account the innumerable small tenements into which much of the land is subdivided. There is in conse quence an abundant supply of garden productions throughout the year, and their beauty, goodness, and variety, are a proof not only of the excellence of the climate, but also of no little skill and industry on the part of the growers. Not that gardening has by any means attained to that degree of perfection which the nature of the soil and climate would allow, and which might have been expected from the number of persons engaged in it, whether for the sake of profit or of recreation. But it must be observed that few, if any, have ever practised it exclusively or on a large scale, and that many of the vegetables, and even fruits and flowers, brought to market, are grown by persons who form only a better class of day labourers. These men, by the assiduous employment of their spare time, and of that gained by very early rising, contrive to cultivate, and often carefully too, the little cottage gardens of which they are the owners. From them, or from the numerous farmers within three or HORTICULTURE. 549 four miles from the town, by whom the market is principally supplied, little more can be expected than the common routine of practice which has been found, from experience, generally adapted to the climate. As far as vegetables are concerned, towards which most of their attention is directed, their mode of culture answers remarkably well; on other subjects they have yet much to learn. Gardening, as a science, is totally unknown to the practical gardener, and has only lately been studied by the amateur. The estab lishment of a horticultural society, a few years since, has, however, given a great additional impulse to the already prevailing fondness for the art, and has been followed by a marked improvement in every depart ment of culture, both useful and ornamental. The climate of this island is undoubtedly favourable to the growth of plants in general, and offers pecu liar advantages for the culture of certain species. Compared, however, in its effects on vegetation, with other climates of nearly the same temperature, the advantage is not always found on its side. A greater number of plants, it is true, will live and flourish in the open air in Guernsey, than in almost any other spot in the north of Europe, because several of those which are natives of warm climates, and which are destroyed by the severe frosts of England and France, are found capable of enduring our mild winters. On the other hand, hardy plants, which are indifferent to the degree of cold they are subjected to while in a state of rest, derive no benefit from our temperate seasons. Some of them even prefer climates of an inferior mean temperature, produced by a combination of great extremes of heat and cold, the former being requisite to perfect their growth and the maturation of their fruit. For this reason, Humboldt, in order to obtain a mean estimate of the continuance and strength of vegetation in any climate, omits all consideration of 550 HORTICULTURE. the winter or season of rest, and only takes into account the duration and average heat of the season during which hardy deciduous trees vegetate. The birch tree, which he selects as a criterion, puts forth its first leaves soon after the mean temperature has reached 51° 8. By comparing, therefore, the number of months above that degree, as well as the mean temperature of the whole of the same period in dif ferent climates, he determines their relative powers. Measured by this test, the climate of Guernsey is inferior to that of most places on the continent, under the same or even a somewhat higher latitude. Ac cordingly, we find that here the vine requires the assistance of a wall to ripen its fruit, while the choicest champagne is produced less than half a degree more to the south, and the most famous vine yards of the Rhine are situated from one-half to a full degree to the north of us. Compared in the same manner with that of London, the advantage is rather on the side of the latter. In both places the mean daily temperature rises to 51° 8, about the beginning of May, and continues at or about that point till the end of October, a period comprising half the year. The season of vegetation, for hardy trees, is thus of the same duration, but its temperature is somewhat higher in London. We should, therefore, seek in vain for evidences of the genial nature of our climate, or of the earliness of our springs in the appearance presented by our timber trees in general. They do not come into leaf sooner than in the south of England, and besides enjoying no particular advantage in point of temperature, are constantly liable to serious injury from the gales that occur during the season of their growth. Humboldt's method, however, though excellent when the object is to compare together climates of a continental character, or to ascertain the effect of any climate on the vegetation of plants of a particular HORTICULTURE. 551 constitution, only serves, when applied to our own, to give a very imperfect idea of its capabilities. It is well known that many plants, including most of our vegetable and fruit trees, and numbers of garden flowers, vegetate at far lower temperatures. It has been found that, in all places whose mean tempera ture is below 62° 6, the revival of nature in spring takes place in that month of which the mean tempe rature reaches 42° 8 or 46° 4. Assuming 45°, or about the degree required for the horse chesnut to vegetate, as that which characterises the beginning of spring in these climates, that season would commence here a month earlier than in London. The same temperature is also continued a fortnight later in autumn. At that degree, we have thus an advantage of six weeks on the whole year ; and at lower tempe ratures the difference is still greater. It is of full two months at 42° 5, and of three as regards the period of the year during which the thermometer remains con stantly above the freezing point. If to this be added the usual mildness of the cold season and the general absence of hoar frosts, late in spring and early in autumn, enough will have been said to show the supe riority of the climate for a variety of horticultural purposes, over that of most places in the same, and of many in more southern latitudes. The principal drawback to these numerous advan tages is found in the high winds to which the island is subject, and which render good shelter essential to the perfect and vigorous growth of most plants. The cold dry easterly gales, when they occur, as they do in some years, in March or April, after genial weather of some duration, are excessively injurious to tender excitable plants in which vegetation has just begun ; and though these winds seldom actually produce frost at that season, yet in exposed situations they have been known to destroy some of the delicate shrubs which the winter had spared. Plants that do not 552 HORTICULTURE. vegetate early escape all injury from easterly winds, which are seldom violent except in winter and spring, and they grow perfectly well in situations open to that quarter ; but they suffer severely if exposed to the south-westerly gales that occasionally blow in summer and autumn. Every tree that raises its top above the surrounding shelter soon loses its sym metry, and in the form of its head slanting away from the south-west, sufficiently indicates the power and direction of the prevailing wind. As a sequel to these observations of a general nature, it may be interesting to notice, in a cursory manner, a few of the useful and ornamental plants commonly found in our gardens. Peaches, apricots, and other stone fruits, succeed perfectly against south, east, or west walls, whenever they have proper shelter. They are of excellent qua lity, and are brought to market in tolerable abundance. Apples and pears having need of less protection from the wind, and being most of them very fruitful as standards, are in general cultivation, and good col lections of both exist in private gardens. Only a few of the late-keeping pears require a wall ; and some sorts which in England, even when so planted, seldom bear well, such as the crassanne and the gansell's bergamot, are here found as standards, capable of producing fine crops of small but excellent fruit, more highly flavoured than that from walls. Many of the best late varieties of apples are brought to market, and some good early pears ; but of the latter fruit scarcely any late sorts are grown for sale, except the well known chaumontel, of which several trees are inva riably found in every garden. There must certainly be something in the soil or climate of the Channel Islands peculiarly suited to this pear, for it seems to attain its highest perfection nowhere else, — the French gardeners themselves acknowledging that their own specimens cannot be compared with ours, either for HORTICULTURE. 553 size or flavour. Indeed it is rated in France below many other sorts, while here it is in general a deli cious fruit ; when in perfection, esteemed equal to any, and by many superior to every other variety ; per haps because it prefers our more equable temperature, and the greater moisture of our atmosphere in autumn. This pear is grown and exported in considerable quantities. The large sized fruit being usually des tined for presents, is sold at a high price ; from £3 to £4 a hundred being readily obtained for pears that weigh from nine to twelve ounces, and £5, or even £6, for those of twelve to eighteen ounces.* The smaller ones of five to eight ounces, which form by far the largest portion of the crop, are sold by the bushel comparatively cheap, though not at all inferior to the rest in quality. Nearly ten thousand good sized pears, and two hundred and twenty bushels of small fruit, were exported in the year 1840. Trained in espalier, or as a dwarf standard, the tree can be made to bear large and excellent fruit ; but the largest and best flavoured pears are grown against walls, a few occasionally attaining the weight of twenty ounces or more, — and one of extraordinary size was exhibited some years back, weighing twenty-eight ounces (thirty and a half ounces Avoirdupois). Those of twelve to fifteen ounces are considered very fine. The fig is much esteemed, and the tree universally planted. Its growth is healthy and vigorous, and it yields plentiful crops, without any culture or care whatever beyond that required to keep the birds from the sweet and luscious fruit, of which they are exces sively fond. The purple variety is preferred to every other yet tried, and in the month of September it is brought to market in large quantities, selling as low as three or four pence per dozen. The tree is seldom planted against walls, from which it seems to derive little advantage ; the fruit, when it ripens, not re- * Guernsey weight, which is almost ten per cent, heavier than Avoirdupois weight. 554 HORTICULTURE. quiring heat so much as a free circulation of air, to abstract as rapidly as possible the juices with which it is surcharged in the last stage of its growth. The fig can never be too ripe, and is in perfection when allowed to shrivel slightly on the tree ; but those brought to market are seldom in that state, as it renders them much more liable to injury from car riage or handling. The vine, when properly managed, easily ripens its fruit against a wall, and quantities of grapes were formerly grown for market in that manner. The plant is still found covering the walls and roofs of many of the older cottages and farm houses ; but its culture out of doors is now altogether neglected, because, owing to the cheapness of glass, numerous greenhouses have lately been built with a view to profit, some of them even by persons little above the class of cottagers. The management of the vine under glass is generally good ; the crops are fine and of superior quality. Many hundred pounds of hot house and greenhouse grapes are annually sent to London, the supply being much more than sufficient to meet the demand at home. Walnut and chesnut trees grow well, especially the latter, but the produce is seldom so abundant or so fine as it is in France, and neither of them are now cultivated for the sake of selling the fruit, on account of the large supply of both that comes to the island from Brittany. The mulberry tree is found in many gardens, and plenty of fine and well ripened fruit of this kind may be purchased in its season. Strawberries, raspberries, and other small fruits, are excellent in this island, and are brought to market in large quantities. It is remarkable that the best of all strawberries, the Carolina or old pine, which in En gland is seldom grown for sale, as it does not, in most localities, bear so well as many other kinds, should here, on the contrary, have been found superior to HORTICULTURE. 555 every other in fruitfulness, as it is also in flavour. This variety is consequently the only one cultivated for market, where, in the height of the season, it is brought in such profusion as to cost sometimes only 2d. or l^d. per pound. It is frequently planted in orchards, and bears fine late fruit, even under the shade of the apple trees. Other sorts have been tried, and are still sometimes grown for private use, but only for the sake of variety or of obtaining earlier and later crops. Melons are cultivated principally in gentlemen's gardens, and under frames, though some sorts will ripen well merely with the aid of hand glasses, and are occasionally grown in that manner ; but the former method is usually preferred, both for the sake of obtaining earlier fruit and of cultivating the more delicate varieties. Cucumbers are seldom forced for sale. They are raised in the open air, and consumed in great num bers by the country people, or sold in the market. The mildness of the climate is highly favourable to the culture and growth of culinary vegetables in ge neral, which are produced without forcing very early in the season, and are in most cases of superior size and quality. Even after the severest winters, fine broc coli are cut in the beginning of January, and in warm springs well grown new potatoes are occasionally seen in the market a week or more before the end of April. Floriculture is rather a favourite pursuit among all ranks. The gardens of the gentry are of no great ex tent, but they are often well stocked with beautiful and valuable plants ; and there are few cottagers who do not consider a little flower plot almost indispensable in front of their dwellings. It is, indeed, in this department of gardening that the many advantages of our climate are fully displayed. Several of even the hardy flowers require less care with us than they do in England ; and a variety of tender ones are grown in the 556 HORTICULTURE. open air, which would hardly endure the same exposure in the warmest spots of Devonshire and Cornwall. In this island, when the temperature falls to 6° below the freezing point, the season is considered unusually severe ; consequently, many of the Cape heath and hardier geraniums, as well as a number of shrubs and plants, natives of Australia, of the central parts of America, and other warm climates, easily survive our ordinary winters in sheltered situations, sometimes without any injury whatever. The Bath scarlet geranium, for instance, has for years together been seen clothing cottage walls, to the height of ten or twelve feet, with its dazzling blossoms. The cobsea scandens, maurandia barclayana, and other creepers of a similar nature are found still more hardy, and spring up naturally from seed, at the foot of the walls against which they are planted. Fuchsias grow with surprising luxuriance, the stronger sorts soon becoming shrubs of most inconvenient size, unless trained to a single stem like standard roses. Shrubby calceolarias last many years ; even the tender helio- tropium peruvianum continues to produce its fragrant flowers till late in November, and though cut down by a slight frost, will often spring up again from the root in the following spring. It is true that the extraordinary winters of 1837-8 and 1840-1, proved fatal to many of the most inter esting exotics which had for years been the pride of our gardens. The geraniums and Cape heaths, and most of the Australian shrubs, either died to the ground or were completely destroyed. During the last winter, the myrtle itself, and the coronilla, were in many gardens severely injured ; perhaps in some instances killed. The beautiful clianthus puniceus, which had generally survived in 1838, perished this year in every garden. What, however, fortunately renders it probable that seasons like that we have just experienced only happen in these islands after HORTICULTURE. 557 long intervals, is the fact that every plant was de stroyed of a species of leptospermum, which had long been quite common in our shrubberies as a hardy evergreen, and of which some specimens must have previously withstood the frosts of nearly fifty winters. For the culture of roots and bulbs we enjoy re markable advantages. The periods of frosty weather are, even in the worst seasons, of such short duration, that the ground seldom freezes more than an inch or two in depth, and a slight covering of snow is suffi cient to keep away the frost altogether ; so that the situation of such plants below the surface of the soil insures, in almost every case, a complete protection from the cold. But it is especially in the culture of those kinds whose period of rest is the summer sea son, and which vegetate principally during the cool" and rainy months of the year, that our climate claims a superiority almost unequalled north of the Mediter ranean. As hardy plants, in their torpid state, are indifferent to the cold of winter, so these, finding our summer sufficiently warm and dry to induce that state of perfect rest essential to their health, are indifferent as to any deficiency in its temperature, compared with that of the same season in other countries ; while the mildness and moisture of our autumn and winter, and the earliness of our springs, are admirably adapted to perfect their growth, and ensure a rich display of bloom. Among the most interesting flowers belonging to the class of winter growing plants are the innu merable species of ixia, sparaxis, and other cognate genera of Cape bulbs. The greater part of those hitherto introduced appear to thrive in nearly the same perfection and beauty as in their native soil ; all of them perfecting their seeds, and some propagating in this manner almost like weeds. Many fine sorts are frequent in cottage gardens, where, though treated with no particular care, they emulate the commonest flowers in health and luxuriance. 558 HORTICULTURE. The same or analogous habits are common to many of the amaryllis tribe ; and though these are in gene ral more tender in their foliage than the plants just noticed, those among them which are sufficiently hardy derive a similar benefit from our climate. Of these, the belladona and the Guernsey lily have long been in common cultivation, and other species have more recently been tried with great success. The former is perfectly hardy, and blossoms with certainty every year, often producing seeds. The Guernsey lily is far more tender, a slight frost being sufficient to in jure the foliage ; an event which is generally fatal to the bloom. It is of great consequence to the forma tion of the flower bud that the foliage, which is pro duced in autumn, should continue in a healthy growing state during the whole rainy season, until it is checked and finally dried up by the hot weather in May and June. The plant then remains dormant till the month of September, when the flowers begin to appear. It is only after particularly mild winters that they are produced in remarkable abundance, the average num ber of flowering plants having been estimated at fifteen to eighteen in a hundred, and for some years past it has not exceeded half that quantity. Very little care is bestowed on the beds of Guernsey lilies ; they are never manured, but merely weeded, and some times slightly covered with sand ; the warmest spots in the gardens are never allotted to them, and they are usually found under apple trees, or in other par tially shaded situations, not the most favourable to the growth of other plants. We shall conclude by observing, that in the culture of plants under glass no little assistance is also derived from the nature of our climate. The deficiency of heat in summer is never felt in greenhouses, where the difficulty at that season is rather to preserve suffi cient coolness by day ; whereas the mildness of the six colder months, and the superiority of our tern- HORTICULTURE. 559 perature by night, nearly throughout the year, are of the utmost consequence, the necessity being thereby generally obviated of using artificial methods to ex clude the cold. Formerly, glass structures for plants were seldom provided with any kind of heating appa ratus ; yet, in them, not only geraniums, but other species more tender still, some of which, in England, are always kept in stoves or hothouses, have long- been cultivated in great perfection ; and it is only since the disastrous experience of the late extraordi nary winters that such precautions are beginning to be thought essential. The foregoing observations, however superficial, may yet suffice to show how much additional beauty and interest might be created by a more extensive application of science and art to the purposes of gar dening in this island, — especially as there is some reason to believe, from the experiments hitherto made on a limited scale, that under the influence either of the climate or the soil, plants of all descriptions, when raised from seed, are disposed to produce readily new varieties of increased beauty or value ; and many of the Guernsey productions of this nature are beginning to be well appreciated by English gardeners. Already among fruits some superior apples and pears, and among flowers some splendid camellias and gera niums, and numberless beautiful sorts of the carnation, yellow picottee, and calceolaria, have amply repaid the labour and care bestowed on such attempts by our horticulturists. The ixia, too, and the sparaxis, have lately been observed to hybridise and vary from seed in a remarkable manner, many curious and elegant new kinds being now annually raised. In short, the acquisitions of this character are already so numerous and valuable, as to prove highly encouraging to those who take a pleasure in the fascinating pursuit after excellence and novelty. 560 TABLE OF BEARINGS AND DISTANCES. A TABLE Showing the true bearings and distances, by chart and in nautic miles, from and to the undermentioned places, as taken in a direct line to the nearest point of each ; also the computed distances, in statute miles, from chief harbour to harbour. Guernsey is situated in the English Channel, near the coasts of Brittany and Normandy, in 49° 33' N. latitude, and 2° 40' W. longitude, from the meridian of Greenwich. It is about 30 miles in circumference, including the windings of the coast, 9 miles in length, and 6 miles in breadth. The nearest part of England to Guern sey is the Start Point, distant 57 nautic miles, and of France Cape Flamanville, distant 24 nautic miles. •BEARINGS PLACES BEARINGS PLACES FROM £d S-1 TO GUERNSEY. TO 172 GUERNSEY. FROM N.E. by E. Dover. 180 210 S.W. by W. Dover. N.E. i E. Brighton. 125 145 S.W. | W. Brighton. N.E. J N. Portsmouth. 96 114 S.W. $ S. Portsmouth. N.N.E. | E. Southampton. 97 115 S.S.W. | W. Southampton. N.N.E. | E. Needles. 82 95 S.S.W. | W. Needles. N.N.E. Poole. 75 87 S.S.W. Poole. N. |E. Weymouth. 64 75 S. |W. Weymouth. N. |E. Portland Isle. 59 70 S. |W. Portland Isle. N. by W. Lyme. 73 85 S. by E. Lyme. N.N.W. Exmouth. 75 87 S.S.E. Exmouth. N.W. by N. Brixham. 67 79 S.E. by S. Brixham. N.W. i W. Plymouth. 78 92 S.E. £ E. Plymouth. W.N.W. Falmouth. 101 120 E.S.E. Falmouth. W.N.W. £W. Land's End. 122 140 E.S.E. i E. Land's End. N.E. Alderney. 15f 21 S.W. Alderney. N.E. by N. Caskets. 15 20 S.W. by S. Caskets. E. by N. Herm. 2* 31 W. by S. Herm. E. f S. Sark. 6i 81 W. |N. Sark. S.E. i E. Jersey. 15 30 N.W. | W. Jersey. E. Havre de Grace. 122 140 W. HSvre de Grace. E. by N. i E. Cherbourg. 36 42 W. by'S. i S. Cherbourg. E.N.E. Cape la Hague. 26 30 W.S.W. Cape la Hague. E. by N. | N. Dielette. 25 29 W. by S. | S. Dielette. E. by N. Cape Flamanville 24 28 W. by S. Cape Flamanville E.S.E. Carteret. 32 37 W.N.W. Carteret. S.E. | E. Granville. 53 62 N.W. | W. Granville. S.E. by S. Cancalle. 63 74 N.W. by N. Cancalle. S.S.E. St. Malo. 52 61 N.N.W. St. Malo. S.W. i S. Morlaix. 59 70 N.E. £ N. Morlaix. W.S.W. £ S. Ushant. 114 133 E.N.E. | N. Ushant. APPENDIX. APPENDIX. An anxious wish to render this work as complete as possible up to the time of its publication, has induced us to include, in this appendix, those official docu ments to which we have had access since it was ori ginally prepared for the press, and also to introduce some few brief paragraphs which had escaped our first researches. INVASION OF THE CHANNEL ISLANDS. During the early part of the reign of Edward the Third, the French, though bound by treaty towards England, covertly afforded assistance to the Scotch ; and Philip, king of France, aided David Bruce, the exiled king of Scotland, with a well appointed fleet, in which David himself embarked, and with which he inflicted much evil upon the Channel Islands, and upon the Hampshire coast, about the year 1336.* In 1341, the attention of Edward was called to the outrages and havoc committed upon the English coasts and elsewhere by the French and Genoese, and by pirates, the character of England suffering by the impunity with which its coasts were insulted. Bahuchet, the French admiral, was hung by Edward, in 1340, on account of the enormities which he, " to say no more," had permitted at Southampton ; and, in 1342, a fleet of galleys attacked and burnt Portsmouth, so that for some years the Channel Islands continued exposed to constant invasions, and their insecurity at that period may be easily conceived. LA DESCENTE DES SARAGOUSAIS. In the disputed succession to the dukedom of Brittany, (see p. 28,) a fleet of forty-six sail, few or none of burden, was collected at Southampton, in 1343, to convey succours to the adherents of the Earl of Montfort, in that province. Charles de Blois, aware of this armament, stationed Luis De Espana, a Spaniard, in his service, with two and thirty large vessels, having on board 1,000 men at arms, and 3,000 Genoese cross bowmen, off the island of Guernsey, to intercept it. The English were long on the passage, because of contrary winds, but upon approaching Guernsey, they descried the enemy, when the seamen pronounced * Southey's Lives of the British Admirals ; Rymer's Foedera, vol. ii. pars ii., pp. 953, 969 } and Rotuli Scotise, vol. i. p. 455, under the following head : — " Rex Edwardus mandat quod homines eligantur, armentur, et in insulas Gernereye, Jereseye, &c, mittantur, ad eas defendendumabinvasionesociorumScotiae"(IO Ed. III. A.D. 1336). Davidll., son of Robert Bruce, returned to Scotland firom France, after an absence of nine years, and assumed the government, Baliol having been expelled by the nobles. N N 2 564 APPENDIX. them to be Genoese and Spaniards, and called upon the soldiers to arm quickly. The Genoese, in that age, were as celebrated for the use of the cross bow as the English were for the long, and the Genoese and Spanish seamen were alike remark able for their skill and daring courage, in which qualities they were held by the English to be superior to either the French or Scotch mariners. The battle began towards evening, and raged fiercely ; but as the night was dark and dismal, the combatants separated and cast anchor, " remaining in their harness," and think ing to renew the fight on the following morning. But about midnight there arose such a storm, " as though all the world should have ended, the elements contend ing with as great animosity as lately the two fleets had joined." Tbe English weighed their anchors, and "bearing but quarter sail," got safely into a little harbour not far from the city of Vannes, so that the wind was evidently north-east, while the Genoese and Spaniards reached Rochelle, after losing two of their ships with all on board. The attack, known by tradition as ' la descente des Saragou- sais,' (see p. 33,) has been usually assigned to the invasion of Guernsey, by Yvon De Galles, in or about the year 1372 ; but, as he was in the service of France, we now incline to think that this " descente " was that of Luis de Espana, in 1343, it being most improbable that he would have remained for any time at sea in the neighbourhood of the island, when, with such an imposing force, he could anchor his vessels quietly at Grand Havre, or in the roadstead, and effect a landing. Moreover, the circumstance of the two fleets casting anchor, is a proof that they must have fought very near the shore. For a detailed account of this naval fight, near Guernsey, see Southey's Lives of the British Admirals, vol. 1, p. 278. CHARLES THE SECOND. When Guernsey was captured by the French, about the year 1338, (see p. 23,) several persons of note, residing in the parish of St. Martin, among whom are mentioned John De La Marche, Peter De Sausmarez, James Guille, John of Blanchelande, Peter Bonamy, and Thomas De Vauriouf, are said to have conspired, to the number of 87 men, to expel the enemy, whom they fought at the Hubits. Being defeated, they embarked at a place called " La Petite Porte," and took refuge at Jersey, in the parish of St. Ouen, where their descendants were ever noted for their unshaken loyalty, on account of which, Charles II. is said to have shown them marks of his royal favour, during his residence in that island. There is an ancient family record at the seigneurie of St. Ouen, which states that the king, whilst on a visit to the De Carterets, offered a baronetcy to Paul Guille, a descendant of the above-named James Guille, on account of services rendered to himself or his royal ancestors, and that upon his refusing this title as inconsistent with his limited fortune, his estate (" La Ville-au-Neveu ") was freed from the payment of tithe in perpetuity, which immunity the estate has enjoyed down to the present time. It is surprising that Falle, in his History of Jersey, does not enter more into details relating to King Charles' sojourn in that island, which at that period could easily have been obtained, and could not have failed in exciting interest. Many curious incidents could then have been gathered from various sources, which at the present time are not available, as we understand that some most interesting docu ments, including several autograph letters, were destroyed by the late seigneur de VinchelezTde-Haut, John De Carteret, of St. Ouen. This parish the king often visited, and occasionally resided in, though his head-quarters were always at Mont Orgueil, which is situated at the other extremity of the island. The families which he is known to have frequented while paying these visits, were those of De Carteret, of St. Ouen's manor, and De Carteret, of Vinchelez, a branch of the former family, to whose keeping he committed a gold stick and gold spur, to be produced and used whenever any member of the royal family should come to the island ; and also John Le Cerf, Paul Guille, and Elias Dumaresq. He left a brace of holsters, a horsecloth, a pair of gloves, and a table cover, at the house of Mr. Dumaresq. The last of that name, who held those relics, was an old lady who died in the summer of 1840. APPENDIX. 565 DUKES OF NORMANDY. OUKES. SURNAMBD. YEAR OF ACCESSION. 1, Rollo (a chieftain from Norway) 912 2. William I Longsword 926 3. Richard I Sans Peur 943 4. Richard II The Good 996 5. Richard III 1026 6. Robert I.* The Magnificent, or the devil 1028 7. Williamf The Conqueror 1035 8. Robert II Courte-Heuse 1087 9. Henry I.f 1106 Inter-regnum J 1135 10. Henry II. f 1151 11. Richardf Coeur de Lion 1189 12. Johnf 1199 The whole of the duchy of Normandy, excepting the Channel Islands, was wrested in 1204 from John, by Philip, king of France, and annexed to that kingdom. FIEF LE COMTE.— (See p. 8.) We have been misled by an old manuscript in stating that the seal of the Fief Le Comte, is a count on horseback. The seal, which has the appearance of great antiquity, represents a knight in armour, on foot, drawing a sword ; his head is surrounded by a glory, and above his shoulders are the letters JJ.ffi. ¦" was probably intended to represent St. George, as it is near the ruined chapel of that name that the court of the fief is held. On a scroll surrounding the figure, is the following legend :— gigtU**** CUrte CODttt. The second word we have not been able to decipher. The only other feudal court entitled to a seal, is the court of the fief St. Michel. The seal represents the archangel vanquishing the devil, with the legend 3lanel. &• senescfjal. Du. 'Falle. ITINERANT JUSTICES.— (See p. 16.) In the " Placita de duo Warranto, Temp. Ed. I., II., III.," will be found the reports of causes tried in Guernsey and Jersey by English justices, in the reign of Edward the Second. They contain some curious matter, but are much too long for insertion or analysis here. FOOT NOTES.— (See p. 31.) These notes are taken from Bree's sketch of this kingdom (England), during the fourteenth century, printed 1791. If the author did not mistake Gerneseye (it is misprinted infra Guemeseye) for Gerseye, as Jersey was often anciently spelt, it settles the disputed point as to whether Guernsey was captured about 1338, and held for three years by the French, because, had the island been in their pos session in 1339, no order to repair the castle, &c, could have been issued to the governor of the isles, Sir Thomas De Ferrars. SORCERY, WITCHCRAFT, & TORTURE.— (See p. 88 & foot note p. 449.) The remarks of the Rev. T. Le Marchant do the more credit to his discrimina tion and humanity, because, at about the period of their being written, the celebrated Sir Matthew Hale — while presiding as lord chief baron at the trial of two unhappy women, who were indicted at the assizes at Bury St. Edmunds, in the year 1665, for the crime of witchcraft — is reported to have told the jury " that he made no doubt at all that there were such creatures as witches," and the women were found guilty and executed. The conduct of Hale, on this occasion, has very justly been the subject of much sarcastic animadversion, although not to * Robert the First visited Guernsey in the year 1032. (See p. 318.) t Kings of England. t During the usurpation of the crown of England by Stephen, count of Boulogne, nephew of Henry the First, and grandson of William the Conqueror. 566 APPENDIX. profess a belief in sorcery and withcraft, was in those days considered as irreligious. Mr. Le Marchant was a conscientious, as well as a humane and sensible man, and we hold his memory in high estimation.* " This excellent man, (Mr. Le Marchant,) after taking his degrees at Cam bridge, passed some years at the academy at Caen, where he enjoyed the friendship of the learned Bochart and Huet. They corresponded with him on his return to Guernsey, and many of their letters were preserved until a fire at the Grandes Mai- sons." — Memoirs of the late Major- General Le Marchant, by Denis Le Marchant, esq. London, 1841. MAJOR-GENERAL LAMBERT.— (See p. 110.) John Lambert, major-general in the parliament army in the reign of Charles I. He distinguished himself at the battles of Naseby and Fife, and assisted Cromwell in his advancement to the protectorate, but opposed his taking the title of king. For this Cromwell deprived him of his commission, but, from prudential motives, granted him a pension of £2,000 a year. Being now divested of all employment, he withdrew to Wimbleton-house in a situation of mind but ill-calculated to enjoy the tranquillity of domestic retirement, for, on the death of the protector, he joined Fleetwood, Desborough, and others, in restoring the members of the long parlia ment, who had been dismissed, and for this was appointed one of the council of state, and colonel of a regiment of horse. The parliament, however, growing jealous of his influence in the army, directed him to resign his commission ; this he absolutely refused, and, marching up to London, dislodged the parliament by force in October, 1659. He was then appointed major-general of the army, and sent to command the forces in the north ; but General Monk having defeated him, and restored the parliament, he was deserted by his army, submitted, and was com mitted prisoner to the tower. At the restoration he was tried and condemned, hut was pardoned, and died in exile at Guernsey. — Granger. SIR JOHN JEREMIE.— (See foot note p. 115.) Subsequently to the printing of the fir,st part of this history, Mr. Jeremie was appointed captain-general and governor -in-chief of Sierra Leone ; and knighted by Queen Victoria at Windsor, November 5, 1840. BRAYE DU VALLE.T-(See p. 177.) Amounts paid by government to the undermentioned persons, for their respec tive proportions of land recovered by government, in the Braye du Valle, and at Rousse, on the 25th January, 1806. The Braye du Valle, while yet liable to be covered by the sea at high water, was nevertheless private property. When government undertook its recovery by means of the two embankments now exist ing, one at St. Sampson's harbour and the other near the Vale church, the whole of the land had first to be purchased from various individuals, whose names, and the sums they respectively received, are specified below : — Eleazar Le Marchant l-5th ^300 0 0 Harry Dobree, in right of Josias Le Marchant l-5th 300 0 0 John M. Doyle, in right of Charles Le Marchant l lntv,.f i«h/150 ° ° Thomas De Sausmarez, in right of Daniel Hardy J '-">ln \ ¦ 1"om\ 150 0 0 William Le Marchant -| r r 100 0 0 Sir .Tames Saumarez U-15th. \ l-5th4 100 0 0 William Le Marchant J [ 1^100 0 0 John Saumarez, guardian to the children of Is. Dobree I-l5th r100 0 0 Thomas De Sausmarez, for John Le Mesurier, esq.,l-45th1 ( 33 6 8 Sir James Saumarez ¦. 1.45th W-15th. < 33 6 8 Judith Dobree l-45th J (. 33 a 8 Harry Dobree, in right of Thomas Dobree 1 -30th .. J 50 0 0 Daniel Dobree l-150th . l-5th^ xo 0 0 N. Peter Dobree l-isoth 10 0 0 Harry Dobree, for the heirs of A. F. Dobree 1150th 10 0 0 Harry Dobree, for Thomas G. Dobree l-150th 10 0 0 HarryDohrte 1.150th ^ 10 0 0 Paid26th January, 1806 ^1500 0 0 * On this subject, the reader may consult a tract on the " Illegality and Expediency of Religious Prosecution," by the author of this work.— Published by Hunt and Clarke, London, 1825. APPENDIX. 567 Messrs. Hardy and Le Mesurier, for their salt pans, purchased 13th Sept., 1805. . jtfi750 0 0 QUANTITY OF LAND RECOVERED. Vergees. Perches. Hardy and Le Mesurier's salt pans 56 25 Their portion in the Braye 23 15 Vergees. Perches. 80 0 In the Braye, formerly belonging to the above individuals 610 6 At Rousse 42 0 Vergees 732 6 DEPORTATION OF CRIMINALS AND PAUPERS FROM GUERNSEY. (See pp. 211-219.) TO THE MOST NOBLE THE MARQUESS OF NORMANBY. The ansvier of the royal court of Guernsey, to the memorial of the mayor, aldermen, and burgesses of Southampton. My Lord, — The mayor, aldermen, and burgesses of Southampton, complain of the serious inconvenience to which they are subject, from the number of paupers and offenders ejected from the islands of Jersey and Guernsey, and landed at the port of Southampton. The royal court of Guernsey, beg to observe on the part of that island, that there might be cause of complaint if these paupers and offenders were natives of Guernsey, which they are not. No Guernsey pauper has ever been sent, as such, to England, and from no place are fewer natives banished for crime ; of these few, the whole may be said, with hardly a solitary exception, to go to Jersey or to sea. Your lordship will be pleased to bear in mind, that the paupers and offenders complained of are not natives of Guernsey, neither born there nor fallen from the clouds ; they are in fact English or Irish, come from England, and a source of greater expense and inconvenience to Guernsey than to Southampton. There can be no doubt that these vagrants annoy Southampton, annoy other ports in England, and annoy Guernsey. We put it respectfully to your lordship, — which has most right to complain, — England, whence they originally come, or Guernsey, whence they are sent back ? Guernsey is the place injured ; it is, therefore, most strange that a complaint should be made from England, where the evil originates, and be directed against Guernsey, which is so much aggrieved. The mayor, aldermen, and burgesses complain that the landing of the convicts and vagrants at Southampton occasions the expense of maintaining a larger police than would otherwise be required, and of increasing the amount to be paid under the head of casual relief to the poor. There is a complaint precisely similar from Guernsey. The influx of vagrants is so increased, owing to the facilities of com munication, that the police of the town, which used to be superintended by two constables and four assistant-constables, now requires the superintendence of two constables and fourteen assistant-constables. And yet, with all their care to enforce the law which subjects masters of ships to take back, at their cost, the vagrants they may have landed here, if they become chargeable within a certain time, large sums are annually levied on the rate-payers for the maintenance and passage of English paupers. Besides which, the town hospital, an admirable -institution, is burthened with many having no legal right there, so that, out of two hundred and sixty-one inmates, one hundred and nine are strangers, or born of strangers, almost all of whom are English, Scotch, and Irish ; whereas, in all England, it would be difficult to find a single Guernsey pauper. The mayor, aldermen, and burgesses state, "that Guernsey has no criminal law." If this were true, in a community like ours, the most orderly perhaps of any having trade and navigation to the same extent, it would be a strong argument for the abrogation of all criminal law. But these gentlemen are in error ; Terrien's Commentaries on the Norman Law, by royal authority, have force of law in this island, and the twelfth book treats exclusively "of crimes and criminal prosecutions." Death is the punishment of some of these crimes, and it may, after sentence of the royal court, be inflicted without appeal. These gentlemen say, " that instead of inflicting exemplary and adequate pu- 568 APPENDIX. nishment on delinquents of the most abandoned class, they are transported to Southampton, and to other ports." So sweeping an assertion is well calculated to mislead her majesty's government. But your lordship need not be assured that our leniency is not by any means carried to that extent, though it may be far in advance of the ideas of the mayor, aldermen, and burgesses of Southampton. Their charge is so general, that it would not be easy to meet it satisfactorily, did they not cite the case of David Brook, as a case in point to substantiate it, and request your lordship to attend particularly to the said case. We, therefore, equally pray your lordship's attention to it, so that your lordship may judge whether it war rants their accusation. David Brook came from Southampton, to this island, in November, 1838. Shortly after his arrival, complaints were made that he went begging from house to house, and enforced his demands of rehef by threatening gestures. A constable attempted to arrest him : he menaced the constable with an open knife, escaped, secreted himself, and returned to England. In December, 1839, David Brook arrived a second time from Southampton, was recognized, and brought before the court. His former violence and obstruction of the constable were in themselves deserving of punishment. But David Brook was deaf and dumb, — more than a twelvemonth had elapsed since his offence, — and the court, sitting in its correc tional police capacity, is not accustomed to enter into the merits of police cases of more than a year's standing, and, treating him as a vagrant, ordered him back to his own country, in default of giving bail of his future good conduct. The chief complaint is the landing of culprits and paupers at Southampton. But have not the greatest pains been taken to render it the central port for pas sengers to and from England ? To attract" them to that focus, every facility of conveyance is afforded by sea and land. The good and bad will, of course, be drawn to that place, and, on the whole, Southampton is benefited beyond any port. For the authorities of that town to repine at inconveniences which are natural consequences of its prosperity, is unreasonable. To be the means of pouring out numbers of paupers into other countries, and think of shutting out their return, is not only unreasonable, but unjust. It is impossible to prevent English paupers from landing in an English port : when arrived at Southampton, they will be passed to their respective parishes : if any belong to Guernsey, let them be sent here — there are daily opportunities of doing so. The island has no wish to palm a single pauper of its own on England ; but circumscribed as it is, the island has neither the wish, nor the means, to maintain, and become the receptacle of, the numberless paupers issuing from England. In the name of the royal court of Guernsey, I have the honour to be, my Lord, &c, Daniel De Lisle Brock, baihff of Guernsey. Court-house, Guernsey, 1th July, 1840. SOUTH PIER COMMENCED.— (See p. 223.) " The south pier was begun in 1570 ; the order in council is dated 3d October, 1580. Item, No. 15. ' That whereas there hath been heretofore a certain petty custom given by her majesty, to be levied on strangers' goods, to the inhabitants of the isle, towards making of a certain peer or chaussee before the town of St. Peter's-Port, which was begun ten years agone.' Copied from original manu scripts in the possession of J. Hubert, esq." — Annals of some of the British Norman isles, constituting the bailiwick of Guernsey, by John Jacob, esq. Paris, 1830. PRINTING PRESSES.— (See p. 264.) _ We have mentioned that, as late as the year 1775, there were no printing presses in the island. In the Harleian MSS. there is a letter from Mr. Walsingham to the Lord Burleigh, dated at Vernon, in France, 25th May, 1571, in which he ' desires that a Book of Common Prayer, translated into French, (of which he has seen some printed in Guernesey,) may be sent to him to show to monsieur." We APPENDIX. 569 suspect that Walsingham was in error as to the place of printing. Among the few documents relative to Guernsey, in the Harleian MSS., are the following : — " Litterse Patentes R. Edward III. super Confirmations Libertatum ac Privilegiorum quae et quas Antecessores sui concesserunt Hominibus Insularum de Jeresey, Gernerye, Serke, et Aureneye. Teste, &c, 10 die Juhj, anno Regni 15. "Litterse Patentes R. HenriciVIII. de Confli'matione Libertatum ac Privilegiorum Insula. norum de Guernesey, Serke, et Aueney. Teste, &c, 5 die Martij, anno Regni I. " In ijs recitantur Cartas Regum Henrici VII. et Edwardi IV. ut aiunt, per Inspeximus." " Order of the Privy-Council inhibiting the Courts of Westminster, especially the Chaun eery and Courts of Requests to award any processe against the Inhabitants of the Isles of Jersey & Guernesey. 21 June, 1565." " Letter of the lords commissioners to Sir William Coventry, to hinder the sending of prizes to Guernesey and Jersey, where imbezlements and other abuses have been committed upon shipps brought in thither by commanders of his majesties frigats, particularly Captaine Knevitt, of the Richmond. A.D. 1666." SHARES OF THE BANK OF THE UNITED STATES.— (See p. 272.) These shares, early in May, 1841, were quoted in London as only worth £i 10s. each, so that the loss to the island on fully 6,000 shares, whose original cost averaged nearly ,£25 per share, is at present above £120,000. We mention this ruinous and cruel depreciation in the hope that it may serve hereafter is a warning lesson in the investment of insular capital abroad, especially as so much of it has also been lost in the Spanish, Portuguese, and Spanish American public securities. The withering effects of these continued losses have of late become but too perceptible, especially among the many families of the higher classes relying on extraneous incomes for support. ECCLESIASTICAL HISTORY. In the foot note at p. 317, it is stated by Lecanu, that the church attached to the convent of Cordeliers is that now used as the parochial church of the town. This is incorrect, for the church of the Cordeliers stood opposite the entrance of the " Cimetiere des Freres," on the ground now occupied by stables, and seems to have been used for a few years as the school room of Elizabeth college and dwelling-place of the master. — See report of the committee appointed in 1823 to investigate the state of the endowed schools of the island. — Jacob's Annals, p. 351. In the list of churches and chapels at p. 322, St. Clair, in the parish of St. Sampson, St. Malliere or Magloire, in the Clos du Valle, and St. Brioc, at St. Peter's, are omitted. All three have long since disappeared. The chapel of Notre Dame de la Perrelle, at St. Saviour's, is mentioned in old documents. Whether this was the same as St. Apolline, which is situated near the bay of La Perrelle, we have not been able to ascertain. From the report of the commissioners sent hither in the reign of James I., there appears to have been, prior to the reformation, a chapel in the Vingtaine de l'Epine, serving as a chapel of ease to the inhabitants of that part of the Vale, who were often prevented from attending their parish church by the overflowing of the sea, at the Braye. The revenues were seized by the crown, in the reign of Queen Elizabeth, and the building suffered to go to decay. There was also a chapel in the " Cimetiere des Soeurs," at the bottom of Comet- street, commonly called Le Belfroi, and in old documents, La Chapelle du Sepulcre. It was used for many years as a prison and guard-house, and was at last brought down to make room for graves. By trusting too implicitly to Lecanu's " Histoire des Eveques de Coutances," the author has been misled at p. 323, and has confounded Bellouse with Alderney. Bellouse is the ancient name of the parish of St. Martin, called in the Precepte d'Assize, St. Martin dela Bellouse, and in the pleas of " Quo Warranto," held in this island in the reign of Edward II. , Sanctus Martinus de Bellosa (see p. 402). An estate near the church is still called La Beilleuse. The presentation to the living was vested in the abbot of Blanchelande, who possessed great part of the lands in the parish, now known as the " Fief Blanchelande." The patronage is 570 APPENDIX. now in the hands of the crown. The late greflier, Mr. George Lefebvre, is the present proprietor of this fief, and, as such, answers at the chief pleas, when the abbot of Blanchelande is cited. He holds his court as lord of the manor. Alderney, the church of which is dedicated to St. Anne, appears, in the reign of Henry III., to have belonged, one half to the king, and the other half to the chapter of Coutances. — See Berry's History of Guernsey, p. 289. The old chapel at Sark was dedicated to St. Mary^ Page 330. On referring to the records at the " greffe," we find that, in the act of the royal court condemning these women to be burnt, in which is recited the act of the ecclesiastical court, by which they were delivered over to the civil powers, as well as in the act which records the execution of the sentence, no crime whatever is imputed to them but heresy. The abbey of Lessey, at p. 332, should perhaps properly be the abbey of St. Leufroy. About the year 1768, of the eight rectors in the ten parishes of Guernsey, one was an Englishman, Dean Crespin, of French extraction, six were Frenchmen, and one was a Swiss, so little inducement had the natives to accept church preferment in the island at that period. A Guernseyman, the Rev. Joshua Le Marchant,* fellow of Pembroke college, Oxford, was soon after appointed rector of St. Peter- Port. At present the eight rectors are natives of Guernsey. SUNDAY DRILLING OF THE MILITIA.— (See p. 360.) It was the natural consequence of his public character that those who were in any difficulty, especially if it was connected with religion, applied at once to him as the redresser of their wrongs. The Sunday drilling, which had just been introduced into the Channel Islands, was most offensive to the religious principles of the Wesleyan methodists, and their refusal to conform to the appointment of the local government subjected them, in many instances, to fine and imprisonment. They appealed to Mr. Wilberforce, and, whilst still at Broomfield, he had seen Mr. Dundas upon the subject, and procured the promise of his interference in their cause. He now heard from Dr. Coke, that not only were these oppressive measures still maintained, but that, on the 18th of October (1798), at the states meeting of the isle of Jersey, it was determined to proceed to banishment against those who refused to perform this military duty. To appeal against this bill he moved hastily to London, and having reached Broomfield on the 10th of November, " went on the 13th to town on the methodist business," but found that " neither Pitt nor Dundas were come." Within a few days he convinced Mr. Dundas of the injustice of such a needless violation of the rights of conscience, and after some delay succeeded in getting ' ' the Jersey methodists' cause decided in their favour — banishment bill assent refused." — Life of Wilberforce. ANTIQUITIES. CROMLECHS AT THE VALE.— (See pp. 374 and 377.) The first, and largest, stands on the waste upon an eminence near I'Ancresse, and is composed of five cumbent stones, decreasing in size from about twenty-five to ten tons in weight, covering an area twenty-nine feet long, and nearly twelve feet wide at the western end, which is semi-circular, narrowing to an entrance at the east, of about eight feet. The drift of sand had so completely covered this monument of antiquity, that its discovery, in 1812, was the effect of accident : it has been, as yet, but imperfectly explored. The remains of two or three antique earthen vessels, and a quantity of human and other bones (some of them bearing evident marks of fire), were dug up, — a sufficient proof of its having been sepul- * An anecdote, in connection with the visit of Wesley to the island, may be worth record ing. — Wesley waited on Mr. Le Marchant, as rector of the town parish, and was courteously received. Another rector, not a native, who happened to be present, and who felt probably not very kindly disposed towards the visitor, said somewhat abruptly, as Wesley was approaching, "Who is this fellow ? " " Fellow of Lincoln " (the college at Oxford, in which Wesley had actually held a fellowship,) was the rector's ready reply. To this instance of good natured tact Wesley was fond of alluding. APPENDIX. 571 chral, if not devoted to the inhuman purpose of druidical sacrifice. The other* is situate to the north-west of, and distant about three quarters of a mile from Vale castle, in a direction towards the former, and seems likewise to have been composed of five cumbent stones, four of which have sunk into the earth and sand, only one large granitelle stone being conspicuous, fifteen feet seven inches long, about eight in breadth, and three feet in average thickness j weighing, it is supposed, about fifty-four tons, and supported upon seven other upright stones ; but whether the earth beneath was ever explored, I know not. — Berry. " La fontaine des Fees," mentioned at p. 376, is described by very old people, who remember to have seen it in their youth, as having been situated in a kind of cave, formed by large blocks of stone, with an entrance at each end. The water was never known to fail even in the driest weather. Near it stood a crom lech, called " Le Gibet des Fees," where, it is said, the last of the fairies destroyed themselves. This cromlech is said to have consisted of three large upright stones supporting a fourth, a form which is very common in Cornwall and elsewhere, but of which we have no example remaining in this island. The stone pulpit, mentioned at p. 379, and there called " La Chaire du Pretre," is also known by the name of " La Chaire de St. Bonix." MILITIA OF GUERNSEY.— (See p. 413.) Our manuscript gives a curious statement of the militia force of the island, when mustered on the 27th August, 1621. The town furnished three hundred and twelve men ; St. Peter-in-the-Wood, one hundred and twenty ; Torteval, forty- five ; St. Andrew's, sixty-three ; St. Martin's, one hundred and thirty-six ; the Forest, sixty ; St. Sampson's, fifty-seven ; the Catel, one hundred and twenty ; the Vale, one hundred and fourteen ; St. Saviour's, one hundred and thirty. In all, eleven hundred and fifty-seven fighting men. — Guernsey and Jersey Magazine, vol. 1. p. 51. The following is a summary of the general return of the male population of the island of Guernsey, from the age of sixteen and upwards, and their distri bution in the several departments of the royal militia force of the island, on the 1st January, 1841 : — GUERNSEY. ALDERNEY. SARK. ( 3< 4-> atusa GO 1— 1 d '¦3CM 6 ¦¦3CO 6 .a 13 O M< I G 1"ar— 1 3 o Eh Effectives of all ranks . . 248 550 601 379 326 2104 51 92 98 241 Recruits under 30 years 56 231 137 66 39 529 Battery men, including men with legal causes of exemption , and those above 45 and under 60 202 745 463 316 261 1987 Invalids, men above 60 . 62 195 187 134 134 712 Strangers, civilians .... 22 108 88 20 2 240 Half-pay and pensioners 85 45 5 40 3 178 51 92 98 241 675 1876 1510 955 765 5781 John Goille, inspector of militia. * The view from the top of this cromlech, which is situate a short distance north of Havre de Bordeaux, is one of the most beautiful in this island. We recommend to all stran- gers to visit both these cromlechs, commonly known as Druids' altars. 572 APPENDIX. ORDINANCES OF THE ROYAL COURT AND CHIEF PLEAS.— (See p. 451.) The following additional citations will complete our notice on this subject. 1529, Oct. 4. — No person allowed to keep more than one dog, under a penalty of twenty livres. 1534, Oct. 5. — The price of candles affixed at twenty deniers per pound ; not to be exceeded under a penalty of eighteen sous. 1553. — The price of oil affixed at two gros the pot, not to be exceeded under a penalty of three livres. 1576, Jan. 21. — Masons' wages not to exceed five etelins per day (a fraction above two pence per day). 1577. — Parties affianced shall not live together before mar riage has been solemnized in the church, under a penalty of three livres. 1602, Oct. 4. — Seeing the incontinence which is daily committed by many young men, who, before marriage, get their betrothed with child, to the great dishonour of the glory of God, scandal of the church, and infamy of the parties, it is ordered by justice, that any young men so offending shall be constituted prisoners at Castle Cornet, " en basse fosse," for fifteen days, on bread and water. 1643, Aug. 9. — Considering the extreme necessity we stand in for means of defence against the invasion of our enemies, strict prohibition is given this day to all the inhabitants in no way to leave the island on the penalty of having their goods seized and applied to the public use in the manner the authorities may deem fit, excepting the dealers in stockings, who are in the habit of going to Paris for the conducting of their business in this place, such dealers having the liberty of leaving, but no others. 1676. — No douzenier to be chosen in the town unless he has previously served as constable. 1685, May 4. — Riding on Sunday, from parish to parish, prohibited, and the horses of those riding out of their parish to be seized by the constables. The oldest document existing in the " greffe " is dated 20th January, 1527, it being supposed that the records previous to that period were taken to Coutances, Berry says that most of the ancient records were destroyed when the greffier's office was burnt, about one hundred and fifty years ago, but on inquiry there appears to be no foundation for this statement. If we could have obtained the ordinances of a century or two earlier than those we have cited, they would doubtless have afforded data of a most curious and singular character. ORMERS.— (See p. 522.) An eye witness of the ormer fishing, on the 9th March, 1841, it being a very low spring tide, computed that, in the bay of La Perrelle, there were at least two hun dred persons, who, in three hours, caught, each, on an average, one hundred, making 20,000 ormers in one bay alone : some men had from three hundred to four hundred and fifty ormers each. The export to Jersey, in the spring, is very great. POPULATION OF GUERNSEY IN 1727. " 13 Fev., 1727. — Habitants trouves se monter en nombre a 10,500, dont la ville en faisait 4,500 — de sorte qu'allouant un denerel de grain lasemaine achacun pour sa subsistence, il nous faut annuellement 21,000 quartiers de bled." — Extracted from the greffe. On the 3d May, 1841, the number of houses in Guernsey was ascertained, preparatory to the taking of the decennial census, and the following table exhibits the returns in each parish in 1831 and 1841 :— 1831. 1841. St. Sampson 190 254 Vale 238 275 St. Mary de Castro 298 338 St. Saviour 212 209 St. Peter-in-the-Wood 234 240 Torteval 78 73 Forest 120 123 St. Martin 284 319 St. Andrew 177 185 1,831 2,016 St. Peter-Port 1,810 2,212 Total 3,641 4,228 APPENDIX. 573 BAILIFFS FROM THE REIGN OF EDWARD I.* 1284.— -Gaultier De La Salle. 1298.— Rodolph De Grand. 1304. — Peter Le Marchant. 1325.— Peter De Garis (doubtful). 1330.— Gaultier De La Hogue. 1351. — John De La Lande. 1359. — John Le Marchant. 1384.— John Nicolle. 1393.— Gervais De Clermont. 1409. — Edmund De Chesneye. 1412. — James Coquerell. 1439.— Thomas De La Cour. 1446. — John Henry (doubtful). 1450.— William Quertier. 1470. — Peter De Beauvior. 1481. — Nicholas Fachion. 1482.— John Blondel. 1499.— John Martin. 1511. — James Guille. 1538. — Thomas Compton. 1545. — John Harrivel. 1549. — Hilary Gosselin. 1572. — William De Beauvoir. 1 585. — Thomas Wigmore. 1596.— Lewis De Vic. 1600. — Amias De Carteret. 1631.— John De Quetteville. 1644. — Peter De Beauvoir. 1661. — Amias Andros. 1674.- — Sir Edmund Andros, kt. 1714.— John De Sausmarez. 1728. — Joshua Le Marchant. 1752. — Eleazar Le Marchant. 1758. — Samuel Bonamy. 1771.— William Le Marchant. 1800.— Robert Porret Le Marchant. 1810.— Sir Peter De Havilland, kt. 1821. — Daniel De Lisle Brock. JURATS. The oldest list in existence of these magistrates reaches only to the year 1527, when the twelve jurats were as follows : — Year of election. Nicholas Fachion James Le Fey vre Nicholas De Rozel Henry De Beauvoir Nicholas De La Cour James Blondel James De Havilland Thomas De Vic Nicholas Carey *. . Peter Martin Thomas Henry John Le Messurier John Effart 1535 Nicholas Carey 1535 Nicholas Blondel 1536 John Martin 1539 John Blondel 1539 Nicholas De Lisle 1539 John Le Marchant 1540 John Le Feyvre 1542 Peter Henry 1547 Peter Bonamy 1548 Nicholas De La Cour 1550 Nicholas De Garis 1550 Leonard Blondel 1551 Nicholas Martin, son of John .... 1553 John De La Marche 1553 James Perin 1556 Richard De Vic 1557 Thomas Effart 1558 James Guille 1560 John Blondel, son of Callas 156] Year of election. William De Beauvoir 1565 Nicholas De Sausmarez Thomas Le Marchant Nicholas Le Messurier Nicholas Martin ; Nicholas Pajeot Leonard Le Messurier Nicholas Gosselin Nicholas Carey, jun 1569 John Jones Nicholas Trohardy 1571 John De La Cour 1573 Henry De Beauvoir 1574 William De Beauvoir 1578 Thomas Blondel 1580 E. Le Feyvre Henry 1581 Thomas Le Marchant John Andros 1582 John De Sausmarez 1582 Peter De Beauvoir 1584 Callas Lihou 1585. James Le Feyvre Peter Carey 1588 Le Marchant 1591 John Effart. i 1592 Nicholas Martin, son of Nicholas . 1593 Francis Allez Nicholas Martin, son of Peter Henry De Beauvoir George Guille 1597 Leonard Blondel * Warburton and Berry differ in their lists of the ancient bailiffs, as do two MSS. which we have consulted. The above Ust is as correct as it can now be made. 574 APPENDIX. Year of election. Nicholas Le Feyvre 1598 Peter Brehaut Hilary Le Pelley Nicholas Carey, son of Nicholas . . 1603 James De Beauvoir Thomas De Beauvoir 1606 Thomas De Lisle 1607 Thomas Andros 1609 Eleazar Le Marchant 1610 John Bonamy 1612 Thomas Le Marchant 1614 John Fautrart John De Quetteville 1616 John Blondel, son of Leonard .... 1617 James Guille 1 621 John Gosselin 1622 John Blondel, son of Thomas Peter De Beauvoir 1627 Peter Gosselin Josias Le Marchant Peter De Beauvoir 1630 Thomas De Beauvoir 1631 Thomas Carey 1632 Peter Gibault De Sausmarez 1633 John Brehaut 1637 John Carey John Fautrart 1646 Joshua Gosselin John Le Pelley Peter Brehaut 1648 Peter Carey John Bonamy James Le Marchant 1649 James De Havilland 1651 John De Quetteville 1653 Andrew Monamy John Le Messurier James Guille, (St. George) Philip Boudain Wilham De Beauvoir 1658 John Brehaut, Torteval 1661 Charles Andros Peter De Lisle John De Sausmarez Daniel De Beauvoir Ehsha De Sausmarez James Carey John Blondel, (St. Saviour) James De Beauvoir 1669 John Bonamy 1671 William Le Marchant William Andros 1673 Isaac Carey Thomas De Lisle 1674 John Martin 1677 George Andros 1679 Thomas De Beauvoir Year of election. John Andros 1684 Wm. Le Marchant, son of James. 1685 Eleazar Le Marchant, son of Ths. 1687 Nicholas Le Huray 1691 Peter Carey 1694 John Renouf 1696 Amias Andros 1701 Peter Martin 1702 Hilary Bonamy 1703 Thomas Fiott 1704 Peter Priaulx Charles Andros James Carey John Andros Daniel De Beauvoir 1709 Nicholas Thoume 1711 Joshua Le Marchant 1716 John Guille, (St. George) 1717 Eleazar Le Marchant 1719 Peter Carey 1719 Samuel Bonamy 1721 Peter Carey, son of John 1725 Thomas Le Marchant 1 726 John De Havilland 1729 James De Beauvoir John De Garis 1728 William Le Marchant 1735 Lawrence Fiott 1742 Daniel De Lisle Samuel Bonamy 1744 John Andros 1746 John Ozanne 1752 John Guille, (St. George) 1752 John De La Mare 1753 William Le Marchant 1 754 Charles Andros 1 758 Thomas De Lisle Thomas Dobrfe Richard De Beauvoir 1 764 Lawrence Carey 1765 Joshua Le Marchant Nicholas Dobree Thomas Le Marchant Nicholas Reserson 1770 Peter De Jersey Elisha Tupper 1771 John Carey 1772 John Carey 1777 Thomas Dobree 1777 James Hubert 1777 Peter Falla 1777 John Guille 1777 Eleazar Le Marchant 1778 Charles Mauger. . 1779 Robert Porret Le Marchant 1784 Peter De Havilland 1785 John Tupper 1798 Carteret Priaulx 1798 APPENDIX. 575 Year of election. Daniel De Lisle Brock 1798 Peter De Jersey 1799 John La Serre 1800 Josias Le Marchant 1802 Henry Frederick Brock 1802 Peter Le Pelley 1802 John De Lisle 1804 John Guille, St. George 1810 James Carey 1810 John Le Messurier 1810 Hilary Carri* 1812 Year of election. Peter Le Pelley* ] 820 John Hubert 1821 John Le Marchant 1822 Peter Le Cocq , 1822 Sir William Collings, kt 1823 Hilary O. Carre 1829 Frederick Mansell 1830 Peter B. Dobree 1831 Thomas W. Gosselin 1832 Thomas Le Retilley 1835 Harry Dobree, jun 1836 CHANGES IN THE LAWS OF INHERITANCE. By an order in council, dated July 13, 1840, and registered on the 3d August, 1840, several important changes in the laws of succession and inheritance, were effected. These were, in substance, as follows : — 1. — The right of the sons to the vingtihne, or twentieth part of the estate, to be abolished. 2. — Sons and daughters inheriting real property to take, the sons two-thirds, and the daughters one-third ; provided a son have no more than double the portion of a daughter, nor a daughter more than the portion of a son. 3. — The eldest son to have one-seventh of the furniture, also family portraits, and plate or other objects given by publio bodies to his father or ancestors. 4. — The youngest daughter to make the lots, when only daughters share, — the choice afterwards to be according to seniority. 5. — The pre'ciput of the eldest son not to extend beyond a single enclosure. 6. — When the enclosure from which the pre'ciput is taken does not contain one- third of the land to be divided, the eldest son may take land to the extent of the said third in another part of the estate, on paying the value thereof to his co-heirs. 7. — ~Ho preciput to be taken from the estate of a surviving father or mother, if one has already been taken from that of the first deceased parent, unless, in taking such pre'ciput, the eldest son had it valued by the douzaine of the parish, and brings back the value thereof ; in which case he may take the second pre'ciput. 8. — The barriers of the town, within which all houses and land are shared among the children, according to article 2, made to comprise all properties within a line, commencing at Long Store, and passing through the Amballes, Cotils, Vauxlorens, Hospital-street, by old college pump, St. James'-street, Grange-road, upper part of Vauvert-road, Petites Fontaines lane, Mount-durant pump, Charotterie pond, Park-lane steps, down Vardes-road, and Havelet-road, to the sea. 9. — Properties within the barriers, to be valued by the douzaine, and each separate property to be successively offered, at the price of the valuation, first to the sons, and afterwards to the daughters, according to seniority. 10. — Married daughters may, on bringing back the capital they have received, share in the successions of their father or mother ; but they may also retain such capital, and waive their right to share. 11. — In collateral successions to propres, or inherited real property, neither males nor their descendants shall exclude females or their descendants. 12. — In collateral successions to personal property, and acquits, or purchased real property, the next of kin to the deceased, in parity of degree, both males and females, shall share the property in the same proportions as property of this nature, whether personal or reed, would be shared in the direct line ; and representation of degree shall be allowed when nephews and nieces come to the succession of an uncle or aunt, with the brothers and sisters of the deceased, but not otherwise. 13. — Parents shall inherit personal property, and purchased real property, from the last of their descendants. 14. — Persons having no descendants may dispose by will, or by deed of gift, to * Seigneur of Sark, drowned 1st March, 1839, while crossing from Sark to Guernsey. 576 APPENDIX. take effect at their death, the whole of their purchased real property, and also their inherited real property, if there are no relatives in the second degree belonging to the line whence that property has been derived. 15. — Wills of real property to be distinct from those of personal property. 16. — Wills of real property to be signed by the testator in presence of two jurats of the royal court,— or before the bailiff and two jurats, in the case of a wife whose husband is living. 17. — Wills of real property may be deposited at the greffe-office, on payment of 2s. 6d. to the greffier. Testator may put them under a sealed envelope, and can, at any time, without payment, re-take possession of them. 18. — Any person, after proof of the death of an individual, may ascertain at the greffe if any will has been deposited there, — fee, 2s. The will, once opened, may be read by any individual on the payment of Is. fee to the greffier. 19. — Wills of real property shall be registered at the greffe. 20. — After registration, any person may obtain copy of a will ; but the original must always remain at the greffe. 21 to 26 refer to the manner in which real property bequeathed is to be taken possession of, — and the duties incumbent on the legatees. 27. — The right of redemption is abolished with regard to all real property disposed of by judicial public auctions. 28. — A married woman to have no hypothecation for her dower on any part of the estate of her husband's ancestor, except by special judicial contract. 29. — Mothers, in the same manner as fathers, shall not give, by will, more to one child than to another. Parents may order the portion of their property coining to their married daughters, to be placed in trust during the husband's life. 30. — Articles J, 2, and 8 not to apply to families where the eldest child has obtained the age of fourteen years, when the present law is promulgated. Article 7 not to apply to eldest sons, aged fourteen years, at the said period. MARRIAGE AND REGISTRATION ORDINANCE. Another important law, passed in 1840, was an ordinance extending to the island the provisions of the English marriage and registration acts. It was ob tained only after much persevering and united effort on the part of the various bodies of dissenters, the Wesleyans, who stood aloof, alone excepted. The mea sure, as a whole, was thrice rejected by the states, — but repeated appeals to her majesty's government, who recommended, if not commanded, the passing of the ordinance, at length had the effect of inducing the states to adopt the whole mea sure, with the single exception of a clause involving the principle, that the civil ruler had no right to regard marriage otherwise than as a social institution, and therefore allowing marriages to be performed before the registrar without a religious service. This clause a majority of the states, composed of several of the jurats, the whole of the clergy, and the douzeniers of the town, and of three or four other parishes, voted against ; whilst the bailiff, one or two jurats, the procu reur, and one or two douzaines, voted for it. For it, however, more than for any other, the dissenters strenuously contended, — alleging that their re cognition of authority in the civil ruler to exact the performance of a rehgious ceremony in order to the possession of a purely civil, not to say absolutely natural right, would be an abandonment of their fundamental principle — an acknowledg ment that civil rulers could exercise authority in matters of conscience and religion. They, therefore, made a last appeal to her majesty in council ; and the states having signified their intention to remain passive, and having even entreated government itself to pass the measure into a law, an order in council, dated the 3d October, 1840, was issued, embodying all the articles prayed for by the dis senters, not excepting that which allowed marriages at the registrar's office. By this law, marriages may be performed in licensed chapels, in presence of the registrar, — or at the registrar's office, without any religious service. By this law, also, all births are to be registered within thirty days from the date thereof, at the registrar's office, under a penalty not exceeding 20s., — an improvement on the English bill, which does not make this registration compulsory. All deaths must be reported to the registrar within eight days under a similar penalty. APPENDIX. 577 EXTRACTS RELATING TO GUERNSEY. (From the "Foedera Conventiones Litterse, et Cnjuscunque Generis Acta Publica, inter Reges Angliie et alios quosvis, Imperatores, Reges, Pontiflces, Principes, vel Communi- tates; ab Ingressu Gulielmi I. in Angliam, A.D 1066, ad nostra usque tempora habita aut tractata. Londini, 1816, six volumes folio.)" De au.vilio in insulis Gernesy §• Jersey leoando, ad sustendand' milites qui prmdictas insulas ab extruneis defendent. A.D. 1203. Rex, &c, ballivis Petri de Pratel' de insulis de Gersse & An. S^Johan. Gernet>i &c. Pat. 5 Jon. n. 17. Volumus & firmiter prsecipimus, quod episcopi, abbates, in Turr. Lond. abbatissse, clerici, milites, vavasores & alii qui redditus & tene- menta habent in insulis Gersse & Gerner' quintam partem red- dituum suorum unius anni, sive feodorum sive elemosinarum, prsebent, ad sustentand' milites & servientes qui prredictas insulas defendent ab extraneis. Et ideo vobis mandamus quod hsec ita fieri faciatis. Teste meipso, apud Alenc', xiij. die Augusti. Breve Regis inquisitione facienda super consuetudinibus Sf serviciis hominum insularum de Geresia §r de Gerneria. A.D. 1248. Henricus, Dei gratis., Rex Anglise, dominus Hibemise, dux An. 32 Hen. III. Normannise, Aquitanise, & comes Andegaviae, dilecto & fideli Bibl. Harl. su0 Drogoni de Barantine, eustodi insularum de Geresia & de Lib. 1617. foi. 1. Gerneria, salutem. Quia, sicut satis didicimus, inquisitio quam alias a vobis fieri fecimus, de consuetudinibus & serviciis quae homines earumdem insularum facere consueverunt temporibus prsedecessorum nostrorum, Regum Anglise, minus est sufficiens, vobis mandamus quod per tot quotexpedire videritis, & tales qui melius sciant & velint dicere veritatem, iteratam inde distincte & exquisite faciatis inqui- sitionem ; simul quas & cujusmodi leges dominus Johannes Rex, pater noster, instituit in insulis prsedictis ; & inquisitionem illam sub sigiUo vestro, & sigillis eorum per quos facta fuerit, nobis mittatis, & hoc breve. Teste meipso, apud Merleberge, undecimo die Septembris, anno regni nostri tricesimo secundo. Littera prioris monasterii Montis Sancti Miehaelis, in periculo mains, supplicatoria super injuriis, eidem illatis per ballivum Regis in insulis de Gernesoy #¦ Jersoy. A.D. 1274. Excellentissimo domino Edvardo, Dei gratia, illustri Regi An. 2 Edw. 1. Anglise, frater Radulphus, humilis prior monasterii montis Lib. B. foi. 285 a. Sancti Miehaelis in periculo maris, ejusdemque loci conventus, in Thesaur Cur. sui devoti fideles, & assidui pariter oratores, salutem & subjec- Recept. Scacc. tionem, cum omni promtitudine ad obsequia prseparati. Ad vestri excellentiam, nobis nostroque monasterio semper piam & favorabilem, necessitatis tempore recurrimus desolati, tamquam ad clipeum nostrum tutissimum, alibi refugium non habentes, ut indigentise nostrse, nostrique monasterii medelam dignemini adhibere. Hinc est quod, cum parum aut nihil habeamus, nisi quad a vobis & antecesso- ribus vestris caritativfe nobis fuerit datum & concessum ; & quia, super hujusmodi donationibus & concessionibus, in quibusdam juribus nostris, in absentia vestrS diutunut, per Helnandum Johannis de Contino, ballivum vestrum in insulis Gernesoy & Gersoy, oppresi fuerimus & graviti, prout vobis lator prsesentium declarabit, quem ob hoc ad vos mittimus conquerentes : Dominationem vestram piissimam exoramus humiliter & devote in Domino Jesu Christo, quatenus, amore Dei & beatissimi Miehaelis Archangeli, vobis placeat dictum ballivum, seu ejus allocates & consillarios, super prsedictis molestiis, gravaminib*ds, oppressionibus & injuriis, ab eodem nobis illatis, refrsenare, & nos in dictis libertatibus & concessionibus in Domino caritativfe fovere ; ita quod vestri gratis, prout hactenus consuevimus, inde valeamus liberfe & quiete perfrui, &, per vestri excellentiam, pietate plenam, quiete Deo familari. Valeat dominatio vestra regia bene & diu in Domino per tempora longiora. Dat' anno Domini MCCLXXIV. die Luna? post Resurrectionem Domini. 0 O 578 APPENDIX. Pro hominibus insularum Gerneseye, Jerseye, Serk', & Aureneye. A.D. 1309- Rex venerabili in Christo patri R. eadem gratia, episcopo An. 2 Edw. H. Constancies, salutem. Claus. 2 Edw. II. Cum habitatores insularum nostrarum Gernesie, Jereseye, m. 7. d. Serk', & Aureneye in foro ecclesiastico in causum trahi non in Turr. Lond. debeant, nee hactenus trahi consueverint, super aliquibus quorum cognicio ad nos pertinent ; vobis mandamus firmiter inhibentes, ne quemquam de insulis predictis, ad comparendum coram vobis, seu commissariis vestris quibuscumque super hujusmodi citetis, seu citari faciatis ; nos enim parati simus & erimus omnibus & singulis conqueri se volentibus, super premissis in curia, nostra plenam & celerem justiciam exhibere ; & si quid per vos, seu commissarios vestros in hac parte minus rite fuerit attemptatum, id faciatis sine dilacione aliqua revocari ; ne ad vos, tanquam ad regise dignitatis nostre im- pugnatorem, graviter capiamus. Dat apud Langel', iii. die Aprilis. Ne quis, homines de insulis Gernesie, Jerseye, Serk1, fy Aureneye. citari faciat, ad comparen dum coram episcopo Constant super causa cujus cognitio ad Regem pertinet. A.D. 1309. Rex dilecto & fideli suo Ottoni de Grandisono, custoni insu- An. 2 Edw. II. iarum Gerneseye, Gereseie, Serk', & Aureneye, vel ejus locum Claus. 2. Edw. II. tenenti, salutem. m. 5. d. Cum, sicut intelleximus, quidam homines insularum illarum, in Turr. Lond. qUas tenet is ad terminum vitas vestrse, ex concessione domini E. quondam Regis Anglise patris nostri, & quse post decessum ves- trum ad nos & heredes nostros reverti debent, non habentes consideracionem ad jus nostrum regium in hac parte, tam ministros vestros quam alios homines partium earumdem ad comparendum coram episcopo Constanc', & aliis judicibus ecclesiasticis extra easdem insulas, super hereditatibus, feodis & suis feodalibus responsur', quorum cognicio infra easdem insulas ad nos mere spectat, maliciose citari faciunt, in nostri prejudicium & exheredacionem manifestam : Nos, hujusmodi maliciam sustinere non volentes, vobis mandamus, quod in plenis civiis in insulis prsedictis, & aliis locis ubi expedire videritis, ex parte nostra firmiter inhiberi faciatis, ne quis, sub forisfacturS terrarum & tenemen- torum suorum, necnon & omnium, que nobis forisfacere poterit, citare faciat, seu citari procuret, aliquem ministrum insularum illarum, seu aliquem alium de eisdem insulis ad comparendum coram prsefato episcopo, seu alio judice ecclesiastico super hereditatibus, feodis, seu feodalibus, aut super aliquibus aliis, quorum cognicio ad nos pertinet responsur.' T. R. apud Westm', xv. die Maii. De fidelitate abbatissm Sanctas Trinitatis de Cadomo. A.D. 1327. Rex, dilecto & fideli suo, Ottono de Grandisono, custodi An. i. Edw. III. insularum de Gerneseye, Jereseye, Serk, & Aureneye, vel ejus Claus. i. Edw. III. locum tenenti, salutem. p. 2. m. 17. Sciatis quod cepimus fidelitatem, dilectae nobis in Christo, in Turr. Lond. Nicholse, abbatissse Sanctse Trinitatis de Cadomo, in Normau- nia, de terris & tenementis, quse de nobis tenet in insulis prse dictis, & quse, occasione mortis ultimse abbatissse loci prsedicti, capta sunt in manum nostram, & ilia ei reddidimus. Et ideo vobis mandamus, quod eidem abbatissse, vel ejus procuratori, seu attornato in hSc parte, terras & tenementa prsedicta, cum pertinentiis, liberetis, salvo jure cujuslibet. Teste Rege, apud Eborum, tertio die Junii. De terris religiosorum, secumdum pacem cum Francid reformatam, in insulis de Gernereye, Jereseye, Serk & Aureneye, liberandis. A.D. 1328. Rex, dilecto & fideli suo Ottoni de Grandisono, custodi insu- 2 Edw. III. iarum suarum de Gernereye & Jereseye, Serk & Aureneye, vel Claus. 2 Edw. III. eJus locum tenenti in eisdem insulis, salutem. m. 37. Ciim super dissensionibus & discordiis, inter dominum E. in Turr. Lond. nuper Regem Anglise, patrem nostrum, & Regem Francise, APPENDIX. 579 nuper exortis, inter ipsum Regem, & nos pax & concordia jam existant, Deo propitio, reformatse. Vobis mandamus quod terras & tenementareligiosorum, ac aliorum de protestate dicti Regis Francise, quse occasione discordiarum & dissensionum praedictarum, in insulis prsedictis, capta fuerunt in manum dicti patris nostri, & in manu nostra, & in custodia vestra sic existunt, liberetis tenenda prout ea tenuemnt ante captionem supradictam ; volumus enim vos inde erga nos exonerari. Teste Rege, apud Ebomm, xiii. die Februarii. De distringendo episcopos Se alios homines de Normannia, ad faciendum Regi homagium 8r fidelitates. A.D. 1328. Rex, dilecto & fideli suo, Johanni de Roches, custodi insula- 2' E rum de Jerneseye, Jerseye, Serk, & Aureneye, salutem. Claus. 2 Edw. III. Quia accepimus quod episcopi, abbates, priores, & alii m. is. homines de Normannia, qui de nobis tenent in insulis prsedictis in Turr. Lond. per homagia, fidelitates, & alia servitia, asserunt se homagia & fidelitates suas nobis facere non debere, nisi ubi prsedecessores eorum progenitoribus nostris ea facerunt, temporibus quibus insulse prsedictse parcellse de Normannia exiterunt : Vobis mandamus quod omnes illos de Normannia, qui de nobis in insulis prse dictis tenent, & nobis inde fidelitates facere tenentur, sine dilatione distringatis, ad fidelitates suas, coram nobis, in insulis prsedictis, nobis faciendas ; & homagia illorum, qui nobis homagia facere tenentur, ponatis in respectum quamdiu nostrse placuerit voluntati. Teste meipso, apud Clipston', xxx. die Augusti. Per ipsum Regem & concilium. De castro vocato Girburgh, in insula de Gerneseye, perficiendo. A.D. 1328. Rex, dilecto & fideli suo, Johanni de Roches, custodi insula- An. 2 Edw. III. IVlI[1 ,je gerneseye, Jereseye, Serk, & Aurneye, salutem. Claus. 2 Edw. III. Quia accepimus quod quoddam castrum, vocatum Girburgh m. 14, in predicta insula de Gerneseye, pro majori salvacione partium in Turr. Lond. illarum, nuper inchoatum fuit ad construendum, & adhuc plene constructum non existit ; & quod dominus E. nuper Rex Angl' pater noster, mandavit quod castrum illud de exitibus insularum predictarum, & de . quibusdam aliis bonis perficeretur ; Vobis mandamus quod, si ita est, tunc castrum illud de exitibus & bonis hujus modi, quamcitius commodS fieri poterit, per visum aliquorum proborum & legalium hominum de partibus predictis, perfici faciatis ; prout pro majori com- modo nostro & salvatione partium predictarum, fore videritis faciendum. Et custodes quos in permissis apposueritis, cum illos sciverimus, vobis in com pote vestro de exitibus predictis aUocari faciemus. T.R. apud Clipston', xxvi. die Augusti. Per ipsum Regem & consilium. De castris in insulis prsedictis, muniendis. A.D. 1328. Rex, eidem, salutem. Quia accepimus quod castra nostra An. 2 Edw. III. insularum predictarum, victualibus, armaturis, & aliis hujusmodi Claus. 2 Edw. III. necessariis, munita non sunt, per quod tam nobis quam partibus m. 14. illis, quamplurima damna possent de facili, quod absit, evinire ; in Turr. Lond. Nos, hujusmodi periculis volentes precavere, vobis mandamus quod castra predicta victualibus, armaturis, & aliis hujusmodi necessariis, prout ad majus commodum nostrum & salvationem partium illarum, fore videritis faciend', de exitibus insularum illarum, per visum aliquorum proborum & legalium hominum partium earumdem, muniri faciatis : Et custodes quos in hac parte apposueritis, cum illos sciverimus, vobis in com pote vestro de exitibus predictis, afiocari faciemus. Mandavimus enim vicecomitibus nostris London', quod centum & viginti targeas, centum arcus balistos ad pedem, & viginti arcus balistos ad troll' ; necnon o o 2 580 APPENDIX. vicecomiti nostro Sutht', quod ipse centum millia de parvo Talshid & duo millia carbonum buscse, in eorum ballivis emi & provideri, & usque Portesmuth' cariari faciant, pro munitione castrorum predictorum, & vobis, vel attornato vestro in hac parte, liberari. T. ut supra. Per ipsum Regem & consilium. De ordinando pro salvo. S/ secura, custodii insularum de Gernereye, Jereseye, Serk, St Aureneye. A.D. 1335. Rex, tenenti loca dilectorum & fidelium nostrorum, Willielmi An. 9 Edw. III. de Molvte Acute & Henrici de Ferrariis, custodum insularum Claus. 9 Edw. III. nostrarum de Gernereye, Jerseye, Serk, & Aureneye, salutem. m. 9. d. Quia datum est nobis intelligi, quod magna classis navium in Turr. Lond. guerrinarum, hominibus ad arma, & aliis diversis de partibus exteris munitarum, supra mare congregata existit ; & quod iidem homines alienigense cum navibus illis, nos & gentes nostras, tam in insulis prsedictis quam alibi, per terrain & per mare, si possint, gravare proponunt ; Nos, ipsorum prsesumptuosse malicise obviare, & salvationi insularum prsedicta- rum, ac aliarum terrarum nostrarum circumquamque providere volentes, vobis mandamus, quod omnes homines, tam milites, armigeros, quam alios homines defensabiles, dictarum insularum quoscum que arraietis, &deconsilio &avisamento discretorum hominum insularum prsedictarum, de salva & secura custodial dictarum insularum, & omnium castrorum & fortaliciorum in eisdem insulis existentium, contra hujusmodi hostiles aggressus alienigenarum & aliorum hostium nostrorum, si qui nos & gentes nostras in eisdem insulis, gravare prsesumpserint, ordinetis, prout melius & securius fore videritis faciendum : Ita quod per vestri negligentiam seu repiditatem, damnum vel periculum eisdem insulis, aut gentibus nostris ibidem, non eveniat quoquo modo. Damus autem universis & singulis insularum prsedictarum, tenore prsesentium in mandatis, quod vobis, in omnibus quse ad salvam & securam custodiam ac de- fensionem insularum prsedictarum pertinent, intendentes sint & respondentes, prout eis scire faciatis ex parte nostra. T.R. apud villain Sancti Johannis, xx. die Aug.' Per cons'. \Et erat patens.] Mandatum de intendendo commissariis ad tractandum apud London1 de defensione Anglias in quo Rex iterum vendicat sibi dominum maris Anglicani. [Extract.] A.D. 1336. Rex, universis et singulis comitibus, &c, &c, salutem. An. 10 Edw. in. Nuper, ut pro certo intelleximus, David de Bruys & non- Rot. Scot. nulli alii de Scotia, hostes nostri, & sibi adhserentes, copiosam 10 Edw. III. m. 3. navium & galearum multitudinem, in diversis locis supra mare, in Turr. Lond. & etiam in aliis locis & portubus exteris, congregari fecerunt, & mercatores & alios regni nostri per mare transeuntes hostiliter aggredientes, tam naves ac bona & res ipsorum subditorum nostrorum quam quasdam alias naves, prope litora Insulse Vectse jacentes ancoratas, mercatoribus & marinariis, indictis navibus existentibus, nequiter interfectis, pluries ceperunt, & secum abduxerunt, insulasque nostras de Gernereye & Jeresye hostiliter etiam sunt ingressi, incendia, homicidia, & alia mala & facinora, tam ibidem quam supra mare, diversimode & inhumaniter perpetrantes. De arraiando homines insularum Gernereye, Jerseye, Serk, Ss Aureneye. A.D. 1337. Rex, universis & singulis, archiepiscopis, episcopis, abbatibus, An. 11. Edw. III. prioribus, comitibus, baronibus, militibus, libere-tenentibus, Pat. 11. Edw. III. ballivis, ministris, & omnibus aliis fidelibus suis insularum p. 1. m. 6. d. suarum de Gernereye, Jereseye, Serk, & Aureneye, salutem. in Tun-. Lond. Qu;a datUm est nobis intelligi quod quidam, Scotis, inimicis nostris, adhserentes, dictam insulam de Serk, & quasdam alias partes earumdem insularum, nuper hostiliter invaserunt, & incendia, homicidia, & APPENDIX. 581 alia facinora diversa, ibidem inhumaniter perpetrarunt, & proponunt iterum ibidem mala consimilia perpetrare, nisi ipsorum militise viriliiis obvietur j Nos, de fidelitate & circumspectione dilecti & fidelis nostri, Thomse de Ferariis, quem custodem insularum nostrarum prsedictarum jam constituimus, confidentes ; Assignavimns ipsum Thomam, ad levandum & arraiandum omnes homines insu larum prsedictarum defensabiles, & in millenis, centenis, & vintenis, ponendum, & ad eos, benfi arraiatos, & armis competentibus sufficienter munitos, ducendum, pro salvatione & defensione insularum prsedictarum, contra hujusmodi hostium incursus, si qui dictas insulas, vel aliquam earumdem, invadere, vel gravare, prse- sumpserint, clam vel palam ; Et ad eosdem hostes, si ibidem taliter accesserint, expugnandum, &.pro viribus destruendum ; & ad deputandum sub se alios idoneos, quos sufficientes viderit, in insulis prsedictis, & ipsarum qualibet, ad levationem, arraiationem, & ductionem hominum prsedictorum faciend', quotiens, & ubi ipse ad hoc personaliter vacare non potest : Et ideo vobis mandamus, nihilominus in fide & dilectione, quibus nobis tene- mini, firmiter injungentes, quod eidem Thomse, & deputandis ab eo, in prsemissis, omnibus & singulis, & aliis, salvationem & defensionem insularum prsedictarum, & repulsionem hostium nostrorum, concernentibus, pareatis & intendatis, & vos ad hoc viriliter exponatis ; ita quod, ob vestri inobedientiam, vel trepiditatem, dam num vel periculum, quod absit, eisdem insulis, aut earum alicui, non eveniat ullo modo. Damns enim prsefato Thomse, & deputandis ab eo, plenam, tenore prsesentium, potestatem arrestandi, capiendi, & prisonis nostris committendi, omnes illos, quos in prsemissis rebelles, vel inobedientes, invenerint, in eisdem detinendi quousque aliud inde, considerate hujusmodi rebellions, duxerimus ordinandum. In cujus, &c. Teste Rege, apud Eborum, xi. die Maii. Per ipsum Regem. Super txtulo adregnum Francice; super mis pacts oblatis; St de pravaricatione Philippi de Valesio, declaratoria. A.D. 1340. Universis Rex, &c. An. 14 Edw. III. quj; [Phiijppus] juxta scelerata mandata sua, super hoc sibi Bibl. Cotton. facta, cum navibus & galeis armatis, insidiantes nostris fidelibus Otho D. n. super mare, nonnullas naves regni nostri, onustas mercibus, f. 106. ceperunt & deprsedarunt, ac homines existentes in eis, nullius mali conscios, nequiter occiderunt, & insulam nostram de Ger- nesey invadentes hostiliter, ecclesias, & sedificia singula redigerunt in miserabilem cibum ignis, interficientes quos illuc invenerant, setati, sexui, vel ordini non parcendo, & alia mala nobis & nostris intolerant, quse longum foret per singula reserare. Litterte Regis ad homines Insularum de Gerneseye, Jerseye, Serk, S/ Aureneye, de gestu benevolo continuando. A.D. 1341. Rex, dilectis & fidelibus suis, probis hominibus insularum de An. 15 Edw. III. Gernereie, Jereseye, Serk, & Aureneye, salutem. Claus. 1 5 Edw. III. Ex relate nunciorum vestrorum , ad nos ex parte vestra trans- p. l. m. 35. missorum, & tenore petitionum suarum coram nobis & concilio in Turr. Lond. nostro exhibitarum, statum insularum earumdem, ac discrimina eisdem jam imminentia & in proximo verisimiliter superventura, nisi maturior addatur succursus ; & etiam consuetudines per vos inibi usitatas & approbatas, cseteraque plurima inde' dependentia, utillsesa conserventur & illibata, continentium, pleno cofiegimus intellectu : Vobis signrficantes quod dilectum & fidelem nostrum Thomam de Hamptom, de cujus circumspectione & industrisl plenam fiduciam reportamus, ad dictas partes, adcitius quo poterit, ordinavimus profecturum, ad statum partium illarum super- videndum, ac dictas insulas & castra & fortalicia nostra ibidem, ac vos & vestra per vestri consilium & auxilium dirigendum, consultius & securius defensan- dum, ac jura vestra & consuetudines vobis, ut convenit, conservandum : 582 APPENDIX. Vestram igitur dilectionem attentius rogamus, quatiuiis gestum vestrum penes nos in tuitione insularum prsedictarum continue benevolum continuare velitis pro viribus per augmentum, vosque in necessitate viriliter exponere, prout decet, & prsefato Thomse, tanquam custodi nostro earumdem insularum, intendere & parere ; sibi etiam in dicendis vobis quse sibi super hiis injunximus, credere ; & quse pro nobis in hac parte petieret, adimplere, ut ex hoc vobis laudis titulos adquiratis, & sinistrum obloquium evitetis. Dat' apud Langele, xviii. die Marc'. Pro hominibus insularum de Jerseye, Gernereye, Serk, St Aureneye. A.D. 1341. Rex, omnibus ad quos, &c, salutem. Sciatis quod nos, An. 15 Edw. III. grat^ memoria recensentes quam constanter & magnanimiter Pat. 15 Edw. III. dilecti & fideles nostri, homines insularum nostrarum de Jere- p. 2. m. 38. seye, Gernereye, Serk, & Aureneye, in fidelitate nostra & in Turr. Lond. progenitorum nostrorum, Regum Anglise, semper hactenus per- stiterunt, & quanta pro salvatione dictarum insularum, & nos trorum conservatione jurium & honoris ibidem sustinuerunt, tam periculo corporum quam suarum dispendio facultatum ; & proindS volentes ipsos favore prosequi gracioso ; Concessimus pro nobis & hssredibus nostris, dictis hominibus insularum prsedic tarum quod ipsi, hseredes & successores sui, omnia privilegia, libertates, immuni- tates, exceptiones & consuetudines, in personis, rebus, monetis & aliis, eis, virtute concessionum progenitorum nostrorum, Regum Anglise, vel alias legitime compe- tentia, habeant & teneant, ac eis sine impedimenta vel molestatione nostri, hseredum vel ministrorum nostrorum quorumcumque, plene gaudeant & utantur, prout ipsi & eorum antecessores, habitatores dictarum insularum eis nsi sunt rationabiliter & gavisi, quse jam eis in forma prsedicta, generaliter confirmamus. Volentes ea, cum super his plene informati fuerimus, prout justum fuerit, special iter confirm are. In cujus, &c. T. R. apud Turrim London', a. die Julii. Per petitionem de cons' in parliaments. Super insulis de Gernereye, Gereseye, Serk,' St Aureneye. A.p. 1342. Rex, thesaurario & baronibus suis de scaccario, salutem. An. 16 Edw. III. Quia ex parte dilecti & fidelis nostri Thomse de Hampton Claus. 16 Edw. III. nobis est ostensum, quod cum vicesimo die Martii, anno regni p. i.m. 10. nostri Anglise quintodecimo, custodia insularum de Gernereye, in Turr. Lond. Gereseye, Serk, & Aureneye sibi per nos commissa fuisset, habenda eodem modo quo Willielmus de Monte Acuto & Hen ricus de Ferrar' custodiam insularum prsedictarum priiis habuerunt ; & licet insula? prsedictse tunc temporis de guerra contra Philippum de Valesio & alios inimicos nostros de Francia fuissent & adhuc existant, & ea de causa destruantur & vastentur, & in parte per dictos inimicos nostros occupentur ; ac moneta ibidem pro tertisi parte debilitetur ; per quod idem Thomas de tanto pro eisdem insulis quantum alii, qui custodiam insularum illarum tempore pacis habuerunt, reddide runt, pro eisdem respondere non potest ; Vos tamen ad hoc considerationem non habentes, ipsum Thomam ad responden dum nobis de tanto pro insulis prsedictis, de quanta prsefati Willielmus & Henricus, qui custodiam insularum illarum tempore pacis habuerunt, onerati fuerunt in compoto ipsius Thomse ad scaccarium prsedictum onerare nitimini, in ipsius Thomse dispendium non modicum & gravamem ; super quod nobis supplica- vit sibi per nos de remedio provideri ; Vobis mandamus, quod si vobis legitime non constare poterit, prsedictum Thomam, prsetextu guerrse prsedictse, tantum de insulis per annum quantum prsedicti Willielmus & Henricus nobis pro eisdem annuatim reddiderunt, pro tempore quo idem Thomas custodiam earumdem insularum sic habuit, non levasse nee levare potuisse, tunc compotum prsedicti Thomse juxta id quod de eisdem a APPENDIX. 583 tempore commissionis nostrse sibi de custodial prsedicta factse levare potuit, ac de misis & custubus circa salvam custodiam insularum illarum & operationes inibi ex hac causa per ipsum Thomam rationabiliter appositis, ac de vadiis suis & hominum suorum illuc pro munitione dictarum insularum, juxta formam indenturse inde inter nos & ipsum Thomam factse, retentorum, audiatis & ulterius faciatis quod ad finalem exitum compoti illius noveritis pertinere. T. R. apud Westm' , viii. die Junii. Per ipsum Regem & cons'. De Castro de Cornet in insula Gereseye nuper capto, Thomto de Ferrariis liberando. A.D. 1345. Rex, dilectis & fidelibus suis Petro Bernardi, de Tholosa & . 19 Edw. III. socjis sujSi magistris & admirallis galearum quse ad nos de Rot. Vascon. civitate nostra Baionse ultimo venerunt, & Petro de Farges 19 Edw. HI. m. 3. magistro navis voeatse La Dieu Gard' de Baiona, salutem. in Turr. Lond. Mandamus vobis quod castrum nostrum de Cornet in insula de Gereseye, per vos & quosdam alios fideles nostros de guerrsl captum, & in custodisi. vestra jam existens, dilecto & fideli nostro Thomse de Ferrariis, custodi insularum nostrarum de Gereseye, Gernereye, Serk, & Aureneye, cum armaturis, victualibus, & omnibus aliis rebus nostris in castro prsedicto exis- tentibus, per indenturam ind& modo debito conficiendam, liberetis, ad opus nostrum custodiendum : Volumus enim, & vobis tenore prsesentium licentiam dedimus specialem quod , facta liberatione prsedicta, vos ad dictum civitatem Baionse & alibi quo volueritis, liberS & absque impedimento transire valeatis, & nos vos de capitione castri prsedicti erga quoscumque, indempnes conservari faciemus : Mandavimus etiam preefato Thomse quod castrum prsedictum a vobis recipiat, & salvo custodiri faciat in forma prsedicta. Dat apud Westm', xxviii. die Aug'. Per ipsum Regem. Indentura de custodia de Gernereye, Gereseye, Serk, Sf Aureneye. A.D. 1354. Ceste endenture faite entre nostre seignur le Roi d'une part, An. 28 Edw. III. & monsjeur William Stury d'autre part, tesmoigne : Claus. 28 Edw. III. Que le dit William ad empris la gard des isles de Gernereye, m. 27. d. Gereseye, Serk & Aureneye, pur terme de trois annz, com- in Turr. Lond. enceant le secound jour d'Averill preschein avenir, a ses propres custages es totes choses, & receivera a son oeps toutz les profitz, issues, & revenues des dites isles, durant le terme susdit, rendant a nostre dit seignur le Roi CCli. par an a son escheqer . Et outre nostre seignur le Roi ad grante de sa grace especiale, que la dite ferme lui soit allowe d'an en an au dit escheqer, en partie de satisfaction des dettes, queles il saura monstrer par cleres evidences, que nostre seignur le Roi lui doit, jus a, la summe de CCCClxvi. Ii. xiii s. iv d. En tesmoignance de quele chose, a l'une partie de ceste endenture demorante devers le dit monsieur William, nostre seignur le Roi ad fait mettre son grant seal; & a l'autre partie de meisme l'endenture devers nostre dit seignur le Roi, le dit monsier William ad mis son seal. Don' a Westmonster le xx. jours de Marz, l'an du regne nostre dit seignur le Roi, c'estessavoir, d'Engleterre vyntoytisme, & de France quinzisme. Per ipsum Regem & concilium. De vinis et aliis, ad insulas de Gerneseye, Serk, et Aureneye, ducendis. A.D. 1368. Rex, universis et singulis vicecomitibus, majoribus, ballivis, An. 42 Edw. III. minigtris, custodibus portuum maris, custumariis, ac omnibus, Rot. Franc. a^s fidelibus suis, in comitatibus Suthampton', Somerset', 42 Edw. III. m. 2. Dorset', et Devon', tam infra libertates quam extra, ad quos, in Turr. Lond. &c. salutem. Sciatis quod concessimus dilectis nobis Willielmo de Has- thorp et Johanni Cok, locum tenentibus dilecti et fidelis nostri Walteri Hewet, 584 APPENDIX. custodis insularum nostrarum de Gerneseye, Serket Aureneye, in insulis prsedictis, quod ipsi viginti dolia vini et viginti dolia sizerse, centum arcus, ducentas garbas sagittarum, infra comitates prsedictos, ubi melius poterunt, providere ; et ea, una cum duodecim hominibus armatis, viginti sagittariis et duodecim equis, per ipsos Willielmum et Johannem provisis, per aliquem portuum in ballivis vestris versus prsedictas insulas, pro garnestura castrorum nostrorum in eisdem insulis, ducere possint. Et ideo vobis mandamus, quod ipsos Willielmum et Johannem vinum, sizeram, arcus, garbas, homines annates, et sagittarios, etequos, prsedicta versus prsedictas insulas pro garnestura prsedicta, per ballivas vestras, per se vel servientes suos, liberS et absque impedimenta aliquo ducere permittatis : quocumque mandate nostro vobis incontrarium directo, non obstante. In cujus, &c. Teste Rege, apud Westm', xii. die Novembris. De prmsentationibus in Insulatte Jersey, tempore guerrat. A.D. 1371. Rex, dilecto et fideli suo Waltero Huwet, custodi insularum An. 45 Edw. III. suanlm de Gerneseye, Jerseye, Serk, et Aureneye, vel ejus Rot. Franc. locum tenenti in prsedicta Insula, de Jerseye, salutem. 45 Ed. III. m. 8. Cum nuper, per literas nostras patentes, prsesentaverimus in Turr. Lond. dilectum clericum nostrum, Willielmum Humfray de Boole, episcopo Constanciensi, ad ecclesiam de Seint Ewayn, in prse dicta Insulal de Jerseye, tunc vacantem, et ad nostram donationem spectantem; Eidem episcopo, per easdem literas nostras, demandando quod ipsum Willielmum ad ecclesiam ipsam admitteret et personam institueret in eadem ; Ipseque episcopus inimicus noster et rebellis existat, et in terra contra nos guerrina notorie moram trahat ; Qua de causa, idem clericus noster, cum prsesentatione nostra hujusmodi, ad ipsius prsesentiam, durante guerra prsedicta, propter timorem mortis, ad executionem et effectum inde assequendum, accedere non est ansus ; Concessimus prsefato clerico nostro omnes fructus et proventus ecclesise prsedictse, qui in manu nostra, occasione guerrse prsedictse, seisiti existent, de gratia nostra speciali, de dono nostro habendos, a die vacationis ipsius ecclesise, et a tempore quo, ut prsemittitur, ex causa prsedicta in manu nostra seisiti, quousque idem clericus noster possessionem ecclesise prsedictse cannonice et pacifice fuerit assecutus ; Vobis mandamus quod eidem clerico nostro de fructubus, obventionibus et redditibus ejusdem ecclesiss, a. tempors prsedicto, per vos aut vestros perceptis, respondeatis et rusponderi integre faciatis ; Ac eundem clericum nostrum, per se, et deputatos suos, fructus et proventus ecclesise prsedictse libere, colligere, et in usus suos proprios convertere, absque aliquo impedimento, de csetero, permittatis ; Aliquo mandate nostro, vobis prius in contrarium directo, seu ordrnatione aliqua in hac parte facta, non obstante ; Proviso semper quod per ipsum clericum nostrum, aut per deputatos suos, eidem ecclesise in divinis debite serviatur, et alia, eidem ecclesise incumbentia, onera ex fructubus hujusmodi continuo, prout convenit, supportentur. In cujus, &c. Dat' apud Westm', vi. die Septembris. Consimiles littera Regis patentes fount pro subscriptis, sub eadem videlicet, Per Rogero de Walden, ad ecclesiam de Seint Hiller in insula pradicta. Pro Johanne Condit, ad ecclesiam de Seint Piere in insula praidicta. De inquirendo de terris religiosorum alienigenarum, in insulis de Jerseye, Serk, et Aureneye. A.D. 1372. Rex, dilectis sibi Edmnndo Rose, constabulario castri nostri An. 46 Edw. III. ,je gurry in Insula de Jereseye, et Nicholao le Fevere, salutem. Rot. Franc. Sciatis quod assignavimus vos ad inquirendum per sacramen- 44 Ed. III. m. 14. turn proborum et legalium hominum de insulis de Jereseye, in Turr. Lond. Gerneseye, Serk, et Aureneye, tam infra libertates quam APPENDIX. 585 extra, per quos rei Veritas melius sciri poterit, qua; et quot terrse, tene- menta et possessiones, in insulis prsedictis sunt in manibus quorumcumque religiosorum alienigenarum ; et quantam firmam iidem religiosi nobis indfe annu atim reddunt ; et quantum terrse, tenementa, et possessiones hujusmodi ultra dictam annuam firmam valeant per annum, in omnibus exitibus juxta verum valorem eorumdem ; et quse onera iidem religiosi pro eisdem terris, tenementis et possessionibus, de jure facere et invenire tenentur ; et quis, vel qui, terras, tenementa, et possessiones hujusmodi a tempore ultimse guerrse per GaUicos, adversarios nostros, motse, occupavit vel occuparunt, et exitus et proficua ind6 precepit vel perceperunt ; et quo titulo, et qualiter, et quo modo : et de omnibus afiis articulis et circumstantiis, prsemissa qualitercumque contingentibus, plenius veritatem, et ad nos ind£ in cancellaria nostra Anglise distincte et apertii certificandum. Et ideo vobis mandamus quod ad certos dies et loca, quos ad hoc provideritis, inquisitiones ind& faciatis', et eas distincte et aperte fact as, nobis in cancellaria prsedicta sub sigillis vestris, et sigillis egrum per quos factse fuerint, sine dilatione mittatis, et hoc breve : Mandavimus enim ballivis nostris insularum prsedictarum, quod ad certos dies et loca, quos eis sciri faciatis, venire faciatis coram vobis tot et tales probos et legates homines de insulis prsedictis, tam infra libertates quam extra, per quos rei Veritas in prsemissis melius sciri poterit et inquiri. In cujus, &c. Teste Rege, apud Westm', xiv. die Augusti. Pro passagio W. de Asthorpe, custodis insularum de Gerneseye, Jereseye, Sfc. A.D. 1373. Rex, universis et singulis vicecomitibus, majoribus, ballivis, An. 47 Edw. III. ministris, et aliis fidelibus suis, in quibuscunque villis et portubus Rot. Franc. inter Suthampton' et Plymmuth', ad quos, &c, salutem. 47 Ed. III. m. 29. Quia ordinavimns dilectum et fidelem nostrum Willielmum in Turr. Lond. de Asthorpe chivaler, custodem insularum nostrarum de Gerne seye, Jereseye, Serk, et Aureneye, et Johannem Coke armige- rum, ad proficiscendum penes insulas prsedictas cum celeriori expeditione qusi poterunt, pro salvatione et defensione insularum prsedictarum ; Vobis et cuilibet vestriim districtius quo poterimus, injungimus, et mandamus, quod eisdem Willielmo et Johanni bargeas, sive alia vasa infra portagium viginti doliorum, pro passagio suo ad hominum, equorum, et victualium et hernesiorum suorum competentesetnecessarias, cum eaceleritatequapoteritis, suis sumptibus, habere faciatis, et eis inde intendentes sitis et respondentes ; Proviso semper, quod bargese et vasa prsedicta, seu aliqua? alise naves pro passagio Johannis Regis Castellse et Legionis, seu aliorum dominorum ordinata, tempore passagii prsedicti, colore prsesentium, nullatenus absententur. Teste Rege, apud Westm', xxii. die Aprilis. De capiendo et ingrediendo castrum de Gurry in Insula dt Jerseye. A.D. 1373. Rex, dilectis et fidelibus suis Philippo de Courtenay, admirallo An. 47 Edw. III. flotse nostrse navium versus partes occidentales, et Radulphode Rot. Franc. Ferrers chivaler, salutem. 47 Ed. III. m. 10. Sciatis quod, quibusdam certis de causis, nos specialiter mo- in Turr. Lond. ventibus, assignavimus vos, conjunctim et divisim, ad statum insulse nostrse de Jereseye, ac castri nostri de Gurry in insula prsedicta, supervidendum, et liberationem castri illius, nostro nomine, ab illud occupantibus petendum, et illud ingrediendum, tenendum et occupandum ; et si resistentia aliqua in hac parte fuerit, ad recussum indfe faciendum, ac pro salva et securS custodia ejusdum, prout melius pro commodo et honore nostro expedire videritis, disponendum, faciendum et ordinandum, quousque aliud indfe duxerimus demandandum vel ordinandum ; aliqua commissione, seu mandate alicui per nos prius facte, non obstante. Et ideo vobis mandamus quod circa prsemissa cum omni diligentisi et solicitudine 586 - APPENDIX. quibus poteritis, sine dilatione intendatis, et ea faciatis et exequimini in forma prsedicta. Damus autem custodi insularum nostrarum de Gerneseye, Jereseye, Serk et Aureney, et dicti castri, ac quibuscumque dictum castrum occupantibus, necnon universis et singulis majoribus, ballivis, ministris, at aliis fidelibus et subditis nos tris insularum prsedictarum, tenore prsesentium inmandatis, quod vobis et cuilibet vestrum in prsemissis omnibus et singulis intendentes sint, consulentes, auxiliantes et respondentes, prout per vos prsemuniti fuerint ex parte nostra. In cujus, &c. Teste Rege, apud Westm', xviii. die Augusti. Per ipsum Regem. De firmis, in insulis' de Gerneseye, Stc, levandis. A.D. 1373. Rex, dilecto et fideli suo Willielmo de Asthorpe, salutem ; An. 47 Edw. HI. Sciatis quod nos, de fidelitate et circumspectione vestris Rot. Franc. plenius confidentes, assignavimus vos ad insulas nostras de Ger- 47 Edw. III. m. 5. nesey, Serk, Aureneye et Erme, ac castrum nostrum de Cornet, m Turr. Lond. et turrim nostram de Beauregard' in eadem insula de Gernesey custodiendum et conservandum ; et ad omnes redditus, firmas, exitus, et omnia alia proficua et emolumenta, quse ad nos ibidem qualitercumque pertinere poterunt, appruandum, levandum, colligendum, et percipiendum ; et ad custus, et vadia necessaria pro munitione ac salvatione et defensione insularum, castri, et terris preedictorum, hoc instanti tempore guerrse, per visum et testimo nium ac contrarotulationem contrarotulatoris nostri, quem ad hoc ibidem deputa- verimus, de hujusmodi redditibus, firmis, exitibus, et proficuis solvendis, ita quod nobis de omni eo, quod ultra vadia et custus in hac parte necessaria solvenda, residuum fuerit, ad scaccarium nostrum fide liter respondeatis, juxta formam inden turse inter nos et vos inde: confectse ; Et ideo vobis mandamus quod circa prsemissa cum omni diligentia intendatis, et ea faciatis et exequamini in forma prsedicta ; Damus autem ballivis ac juratis et quibuscumque aliis fidelibus et subditis nos tris de insulis prsedictis, tenore prsesentium, firmiter in prseceptis, quod vobis in prsemissis intendentes sint, respondentes, consulentes, et auxiliantes, quotiens et prout eis, seu eorum alicui, scire feceritis ex parte nostra. In cujus, &c, quamdiu nobis placuerit duraturas. Teste Rege, apud Westm', xxi. die Decembris. De protectione, pro insulis de Gerneseye, Jereseye, Serk, et Aureneye. A A?Fd374'iTT ^ex' umvers's et singulis admirallis, capitaneis, custodibus n' "' insularum, villarum, et castellorum, magistris navium, marina- Rot. Franc. riis, majoribus, vicecomitibus, ballivis, juratis et omnibus aliis 48 Ed. III. m. 16. ministris et subditis nostris, tam per terram quam per mare in Turr. Lond. constitutis, infra libertates et extra, ad quos, &c. salutem. Desiderantes indemnitati et tranquillitali populi nostri insu larum de Gerneseye, Jereseye, Serk et Aureneye providere, prout decet, suscepi- mus omnes homines insularum prsedictarum, et eorum quemlibet, necnon terras, res, redditus, et omnes possessiones suas, ac omnia bona et catalla sua qusecumque, ubicumque infra dominium et potestatem nostra existentia, in protectionem et defensionem nostras speciales ; Et ideo vobis mandamus, quod ipsos homines et eorum quemlibet, terras, res, redditus, et omnes possessiones suas, necnon omnia bona et catalla sua qusecumque, ubicumque infra dominium et potestatem nostra existentia, manuteneatis, protega- tis, et defendatis ; non inferences eis, vel eorum alicui inferri permittentes, injuriani, molestiam, damnum, violentiam, impedimentum aliquod seu gravamen ; Et si quid eis vel eorum alicui injuriatum, forisfactum, sive indebite attemptatum fuerit, id eis et eorum cuilibet sine dilatione debite corrigi, reformari, et emendari faciatis. Volumus insuper et districtius quo poterimus, firmiter prohibemus, ne vos vel aliquis vestrum, seu quivis alius, cujuscumque status seu conditionis fuerit, APPENDIX. 587 quicquam de bonis seu catallis ipsorum hominum insularum prsedictarum, ubi cumque infra dominium et potestatem nostra prsedicta existentibus, absque voluntate sua. seu servientum suorum, in quorum custodia bona et catalla ilia inventa fuerint, et absque denariis inde, prout rationabiliter conveniri poterit, prompts solvendis, ad opus nostrum, seu alterius cujuscumque capiatis, seu capi permittatis. In cujus, &c. quamdiu nobis placuerit duratur.' Teste Rege, apud Westm', xxiv. die Maii. De custodia insularum de Gerneseye, Serk, et Aureney, T. de Beauchamp, commissd. A.D. 1374. Rex, dilecto et fideli suo, Thomse de Beauchamp, chivaler, An. 48Edw. III. salutem. Rot. Franc. Sciatis quod nos, de fidelitate et circumspectione vestra 48 Edw. III. m. 14. plenius confidentes, constituimus vos capitaneum et custodem in Turr. Lond. insularum nostrarum de Gerneseye, Serk, et Aureneye, necnon castri nostri de Cornet et turris de Beauregard in dicta, insula de Gerneseye, per unum annum integrum, postquam insulse, castrum et turris prsedicta vobis liberate fuerint, sub certis conventionibus, in quadam indentura ind& inter nos et vos facta, contentis. Et ideo vobis mandamus quod circa prsemissa cum omni diligentia intendatis, et ea faciatis et exequamini in forma prsedicta. Damus autem ballivis ac juratis, ac quibuscumque aliis fidelibus et subditis nostris de insulis prsedictis, tenore prsesentium, firmiter in prseceptis, quod vobis, tanquam capitaneo et custodi ibidem intendentes sint, consulentes, et auxiliantes, quotiens et prout eis, seu eorum alicui, scire feceritis ex parte nostra ; Ita semper quod vos insulas, castrum, et turrim prsedictam, necnon populum nostrum ibidem, juxta avisamentum illorum, quorum interest, fideliter gubernetis per tempus supradictum. In cujus, &c. Teste Rego, apud Westm', xii. die Augusti. De inquirendo pro Rege in Insulis de Gerneseye, Serk, et Aureney. A.D. 1374. Rex, dilectis et fidelibus suis Thomse Beauchamp, custodi An. 48. Edw. III. insularum de Gernesey, Serk, et Aureney, Thomse de Appelby, Rot. Franc. Petro Gyon, Nicholao Saumareis, et Nicholao le Fever, salutem. 48 Ed. III. m. 5. Sciatis quod assignavimus vos, quatuor, tres, et duos vestrum, in Turr. Lond. inquisitores nostros, ad inquirendum, per sacramentum proborum et legalium hominum de insulis prsedictis, per quos rei Veritas melius sciri poterit, de quibuscumque wardis, maritagiis, releviis, redditibus, escaetis, forisfacturis, ac de bonis et catallis rebelhum alienigenarum, et aliorum quorumque, in insulis prsedictis forisfactis, per quoscumque et quilitercumque occupatis, et concelatis, et a nobis injustei detentis, et ad processus ind6 faciendum ; et eosdem processus, secundum legem et consuetudinem partium prsedictarum, andiendum et terminandum : et ad omnia bona et catalla prsedicta, ac exitus et proficua de eisdem wardis, maritagiis, releviis, redditibus, excaetis, forisfacturis a tempore concelationis et detentionis hujusmodi percepta, in quorumcumque manibus fuerint, levandum et colligendum, et ad opus nostrum recipiendum. Et ideo vobis mandamus, quod, assumptis vobiscum ballivis et juratis in insulis prsedictis, ad certos dies et loca, quos ad hoc provideritis, diligenter super prsemissis de tempore in tempus inquiratis, et ea ad sectam nostram audiatis et terminetis, ac faciatis et expleatis in forma prsedicta. Facturi indfe quod ad inqui sitores pertinet, secundum legem et consuetudinem partium prsedictarum. Salvis nobis amerciamentis, et aliis ad nos inde spectantibus. Mandavimus enim balliviis et juratis insularum prsedictarum, quod ad certos dies et loca, quos eis scire faciatis, venire faciant coram vobis, quatuor, tribus vel duobus vestrum, tot et tales probos et legales homines de ballivis suis, per quos rei Veritas in prsemissis melius sciri poterit et inquiri. In cujus, &c. Teste Rege, apud Westm', x. die Decembris. 588 APPENDIX. T. de Beauchamp custos castri de Cornet constituitur. A.D. 1376. Rex, omnibus ad quos, &c. salutem. Sciatis quod nos, de An, 50 Edw. III. fidehtate et circumspectione dilecti et fidelis nostri Thomse de Rot. Franc. Beauchamp chivaler, plenius confidences, constituimus ipsum 50 Ed. III. m. 3. custodem castri nostri de Cornet, ac turris nostri de Beauregard in Turr. Lond. in inSula de Gerneseye, habenda usque ad festum Purificationis Beatse Marise proximo futurum ; Percipiendo pro custodia prsedicta et pro vadiis, regardis et omnibus aliis custubus, tam pro seipso quam hominibus ad arma et sagittariis secum in muni tione eorumdem castri, et turris exitentibus, pro eodem tempore, juxta ratam quingentarum marcarum per annum, de exitibus et proficuis insularum nostrarum de Gerneseye, Serk, Aureneye, et Erme, per manus receptoris insularum prsedic tarum pro tempore existente, vel alias, ad scaccarium nostrum Anglise ; si exitus prsedicti ad hoc non sufficiant, juxta formam cujusdam indenturse inde intes er not prsefatum Thomam confectse. In cujus, &c. Teste Rege, apud Westm', primo die Septembris. Per magnum concilium. BIOGRAPHICAL SKETCHES. SIR EDMUND ANDROS, KNIGHT, Was born in London, 6th December, 1637, his father, Amias Andros, being then marshall of the ceremonies to King Charles the First. He was brought up from a boy in the royal family, and, in its exile, commenced bis career of arms in Holland, under Prince Henry of Nassau. Upon the restoration of Charles the Second, in 1660, he was made gentleman in ordinary to Elizabeth Stuart, queen of Bohemia, the king's aunt, noted for the vicissitudes of her life, and as having given an heir to the house of Hanover ; her daughter, Princess Sophia, being the mother of George the First : — Elizabeth was then in her widowhood, and residing at the Hague ; having returned to England, she survived the restoration but two years. In 1666, he was major in the regiment sent to America. In the war waged by Charles the Second against the Dutch, and which ended in 1667, he bore a dis tinguished part. He married, in 1671, Mary, daughter of Thomas Craven, and sister of Sir W. Craven, of Appletreewick, in Yorkshire, and of Combe abbey, in Warwickshire, knight, heir in reversion to the barony of Craven, of Hampstead Marshall, which was then held by William Lord Craven, the most remarkable among those of his countrymen, who chivalrously devoted themselves to the fortunes of the queen of Bohemia.* In 1672, Major Andros was commander of the forces in Barbadoes, and had obtained the reputation of being skilled in American affairs. Under royal warrant to the master-general of ordnance, of 2d April, in that year, a regiment of dragoons, raised for the king's cousin, Prince Rupert, was directed to be armed with the " bayonet or great knife," this being its first introduction into the English army ; Major Andros was promoted to this regiment, and " the four Barbadoes companies," then under his command, were advanced to be troops of horse in it.f In the same year, the palatine and proprietors of the province of Caro lina, by patent in the Latin language, dated 23d April, under their great seal and hands, and making allusion to his services and merits, conferred on him and his heirs the title and dignity of Landgrave, with four baronies, containing forty-eight thousand acres of land, at a quit rent of a penny an acre. Charles the Second had granted the province to Lord Berkeley, Lord Craven, the Earl of Shaftesbury, of famed memory, Sir George Carteret, and Sir George Colleton, with power to create and confer titles, of honour ; and a constitution had been founded under * See her Memoirs, by Miss Benger. t See "Origin and Services of the Coldstream Guards, by Colonel Mackinnon." APPENDIX. 589 which two classes of hereditary nobility were created, with the titles of Landgraves and Caciques, and with possessions proportioned to their respective dignities, who were to be members of the provincial parliament. The distinction bestowed by the proprietors, honourable as it was to him, does not appear to have been other wise beneficial, and neither he nor his heirs, it is believed, at any time derived advantage from the large quantity of land annexed to the dignity. In 1674, on the death of his father, he succeeded to the office of bailiff of Guernsey, the rever sion of which had been granted to him by his majesty, in the father's lifetime. The same year, the war which had recommenced with the Dutch having terminated, he was commissioned by patent, dated 24th July, signed by the king, and under the great seal of England, to receive from them New York and its dependencies, pur suant to the treaty of peacer in which was a stipulation that all countries con quered during the war should be restored to the power that had possessed them at its commencement. That province had been granted to the Duke of York, after wards James the Second, and Sir Edmund was constituted its governor-general. It was on his return from thence, in 1681, that he was knighted by Charles the Second. In 1683, he was sworn gentleman of the privy chamber to the king. The following year, the island of Alderney was granted to him, and dame Mary, his wife, for ninety-nine years, at a rent of thirteen shillings. The year after, he was made colonel in her royal highness Princess Anne of Denmark's regiment of horse. In 1686, James the Second appointed him governor, captain-general, and vice-admiral of Massachusetts, New Hampshire, Maine, New Plymouth, and cer tain dependent territories, and soon afterwards of Rhode Island and of Connecticut successively, in addition, comprehending the whole of the states of New England, and, subsequently, New York and New Jersey were also included under his jurisdiction. After the revolution, William the Third, in 1692, preferred him to the governorship of Virginia, in which he succeeded Lord Effingham, and his majesty honoured him by adjoining to it, at the same time, that of Maryland, which had been separately held by Lord Baltimore. In 1704, under Queen Anne, he was extraordinarily distinguished by having the lieutenant-governorship of Guern sey bestowed on him, whilst he also continued bailiff, his duties, as such, being dispensed with for the time, he having power given to him to appoint his lieutenant-bailiff, who was likewise authorised to name a deputy. He became a widower at Boston, in New England, and married twice afterwards ; the second wife was of the family of Crispe, which, like his own, had been attached to the royal house hi its necessities. He closed his eventful life in the parish of Saint Anne, Westminster, without issue, in February, 1713, in his seventy-sixth year. Sir Edmund was for many years at the head of a mixed and adventurous popu lation in newly settled and important colonies, distant from the mother country, a station at all times arduous, but immeasurably so in the age of revolutions in which he lived, when the institutions longest established were not exempt from the common jeopardy, and unusual energy was called for in all, wherever situated, by whom the royal authority was to be asserted. He resolutely encountered the duties and responsibilities of his high office throughout the long course of his career, and was successful in resisting, in his military as well as civil capacity, the intrigues and hostilities of the neighbouring French and Indians, to which he was continually exposed. By some of the chroniclers of the period, who wrote, doubtless, not uninfluenced by its partisanship, he has been represented in his earlier government, under James the Second, as an abettor of tyranny ; but, by others of them, appearing to have possessed the best means of judging of the circumstances under which he acted, his conduct has been liberally estimated.* His later administration, under William the Third, is allowed to have been irreproachable. All the colonies advanced greatly in improvement whilst under his charge; and the fact that he was distinguished by the marked approval and successive appointments of his several sovereigns, after, no less than before, the revolution, cannot but be interpreted as the strongest testimonial in his favour, and highly to the honour of his reputation. * See " Chalmers' Political Annals of the Colonies." 590 APPENDIX. The ancestors of Sir Edmund were of English origin, from Northamptonshire. John Andros (or Andrews*), the first of them connected with Guernsey, was lieutenant to Sir Peter Mewtis, the governor, and married, in 1543, Judith De Sausmarez, the heiress who brought the fief Sausmarez into the family. Their son, John, became the king's ward, in the custody of Sir Leonard Chamber lain, the governor, during a long minority, and appears as a jurat of the royal court, at the coining of the royal commissioners, in 1607. The grandson, Thomas, also a jurat, was lieutenant-governor, under Lord Carew, in 1611 ; he married Elizabeth, daughter of Amias De Carteret, seigneur of Trinity manor, in Jersey, and lieutenant-governor and baihff of Guernsey, and had many children, from whom several branches sprung. Amias, father of Sir Edmund, was the eldest son, and married Elizabeth Stone, sister of Sir Robert Stone, knight, cupbearer to the queen of Bohemia, and captain of a troop of horse in Holland. Sir Edmund succeeded his father as seigneur of the fief, and was followed by his nephew, John Andros, who, from his marriage with Elizabeth, heiress of Sir Edmund's first cousin, Charles Andros, was also at the same time seigneur d'Anneville, and by purchase from whose son, Charles Andros, in 1748, Sausma rez returned to a possessor of the original name, by whose descendants it is now held. The fief d'Anneville, which was first acquired in 1659, by the marriage of Charles Andros, the uncle of Sir Edmund, with Alice, the daughter and sole heiress of Thomas Fachion,-)- still continues in the family, of which one branch only is now remaining. To this branch belonged Charles Andros, many years lieutenant-bailiff, who died in 1805, without issue male, the maternal grandfather of John Guille, the present lieutenant-bailiff. JOHN DE SAUMAREZ, D.D., The son of John De Saumarez, esq. , a jurat of the royal court of Guernsey, and Jacquine Le Messurier, his wife, was born in the early part of the seventeenth century ; and, having graduated at the university, entered holy orders. He was a staunch royalist, and followed the fortunes of King Charles the Second with zeal and fidelity during the turbulent times of the protectorate. Upon the restoration of this monarch, he was appointed a canon of Windsor, and promoted to the valuable living of Great Hasely, in Oxfordshire, both which he retained until his death. On the suppression of presbyterianism, which had prevailed for nearly a century in this island, the office of dean, which had naturally fallen with the church establishment, was again revived with it, and King Charles the Second, by bis letter of the 15th of July, 1662, was pleased to approve of Dr. De Saumarez's presentation to the deanery, declaring, at the same time, his pleasure, that the act of uniformity, passed in England, should be observed and put in execution in Guern sey. Allusion to this circumstance is made in the inscription on the doctor's monument, which thus describes him : — " Ecclesise Anglicanse cultor sincerus et in prsedicta insula (Guernsey) instaurator." From the earliest period of his appointment to the office, Dr. De Saumarez directed his energies towards the establishment of the discipline and government of the Church of England, the maintenance of the ecclesiastical jurisdiction, and the suppression of factions and conventicles in the island ; and was instrumental in obtaining several orders in council for the furtherance of these objects. It was upon bis appointment to the deanery that the seal of the ecclesiastical court, in use in the island until 1832, (when it was set aside by Charles Richard Sumner, bishop of Winchester), was ob- * In the parish of Harlestone, in Northamptonshire, a family of the name of Andrews, anciently established there, bears the same arms as those of Andros. t The extinct family of Fachion became possessed, in 1509, under a conveyance from Robert Willoughby, knight, Lord Brooke, confirmed by grant of 38 Henry VIII. (1547), of "the manor of Anneville, with the appurtenances, with the fee Le Comte, the fee called Carteret, and the fee of Boval." The whole was comprehended under the grant to Sampson d'Anneville, in respect of which it is the seigneur d'Anneville that answers, as crown tenant, at the chief pleas of the island. The "fees" have been parcelled off; that of Le Comte, now in the family of Le Marchant, was sold by George, the father of Thomas Fachion, by deed of 1st July, 1630, to Peter Priaulx. APPENDIX. 591 tained, the motto of which, " Restauratus restauro," bears historical reference to the restoration of the monarch who granted it, and to the revival of the office. After dedicating sixty-five years to the studies and duties of his sacred calling, he died at an advanced age, in September, 1697, and was buried in St. George's chapel, Windsor, where a monument, with a Latin inscription, is placed to his memory. Dr. John De Saumarez was married to Miss Rachel Briard, by whom he had one son, Henry ; and three daughters, Rachel, Mary, and Anne-Charlotte. HENRY DE SAUMAREZ, Only son of the preceding divine. He was the inventor of a plan, having for its object the improvement of navigation, by ascertaining the distance run by a ship at sea, in a better manner than with the log-line. On the 20th October, 1715, he presented a petition to the president, members, and fellows of the royal society, soliciting their notice of his invention -, and, in the preamble of this petition, which is couched in the following terms, he gives this brief description of himself : — " That your petitioner, being the only son of the deceased Rev. John De Saumarez, ' ' who was chaplain to his majesty King Charles II. , a prebendary of Windsor, and " dean of Guernsey, has never applied himself to any trade or profession (though " he was bred in Holland to learn commerce) ; but in an easy enjoyment of a small " estate, he took his diversion in the experimental parts of mathematics, his genius " and inclination being that way, for machines and inventions, wherein he spent " about the twenty-two years last past, confining himself towards a retired sort of " life, within his little laboratory. And of late he fixed his projects upon a " particular invention, towards the improvement of navigation, which your peti- " tioner could not bring to effect in the said island, for want of able workmen ; but, " being come over to London on purpose, he hath actually begun hopes (with the " blessing of God) to bring it to some perfection." The royal society refusing to entertain the petition, on the ground, amongst others, that " they did not conceive " it belonged to them," Mr. De Saumarez petitioned the crown to the same effect ; and, as a claim to royal indulgence, he states, in the latter petition, " that " being acquainted with mathematics, he hath made a plan or draught of the ' ' islands of Guernsey, Alderney, and Sark, which are noted to be dangerous " coasts to the sailors, wherein he sets forth the rocks and sands, and amongst " others the great rock called Cisquet, so fatal to many ships of this nation and " foreigners, upon which, a few years ago, your majesty's ship Dragon was cast " away, with several barks of the said islands, which she had under convoy, " coming out of Guernsey, most of which lost their lives and goods."* In a statement published by him, in 1715, and now to be met with in the British museum, the invention is described thus : — " The making of a dial which, being " placed any where on board ship, will, by correspondence with a small wheel " moving under water, and a little bell striking with the said dial, curiously " demonstrate the geometrical paces, miles or leagues, which the ship hath run, " which, being applied in a proper manner, will be of little or no hindrance to the " course or sailing of the ship. The said wheel shall turn in any depth of the sea, " so that no storm or rough sea, nor the violent motion of the ship, will alter, " hinder, or stop, the regular working thereof; but the swiftness and slowness " shall be seen and heard, by the striking of the little dial." In compliance with this petition, his majesty, George the First, was pleased to refer the matter to the board of admiralty, who thereupon consulted Sir Isaac Newton. This distinguished philosopher, in his letter dated 27th January, 1715, O.S., declines making a decided report, but states his opinion, that by means of the instrument invented by Mr. De Saumarez, " a reckoning of the distance sailed by a ship, may be kept with less trouble than by the log-line," " but," he adds, " I am not yet satisfied " that the reckoning will be so exact. I have no experience in sea affairs, nor ever * The MSS. of this survey, which are extremely curious and elaborate, are in the posses sion of the writer of this sketch. 592 APPENDIX. "was at sea, and therefore my opinion is not to be much relied on, without " the opinion of the Trinity-house." This suggestion of Sir Isaac led to an investigation at the Trinity-house, where Mr. De Saumarez attended several times, and presented the brethren with a spe cimen of his invention, in a draught upon paper, and models in wood and copper. Several objections to the invention were raised by this board, which are ingeniously combated by Mr. De Saumarez in the statement above alluded to. What was the ultimate fate of the invention we are unable to state, but the above will sufficiently prove that science had, even in those early days, made some progress in the island. Mr. De Saumarez married Margaret De Vic De Havilland, and dying without issue, this branch of the family became extinct. CAPTAIN PHILIP SAUMAREZ. Among the many naval captains who have perished in combat with the enemies of their country, there are few, if any, whose professional adventures are fraught with more general interest than those of Captain Philip Saumarez, whether we regard them with reference to the peculiar nature of the services in which this officer was engaged, or the zeal and judgment which he displayed in vanquishing the difficulties which those services entailed. The follower and confidential friend of Anson and Hawke, he bore an honourable part in most of the brilliant exploits achieved by these distinguished commanders, and from the high promise he had given, it is not unreasonable to conjecture that, had his life been spared, he would have occupied, in the naval history of this country, a position equally prominent with that which Rodney, Keppel, and Saunders, his contemporaries and brothers in arms, have since so justly attained. Falling in defence of his country, and in the hour of victory, at the early age of thirty-seven, his career was short but bril liant, and no fulsome panegyric can be imputed to that pen which, in tracing his virtues, has recorded of him, " He was one of those few whose lives ought rather to be measured by their actions than their days."* Philip De Sausmarez (or Philip Saumarez, as he was afterwards called), was descended from an ancient family in the island of Guernsey. By an inquisition, held in the reign of Edward the Second, we find Matthew De Sausmarez, his an cestor, performing homage for the hereditary seigneurie of Sausmarez, and holding the appointment of hereditary chatelain of Jerbourg castle, within the limits of the said fief, which still continues in the possession of the family. Philip, the subject of this brief memoir, was the third son of Matthew De Saus marez, by Anne Durell, daughter of John Durell, lieutenant-bailiff of the island of Jersey, and was born on the 17th of November, 1710. After undergoing a preli minary education in Jersey, he was removed to Southampton at the age of eleven, with a view to perfecting himself in the classics and mathematics, and of acquiring the English language, which at that period was but partially spoken in these islands. From his letters and journals, which display an ease and elegance of style, and from the precision and accuracy of his nautical observations and reckonings, it may be reasonably inferred that he employed to great advantage the two years and a half he spent there. f In October, 1725, he returned to his friends, where he met with his uncle, Captain Thomas Durell, of the navy, a brave and distinguished officer, through whose interest, and, with the assistance of Captain Charles Hardy, a king's letter was obtained, appointing him volunteer on board the ship Wey mouth, of 50 guns, commanded by Captain George Kendall, and fitting for the Baltic station, his appointment bearing date, February 4, 1726. Upon entering the naval service, Mr. De Sausmarez (prompted, probably, by the national prejudice which the wars had created, and which then existed in Eng- * Vide the inscription on his monument, in Westminster Abbey. t His log books, which are preserved by the family, are singular specimens of industry, and_ contain, in addition to the ordinary matter, scientific observations on the climate and habits_ of the people, and natural productions of the different places he visited, here and there interspersed by moral reflections of his own, and enriched by quotations from the most approved classical authors. APPENDIX. 593 land against everything which indicated French origin or connexion,) was induced to change the ancient name of " De Sausmarez," borne by his ancestors, to that of " Saumarez," which latter name was adopted by himself and such of his brothers as had embraced the profession of aims ; his eldest brother John, a civilian, and afterwards attorney-general of the island, alone retaining the original name, which is preserved by his descendants to the present day. From the Weymouth, Mr. Saumarez joined the Gibraltar, commanded by the Honourable George Byng, and afterwards by Captain J. Stanley : he then followed the former captain into the Princess Louisa and Falmouth, to which latter ship he belonged on the 17th of October, 1732, the day he passed his examination for lieutenant. From the period of his passing, Sir George Saunders and Lord Vere Beauclerc, his examining captains, appear to have taken the greatest interest in him. His certificates from Captains Kendall, Stanley, and Byng, were of a very flattering character ; that from the last, with whom he served upwards of five years, concludes by reeommending him " as highly deserving preferment." He subsequently joined the Blenheim and Dunkirk, on the West Indian station, the former bearing the flag of Admiral Cavendish, and remained for above two years in that ungenial climate before receiving his commission as lieutenant. The letters he wrote, while anxiously expecting this much desired step, are, on several points, so illustrative of the character of the writer, that we trust to be excused introducings hort extracts from three of them. In one, dated October 19, 1736, he says : — " It is not in my power to acquaint you with anything worthy of your " notice any further than that you will perceive by this I still am in being, and " enjoy a perfect state of health, and, like the rest of my fellow-creatures, obey " the dispensation of Providence in suffering the present, prompted by hope to " the expectation of more auspicious times. Whether, like the far greater num- " ber, I shall find it a delusion at the last, perseverance alone will enable us to " unravel." In one of the 11th January, he adds : — " I could wish it were in my " power reciprocally to enhance our satisfaction by acquainting you with my ad- " vancement — that period is not yet arrived ; fortune seems, in regard to me, to " be at a stand, and I find that I am obliged to fill up the chasm by a constant " cultivation of patience ; probably this year may prove more auspicious, and I am " in hopes of shortly seeing some revolution in my favour." In a third he writes thus : — " We have undergone a severe season this summer, the heat being exces- " sive, attended with calms that render it insupportable : this has occasioned a " great mortality, and made death quite familiar to us, it being an usual thing to " attend the funeral of friends we conversed with the day before. Though this " makes us all a kind of mechanical philosophers (if I may use the term), I do not " observe it contributes towards rectifying the morals of the inhabitants, or " making us better christians." On the 6th of August, 1736, he at last obtained the long-expected step, being appointed, by Admiral Digby Dent, lieutenant of the Kinsale, of 40 guns, the ad miral dying three hours after having signed the commission. On the 2d of July, 1738, he was removed to another ship, and on the 22d of August, 1739, was appointed by the admiralty to the Diamond, — this last confirming his two former commissions. He returned to England shortly afterwards, and visited his friends. His health, naturally delicate, required recruiting, having been seriously impaired by the West Indian climate ; but from these friends the imperious call of duty soon summoned him. It was towards the latter end of 1739 that the voyage round the world, under the command of Lord Anson, was projected. Mr. Saumarez received his appoint ment as third lieutenant of the Centurion, on the 28th of November ; but by various delays, so injurious (and nearly fatal) to the expedition, it was not till the 18th of September, 1740, that the squadron sailed from St. Helen's, consisting of the Centurion, 60 guns, and 400 men, George Anson, esq., commodore; Glou cester, Captain Richard Norris, and Severn, Honourable Edward Legge, of 50 guns, and 300 men each ; Pearl, 40 guns, and 250 men, Captain M. Mitchell ; Wager, 28 guns, and 160 men, Captain Dandy Kidd ; Tryal, 8 guns, and 100 men, Honourable John Murray, and two victuallers, the larger about 400, and P P 594 APPENDIX. the smaller about 200 tons. Of all these ships the Centurion alone returned to England with the commodore, anchoring at Spithead on the 15th of June, 1744, after having performed the voyage round the world, and been absent from Eng land three years and nine months, bringing with her a freight of £400,000, the produce of her captures, besides destroying £600,000 more which the captors were unable to convey. The fate of the other vessels was briefly this : — the Glou cester was burnt at sea on the passage to China, being no longer seaworthy ; the Severn and Pearl separated from the squadron off Terra-del Fuego, and shortly afterwards returned to England ; the Wager foundered off Wager Island, in lat. 47 30. S., on the coast of Patagonia ; the Tryal, found unserviceable, was burnt at Juan Fernandez, and the two victuallers were destroyed or sold, and their cargoes distributed amongst the squadron. In November following their departure, Captain Norris having invalided at Madeira, a change occurred amongst the officers of the squadron, and Mr. Sauma rez became second lieutenant of the Centurion; and on the 19th of February fol lowing, on the death of Captain Kidd, he became first, his predecessor, Mr. Saunders, being promoted to command the Tryal. Owing to the illness of Mr. Saunders, Mr. Saumarez was appointed to the temporary command of this sloop, and remained in her for some weeks, during which time they went through Straits Le Maire, and encountered those heavy gales in which the Pearl and Severn parted company and returned to England. On Captain Saunders assuming the command of the Tryal, Mr. Saumarez returned as first lieutenant to the Centurion, and in September following, on the capture of the Spanish ship Carmelo, off Juan Fer nandez, the guns of one of the victuallers were put in her, and he was appointed to command her. In her he took a short cruize off the island of Masafuera, and was present at the taking and burning of the town of Paita. When the commodore determined on crossing the Pacific and proceeding to China, he resolved on destroying the prizes, though one of them was perfectly capable of undergoing the voyage ; but as the whole numbers on board the squad ron, (the remains of the crews of the Centurion, Gloucester, Tryal, and the two victuallers, about 1,000 men when they left England,) were reduced by sickness to 330, these would not have been sufficient to navigate three ships ; so it was de termined to proceed with the Gloucester and Centurion alone ; and, in conse quence of this arrangement, Mr. Saumarez again returned to the Centurion. It was during this passage, and in order to refresh the crew, which had again been reduced by the scurvy to such a degree that, including negroes and Indian prisoners, not more than 70 men could be found capable of standing to a gun, (this included the Gloucester's crew, she having been destroyed a fortnight pre viously, and her men sent to the Centurion,) that the commodore put into the island of Tinian, which, from the quantity of wild fruits with which it abounded, such as currants, oranges, limes, and lemons, besides the bread fruit, and a plen tiful supply of wild cattle, hogs, and fowl, was admirably adapted to afford the relief they so much needed. Tents were immediately erected on shore, whither the sick and a greater part of the remaining crew resorted, when an accident happened which threatened to have been the most severe of any they had yet encountered. On the 21st of September, Mr. Saumarez being then the senior officer in com mand on board, a violent gale sprang up, which drove the Centurion from her anchors, and blew her out to sea, with a very reduced crew, and that crew debili tated from the effects of scurvy. The commodore, who was left behind, and those with him, had given her up for lost, and were building a boat to take them from the island, when, on the 11th of October, to the astonishment of all, she hove in sight, and that night anchored amongst them, having been driven by the wind and current upwards of ninety leagues to the south-west of their port, which they had to regain against a strong westerly current. On the 12th of November, 1742, the Centurion arrived at Macao, where she remained until the 19th of April following. Here she was hove down, repaired, and rendered as capable as their resources allowed, to encounter the Spanish gal leon, which annually left Acapulco for Manilla, and which, on that day, they sailed in quest of. After cruizing off Cape Espiritu Santo for one month, with fluctuating APPENDIX. 595 hopes and anxieties, graphically described in the narrative, a sail was discovered at day-light on the 20th of June, which proved to be the object of their search. The action commenced about one, and, in one hour and a half, the British became possessed of this valuable prize, to the attainment of which their hopes and en deavours had been directed ever since they quitted England. She was called the Nuestra Senora del Cabadonga, commanded by Don Juomino de Montuo, a Portuguese of the most approved skill and courage, and carried a freight to the amount of £300,000. It has been remarked upon as a singular omission, that in the account given of the capture of the Manilla ship, in Lord Anson's voyage, the services of none of the officers are particularized : this will appear doubly remarkable when it is con sidered that the prize was considerably larger than the Centurion, had a greater number of men, was commanded by a most approved officer, and had 50 men killed, and 70 wounded, whilst the Centurion had only 3 killed, and 16 wounded. These circumstances unquestionably prove the superior tact and exertion of the captors, and the skill and judgment exercised by the officers in their respective stations. That the commodore approved of Mr. Saumarez's conduct, may be in ferred from his immediately appointing him to command this valuable prize, with the rank of post captain. After the action, the Centurion and her prize returned to China, where the latter vessel, being shortly afterwards sold, Captain Saumarez rejoined the Centurion, and sailed in her for England on the 15th December, 1743. The limited space allowed us, in this brief sketch of this esteemed officer, pre vents our offering any extracts from his logs and journals, which, together with many of his private letters, are replete with valuable and acute information upon this and other leading incidents which attended this very remarkable and eventful voyage. His account of the many disasters which befel them, the dangers they overcame, the difficulties they contended against, and the privations they sustained, illustrate, in a prominent degree, the genius, energy, and perseverance displayed in combating events of so trying a nature. From the situations he held during the whole of the expedition, Mr. Saumarez must, in all these, have sustained a conspi cuous part, and the appointments Lord Anson bestowed upon him, and the friend ship he ever after evinced towards him, show that he acquitted himself to the satisfaction of this great commander; "an officer," as his biographer states, " whose discreet and fortunate choice of officers was not the least amongst the " services which will immortalize his name." The truth of this remark will receive further confirmation when it is remembered that (besides Mr. Saumarez,) Sir Charles Saunders, Sir Piercy Brett, Sir Peter Dennis, and Lord Keppel, were amongst the lieutenants serving in the Centurion. On his arrival in England, Captain Saumarez's appointments were all confirmed by the admiralty, and, shortly afterwards, instead of visiting his native land, he retired to Bath for the benefit of his health, which had been seriously impaired by the hardships and sufferings experienced in the late expedition ; but his active dis position and eager pursuit of glory, which not even disease could damp, would not allow him to remain long inactive. Writing to his brother John, and in answer to a pressing invitation from his friends that he would visit Guernsey, he says : — " As to any prospect I can give " you of going over, I can only say that there is no such thing as perfect happi- " ness in this world; be persuaded I should esteem it a great privilege to pass " some time with my friends, and particularly with you, after our tedious absence, " but there are at present such inconveniences and obstacles which interfere, I " cannot prudently flatter myself or my friends with any such pleasure, or think " of venturing on salt water, until the government entrusts me with the command ' ' of one of its floating fortifications. I shall then, without hesitation, launch out " ' ubi fata vocant,' and try what fund of reputation I can amass before a peace " ensues." The fulfilment of this anticipation was not long delayed. On the 27th of June, 1745, he was appointed to the Sandwich, and in July following, sworn in to the command of the York. In this ship he served under the orders of Admirals Vernon, Lord Forrester, Martin, and Lestock, and was actively em ployed cruizing in the Channel and Bay of Biscay, escorting convoys, &c, and p p 2 596 APPENDIX. commanded a squadron sent to watch the enemy off Calais, Dunkirk, and Ostend, his services receiving the approbation of the admiralty. The following anecdote tends to show the esteem in which he was held at the admiralty : — Whilst in command of the York, a report prevailed that one of our frigates had been lost on the French coast. The Duke of Bedford, as one of the lords of the admiralty, on reporting this to the King, added, " That it was feared " it was the York, and he was sorry for it, as she was commanded by a gallant " young officer, who ventured a great deal ;" and, on his return to England, a letter from the admiralty states, ' ' Their lordships were in great pain for him when it was " reported he was lost, and were glad he was safe ;" and in a letter addressed to him by the secretary of the admiralty, with reference to a complaint made by the petty officers late belonging to the Elizabeth, but then in the York, the writer states, " That he had it in command to let him know their lordships had too good " an opinion of him slightly to credit any thing to the disadvantage of his charac- " ter." On the 19th of July following, on his being removed from the York to the Yarmouth, Lord Anson writes to him thus : — " Dear Sir, — I hope you will think I have judged rightly for you ; you are removed from the York, and must expect the first vacancy. I need not assure you that I should be glad to have you in my squadron, and shall endeavour it when an occasion offers, for you know me to be your friend and humble servant, "July 19. " G. Anson." On the 9th of September, 1746, he was appointed to command the Nottingham, of 60 guns, and 400 men, which ship formed part of Lord Anson's squadron, and was under the temporary command of Lieutenant Dorrill. Captain Saumarez was ordered to proceed to her in the first ship, but the Nottingham having arrived at Plymouth at the latter end of that month, he assumed the command, and shortly afterwards proceeded to cruise off Cape Clear. From the time he had entered the navy, he had been often heard to say, that his great ambition was to be made a captain, and fall in with an enemy of equal force. These wishes were realised on the 11th October, 1746, for on that day he engaged and captured the Mars, a French ship, of sixty-four guns, and 425 men. The action commenced about seventy miles south-west of Cape Clear, and lasted two hours. The Nottingham had three men killed and sixteen wounded, and the Mars computed her loss at twelve killed and forty wounded. She was extremely shattered in the hull and rigging, having had nine shots through her mainmast. She was commanded by the Chevalier De Crenay, and had formed part of a squadron, commanded by the Due d'Anville, designed for an expedition to America, having on board a quantity of tents, arms, and bales of clothing, to supply the Indians. Captain Saumarez proceeded with his prize to Plymouth, and she was purchased in the navy for £14,950. Numberless were the congratulations he received from his friends on his good success, nor were the admiralty backward in offering their tribute to the courage and ability displayed on this occasion, as may be seen by the official letter from the board, besides private ones from the Duke of Bedford, Lord Vere Beauclerc, Lord Sandwich, and others. Another, and to his generous mind, perhaps the most gratifying tribute was from his prisoner, the Chevalier De Crenay, who, besides writing to the admiralty, expressive of the kindness he had received from his captors, writes to Captain Saumarez in these terms : — " Je serais bien touchy si je partais avant que d'avoir l'honneur de vous embrasser, et vous r&terer mes tr&s-humbles remercimens des politesses et des services que vous avez bien voulu me rendre: vous avez plus que personne contribu^ a me procurer ma liberty vous avez joint a cela, monsieur, une grande generosity, dont je ressens les bienfaits Je vousprie d'etre bien persuade du desir que j'aurais de vous pouvoir donner des preuves de ma vive reconnaissance, et de trouver des occasions de vous fitre bon a quelque chose j et vous pouvez compter avec quel plaisir je chercherai a vous prouver que j'ai l'honneur d'etre, plus que personne au monde, monsieur, " Votre tres-humble et tres-obeissaut serviteur, (Signed " Le Chevalier Crenay." Shortly after, having taken his prize to Plymouth, Captain Saumarez received orders to have his ship ready for sea, and to place himself under the orders APPENDIX. 597 of Admiral Anson. Whilst on a cruize, he burnt a French privateer, of 18 guns, and 143 men, on the coast of France, and soon after, in company with the Edin burgh and Eagle, he took the Bellona, of Nantes, a valuable armed ship, which netted £4,048. On the 3d of May, 1747, his ship formed one of Lord Anson's squadron in the victory obtained over the French fleet, commanded by Monsieur De La Jouquiere, when six men-of-war, and three East Indiamen fitted as men-of-war, were cap tured from the enemy. It was in this action that the French admiral, on present ing his sword to Lord Anson, paid him that very elegant compliment which deserves to be recorded: Pointing to two ships, the Invincible and Gloire, in possession of our squadron, he said, " Monsieur, vous avez vaincu I' Invincible, et " la Gloire vous suit." After the action, the admiral detached the Nottingham, Monmouth, and Yarmouth to pursue the convoy : these ships had the good for tune to capture four very valuable St. Domingo vessels richly laden. The treasure taken in this action consisted of 45 casks, and 125 chests of silver, valued at up wards of £300,000, which was conveyed to London in great state. Captain Saumarez afterwards continued cruizing under Admiral Warren, from which service he was called to take part in the action in which he gallantly fell. On the 10th of September, he was ordered to join Admiral Hawke, and on the 14th of October following, the memorable action with the French squadron, commanded by Monsieur De L'Etendiere, took place off Brest. In this hard- fought battle, the French were inferior to the Enghsh in point of force, but had the advantage of the weather gage, and fought with great bravery, with the excep tion of the Tonnant, of 80 guns, the French admiral's ship, and the Intrepide, 74, which latter ship, having kept to windward, had suffered but little. These two ships endeavouring to escape were immediately pursued by Captain Saunders, in the Yarmouth, Captain Saumarez, in the Nottingham, and Captain, afterwards Lord, Rodney, in the Eagle. The Eagle, in consequence of her disabled condi tion, was unable to come up with the flying enemy, but the Yarmouth and Not tingham engaged them near an hour, and would in all probability have overpowered them had not Captain Saumarez been killed by a shot from the Tonnant, which forced the Nottingham to haul her wind. Thus gloriously fell, in the flower of his days, Captain Philip Saumarez, a man who, whether he be regarded as an officer or a christian, will equally claim our admiration and esteem. He was brave, generous, and humane ; beloved and respected in private life : of his public virtues these imperfect memoirs will testify. His body was conveyed to Plymouth on board H.M.S. Gloucester, commanded by Captain Philip Durell, his brother-in-law, who also bore a distinguished share in this action. By his will, dated on board the Nottingham, on the 30th of June, 1747, Captain Saumarez, after leaving the bulk of his property to his nearest rela tions, gives the sum of £100 to the poor of the parish of St. Peter-Port, and minor legacies to all the officers serving with him in the Nottingham, and directs his executors to present mourning rings, varying in value, to his esteemed friends Admirals Anson and Sir Peter Warren, and to his brother officers Captains Coates, Mostyn, Keppel, and Rodney. He then requests that, should he die in action or in command, his corpse should be buried with military honours at what ever port the ship should touch, and leaves £30 to the surgeon for the trouble of embalming his body. Both these requests were implicitly complied with ; he was interred in the old church at Plymouth with all the honours due to his exalted character, and a tablet, with a suitable incription, was erected to his memory, as was also a monument in Westminster Abbey. The surgeon who embalmed his body states, that, had he survived the action, he could not have lived a year longer, his lungs being grown to his side, and com pletely wasted from disease, hastened by the extraordinary vicissitudes and trials to which his services of nearly twenty-one years had subjected him. The brothers and sisters of Philip Saumarez were John, attorney-general in the the island of Guernsey ; Matthew, eminent in the medical profession,, and father of the late Admiral Lord De Saumarez, served some time as a naval surgeon ; Thomas, captain R.N., and William, also in the navy. His sisters were Anne, 598 APPENDIX. married to Philip Dumaresq, a captain in the army ; Elizabeth, married first to Captain George Durell, R.N., and, secondly, to Admiral R. Collins ; and Mag dalen, married to Admiral Philip Durell, besides others who died when young. A portrait of Captain P. Saumarez, reputed to be a striking resemblance, is preserved in the old family mansion by the heirs of his nephew, the late Thomas De Sausmarez, son of his eldest brother John. CAPTAIN THOMAS SAUMAREZ, R.N. This officer, son of Matthew De Sausmarez, and a younger brother of Philip, also accompanied Lord Anson in his expedition round the world, a circumstance to which may be attributed his early promotion in the naval servicei In November, 1757, we find him in command of H.M.S. Antelope, capturing a large Bayonne privateer. In recording this exploit, the historian Smollett pays the following just tribute to the vigilance of our British cruisers in those days : — " The narrow " seas were so well guarded, that in a little time scarce a French ship durst appear " in the English Channel, which the British traders navigated, without molesta- " tion." — (Smollett's History of England, vol. iv. p. 225.) Whilst in command of the Antelope, Captain Saumarez was employed in convoying the trade between the West Indies and Bristol. In the month of November, 1758, when lying in the Bristol Channel, he received intimation that a French line-of-battle ship had been seen off the island of Lundy, whereupon he immediately slipped his cable, and proceeded in quest of her. The ensuing morning he came up with the enemy, which proved to be the Bellequeux, of 64 guns : the French captain hove up his anchors, and made a show of preparing for an engagement, but, on receiving a few shots, hauled down his colours and surrendered, with a complement of 470 men, to a ship of inferior force, both in numbers and weight of metal. When brought on board the Antelope, as a prisoner, the French captain stated that he had been driven into the channel by mistake and stress of weather, and declared, with some hauteur, that the chivalry of the English commander ought either to furnish him with means of getting out of the channel, or of returning on board his ship to fight the Antelope. This proposal (so repugnant to all the rules of warfare) was of necessity declined by Captain Saumarez, but the refusal was accompanied by a suggestion that the prize would be immediately carried into Plymouth, which would afford monsieur an opportunity of petitioning the admiralty for his release, and a hope was moreover expressed that, should he succeed herein, they might soon meet again under similar circumstances. Singular as it may appear, the in fatuation of the Frenchman induced him to present a petition on the subject, which was answered by a polite intimation from the board, that if he could prove the Bristol Channel to be neutral ground, their lordships would then, but not before, accede to his demand. For these and other services rendered to their trade, the corporation of Bristol, by an unanimous vote, presented Captain Saumarez with a gold cup, valued at one hundred guineas, which was left under his will to his brother John, and descends as an heir-loom in the family. Captain Saumarez was married to Miss Mountstephens, of the county of Corn wall, and died in 1764, without issue, at his seat, near Rickmansworth, in Hert fordshire, which he had purchased in order to be near Moore Park, the residence of his patron, Lord Anson, with whom, to the last, he lived upon terms of the greatest friendship. LIEUTENANT CARRE TUPPER, R.N. The common ancestor of the Guernsey family of this name was John Tupper, who settled in the island about the year 1592. He was an English gentleman, of German extraction, his forefather, it appears, having, about the year 1525, fled from Cassel during the rehgious persecution in the reign of Charles the Fifth. The elder son of this John Tupper married Elizabeth, daughter of Hilary Gosse lin, procureur-du-roi, or attorney-general, — the younger removed to England. It APPENDIX. 599 was the grandson of John Tupper and Elizabeth Gosselin who received the medal from Wilham and Mary, as related at page 124, and the fatality which of late years has attended his few lineal descendants will appear in the following summary : 1. — Lieutenant Carre Tupper, H.M.S. Victory, only son of Major-General Tupper, slain at the siege of Bastia, on the 24th of April, 1794. 2. — William De Vic Tupper, his first cousin, mortally wounded in 1798, in a duel in Guernsey, with an officer in the army, and died the day following. 3. — John E. Tupper, aged twenty, perished at sea, in 1812, in the Mediterra nean, the vessel in which he was a passenger, from Catalonia to Gibraltar, having never been heard of since. 4. — Charles J. Tupper, aged sixteen, a midshipman of H.M.S. Primrose, drowned in 1815, at Spithead, by the upsetting of the boat in which he was accompanying his captain to the ship. 5. — Lieut. E. Wilham Tupper, H.M.S. Sybille, aged twenty-eight, mortally wounded in her boats, June 18, 1826, in action with a strong band of Greek pirates, near the island of Candia. 6. — Colonel William De Vic Tapper, Chilian Service, aged twenty-nine, slain in action near Talca, in Chile, April 17, 1830. The four last, sons of John E, Tupper, and Elizabeth Brock, his wife, and nephews of William De Vic Tupper, already named, and also of Major-General Sir Isaac Brock, K.B., of Lieut.- Colonel John Brock, and of Lieut. Ferdinand Brock, who all fell by the bullet, 7. — Colonel William Le Mesurier Tupper, of the British Auxiliary Legion in Spain, and a captain in the 23d, or Royal Welsh Fusiliers, mortally wounded near San Sebastian, May 5, 1836, aged thirty-two. — Colonel Tupper was nephew of W. De Vic Tupper, and first cousin of the four brothers last named. By a most extraordinary coincidence, Brock and Frederick, the sixth and seventh sons of the said J. E. Tupper — both passengers in H.M.'s packets from Rio Janeiro to Falmouth — died at sea on the same day of the same month (15th August), and the remains of both were committed to the deep, the former in 1833, aged thirty, and the latter in 1837, aged thirty-three. John Tupper, third son of Daniel, by his wife, EUzabeth, daughter of Elisha Dobree, of Beauregard, obtained, in 1747, a commission by purchase in General Churchill's regiment of marines, that corps being then differently constituted to what it is now. He served as a captain at the celebrated defeat of the French fleet in Quiberon bay by Sir Edward Hawke, in 1759 ; as a major and commandant of abattalionatBunker'shill,inl775*, where he was slightly wounded, and where the marines, having greatly distinguished themselves, won the laurel which now encircles their device ; and as a colonel in Rodney's victory of the 12th of April, 1782, having been especially sent from England to command the marines in the fleet, about 4,000 men, in the event of their being landed on any of the enemy's West India islands. At his decease, in January, 1795, he was a major-general in the army, and commandant-in-chief of the marines. His only son, Carre, born in 1765, was made a lieutenant in 1782, a few days after he had completed his seventeenth year, and appointed by Sir Peter Parker to the Sandwich, his flag ship at Jamaica. The peace of ten years, which soon followed, proved a bar to his further ad vancement, although during this period he was constantly employed in different ships ; and in 1791, being then a lieutenant of the Culloden, he saved, in a most gallant manner, the life of a seaman who had fallen from the fore yard into the sea, the ship being at the time under sail on her way out with the squadron from Carlisle Bay, Barbadoes. In the beginning of September, 1793, while serving in the Windsor Castle, 98 guns, Vice-admiral Cosby, off Toulon, he volunteered to take the command of Fort Pomet, near that city, the garrison of which consisted of one hundred and fifty seamen and soldiers. This fort was commanded by an adjacent eminence, on which the enemy erected two batteries, one of two 12-pounders, the other of three * Major Tupper succeeded to the command of the marines, of whom there were two battalions at Bunker's hill, after the fall of the gallant Major Pitcairn, and was honourably mentioned in the general orders of the day. 600 APPENDIX. 8-pounders, with a 12-inch mortar, and from which they kept a heavy fire on Fort Pomet during the day, as well as endeavoured to surprise it during the night. But by his activity and resolution, not pulling off his clothes for many weeks, Lieutenant Tupper frustrated every attack, and the garrison having, with very great labour and fatigue, strengthened the fort, by placing on the walls large casks and nearly fifteen hundred sacks filled with earth, the defence was protracted until the 9th of December following, when it was found necessary to blow it up. For his services on this occasion, Lieutenant Tupper received the repeated approba tion and thanks of Lord Mulgrave, and Generals O'Hara and Dundas, succes sively commandants of Toulon ; and, on his quitting Fort Pomet, Lord Hood immediately appointed him a lieutenant in his own flag-ship, the Victory. On the morning of the evacuation of Toulon, Lieutenant Tupper again volun teered to accompany Sir Sydney Smith in the perilous undertaking of setting fire to the arsenal and French ships of war in the harbour. Lieutenant Tupper having been charged with the destruction of the general magazine, the hemp, pitch, and other store houses, was employed the whole day, with his boat's crew of only seven men, in placing the combustibles, expecting that the gates of the yard would be forced open every moment by the enemy, and that they would be all put to death. On the preconcerted signal being made in the evening, Lieutenant Tupper set fire to the different combustibles, (no officer being in the dock yard that night but himself,) but owing to the wind being very light, the destruction, although great, was not so complete as the awful blaze at first gave reason to suppose. Having performed his dangerous task, Lieutenant Tupper proceeded, in his boat, to assist Sir Sydney Smith and Lieutenant R. W. Miller* in setting fire to four sail of the Une, which had escaped the flames of the Vulcan, fire-ship. From Toulon, the British fleet proceeded to the reduction of the island of Corsica ; and in February, 1794, while near the town and formidable batteries of San Fiorenza, Lord Hood detached the boats under Captain Cookef to endeavour to prevent the destruction, by the French, of two of their frigates at anchor under the batteries. One of the frigates was burnt, but the other, although scuttled, was saved ; and as the boats quickly pushed on towards the town, which the enemy were evacuating, Lieutenant Tupper, being the second person who landed, immediately ran to the citadel, and hauled down the French colours, which he afterwards delivered to Lord Hood. On the 1 1th of April, Lord Hood entrusted Lieutenant Tupper with his sum mons of surrender to the commandant of Bastia, and, singularly enough, he, who carried the summons, was the only British officer who was slain before the place. On the 24th April, 1794, Lieutenant Tupper having volunteered to obtain information, if possible, relative to the state of the French garrison of Bastia, he proceeded after dark on this perilous service, and his boat having unfortunately grounded at ten o'clock p.m., under the walls, he was endeavouring to get her off when she was discovered by a sentinel on shore, who fired at her, and the bullet unhappily striking Lieutenant Tupper in the heart, he instantly expired.J Thus fell, in the pride of manhood, a most zealous and intrepid officer, and his fate was the more lamented because Lord Hood had promised him the first com mander's vacancy for his services at Toulon, which vacancy occurred only two days after his death, and was consequently conferred on the late Vice-admiral Sir John Gore. And we have heard, but cannot vouch for the fact, that the admiralty had promoted him for those services, and sent out his commander's commission, before the intelligence of his death was received in England. Had his life been spared a few years longer, he would probably have found an opportunity of distin- * Captain R. W. Miller, commanding the Theseus, 74, was killed in 1799, by the accidental explosion of some shells on board his ship, employed under Sir Sydney Smith, in the defence of Acre. He commanded the Captain, 74, at the battle of St. Vincent, and the Theseus at the battle of the Nile. t Captain Edward Cooke, while commanding the Sybille frigate, was mortally wounded in 1799, In the capture of the Forte, a French frigate of much superior force, in the Bay of Bengal. The present Commander N. Mauger, of Guernsey, was third lieutenant of the Sybille on this occasion, and first took possession of the prize. t See United Service Journal for 1840, pp. 174, 341. APPENDIX. 601 guishing himself, in a higher rank, in the many glorious engagements which soon after ensued, as did his more fortunate brother lieutenants at Toulon, Edward Cooke, R. W. Miller, and John Gore. In person, Lieutenant Tupper was tall and uncommonly handsome, being up wards of six feet hi height, well proportioned, and of a most pleasing countenance. COLONEL SIR GEORGE SMITH, Aide-de-camp to the king, commenced his military career in 1778, as ensign in the 25th regiment, and shortly afterwards accompanied it to the relief of Gibraltar. During the peace that followed, excepting a short leave of absence, he was on duty with his regiment in that garrison. At the breaking out of the war, in 1793, being then captain, he embarked, in charge of a detachment, on board the fleet under the command of Lord Hood, and was present at the taking possession of Toulon ; he was engaged in the principal affairs during the service there ; and, in defence of Fort Mulgrave, a most important post, on which depended the occupation of the harbour, he received a severe wound through the thigh. In acknowledgment of his spirited behaviour on that day, he was nominated to the staff by Colonel Lord Mulgrave, and continued by Generals O'Hara and Dundas, as they succeeded to the command of the army. In a sortie, made against the works of the enemy, he was a second time wounded. In the year 1794, he was at the landing in Corsica, the taking of St. Fiorenzo, the capture and destruction of the French frigates and gun-boats, and, subse quently, the siege and capture of the two principal fortresses, Bastia and Calvi. He raised a regiment of natives, and was employed by the vice-roy, Sir Gilbert Elliott, afterwards Lord Minto, in several important commands and distinct ser vices ; but his spirited and judicious conduct, at a very critical conjuncture, obtained him the most marked approbation. When the rebellion broke out in the island, and assumed so serious an aspect that the communication by land was stopped, and the troops were confined to their respective garrisons, he proceeded alone into the interior, and, by his superior address, contrived to gain over a consi derable body (upwards of 2,000) of the misguided people, with which he marched to the rehef of Ajaccio, a place of the greatest consequence for its harbour, where the fleet watered and refitted. Shortly after the evacuation of Corsica, he returned to England, but was not long suffered to remain inactive. During the period when Great Britain was kept in a state of alarm by the threatened invasion, he was appointed assistant-adjutant- general in the Yorkshire district, under General Lord Mulgrave, with whom he con- tinued,until nominated lieutenant-colonel of the 20th regiment, in the year 1799, when he immediately proceeded, with the army then under the orders of Lieut. - General Sir Ralph Abercromby, to Holland. An attack, on the 10th September, made by a vastly superior force, on a post occupied by the British, near Crabben- dam, and which had been particularly confided to him, brought him again, in a very prominent manner, to notice. In spite of the repeated and obstinate efforts of the French to carry this position, they were everywhere repulsed, and, after sustaining a severe loss, were forced to retire. The following extract, from Sir Ralph Abercromby's official despatch, best conveys the impression of this officer's conduct : — "The two battalions of the 20th, posted opposite to Crabbendam and Zuyper Sluys, did credit to the high reputation which that regiment has always borne j Lieutenant-Colonel Smith, of that corps, who had the particular charge of that post, received a severe wound in the leg, which will deprive us for a time of his services. " Schuyer Brag, September 11, 1799." In 1800, he was employed, with the 20th, in an expedition under Brigadier- General the Honourable Thomas Maitland, which was destined to attack various posts on the French coast. It was attended with partial success only, and, the main object not being found practicable, it was given up, and the 20th ordered to reinforce the garrison of Minorca. The expedition to Egypt, in 1801, in which a part of the troops from Minorca 602 APPENDIX. •* was taken to assist, afforded another opportunity to this officer of eminently dis tinguishing himself. On the 25th August, Major-General Sir Eyre Coote, anxious to push as near as possible to the enemy's works, employed Lieutenant-Colonel Smith, with the 1st battalion 20th regiment, and a detachment of dragoons, to attack and drive in the advanced posts. He commenced operations after dark, by turning the left of the enemy, and, scouring the hills as he advanced, he effec tually accomplished his purpose. The gallant performance of this service is thus noticed in the Gazette : — "The cool and spirited conduct of Lieutenant- Colonel Smith, and the corps and detach ment under his command, is well deserving of praise : not a man attempted to load, and the whole was effected by the bayonet." At the close of the Egyptian campaign, Lieutenant-Colonel Smith proceeded with the 20th regiment to Malta, and soon afterwards the reduction that took place left him at liberty to return to England. Whilst preparing for his depar ture, he received the most flattering proof of the sentiments of his brother officers, in a letter addressed to him by Lieutenant-Colonel Ross, the same officer who afterwards acquired such distinction at Washington, and whose death, in 1814, near Baltimore, was so justly deplored by his country : — " Sir, — I am directed by the officers of the first 20th regiment to state to you that, as to your constant and unremitting exertions, they feel indebted for the honourable employment upon which the first battalion has been engaged, they must ever with pleasure recollect the period during which they were under your command, nor can they, without feeling the utmost regret, find themselves deprived of a commanding officer to whom they owe so much. Anxious to convey to you the strongest assurances of respect and esteem, they request your acceptance of a sword, which, as a soldier, they trust you will receive as the most marked testimony they can offer of the high opinion they entertain of your merit, of the satisfaction you afforded while in command, and of the regret they feel in losing you. " May you have health to wear it, and, when you draw it in defence of your king and country, may it be the good fortune of the 20th to be under your command. "Robert Ross." "Vittoriosa, March 15, 1802. Such a mark of admiration and esteem, from a whole corps of officers, was highly creditable to the character of Lieutenant-Colonel Smith, and could not fail being extremely gratifying to the feelings of a soldier. The inscription on the sword states it to be a token of regard from the officers, in testimony of then- high sense of his meritorious and exemplary conduct, and it bears the dates " 10th September, 1799," and " 25th August, 1801," and the motto " Te duce, quid non?" He was now called to fill the situation of secretary to Lord Mulgrave, minister for foreign affairs, and, in the year 1805, selected by his majesty's government to proceed upon a confidential mission to Naples and Sicily. Whilst traversing Sicily in the execution of his duty, he was struck by malaria, and under its effects brought to the brink of the grave, receiving a shock to his constitution from which he never recovered. From Sicily he was appointed to join the Archduke Charles, in Germany, to whose head quarters he was attached, and thither he proceeded, notwithstanding the state of his health. On his return to England, his illness having in some degree abated, his eagerness for active service led him to seek fresh employment at Copenhagen. There, at the head of the 82d Regiment, to which he had been recently appointed, his able and gallant conduct soon attracted notice, and this field proved no less fortunate than Toulon, Holland, and Egypt.'in confirm ing his professional merit, and securing to him the approbation of the general commanding. Lord Cathcart manifests his sense of Lieutenant-Colonel Smith's services in his public orders, as well as in bis official communication to Lord Castle- reagh, of the military occurrences before that capital ; in the latter he says — " Lieutenant-Colonel Smith, with the 82d regiment under his command, held the post at the wind-mill on the left, which, for the greater part of the time, was the most exposed to the gun boats and sorties of the enemy, and the unremitting exertions of that officer claim particular notice. " September 8, 1807." On this occasion he had the honour of knighthood conferred upon him. The same year he embarked on a particular service, under the command of Lieutenant- APPENDIX. 603 General Sir Brent Spencer, but the great change of affairs in Spain caused it to be relinquished, and he came home with the result of some negotiations entered into with the Spanish authorities at Cadiz. On his arrival, he received an additional testimony of his majesty's own appro bation, by being appointed his aide-de-camp. His exertions amidst the constantly recurring attacks of his disease rendered a short repose necessary ; he sought it in his native isle, and was in a slow progress of recovery, when, in 1809, he was again called for on a very important occasion, a mission to Cadiz, and one of his majesty's ships, the Hope, was despatched to take him to his destination. His high sense of military duty never admitted an idea of hesitation ; he proceeded thither contrary to the advice of his friends, who, from the weak state of his health, anticipated the fatal event which took place within a month after his arrival. Thus died Colonel Sir George Smith, in the 49th year of his age, at a period when, from the distinction he had already attained, the higher destinies of his pro fession seemed to be awaiting him. His remains were conveyed on board his majesty's ship Viper with military honours, the troops lining the streets to the water's edge, accompanied by Captain Stewart, of the 82d regiment, his secretary. This faithful friend had determined not to quit the body till he had seen it interred at Gibraltar, but he was never fated to perform his melancholy duty. The Viper was never heard of after leaving Cadiz, and is supposed to have foundered, consigning all on board to one common grave. It is not in the partial testimony of friendship, but in a faithful detail of services, and in the record of them by the generals under whose orders they are performed, that the professional merit of an officer can be best appreciated. The conduct of Colonel Smith brought him forcibly to notice at a very early period of his military career, and every subsequent occasion upon which he was employed, it will be seen, served but to enhance that character which his brilliant exploits had before acquired him. His zeal in his profession and his judgment in the direction of it were excellent ; but, for several years, alas, both were exerted under the cruel dis advantage of ill health, even to the hour of his death. Regard for his virtues, and respect for his character, made his loss severely felt by all who knew him, either in the discharge of his public duty, or more intimately by the contemplation of his many endearing qualities in private life. He was in the army upwards of thirty years, in the course of which he had been three times severely wounded, and though his death might not be accounted so glorious as if he had fallen in battle, this consideration is due to his memory, that his life was lost equally in the service, and from the most manifest devoted- ness to the interests of bis country. Sir George was the eldest son of Captain Thomas Smith, royal invalids, and Mary De Havilland, his wife, and was united to his first cousin Carterette, eldest daughter of Sir Peter De Havilland, bailiff of Guernsey, and left his widow with two daughters, one of whom married Mr. Augustus Frederick Dobree, and the other Mr. Joshua Priaulx. MAJOR-GENERAL LE MARCHANT. The family of Le Marchant has long been settled in Guernsey. There is a tra dition that it passed over from Normandy soon after the conquest. A fine old gateway, with the Le Marchant arms inscribed on it, stood near Cherbourg, until the revolution. James Le Marchant* was a jurat of the royal court, in the reign of King John. In the following reign, Robert Le Marchant acquired an estate at Bursenhall, in the county of Southampton,-)- and others of the name held lands in Somersetshire, Devonshire, and Herefordshire, in the reigns of Edward I. and II. One of them represented the borough of Wells in parliament.:]: Peter Le Mar- * Copies of a record are extant, respecting the erection of a bridge at the Vale, in 1204. James Le Marchant is one of the jurats named in it. (See page 456.) t Testa de Nevill, Temp., Hen. 3, Edw. 1. t Palgrave's parliamentary writs. 604 APPENDIX. chant was bailiff and lieut. -governor of the island during a great part of the reign of Edward I., having been the deputy of Otho De Grandison, whose oppressive administration we have already had occasion to notice. He died in 1335, leaving two sons. John, who succeeded him as bailiff, and gained such honour by his gallant defence of Jersey, against the French, died without issue. Denis married Janet De Chesney,* and was the progenitor of the various branches of the Le Mar- chants, which have since flourished in the island. Of the two chief branches, the younger dates its origin in the reign of Henry VI., from Drouet Le Marchant, who was captain of Beauregard, the citadel of St. Peter-Port, under the celebrated Warwick, the lord of the isles. Others of the family appear likewise to have been soldiers, and to have served with credit, as their honourable conduct is referred to in the grant of the coat of arms now borne by their descendants. It is not known that any of them settled out of the island until the period which we are now approaching. Thomas Le Marchant, of Le Marchant manor, a younger branch of the L'Hyvreuse family, and lieutenant-bailiff of the island, in the reign of George II., married first, Catherine Mauger, of the same family with the wife of the Protector, Richard Cromwell ; by her he had issue two sons, Thomas and John. He mar ried secondly, Mdlle. Hirzel, a French protestant lady, of the noble family of St. Gratien, near Amiens, in Picardy, and the heiress of Lewis, Count d'01on,f the lieutenant-governor of the island : by her he had no issue. His eldest son, Thomas, the colonel of the west regiment of militia, was perhaps the most accomplished of the Guernsey gentlemen of his day. He passed many years in Italy and Germany, and was eminent for his taste in literature and the fine arts. He commenced a history of the island, for which he had collected materials in Normandy, but unfortunately not having the perseverance requisite for such a work, it was never finished. He married Miss Fiott, and died without issue, at an advanced age, at Exeter, in 1816. John, the second son, was educated at Pembroke college, Oxford, but he left the university without a degree, upon obtaining a cornetcy in the 7th dragoons, with which regiment he served the last three campaigns of the seven years' war, in the army of Prince Ferdinand, of Brunswick. He retired on half-pay upon the peace of Aix-la-Chapelle, when he married Maria Hirzel, of St. Gratien, the eldest daughter of the Count de St. Gratien, a marechal-de-camp of the Swiss guards, in the service of France, the niece and eventually heiress of his step mother. He died at Bath, in 1794, leaving issue two sons, of whom the elder, John Gaspard Le Marchant, entered the army as an ensign in the royals, in 1783. He accompanied his regiment to Gibraltar, where he passed several years without promotion, and despairing of advancement in the line, he exchanged into the Inniskilling dragoons. The countenance of Lord Heathfield brought him under the notice of the king, and in three years he obtained his troop. In 1793, he joined the army in Flanders, under the Duke of York, and having distinguished himself in an attack on the French infantry, at Cassel, he was appointed brigade- major to the Hon. General Harcourt, with whom he served the campaigns of 1793 and 1794. In the latter year he purchased a majority in the 16th light dragoons, then commanded by General Harcourt, and returned to England. In 1795, Major Le Marchant laid before the commander-in-chief a plan for the introduction of a sword exercise throughout the service, which was adopted and is universally allowed to have promoted, in a very high degree, the efficiency of the British cavalry. For this he was appointed, without purchase, lieutenant- colonel of the 7th light dragoons. His next undertaking was the estabUshment of an institution for the military instruction both of officers and of youths intended for the army, and after many difficulties which nothing but his ardour and energetic spirit and perseverance enabled him to surmount, the royal military college was founded by the king's warrant, in 1802, and he was appointed the lieutenant- * This illustrious Norman family appear to have held great domains in the island, up to the reign of Henry IV.— See p. 7, and Berry's history, pp. 140, 1, 2. t He was an ancient French refugee officer, and had attended Lord Galway as aide-de camp and secretary, at the unfortunate battle of Almauza. APPENDIX. 605 governor, with a salary and emoluments, amounting, with his regimental pay, to upwards of £2,000 per annum. This office he filled for nine years with the most distinguished reputation. Two hundred officers were educated for the staff of the army, under his eye, the quartermaster-generals, both of Lord Wellington's and Marshal Beresford's army, together with most of their assistants, being amongst them. He also found time to furnish the commander-in-chief with many useful suggestions for the improvement of the army, not the least of which was the formation of the Staff Corps, a department which proved so useful in the Peninsular war. In 1811, having attained the rank of major-general, he was removed from the college to the command of a brigade of heavy cavalry, in the Peninsula. He joined the army in the autumn of that year, and in the following January was employed at the siege of Ciudad Rodrigo, where he attended Lord Wellington during the assault. Being afterwards attached to the corps under Sir Thomas Graham, he gained great distinction by his conduct at Llerena, in Estremadura, on the 19th of April, where, with only three squadrons of the 5th dragoon guards, he overthrew and dispersed two of the finest cavalry regiments in the French service, with the loss of five hundred men in killed, wounded, and prisoners. At the battle of Salamanca, 22d of July, 1812, General Le Marchant's brigade was posted on the right centre of the allies. The communication between the centre and left of the French having been broken, partly by General Thomiere's rash advance, and partly by his defeat, a bold effort was made by a division of French infantry to restore it and save the day. General Le Marchant saw the importance of the movement, and notwithstanding great disadvantages of ground, as well as disparity of numbers, for he had only 800 horse to oppose more than 5,000 of the enemy's infantry, he at once charged. The result was glorious, the French division being completely routed, more than 1,500 prisoners taken, besides many killed and wounded. The general led the charge himself, and six of the enemy fell by his hand. Unhappily, his zeal carried him unnecessarily forward in the pursuit, and he received a musket wound in the groin, of which he imme diately expired, but not until he had witnessed the perfect success of the charge. This charge is still considered one of the most brilliant made by the British cavalry during the war, and the entire credit of it is due to General Le Marchant, as his brigade was the only portion of the cavalry engaged in it. The Duke of Wellington, in his despatch announcing the victory, said, — " In this charge " Major-General Le Marchant was killed at the head of his brigade, and I have " to regret the loss of a most able officer." The general was only 47 years of age at the time of his death. Few officers bore a higher character in the service, or could be more deeply or generally regret ted. He wrote several works on cavalry tactics, all of which had a great circula tion ; nor were his attainments confined to his profession, for he was a skilful draughtsman, and possessed a considerable knowledge both of music and architec ture. He stood high in the personal esteem of George the Third, and lived on terms of great intimacy and confidence with Mr. Wyndham, Lord Grenville, and others of the leading statesmen of his time. A monument was erected to his memory, at the public expense, in St. Paul's cathedral, and a pension of £1,200 per annum settled on his family. The general married early in life, Mary, the daughter of Mr. John Carey, jurat, by whom he had a family of five sons and five daughters ; the eldest son died in infancy ; the second, Carey, is the subject of a biographical sketch in this work. The third, Denis, barrister-at-law of Lincoln's inn, and now of Chobham-place, in the county of Surrey, was principal secretary to the lord chancellor during the administration of Earl Grey. The fourth, John Gaspard, distinguished himself as brigadier-general and adjutant-general of the British auxiliary legion in Spain, and having obtained the cross of commander of the order of St. Fernando, and the order of St. Carlos, was, upon his return to England, knighted by her majesty, and is now lieutenant-colonel commanding the 99th regiment. The fifth son, Thomas, is a captain in the 7th dragoon guards, and aide-de-camp to Lord Sydenham, the governor-general of British North America. 606 APPENDIX. MAJOR-GENERAL SIR ISAAC BROCK, K.B. Mr. William Brock, who died in 1776, had three sons and one daughter, viz., William, married to Judith De Beauvoir ; John, married to Elizabeth De Lisle, daughter of the then lieutenant-bailiff ; Henry, married to Susan Saumarez, sister of the late Admiral Lord De Saumarez ; and Mary, wife of Mr. John Le Marchant. Isaac Brock, the eighth son of the said John Brock and Elizabeth De Lisle, was born in Guernsey on the 6th of October, 1769. He entered the army, by purchase, as an ensign in the 8th regiment, in 1785, and having purchased the succeeding steps with unusual rapidity, he became lieutenant-colonel commanding the 49th regiment, on the 25th of October, 1797, just after be had completed his twenty- eighth year. During the campaign in Holland, in 1799, he distinguished himself at the head of his regiment, which, in the battle of Berghen, on the 2d of October, had two officers killed and five wounded. It was a very cold day, and Colonel Brock's life was in all probability preserved by his wearing several black silk cravats, which were all perforated by a bullet, but which prevented its entering his neck. He was second in command of the land forces at the memorable attack of Copenhagen by Lord Nelson in 1801, in which he was to have led the 49th in storming the principal of the Treckroner batteries, in conjunction with 500 sea men under Captain Fremantle ; but the obstinate defence of the Danes rendered the attempt impracticable, and Lieutenant- Colonel Brock continued on board the Ganges, of 74 guns, one of the ships engaged. His next younger brother, Savery, served under him in the 49th, and had his hat torn from his head by a cannon or grape shot, while in the act of pointing one of the guns of the Ganges. In the following year, Lieutenant- Colonel Brock proceeded to Canada with his favourite 49th, and there remained, with only one intermission, when he returned on leave to Europe, until the period of his death. In 1811, he acted, we beheve, as temporary governor-general, Sir James Craig having proceeded to England previously to the arrival of his successor, Sir George Prevost. In this year he obtained his promotion as a major-general, when he anxiously repeated an appli cation, which he had before frequently made, for more active employment in Europe. The Duke of York at length expressed every inclination to gratify his wishes, and Sir George Prevost was authorized to replace him by another officer ; but when the permission reached Canada, a war with the United States of Ame rica was evidently near at hand, and Major-General Brock, with such a prospect, was retained, both by honour and inclination, in the country. At the commencement of the second American war, in June, 1812, Major- General Brock was administering the civil as well as the military government of Upper Canada, and he could scarcely collect 1,500 troops for its immediate defence. But he quickly received voluntary offers of service from the militia, most easily embodied, while the Indian warriors soon after joined him at Amherst- burg, in considerable numbers. The American government, previously to its declaration of war, had detached to the Michigan territory, an army of about 2,500 men, under Brigadier-General Hull, an old revolutionary officer of high reputation, who, said the president, in his message to congress, "possessing discretionary " authority to act offensively, passed into Upper Canada, with a prospect of easy " and victorious progress." Having reached the Canadian village of Sandwich, Hull issued, on the 12th of July, an ably written proclamation to the provincials, in which he said, " Had I any doubt of eventual success, I might ask your assist- ' ' ance, but I do not. I come prepared for every contingency. I have a force ' ' which will look down all opposition, and that force is but the vanguard of a much " greater." Brock had just arrived at Fort George from York (now Toronto), when he heard of Hull's invasion. It was his intention to attack, and there is no doubt he would have carried, Fort Niagara; but Sir George Prevost not having sent him any official account of the war, or any order to guide his proceedings, he was restrained from acting according to the dictates of his judgment and the natural energy of his mind. After issuing a proclamation to defeat the object of that circulated by the American general, Brock returned to York to meet the provincial legislature, which, on account of the war, he had called together for an APPENDIX. 607 extra session.* The session was short, and on the 5th August, Brock again left York for Fort George, and for Long Point, on Lake Erie. On the 8th, he embarked at the latter place, with forty rank and file of the 41st regiment, and 260 of the mihtia forces, in open boats, which reached Amherstburg on the evening of the 12th. Hull, after wasting nearly a month in preparations for the siege of Fort Amherstburg, retraced bis steps precipitately to Fort Detroit, whither he returned on the 8th August. Brock immediately determined, with his very inferior and motley force, on following the enemy into his own territory, and on attempting, by a sudden and resolute attack, the annihilation of his army in that quarter. With this view the troops were marched to Sandwich, where a few guns were placed in battery, from which a fire was opened against Fort Detroit, on tbe 15th August, on which day Brock sent across a flag of truce, with a summons, demanding the immediate surrender of the garrison ; but Hull replied that he was prepared to meet any force which might be at the disposal of the British general. Nothing daunted, and contrary to the opinion of the next in command, Brock issued orders to cross the strait or river, which is here about three-fourths of a mile in width, on the following morning, in the hope of inducing the enemy to meet his Uttle force in the field. Accordingly, on the 16th of August, 330 regulars, with 400 militia, and about 600 Indians, together 1,330 men, were embarked, with five pieces of Ught artillery, in boats and canoes of every descrip tion, and soon effected a landing without opposition. Contrary to Brock's expectation, the Americans abandoned a favourable position, and retreated into the fort on the advance of the British. Ascertaining that the enemy had taken Uttle precaution on the land side, Brock resolved on attempting to carry the fort by assault. While the various columns were forming for that purpose, a flag of trace was unexpectedly seen issuing from the fort, and soon afterwards the British troops marched in, Hull having assented to a capitulation, by which the Michigan terri tory, Fort Detroit, with thirty-three pieces of cannon, the Adams, vessel of war, and about 2,500 troops, were surrendered to the British arms. The success that attended this first enterprise, in which the militia had been engaged, produced an electrical effect throughout the two provinces. It inspired the timid, fixed the wavering, and awed the disaffected, of which last there were a few. It also induced the six nations of Indians, who had hitherto kept aloof, to take an active part in our favour.t Te-cum-seh, the celebrated Indian chief, who was slain in 1813, headed a party of his warriors on this occasion. Previously to cross ing, Brock asked him what sort of country he should have to pass through in case of his proceeding further. Te-cum-seh, taking a roU of elm bark, presently etched upon it, with his scalping knife, a plan of the country, with its hills, woods, rivers, morasses, and roads, which was perfectly intelhgible. Pleased with this unexpected talent, and with the boldness of Te-cum-seh, the British general, after his entry into Detroit, pubUcly took off his sash and placed it round the body of the chief, who received the honour with evident gratification. But being seen the next day without his sash, General Brock, thinking that something had displeased the Indian, sent his interpreter for an explanation. The latter soon returned, and stated that Te-cum-seh, not wishing to wear such a mark of distinction, when an older, and, as he said, an abler warrior than himself was present, had transferred the sash to a Wyandot chief ! t Leaving a small force in Detroit, Brock hastened to Niagara, a command he had only relinquished for the purpose of undertaking an achievement which his energy and decision crowned with such unqualified success. His services on this occasion were on the 10th of October rewarded with the order of the Bath, which was then confined to one degree of knighthood only, but he Uved not long enough to learn that he had obtained so gratifying a distinction, the knowledge of which would perhaps have cheered him under the mortification of being subsequently restricted to defensive operations. In transmitting his despatches to the governor-general, Brock expressed his in tention of proceeding immediately to the attack of the naval arsenal at Sackett's harbour, on Lake Ontario. Had its destruction been accomplished, of which there * t t James' Military Occurrences of the late war between Great Britain and the United States of America. London, 1818. 608 APPENDIX. was then little doubt, the Americans would not so easily have built and equipped the fleet, which the following year gave them the ascendancy on that lake. But, unhappily, Sir George Prevost disapproved of the enterprize, and commanded Brock to remain on the Niagara frontier. The latter felt the disappointment most acutely, and subsequent events too truly proved that, had he been permitted to pursue that course which his zeal and foresight dictated, his valuable life might have been spared, and a very different series of incidents in that war have claimed the attention of the historian. The Americans, burning to wipe away the stain of the capture of Detroit, and apparently determined to penetrate into Upper Canada at any risk, concentrated with those views an army of about 6,000 men, partly muitia, under Major-General Van Renssalaer. To oppose this force, Brock had under his command only 1,500 men, including mihtia and Indians, but so dispersed between Fort Erie and Fort George (thirty-four miles apart) that only a small number was quickly available at any one point. A considerable number of the enemy crossed over from Lewis- town before day-break on the 13th of October, and gained possession of the shore near dueenston. Having arisen before daylight, according to his usual custom, and hearing the report of cannon and musketry, Brock galloped eagerly from Fort George to the scene of action, distant seven miles, after directing Major-General Sheaffe to bring up the troops as soon as they could be assembled. On his reach ing Queenston, he found the flank companies only of the 49th, with a few of the mihtia, warmly engaged. Soon after, observing the Americans to waver, he or dered a charge, which he personally accompanied, but as they gave way, the result was not decisive. Retiring to the heights, the enemy opened a heavy fire of mus ketry, and " conspicuous from his dress, his stature, and the enthusiasm with " which he animated his little band, the British commander was singled out by the " American riflemen ;" and about an hour after his arrival the fatal bullet entered his right breast, and passed through his left side. He lived only long enough to utter this dying exhortation : " My fall must not be noticed, or prevent my brave " companions from advancing to victory." But his provincial aide-de-camp, Lieutenant- Colonel McDoneU, having soon after fallen, and Captains Dennis and Williams, commanding the flank companies, being severely wounded, the handful of British was compelled to retire. In the afternoon, the British troops having assembled from various points, and now equal in number, quickly compelled the enemy to surrender, upwards of 900 men being made prisoners. So beloved was Brock, by the 49th, that his death is said to have cost the invaders many a life on that day, which otherwise had been spared. After lying in state at the government-house, the deceased was interred with every military honour, in a cavalier bastion, at Fort George ; and as soon as the funeral solemnities were ended on the British side, the Americans, by a pre vious intimation from their general, fired a compUment of minute guns on theirs ! ! ! In person, Sir Isaac Brock was tall, erect, and well proportioned, his countenance was fine and benevolent, and his manners were frank and engaging. One of his brothers, Ferdinand, a subaltern of the 60th regiment, was slain in the defence of Baton Rouge, on the Mississippi, in the first American war ; and another, John, a lieutenant-colonel, was killed in 1802, in » duel at the Cape of Good Hope, in consequence of his having, as steward of a public ball, very properly resisted the introduction, by his antagonist, of a female of disreputable character. Another brother is the present baihff, or chief magistrate of Guernsey, and the tenth and youngest brother, Irving, who died at Bath, in 1838, was " the accom- " plished translator of Bernier's Travels in India." " His royal highness the Prince Regent," observed Earl Bathurst, in a despatch to Sir George Prevost, "is fully aware of the severe loss which his majesty's ' ' service has experienced in the death of Major-General Sir Isaac Brock. This " would have been sufficient to have clouded a victory of much greater importance. " His majesty has lost in him, not only an able and meritorious officer, but " one who, in the exercise of his functions of provisional lieutenant-governor of " the province, displayed qualities admirably adapted to awe the disloyal, to recon- " cile the wavering, and to animate the great mass of the inhabitants against APPENDIX. 609 " successive attempts of the enemy to invade the province, in the last of which he " unhappily feU, too prodigal of that life of which his eminent services had taught " us to understand the value." The American president, Madison, alluding to the battle of Queenston, in his annual message to congress, said, " Our loss has been considerable, and is deeply " to be lamented. That of the enemy, less ascertained, will be the more felt, as " it includes, amongst the killed, the commanding general, who was also the " governor of the province." A national monument was raised to the memory of Sir Isaac Brock in St. Paul's ;* and a lofty column having been erected on Queenston Heights by the provincial legislature to the hero of Upper Canada, as he is still termed in that country, his remains, and those of his gallant aide-de-camp, Lieutenant-Colonel M'Donell, were removed on the 13th of October, 1824, from Fort George, in solemn mihtary pro cession, to the monument. One of his regimental companions, Colonel Fitzgibbon, in transmitting a detail of the ceremonies of the day, thus pathetically expressed himself: — " Nothing, certainly, could exceed the interest manifested by the people " of the province upon the occasion ; and numbers from the neighbouring state of "New York, by their presence and conduct, proved how highly the Americans " revere the memory of our lamented chief. Of the thousands present, not one " had cause to feel so deeply as I, and I felt as if alone, although surrounded by " the multitude. He had been more than a father to me in that regiment which " he ruled like a father, and I alone of his old friends in that regiment was present " to embalm with a tear his last honoured retreat." The column, which is 127 feet in height, and 477 feet above the level of the Niagara river, which runs nearly under it, bears the following inscription : — UPPER CANADA HAS DEDICATED THIS MONUMENT TO THE MEMORY OP THE LATE MAJOR-GENERAL SIR ISAAC BROCK, K.B., PROVISIONAL LIEUT. -GOVERNOR AND COMMANDER OP THE FORCES IN THIS PROVINCE, WHOSE REMAINS ARE DEPOSITED IN THE VAULT BKNEATH. ' OPPOSING THE INVADING ENEMY, HB FELL IN ACTION NEAR THESE HEIGHTS, ON THE 13th OCTOBER, 1812, IN THE 43d YEAR OF HIS AGE, REVERED AND LAMENTED BY THE PEOPLE WHOM HE GOVERNED, AND DEPLORED BY THE SOVEREIGN TO WHOSE SERVICE HIS LIFE HAD BEEN DEVOTED. On the 17th of April, 1840, some miscreant, supposed to be a Canadian refugee rebel on the American frontier, introduced a quantity of gunpowder into the mo nument for the fiendish purpose of destroying it ; and the explosion caused so much injury as to render the column almost irreparable. The indignation of the Cana dians was aroused, and at a vast meeting on Queenston Heights, on the 30th July foUowing, resolutions were adopted for the restoration of the monument.f The Lieutenant-Governor, Sir George Arthur, presided at this meeting, which was attended by the principal inhabitants ; a detachment of royal artillery, who fired a salute on the occasion ; a detachment of dragoon guards ; and the 93d regiment (highbinders). The gathering, as it was called, was observed in Toronto as a solemn holiday ; the public offices were closed and aU business was suspended, while thousands flocked from every part of the province to testify their affection for * This chief of the branch of the once great tribe of the Hurons visited England some time aeo I afterwards saw him in Quebec, and had a good deal of conversation with him. When asked what had struck him most of all that he had seen in England, he replied, without hesitation that it was the monument elected in St. Paul's, to the memory of General Brock It seemed to have impressed him with a high idea of the considerate beneficence of his treat father the king of England, that he not only had remembered the exploits and death of his white child, who had fallen beyond the big salt lake, but that he had even deigned to record on the marble sepulchre, the sorrows of the poor Indian weeping over his chief untimely slain— Hon. F. F. De Roos' Travels in North America, in 1828. t A Dublic subscription was soon after opened for this purpose, and the six nations of Indians contributed the (for their diminished numbers and Umited means) large sum of ;tfl67. Q Q 610 APPENDIX. the memory of one who, nearly thirty years before, had fallen in its defence. His tory, indeed, affords few parallels of such long cherished public attachment ! On the termination of the proceedings, 600 persons sat down to dinner in a temporary pavilion erected on the spot where the hero fell, and after the queen's health had been drunk, Chief Justice Robinson rose and said — "I have now to propose the memory of the late gallant Sir Isaac Brock, of Colonel McDonell, and of those who fell with them on Queenston Heights. That portion of you, gentlemen, who were inhabitants of Upper Canada, while General Brock served in its defence, are at no loss to account for the enthusiastic affection with which his memory is cherished among us. It was not merely on account of his intrepid courage and heroic firm ness, neither was it solely because of his brilliant success while he lived, nor because he so nobly laid down his life in our defence ; it was, I think, that he united in his person, in a very remarkable degree, some qualities which are peculiarly calculated to attract the confidence and affection of mankind,— there was, in all he said and did, that honesty of purpose which was so justly ascribed to him by a gentleman who proposed one of the resolutions, — there was an inflexible integrity, uncommon energy and decision, which always inspire confidence and respect,— a remarkable union in his whole demeanour of benevolence and firmness, — a peculiarly commanding and soldier-like appearance, — a generous, frank, and manly bearing, — and, above all, an entire devotion to his country. In short, I believe I shall best convey my own impression, when I say it would have required much more courage to refuse to follow General Brock, than to go with him wherever he would lead." Among the numerous other testimonials of the estimation in which Sir Isaac Brock was held, our limited space enables us to give only the following : — *' General Brock was killed at the battle of Queenston Heights, and the place where he fell was pointed out to me. The Canadians hold the memory of this brave and excellent man in great veneration, but have not yet attempted to testify their respect for his virtues in any way, except by showing to strangers the spot on which he received his mortal wound. He was more popular, and more beloved by the inhabitants of Upper Canada, than any man they ever had among them, and with reason ; for he possessed, in an eminent degree, those vir tues which add lustre to bravery, and those talents that shine alike in the cabinet and in the field. His manners and dispositions were so conciliating as to gain the affection of all whom he commanded, while his innate nobleness and dignity of mind secured him a respect almost amounting to veneration. He is now styled the hero of Upper Canada, and, had he lived, there is no doubt but the war would have terminated very differently from what it did. The Canadian farmers are not over-burthened with sensibility, yet I have seen several of them shed tears when an eulogium was pronounced upon the immortal and generous -minded deliverer of their country."— Howison's Upper Canada. London, 1821. LIEUTENANT PETER LE MESURIER, Second son of the late Mr. Abraham-John Le Mesurier, of the Beaucamps, was, in 1809, appointed to an ensigncy in the 9th foot, then commanded by Lieutenant- Colonel, now General Sir John, Cameron, and almost immediately after sailed with the expedition to Corunna, under Sir David Baird. He was with his regiment in the expedition to Walcheren, and afterwards in Spain, at the battles of Salamanca and Vittoria, at the siege of Burgos, in both assaults of San Sebastian, and finally was killed in action at the operations connected with the passage of the river Nive, on the 10th of December, 1813. CAPTAIN CAREY LE MARCHANT, 1st FOOT GUARDS. The career of this gallant young officer was too brief to furnish matter for a lengthened notice, but the early promise which he gave of distinguished merit entitles his name to an honourable place in this work. He was the eldest surviving son of Major-General Le Marchant, and was born in Guernsey at the house of his maternal grandfather. Having received a classical education at Eton, he was removed to the royal military college, where he obtained the highest testimonial awarded to the students. In 1807, he was gazetted to an ensigncy in the 1st foot guards, and on joining the regiment he received the appointment of aide-de-camp to Lieutenant-General Sir Harry Burrard, K.B., commanding the household brigade in the London district. In 1810, he left England on an excursion to the Mediterranean and Turkey, then almost the only parts of Europe accessible to an English traveller. He made some stay at Constantinople, where he contracted an intimacy with Count Ludolf, APPENDIX. 611 an officer in the Austrian imperial guard, son of the Neapolitan ambassador in England, and himself since distinguished as a diplomatist, with whom he visited Athens and the most celebrated remains of antiquity in Greece. He afterwards partook of the hospitality of the well known lady Esther Stanhope, at her villa, in Asia Minor, and traversed a considerable portion of the Turkish empire in that direction. Passing thence over into Sicily, he devoted several weeks to a diligent examination of the splendid monuments of art still to be found there, and narrowly escaped death from » fever caught in taking sketches in the neighbourhood of Catania. In the summer of 1811 he joined his regiment at the Isle de Leon, where it was employed in the protection of Cadiz, and in the spring of the follow ing year he was, to his great delight, attached to his father's staff as aide-de-camp. From this time he bore an active part in the principal operations of the army under Lord Wellington in Spain and France, and displayed on several occasions a zeal, courage, and capacity which called forth the frequent and warm commenda tions of the generals under whom he served. He fought by his father's side at Sala manca. Having been subsequently appointed aide-de-camp to Lieut. -General the Hon. SirWm. Stewart, K.B., commanding the 2d division, he was present at the battle of Vittoria, where it became his duty to conduct a Spanish division to the attack — an office of great personal danger, in which he acquitted himself with his usual courage, and, to the surprise of all, escaped unhurt. In the nrst of the battles in the Pyrenees, he was with his general, when the latter was severely wounded, and his division nearly cut to pieces. On finding himself unemployed in consequence, he joined Major-General Pringle as aide-de-camp, and in the next engagement had the gratification of sharing in the praise showered on Pringle's brigade for its exer tions on that day. Capt. Le Marchant was also present at the siege of San Sebas tian, and as the war was approaching its close, he was dangerously wounded at the battle of the Nive, 13th December, 1813, in an attempt to rally a regiment which had fallen into confusion. His gallantry — to use the expression of Sir Wilham Stewart, in a letter written at the time — was the admiration of the field,* and appears to have attracted the notice of the enemy, as his cloak and saddle were perforated with bullets at the same moment that he himself was struck in two places. Having been carried into St. Jean de Luz, he expired on the 12th day of March, 1814, in the twenty-third year of his age, and was buried in the ram parts of that fortress. Few young men have left a more enviable reputation. His courteous and prepossessing deportment was in unison with the excellence of his heart. Neither the elegance of his person, his accomplishments, nor his success in his profession could alter the simplicity of his character. He was truly mourned by those with whom he served, and in his own family, in which he had sought to supply a father's place, his loss was irreparable. MAJOR-GENERAL HAVILLAND SMITH Entered the army at an early age, and at the commencement of the war in, 1793, was a lieutenant in the 25th regiment. He was at Toulon during the whole of the service consequent on its occupation, and there raised a company of chasseurs of 150 men. The following year he was appointed a major of brigade in the army on the continent, under the immediate command of his royal highness the Duke of York, and attached, part of the time, to General Sir David Dundas. He afterwards served in Corsica and Elba, and, in 1795, was major in " Smith's union corps," which was raised in Corsica for its defence by his elder brother, Colonel Sir George Smith. When the island was evacuated, he was reduced to half-pay, and then employed his leisure time in pursuing the studies of his profession at High Wy combe, in the royal military college. In 1800, he was appointed major of the 27th regiment, having the brevet rank of lieutenant-colonel, and embarked for foreign service. * Sir Rowland, now Lord, Hill, in a despatch to the Marquess of Wellington, dated 16th December, 1813, said, " I was witness to the activity of Captain Le Marchant and Lieutenant Lord Charles Spencer, aides-de-camp to the lieutenant-general (Stewart)." — See Naval and Military Magazine, (December, 1827,) vol. 2, p. 532. Q Q 2 612 APPENDIX. He served, in command of a battalion, the whole of the memorable campaign in Egypt, and was present at the battle of Alexandria, for which he held a medal. At Maida, in 1806, he was lieut. -colonel commanding the 27th regiment, and, by his coolness and presence of mind in availing himself of the discipline of his fine corps, had the good fortune to contribute materially to the success of that glorious day. The French army, far superior in numbers, was advancing at the charge upon the British, at the same time that a body of about 400 of the enemy's cavalry was attempting to pass to the rear of the British, by turning the left of their line on which flank the 27th was posted. The British had no cavalry to oppose this movement, and Lieutenant-Colonel Smith, on the instant, ordered some compa nies of the left wing of his regiment to wheel back towards a wood, a short distance in his rear, making it a support for his left flank, and thereby closed the open space through which the French cavalry might have passed, obliging it to make a detour through the wood, in which it was encountered by the 20th regiment, under Lieutenant-Colonel Ross, which had just landed and was on the way to join Sir John Stuart's little army. The 20th caused the cavalry to retrograde, and, while this was taking place, a general charge with the bayonet, by the whole line of the British, drove the French from the field and secured the victory. Had not the movement of the enemy been defeated, and had the cavalry succeeded in ob taining the rear of so small a force, the result might have proved far different. Sir John Stuart gave great praise to Lieutenant-Colonel Smith for this manoeuvre, and the following is the extract from the general order relating to the conduct of the corps : — "The battalion of grenadiers and 27th regiment, under the orders of Brigadier- General Cole, made a firm and intrepid resistance against a superior force, and the manoeuvre of the 27th regiment, in throwing back a wing to receive the enemy's cavalry, was the strongest token of the excellent discipline of that corps. "6ih July, 1806." For this battle he had also the honour of receiving a medal. He was subsequently employed on separate commands of importance, much beyond his rank. In one instance, whilst carrying on operations against Scylla castle, a force three times his own number, and upwards of 5,000 strong, under the orders of Generals Partoneaux and Cavignac, was sent by General Murat for the express purpose of cutting off his corps, in the face of which he was fortunate enough to effect his retreat without loss, having a few men only wounded. The following is part of a letter addressed to him on the occasion by the commander of the forces, and promulgated by General Mackenzie in orders : — "The able and judicious manner in which your retreat was conducted, under great and evident difficulties, has a claim to my warmest approbation. " J . Stuart. "6th July, 1800." In 1810 he was promoted to the rank of colonel, and, as a further proof of the confidence with which he was honoured by the commander of the forces, he was selected to succeed, as brigadier-general, to the command of the Ionian Islands, which had been held by Major-General Oswald, the head-quarters being at Zante ; and there, in addition to his military duties, he had to exercise a superin- tendance over the government of the several islands in the discharge of then- civil functions, a situation afterwards held by a lieutenant-general. In 1813 he attained the rank of major-general. He served a year on the staff, as a general officer, on the south-east coast of Spain, and was on the march to join the army under the more immediate orders of the Duke of Wellington, when the war terminated. In 1816 he was appointed senior general officer on the staff of the Ionian Islands, of which the commander of the forces in the Mediterranean, Sir Thomas Maitland, was at that time lord high commissioner, and he proceeded to Corfu to assume his command. The same year, when Sir Thomas Maitland left for England, on leave of absence, Major-General Smith succeeded him, and became president in the commission of lord high commissioner. At this time the plague, which was raging at Corfu, broke out also in Cephalonia, and, at both places, it was APPENDIX. 613 mainly owing to his extraordinary watchfulness and care that the disease was eradicated, in a space of time unprecedently short. While acting for the lord high commissioner, and in command of the troops, having to allay and counteract much political party spirit and intrigue, he succeeded, by the candour and firmness of his conduct, in securing the good opinion and attachment of all parties, as well as the warm approval of Sir Thomas Maitland on his return. After suffering a considerable time under painful illness, Major-General Smith died at Corfu, in 1817, in the 44th year of his age, to the deep regret of his companions in arms, and of the community at large throughout his command, which was very strongly manifested. The lord high commissioner, in particular, publicly declared that, in all his services, through most parts of the globe, he had found no man who united, in » more eminent degree, the high qualities of the soldier with those of the civilian, than Havilland Smith. With scarcely an inter mission, the years of his career in active war were passed abroad, his zeal in his duties being as remarkable as his ability. MAJOR-GENERAL THOMAS CAREY, LATE OF H.M.'s 3d GUARDS. It is the legitimate boast of this free and happy island, that few spots of the same limits have produced a greater number of men distinguished in the profession of arms. Among the many gallant deeds of the islanders, recorded in these pages, the services of that estimable officer, the late Major-General Thomas Carey, are well deserving of notice. Although few of his contemporaries shared more frequently the dangers and honours of the battle field than he did, yet as it was not his good fortune to attain that rank and position in the service, without which the lives of the best and bravest officers fail to obtain a place in the general annals of their country, he can only be regarded as one among the many gallant men whose conduct individually contributed to raise the fame of the British arms to unrivalled eminence, and de servedly earned the acknowledgment of a grateful country. He was the sixth son of the late Mr. Carey, one of the most respectable jurats of his day, who was no less beloved for his private than honoured for his public virtues. In January, 1794, just as he had attained the age of sixteen, young Carey ob tained his first commission in H.M.'s 3d regiment of foot guards, and joined the battalion then serving in Flanders with the army under the late Duke of York, sharing the hardships attending his royal highness's retreat through Holland during the hard winter of 1794-5. Before two years had expired, he was so for tunate as to succeed to a lieutenancy in the regiment, with the rank of captain in the army. Although he joined the regiment a perfect stranger to all its officers, and with scarcely a friend of any note in the army, the young soldier soon showed, by his steady and zealous conduct, that he was endowed with qualities calculated to bring him into honourable notice without any adventitious support ; for, so early as in 1796, we find him appointed major of brigade to the troops serving in his native isle. In January, 1799, he rejoined his battalion, served with it in Ireland, and then embarked with the expedition to Holland. He was at the land ing of the army under Sir Ralph Abercromby, near Camperdown, on the 27th of August, and also in the severe action fought on the 10th of September, in defend ing the position of the Zype, as well as in the successive battles of the 19th of September, and the 2d and 6th of October following. During this period of active service, he was nominated to the adjutancy of his battalion ; a situation important in all corps, but more especially so in the guards. To the discrimination of his commanding officer, Major-General Grenfield, a man pf the highest character and merit, and one of the most rigid disciplinarians of his day, he was indebted, in the first instance, for the appointment of acting adju tant ; and certainly to be selected by such a man, for a post of so much responsi bility, bore high testimony to the merit of this young officer, who not only gained the approbation and friendship of his patron, but rivetted an attachment which 614 APPENDIX. lasted through life. He was no less esteemed by his colonel, his royal highness the Duke of Gloucester, from whom he experienced, on every occasion, the most marked civility and attention. It is with pleasure the writer of this brief review of Major-General Carey's ser vices is enabled to relate an instance of the high estimation in which he early stood. The late Major-General Wynyard, then deputy adjutant-general at the horse guards, himself an old guardsman, speaking of him, observed : — " Carey is " one of the most zealous and efficient adjutants I ever knew : there is no nonsense " about him ; however irksome may be the orders he receives, he sets to work, and " executes them on the instant with cheerfulness and alacrity, never starting or " thinking of a difficulty." In the year following this appointment of adjutant, when * brigade of guards was formed and detached to Ireland, he was selected to accompany it as a major of brigade, in which capacity he embarked with the expedition to Egypt, and served throughout that campaign, for which he obtained the distinction of a medal. He was present at the first landing of the troops in Aboukir bay, and at the sub sequent hard-fought battles of the 13th and 21st of March, on which occasion England had to deplore the loss of one of her best and bravest commanders, in the fall of the gallant Abercromby. He was likewise at the reduction of Alexandria : during this campaign he suffered, in common with many others, from a violent attack of opthalmia, which deprived him of sight for a time, and threatened per manent blindness, but this he happily escaped. On his return to England, in 1802, he resumed the duties of adjutant, until his promotion to a company, with the rank of lieutenant-colonel, in 1803. With this promotion, a higher sphere of service opened the road to further dis tinction. He was fixed upon for the responsible staff appointment of assistant adjutant-general to the forces, and as such, was employed with the army in Hanover, in 1805, as well as with the expedition to the island of Zealand, in the following year, and was present at the siege and surrender of Copenhagen. He afterwards accompanied Sir Harry Burrard to Portugal, in the same capacity, and joining Sir Arthur Wellesley on the eve of the battle of Vimeira, he shared in that well contested action, in which he received a slight wound. He continued with the army in its advance into Spain, under Sir John Moore, and was in the retreat so marked by the privations and hardships to which the troops were unavoidably exposed, and which was followed by the battle of Corunna, in 1808. In conveying orders to the troops about to engage, he met their gallant chief on his way to the position in which he was to fight his last battle. On announcing to him that the enemy was advancing, the general replied, with a countenance bright ened by the intelligence, "that is just what I have been wishing," and putting spurs to his horse, galloped to the field rendered for ever memorable by his victory and death. On the arrival of the army in England, Colonel Carey was posted to the eastern district, as assistant-adjutant-general, and thence proceeded with Lord Chatham, as his military secretary, on the expedition to the Scheld, in 1809. He was at the reduction of the island of Walcheren, and at the siege of Flushing ; and, on his return home, resumed his duties in the eastern district, under his lordship, with whom he enjoyed the most intimate and lasting friendship. Here he continued until promoted to the rank of major-general, in 1814. Had he succeeded some years sooner to this rank, with the command of a brigade, there can be httle doubt entertained that his long acquaintance with military operations, under the many different circumstances he had witnessed,* would have enabled him to tread the path of his more fortunate countrymen, and like them, to have raised his name to celebrity ; but, on the return of peace, and with a severe acute disorder, contracted in the service, which paralyzed all exertion, to have sought and obtained employment would have been impossible. Thus, after having devoted the twenty best years of his life to the service of his king and * Three sieges, eight general actions, besides minor affairs, two retreats, and two disem barkations in the face of the enemy. APPENDIX. 615 country, its residue was passed in retirement, into which he carried the same amenity of manner and disposition which had raised him so many friends through out his military career. In the month following his promotion, the major-general married Caroline, the fourth daughter of Mr. Samuel Smith, of Woodhall park, Herts, M.P., who died soon after giving birth to a daughter, now the wife of Francis Dickinson, esq., of Kingweston, Somerset. In 1823, he married secondly, Mary, the eldest daughter of Mr. William Manning, M.P., by whom he had no issue, but whose unremitting and affectionate attentions soothed and cheered the last sickly and suffering year of his life. Relieved from professional cares and anxiety, the serious and devout impressions which had long been gradually forming upon his mind and regulating his course, now acquired strength and solidity, and it may truly be said, that in a diligent study of the holy scriptures, in the exercise of every christian virtue, and, in devotion to to his God, his conduct was most consistent and exemplary. His health, which never recovered its proper tone, gave increasing indications of the approach of that solemn scene for which he was most happily prepared, and, in the 47th year of his age, he resigned his spirit into the hands of Him who gave it, trusting in the alone merits of his Saviour, and so enjoying the full assurance of a blessed resurrection. Thus died this excellent and pious soldier, beloved and lamented by all who knew him, as is most justly described in the following simple and beautiful lines engraven on a tablet, in Walton church, where he was buried, by his own desire, in the family vault of Mr. Samuel Smith, of Woodhall : — _ "Endeared to his family and friends, by the cheerfulness of his spirit and the affection of his heart, he was no less distinguished by the indefatigable and courageous discharge of the duties of a soldier, and was respected by those under whom he served, and beloved by those he commanded. His religious opinions were formed from an unbiassed study of the word of God, which, under the aid of the Holy Spirit, proved the only means of leading him to the knowledge of himself as a sinner, and to Christ as a Saviour. This formed the basis of a religion which was his guide through life, his refuge in death, and is now his joy in eternity." PETER CAREY TUPPER Was fourth son of Mr. John Tupper, jurat of Guernsey. While British consul of Valencia, he highly distinguished himself during the Peninsular war, from 1808 to 1814, in encouraging the Spaniards to resist the invasion of Napoleon,* and he was for some time a member of the supreme junta of the kingdom of Valencia. His name occurs frequently in the Duke of Wellington's despatches, recently pub lished, and the following is the conclusion of a letter written to him by his grace, dated Frenada, 25th of February, 1813 :— " I take this opportunity of expressing my sense of tbe services which you have rendered to the interesting cause in which we are all engaged, in the different situations you have filled on the eastern coast of the Peninsula. I have read your account of transactions there with the utmost interest, and I sincerely wish you success." On his return to England after the peace, he was given to understand that, for his services in the Peninsula, a baronetcy would be conferred upon him if he apphed for one ; but he was indifferent to title, and in the same spirit he declined a Spanish barony offered him by Ferdinand the Seventh on his restoration. A pension of £600 a year was, however, settled upon him by the British govern ment, and he was removed to Catalonia, as a better consulship. On the second entrance of the French into Spain, in 1823, he accompanied the British ambassa dor, Sir Wilham A'Court, to Cadiz, and partly owing to his services on this occasion, his youngest brother was selected by Mr. Canning as consul for Carac- cas, with a salary of j£l,000 a year, when salaried consuls were first sent out in 1823 to South America. The subject of this notice died at Madrid, on the 13th of * MariJchal Suchet, in his " Memoires," vol. ii. p. 229, says :— " On saisit beaucoup d'armes, dont le consul Anglais, Tupper, avait form£ des magasins, alimentant l'insurrection dans le pays, soit avec ces armes, soit avec de l'argent et des Merits." — See also Napier's Peninsular War, vols. i. and iv. 616 APPENDIX. April, 1825, in the prime of life, while employed in that city in the commission for the settlement of the British claims on the Spanish government. During his long residence in Spain, he formed a very valuable collection of paintings and cartoons, part of which were sent to England.* The present Martin Farquhar Tupper, M.A., of Christ-church, Oxford, and the youthful talented author of Proverbial Philosophy, Sfc, is his nephew. THE REV. PETER PAUL DOBREE, M.A., FELLOW OF TRINITY COLLEGE, AND REGIUS PROFESSOR OF GREEK AT THE UNIVERSITY OF CAMBRIDGE. This eminent scholar was born in Guernsey, on the 26th of June, 1782, of a family which had come from France, upon the massacre of St. Bartholemew. He was the son of the Rev. William Dobree, rector of St. Saviour's parish, in that island, a clergyman eminent for tenderness of conscience, unaffected piety, and earnestness in the cause of religion, qualities which descended to him from his father, Mr. Peter Dobree, merchant of the city of London, and author of a treatise on the Lord's supper, a work which has passed through many editions, evincing considerable thought and learning, and written throughout in the pious and affectionate spirit that distinguished the life of the author. Mr. Dobree received the early part of his education at Dr. Valpy's school, at Reading, and having been entered as a pensioner at Trinity college, Cambridge, in 1800, he took his degree of B.A., in 1804, as a senior optime. He was sub sequently elected a fellow of Trinity college, an honour which he had to contest with very able competitors. The present Bishop of Gloucester, Dr. Monk, the biographer of Bentley, was another of the successful candidates at the election. He had by this time acquired a name in the university, by his diligent attention to classical criticism. The most eminent residents there became his intimate friends, especially the celebrated Professor Porson, Mr. Blomfield, fellow of Trinity, now bishop of London, Mr. Kaye, fellow of Christ's, now bishop of Lincoln, and the late Mr. Kidd, of Trinity, editor of Horace. Their society, and the pursuit of congenial studies, attached him to the university, and he continued to reside in college until 1811, when he accompanied his relation, Mr. Tupper, the consul for Valencia, into Spain. The war was then at its height, and the country presented scenes on every side which might have been expected to alarm a man of his mild disposition and retired habits. They did not, however, prevent his seeking all objects of interest within his reach. He witnessed the dreadful defeat of the Spaniards, under General Blake, in front of Valencia, by Marshal Suchet, in 1811, and but for his promptitude in penetrating the French lines before they were completed, he would have been made a prisoner on the surrender of that city, a few days afterwards. He succeeded in reaching Denia, which was almost de serted by its population, and the best accommodation he could find was in a church, which afforded an asylum to his companions and himself, until the arrival of a ship that took them to Majorca. He subsequently .visited Cadiz whilst it was besieged by Marshal Soult, and he used on his return home to display, with some exultation, a fine edition of Plato by Servanus, and the folio Stephana Thesaurus, the spoils of an Andalusian monastery, which he had obtained at a very moderate price from a bookseller who was in constant apprehension of seeing his stock in trade fall into the hands of the French. On his return from Spain, he entered into holy orders, but did not take a cure. The remainder of his life was passed in his college, with occasional excursions on the continent, chiefly for literary objects, during which he acquired the friendship of many of the most illustrious foreign scholars. Millai, Boissonade, and Coray, at Paris, and Thiersch, at Munich, were among those with whom he lived upon very familiar terms. The best foreign Ubraries were liberally opened to him , and he collected there a variety of Greek manuscripts. Such was his taste for this pursuit, that he was once on the point of going as far as Venice, merely to collate a * See Penny Magazine, vol. i. p. 350, and vol, ii. p. 77. APPENDIX. 617 manuscript of Athenieus, praised by Schweighauser. The fruits of his labours abroad were diligently considered at home, and he thus collected a store of most valuable criticism. He contributed to the periodicals of the day, and amongst other writings of that description, he had a share in the celebrated article in the Edinburgh Review, by Bishop Blomfield, on Butler's ^Eschylus, he being indeed " the learned friend" to whom the author acknowledges his obligations at the close of the article. The Classical Journal for September, 1824, likewise con tained his " Greek inscriptions from the marbles in the library of Trinity college, Cambridge," — a small work, afterwards published separately. It was not until 1820 that he gave his name to any of his publications. In that year appeared his " Porsoni Aristophanica,"* containing the text of Plutus, with notes on Aris tophanes, by Porson and himself. This work established his character as a scholar throughout Europe. In 1822, he published his " Lexicon of Photius," from a transcript by Professor Porson. A similar work had been edited at Leipsic not long before by Professor Herman, but it is generally regarded as inferior to that of Dobree. In the following year he succeeded the present Bishop of Gloucester as regius professor of Greek — an office which, he used to mention with pride, had been held by another native of Guernsey, the learned Dr. Du Port.f He did not long enjoy these honours, for in September, 1825, he was seized with the cholera, which then prevailed at Cambridge, and soon became in immi nent danger. Conscious of his approaching dissolution, he showed no alarm, but having first desired that a fellow-collegian, whom he believed anxious to obtain a living which he had thought of accepting, should be apprized of his state, in order that the other might have the earliest opportunity of obtaining the preferment, he awaited the result of the disease with the calmness of a christian philosopher. On the 24th of September he expired, and was buried in the chapel of Trinity college, where a monument has since been erected to his memory, with the following inscription, by his friend, the present Bishop of Lincoln : — M. S. Viri Reverendi Petri Pauli Dobree, A.M. Ex insula Guernsey oriuodi, Collegii hujus SS. Trinitatis Socii, Et Graecse. Linguae in hac Academia Professoris Regii. Vir erat probus, candidus, simplex, A fastu omni ac fuco alienissimus, Sermone comis, animo aequabilis ac lenis, Ita tamen ut facilfc commoveretur, Si vel patriae vel singulorum jura in discrimen putaret adduci. Ad has virtutes accesserunt ingenium acutum, judicium sanum, Indefessa pro valetudine industria, Magna philosophic moralis ac theologise, Maxima literarum Latin arum ac Graecarum peritia; Tanta in corruptis veterum autorum locis Detegendis sagacitas, emendandis felicitas, Ut Porsoni, cujus in familiaritate intimfe erat versatus, Immatura morte prsereptus est A.n. mdcccxxv. setat. xliii. Soror unica poni curavit. In 1831, a collection of his remarks on classical writers was published by his successor regius professor of Greek, Dr. Scholefield, under the title of " Dobrsei Adversaria." The publications of Professor Dobree convey >* very inadequate idea of the extent of his powers. His extreme fastidiousness, and his indifference to fame, caused him to shrink from authorship. Devoted to the acquirement of knowledge, which he cultivated for its own sake, and not for the applause it yields, and pos sessing at the same time the native modesty of genius, it was only through the * The title of this work is, " Ricardi Porsoni notse in Aristophanem, quibus Plutum Comce- diam partim ex ejusdem Recensione, partim e Manuscriptis emendatam et variis Lectionibus instructam prsemisit, et Collationum Appendicem adjecit P. P. Dobre'e, A.M., Collegii SS. Trinitatis Socius, et Graecarum Literarum apud Cantab. Professor Regius." t Guernsey gave, in the eighteenth century, a professor also to the university of Oxford. Dr. William De Beauvoir, of Pembroke college, was elected professor of medicine in 1729, and died the year following. In his funeral sermon, the preacher observed that, " like the beautiful lily of his native island, he had nourished among them but one year." 618 APPENDIX. importunity of friends that he was induced to send any of his papers to the press. His hours were passed in laborious investigation and patient study, — the only means, as he well knew, of arriving at the true reading of the classical authors. All mere ingenuity in correcting and improving the received text, which, unless based upon sound principles of criticism, serves only to mislead while it dazzles, he utterly despised. The path he pursued was a different one. His object was to ascertain what the Greeks had written, not what they might or should have written. It will readily be conceived, therefore, that German critics found no favour with him. Indeed, he was at no pains to conceal his entire disapproval of that school, and spoke of Bohle's Sophocles, and Schulz's jEschylus, especially the latter, in terms of indignant censure. Notwithstanding these opinions, which were well known, he bore a very high reputation in Germany, and Professor Welcker, of Bonn, the first Greek scholar in Europe, spoke of him to a Guernseyman, who happened to pass a short time at the university, in terms of warm admiration. Had he lived to complete his long projected edition of Demosthenes — his magnum opus — he would have left an imperishable monument of his genius, such as must have silenced all detractors. Unhappily he left it incomplete, and its merit can only be imperfectly appreciated from the fragments which have been made public. It is only just to add, that he was more than a classical scholar. He had read deeply in metaphysics, and was well acquainted with modern literature. This sketch cannot be concluded without observing, that Professor Dobree was passionately attached to his native island. He often regretted not having settled on his patrimony at the Grange, and to be a Guernseyman was a sure passport to his kind consideration. He prided himself on speaking the dialect of the island with correctness, and at one time contemplated a work upon it. He had all the simplicity characteristic of the Guernseymen of the last century, and was, in an eminent degree, warm hearted and honourable. The professor never married, and his estate and property descended, on his death, to his only sister, the wife of Mr. John Carey, late king's receiver-general of the island. The character of the late Professor Dobree has been exquisitely drawn up by the Rev. J. A. Jeremie, fellow of Trinity college, Cambridge, and vice-principal of Haylybury college, who, from long personal and intimate acquaintance, was enabled to appreciate the friend whom he so worthily commemorates. Every native of this island must feel a proud satisfaction at seeing a Guernseyman of such distin guished abilities as the professor portrayed by another Guernseyman of similar tastes, learning, and genius. The passage is to be met with in a " Commemora tion sermon, preached in the chapel of Trinity college, Cambridge, December 16, 1834." It would be unpardonable not to insert it here. All who know how to estimate English composition will admire its beauty, and all who knew Professor Dobree will acknowledge its truth. After saying that the task of commemorating the worthies of Trinity college has been performed by those whose eloquence and rich endowments entitled them to assume it, Mr. Jeremie adds : — " But I would pause for a moment at the name of him who filled the chair of Porson, and who now rests by the side of his grave — similar, alike, in his affections and pursuits ; in the peculiar cast and power of his genius j in the nobler features of his moral character j and but too similar in his untimely death. The memorial which adorns these walls was traced by a friendly hand; but with singular precision and fidelity. It has touched upon his dis tinguishing qualities — his modesty, his candour, his gentleness, his inflexible love of truth, his unfeigned contempt for all which bordered upon artifice and meanness, and, above all, that childlike simplicity of heart, of which " the noblest natures are ever found to have the largest share." If ever it could be said of any man, it might indeed be said of him, that he loved learning for itself, and that it never entered into his mind to consider it as subservient to any worldly advantage or reward. Year after year, in tranquillity and content, he pur sued his unobtrusive course, examining with patient industry the most intricate questions of metaphysical research, and increasing the vast stores of his varied erudition. The results of these labours, which a too sensitive diffidence, increased by the languor of sickness, long withheld from the public, were ever made accessible to the humblest inquirer, with a delicacy and a kindliness of manner which imparted a double value to the gift. Nor was this the only circumstance which enhanced the benefit of his advice and assistance. Full of life and freedom of conception, his conversation was strongly marked by the attractions of novelty ; yet, perfectly exempt from controversial display, aud far above the petty arts of pretension APPENDIX. 619 aud management, lie never urged an argument, never uttered a sentiment, which did not flow from the most sincere and entile conviction. And it was the implicit feeling of this scrupulous veracity, no less than the knowledge of the care and accuracy of his inquiries, and of the exquisite tact and penetration of his judgment, which, on all points of literary dis pute, gave that decided weight to his opinions, which intellectual authority alone is unable to command. It is in the nature of his peculiar pursuits, that, as they seem to have no direct tendency to affect the passions and interests of society, their real worth and difficulty are faintly and partially appreciated. But, in the seats where Bentley presided, a juster estimate is naturally formed : and many there were, who hoped, with no common ardour, that he would accomplish that work which he had long purposed, and for which he was eminently fitted — that it would be his lot to meet the wants, and to direct the studies, of our younger scholars — to set before them the great object and extent of ancient knowledge— to refer them to the purest, sometimes the less-explored, sources of classic excellence — aud, more especially, to point out the true principles of critical analysis, and, in the practical application of those principles, not merely to detect for them, amidst innumerable corrup tions, the exact words, but, out of an immense variety of conflicting interpretations, to dis entangle and fix upon the real scope and meaning, of the ancient masters of philosophy and eloquence. These hopes have been extinguished by a death, to all of us calamitous ; — to me, so deeply so, that every day seems to sharpen and renew the impressions of regret. But even death has given fresh evidence of his devoted attachment to this college: and he, whom we lately reckoned among its living ornaments, is added to the list of its departed benefactors." LIEUTENANT E. W. TUPPER, R.N. This officer, third son of John E. Tupper, by Elizabeth Brock, his wife, was educated at Harrow, and commenced his naval career in 1810, in the Victory, of 110 guns, under the care and patronage of the late Lord De Saumarez, with whom he continued some time in the Baltic. He served on the American coast during the latter part of the war, in the Asia, 74, and was present at the disastrous attack of New Orleans, in January, 1815, forming one of a party landed from the fleet, to co-operate with the army. On the night of the storm, this party, in con junction with the 85th light infantry, attacked some fortified works on the right bank of the Mississippi, and were completely successful ; but the failure of the main assault rendered this success unavailing. In the same year he joined the flag ship of Sir Thomas Fremantle, who, having been an intimate friend of his late uncle, Sir Isaac Brock, kindly assured him of his influence and support ; but peace taking place before he had attained the requisite age for promotion, all the bright prospects, with which he entered the service, were blighted. In November, 1817, on his return in the Active frigate, Captain Philip Carteret, from the Jamaica station, he passed at the naval college at Portsmouth, and was one of four midshipmen complimented as having undergone a superior examination. In 1823, he was appointed to the Revenge, Sir Harry Neale's flag ship, in the Mediterranean, and placed on the admiralty hst for advancement. Early in 1826, he was at length promoted into the Seringapatam frigate, but Sir John Pechell, under whom he had previously served for a short time, prevailed upon the admiral to transfer him to his own ship, the Sybille, of 48 guns, "a crack frigate," in a high state of discipline, the crew of which was remarkable for its skill in gunnery. The Sybille was at Alexandria, when intelligence arrived there of the plunder of a Maltese vessel, under atrocious circumstances, by a nest of Greek pirates, on the southern coast of Candia. Sir John Pechell set sail immediately in quest of the delinquents. On Sunday, the 18th of June, 1826, at daylight, two misticoes were observed under sail, near Cape Matala, standing towards the frigate, but on discovering their mistake, they made for the land, and were followed by the Sybille, into a narrow creek formed by a rocky islet, and the mainland of Candia. On this island were posted armed Greeks, the crews of three or four piratical misticoes at anchor in the creek, and in a desperate attempt to cut out these misticoes, with the boats, Midshipman J. M. Knox and twelve men were killed, and the first lieutenant, Gordon, dangerously ; Lieut. Tupper, mortally ; Midshipmen William Edmonstone and Robert Lees, both very severely ; and twenty-seven men were wounded, of whom five died in a few days. Two of the misticoes were afterwards sunk, and many of the pirates were killed and wounded by the frigate's guns.* * See United Service Journal, March 1841, pp. 332-3. 620 APPENDIX. Lieut. Tupper commanded the launch, and although severely wounded in three places, he stood up the whole time, and retained the command of her until he returned to the ship. The bullet, which proved fatal, entered his right breast, and was extracted from under the skin over the false ribs. He lingered until the 26th June, when he breathed his last, in a state of delirium, on board the Sybille, at Malta, where his remains were interred, and a monument was erected to his memory by his captain and messmates. . The surgeon, in a letter to the family in Guernsey, wrote of Lieut. Tupper : — " When I first saw him he was firm and cool. He asked me to give my opinion without reserve, and knowiDg him to be possessed of great fortitude, I told him that the wound in the chest was of a most dangerous nature, but not necessarily fatal. He had by this time lost a great deal of blood, but the internal hemorrhage, though the most alarming, was slight. He remained so low for three days, that it was expected he would have sunk, though he still con tinued collected and firm. On the fourth day he rallied, his pulse became more distinct, and he evidently encouraged hopes. Need I say that I felt myself incapable of destroying them, — indeed I was not altogether without hope myself. The principal danger was from hemorr hage upon the separation of the sloughs, and my fears were fatally verified, for on the 25th, at noon, it commenced and increased internally, until his lungs could no longer perform their functions, and he died at about three o'clock, on the morning of the 26th. During the whole timehe was resigned, evincing the greatest strength of mind As it was with unfeigned sorrow that 1 saw a fine and gallant young man fall a victim to such a cause, so it was with admiration that I witnessed his heroic bearing when the excitement was past, aud hope itself was almost fled. I have seen many support their firmness amidst danger and death, but it belongs to few to sustain it during protracted suffering, which is indeed a trial often too severe for the bravest, but through which your lamented brother came with a spirit and resignation which reflected lustre upon himself and family, and endeared him to all his shipmates." COLONEL WILLIAM DE VIC TUPPER. This highly gifted young man was a brother of the subject of the preceding memoir, their father having had ten sons and three daughters. Having received an excellent education in England, partly under a private tutor, and completed it at a college in Paris, every interest the family possessed was anxiously exerted to indulge his wish of entering the British army ; but owing to the great reductions made after the peace of 1815, he was unable to obtain a commission, even by purchase. Thus cruelly disappointed, he spent two or three years in Catalonia, but the profession of arms continuing his ruling passion, he proceeded, in 1821, to Chile, then struggling for her independence. There his appearance and manners, and a perfect knowledge of three languages, Enghsh, French, and Spanish, soon procured him active military employment. In a necessarily brief notice, it is utterly impossible to detail the services of young Tupper in the land of his unhappy adoption, and it must, therefore, suffice to say that he displayed the greatest talent and bravery, first against the Spaniards, and after their subjugation, in the civil wars which ensued. He was drawn into the latter, when, in 1829, part of the troops, under General Prieto, attempted to subvert the existing authorities, because, as he wrote, he "considered that no free government or orderly state " could exist an hour if the military were once allowed to throw the sword into the " scale, and decide points of legislation by the force of arms." In a battle fought near the capital, Santiago, the rebel troops were defeated, but Prieto gained- that by treachery, which he could not effect by the sword ; and when Colonel Tupper resigned in disgust, the earnest entreaties of his old commander, General Freire, unfortunately induced him to accept the government of Coquimbo, which step soon after compelled him to resume the command of his regiment. The rival forces, after several partial conflicts, met again at Lircay, near Talca, on the 17th of April, 1830 ; and Freire, although deficient both in cavalry and artillery, having most unaccountably sought battle in a vast plain, was routed after an action of several hours, with great slaughter. When all was lost, Colonel Tupper escaped from the field with a slight wound, but he was pursued, overtaken, and "sacrificed to the fears of Prieto, who justly considered him the sword and " buckler of the irresolute and vacillating Freire." He was pronounced by an Enghsh traveller, as " the handsomest man he had ever seen in either hemisphere," APPENDIX. 621 and undoubtedly his tall, athletic, and beautifully proportioned person, his almost Herculean strength, the elegance of his manners, and his impetuous valour in battle, gave the impression rather of a royal knight of chivalry, than of a repub lican soldier.* The influence and popularity which in a few short years he acquired in his adopted country, by his own unaided exertions, and under the many disad vantages of being a stranger in a strange land, best prove that his talents were of the first order, and that he was no common character. And that affection may not be supposed to have dictated this eulogium, the following impartial testimonies of its correctness are appended, in justice to the memory of one whom a combination of cruel circumstances drove to a distant land to shed that blood, and to yield that life, which he had in vain sought to devote to his own country. An Enghsh gentleman, of ancient family, and author of travels in South America, who knew Colonel Tupper intimately, thus wrote of him : — " He was certainly one of the finest fellows I ever knew, — one of those beings whose meteor-like flame traverses our path, and leaves an imperishable recollection of its bril liancy." * * * I have often held him up as an example to be followed of scrupulous exactness, and of a probity, I fear, alas ! too uncompromising in these corrupt times." The American charge d'affaires and consul-general in Chile, said, in a letter to Captain P. P. King, then of H.M.S. Adventure, both strangers to the family — "The heroism displayed by Tupper surpassed the prowess of any individual that I ever heard of in battle ; but, poor fellow ! he was -horribly dealt with after getting away with another officer. A party of cavalry and Indians was sent in pursuit, and they boast that poor Tupper was cut to pieces. They seemed to be more in terror of him, on account of his personal bravery and popularity, than of all the others. Guernsey has cause to be proud of so great a hero, — a hero he truly was, for nature made him one." And one of the British consuls in Chile, wrote : — "I trust you will believe that any member of the family of Colonel Tupper, who may require such services as I am at liberty to offer, will be always esteemed by one who, for many years, has looked upon his gallant and honourable conduct as reflecting lustre upon the English name in these new and distant states." An anonymous French traveller, who published in a Paris newspaper, Le Semeur, of the 4th April, 1832, his " Souvenir d'un se'jour au Chili," thus expressed himself: — " Les Chiliens sont jaloux des strangers qui prennent du service chez eux, et il est assez naturcl qu'ils le soient, quoiqu'on ne puisse nier qu'ils aient de grandes obligations a plusieurs de ceux qui ont fait Chili leur patrie adoptive. Depuis mon retour en Europe, un de ces hommes, digne d'une haute estime, a cessS de vivre. Je veux parler du Colonel Tupper, qui a ite fait prisonnier a la tSte de son regiment, et qui, apres avoir iti tenu, pendant une heure, dans l'incertitude sur sou sort, fut cruellement mis a mort par les ennemis. Le Colonel Tupper etait un homme d'une grande bravoure et d'un esprit £clair£ ; ses formes £taient athlgtiques, et l'expression de sa physionomie pleine de franchise. II se serait distingue partout oil il aurait £t£ employ^, et dans quelque situation qu'il eut Hi plac£. N'est-il pas deplorable que de tels hommes en soient recluits a se consacrer a une cause etrang&re ? " And in a pamphlet published at Lima, in 1831, by General Freire, in exposition of his conduct during the civil war in Chile, 1829-30, is the following extract translated from the Spanish : — " It does not enter into my plan to justify the strategic movements which preceded the battle of Lircay. The disproportion between the contending forces was excessive. Neither tactics nor prodigies of valour could avail against this immense disadvantage. The liberals were routed. Would that I could throw a veil, not over a conquest which proves neither courage nor talent in the conqueror, but over the horrid cruelties which succeeded the battle. The most furious savages, the most unprincipled bandits would have been ashamed to execute the orders which the rebel army received from Prieto, and yet which were executed with mournful fidelity. Tupper— illustrious shade of the bravest of soldiers, of the most estimable of men ; shade of a hero to whom Greece and Rome would have erected statues— your dreadful assassination will be avenged. If there be no visible punish ment for your murderer, Divine vengeance will overtake him. It will demand an account of that infamous sentence pronounced against all strangers by a mant who at that time was the pupil and the tool of a vagabond stranger,! indebted for his elevation and his bread to the generosity of Chile." * When he left Europe, in 1821, he was generally thought to bear a striking resemblance to his maternal uncle, Sir Isaac Brock, at the same age. In height he was about six feettwo inches and his figure was a perfect model of strength and symmetry. ' t General Prieto. * Garrido, a Spanish renegade. 622 APPENDIX. JOHN MACCULLOCH, M.D., F.R.S., F.L.S., F.G.S., &c, &c, &c. Dr. John MacCulloch was born in Guernsey, on the 6th of October, 1773. He was descended from an ancient Scottish family, who possessed considerable property in Galloway, but who had suffered much from their attachment to the cause of the covenant, and their opposition to the tyranny of Charles the Second. He was the third son of Mr. James MacCulloch, a gentleman who was loved and respected by all who knew him, and Elizabeth, daughter of Mr. Thomas De Lisle, of Smith-street, one of the jurats of the royal court of Guernsey. In his childhood, Dr. MacCulloch was thoughtful and fond of being alone. He seldom played with other children, but when the hours of study were over, was in the habit of going into a room which his father, who was a man of scientific and literary attainments, and a good mechanic, allowed him to call his own, and the door of which he contrived to fasten with a large bent needle in such a manner as to prevent his brothers entering. Here he amused himself by drawing, carving various articles in wood and cocoa-nut shell ; and, at a very early period, in at tempts to make gunpowder, and, after he had effected that, in manufacturing fireworks. His family was at this time residing in Cornwall, and the first school he was sent to was the grammar school at Plympton. He was afterwards removed to one at Penzance ; and thence, in 1787, to the grammar school at Lostwithiel, where he remained three years, and where his talents seem to have been appre ciated by the master. In 1790, he went to prosecute his medical studies at Edinburgh, where he obtained his diploma of physician, at the age of eighteen, being the youngest man who had ever passed the examination, which was then very severe. He subse quently entered the artillery as assistant-surgeon, and on the 5th of April, 1803, accepted the situation of chemist to the board of ordnance. In 1807, he resided at Blackheath, where he practised as a physician. About the year 1811, he was engaged by government to make various surveys in Scotland. He in consequence gave up his practice, which he never regularly resumed, although he was frequently consulted. The first business on which he was employed in Scotland, was in a search for stones adapted to the use of the government powder mills. The second was an examination of the principal mountains, with a view to the repetition of the experiments which had been made at SchehaUian on the density of the earth. The third had for its object the cor rection of the deviations of the plumb-line on the meridian of the trigonometrical survey. Whilst he was making these surveys, he also employed himself in geolo gical observations, and in collecting materials for a mineralogical map, as well for his own amusement and instruction, as with the hope that they would become useful to the country at some future time. In 1826, he was desired by govern ment to complete the work he had thus begun ; and this was the commencement of the last great public work in which he was employed — the mineralogical and geo logical survey in Scotland, which was continued every summer from 1826 to 1832, when he completed it. During the winters of these years he put in order the ob servations made in the summer, drew sections, prepared the map, &c. This gigantic work, the labour of one individual, has never been surpassed by any un dertaking of a similar nature. While thus actively engaged, Dr. MacCulloch still found time to publish, between the years 1819 and 1831, several works, the result principally of his labours in Scotland. Two are on geology, three on subjects more exclusively connected with the country in which he was labouring. He also published a treatise on the art of making wines, which reached a fourth edition ; and, though unable to follow up the practice of his profession, never lost sight of it, the proofs of which we have in two elaborate works, one on malaria, the other on remittent and intermittent diseases. He contributed many papers to Brewster's Edinburgh Encyclopedia, and Brande's Philosophical Journal. He published many articles in the Transactions of the Geological Society, and wrote frequently in the Edin burgh and Westminster Reviews, and in the London and New Monthly Magazine. Dr. MacCulloch's writings contain internal evidence that they must have APPENDIX. 623 resulted from deep thought, based on an intimate knowledge of the subjects he treated of. The acquisition of this knowledge was gained by intense study, aided by a wonderfully retentive memory. The variety of his acquirements was not less remarkable than their extent. Allusion has been already made to his knowledge of medicine, geology, mineralogy, chemistry, and trigonometry. He was also well acquainted with theology, astronomy, zoology, botany, physics, and the mechani cal arts. He was skilled in architecture. , He drew well, and has left an immense number of drawings. He was a good musician, and his musical compositions show that he was conversant with the theory as well as with the practice of the science. His accomplishments, as they are called, were cultivated at times which many persons pass without employment. His drawings were done while others were employed in walking or riding. His flowers and herbs were examined, dried, and painted before breakfast in the long summer mornings. When he used to practise music, he did so during the twilight hours. In short, no portion of his time was unoccupied. And the magnitude of his labours appears still more re markable, from the fact that for many years he was, for a longer or shorter period every year, afflicted most severely by the effects of malaria. He completed, in 1830, a work entitled "Proofs and Illustrations of the Attributes of God, from the Facts and Laws of the Physical Universe ; being the Foundation of Natural and Revealed Religion." It was intended for publication in the following year ; but its appearance was delayed by the announcement of the Bridgewater Treatises. In obedience to his last will, it was published in 1837, in 3 vols. 8vo. Dr. MacCulloch was fellow of the Royal, Linnean, and Geological societies, and at one time vice-president of the last. In 1820, he was appointed physician in ordinary to Prince Leopold of Saxe-Cobourg. For some years, and till his death, he filled the situation of lecturer on chemistry and geology, at the East India company's establishment, at Addiscombe. He married, in the summer of 1835, Miss White, whose family at one time resided near Addiscombe. He was with her in Cornwall, on a visit to his old friend, the Rev. John Buller, of St. Just, when the accident occurred which led to his death, on the 21st August, 1835. He was thrown out of a pony phseton, by which, in addition to other injuries, his right leg was so shattered that amputation became necessary. The firmness and calmness of his mind, and his entire resig nation to the will of God, were manifested during the operation. From time to time he asked questions of the surgeons, and even gave them directions. He, however, only survived the operation a few hours. He was buried in the church yard of Gulval, a village near Penzance, in which his father had resided, at one period of his life, for some years. CAPTAIN WILLIAM LE MESURIER TUPPER, 23d ROYAL WELSH FUSILIERS, LATE COLONEL IN THE BRITISH AUXILIARY LEGION IN SPAIN. This gallant officer entered the British army by purchase, as a second lieutenant in the 23d, or royal Welsh fusiliers, on the 4th of September, 1823, and on the 1st of August, 1826, obtained an unattached company, also by purchase, being imme diately re-appointed to the 23d by paying the difference. Thus, in less than three years, he attained the command of a company in this distinguished regiment. He spent the nine succeeding years chiefly with his regiment, in garrison at Gibraltar, accompanying it in the expedition to Portugal in 1827, under Sir William Clinton. Early in 1835, Captain Tupper, whose reckless feats of daring will long be remem bered at Gibraltar, returned with the 23d to England, and soon after an order in council was issued, permitting and encouraging British subjects to enter the ser vice of the young queen of Spain, whose government had been unable to suppress an insurrection in favour of her uncle, Don Carlos, in the northern provinces. Disappointed in his wish of purchasing an unattached majority, as there was no ¦early prospect of his obtaining one in the 23d, and tired of the inactivity of a gar- 624 APPENDIX. rison life, Captain Tupper was unhappily induced, in conjunction with other British officers,* to exchange on half-pay, and to accept of promotion in the British Auxi liary Legion, then raising, to be composed of ten thousand men, and commanded by Lieutenant-Colonel Evans, M.P. for Westminster, with the rank of lieutenant- general. Disinterested almost to a fault, and possessed of an independent private fortune, Captain Tupper could have no other motive in joining the legion than that of seeing service and of acquiring distinction at the head of a regiment. Lieut. -Colonel Tupper was at once appointed to command the 6th, or Scotch Grenadiers, which regiment was raised in Glasgow, and whence he proceeded, in August 1835, with the first division of nearly four hundred men, in a large steamer to Santander, touching at Falmouth for coals and water. From Santan- der he was almost immediately detached to Portugalette, a small town at the mouth of the river leading to Bilboa, and which was then threatened by the Car- lists. Here he animated his young troops by his conduct and example, exposing himself on every occasion with the utmost fearlessness. Bilboa itself being at this time closely invested by the insurgents, the 6th accompanied the greater part of the legion thither, Lieut. -General Evans having been urgently requested by the governor of that important town to effect its relief. A few days after their arrival, a division of the Queen's Spanish troops left Bilboa to join the army of the Ebro, under General Cordova, and, being attacked by the enemy double their number, under Don Carlos in person, were compelled to return in the greatest disorder. The Carlists pursued them close to the town, and, passing a bridge, menaced the garrison, when the 3d and 6th regiments of the legion advanced in column, drove the enemy back across the bridge, and successfully terminated the affair. Having covered the construction of some new works round Bilboa, the British legion marched from that town on the 30th October, for the purpose also of join ing the army under General Cordova. The Carlists in force endeavoured to pre vent this junction, but it was effected at Briviesca on the 8th November, after many long circuitous marches, during which the stragglers, when taken, were shot without mercy. The legion arrived at Vittoria early in December, and remained there, or in the vicinity, during a very rigorous winter, hundreds, as is well known, falling victims to an epidemic fever arising from every possible privation. In January, the legion co-operated, as a detached corps, with the Spanish army in an attack on the Carlists in the neighbouring mountains ; but after a trifling engagement and a bivouac of three frosty nights, mercilessly cold, the British re turned disappointed and discontented to Vittoria, the allies under General Cordova having previously sustained some check, and retreated. In the spring of 1836, the town of San Sebastian was vigorously blockaded by the Carlists, who had been for some months employed in fortifying the adjoining heights, and the legion was detached to its relief. The health of Brigadier-Gene ral Reid, who commanded the light brigade, consisting of the rifles, 3d, and 6th regiments, having suffered from fever, he was succeeded by Colonel Tupper, who left Vittoria for Santander on the 12th April, in command of the brigade, the other brigades, with General Evans, following on the succeeding days. The light brigade arrived at San Sebastian on the 22d April, and the British were received there with every demonstration of joy. The following is an extract from » long private letter, published in the Courier of the 9th May : — " Saw Sebastian, April 29.— Lieut.-Colonel Tupper, of the 6th regiment, from the high state of discipline of his corps, has been promoted to the rank of colonel ; he commands, ad interim, the light brigade, two thousand strong, composed of the finest and most efficient men in the legion. Much is expected from the en avunt dashing character of this officer. Before the expiration of a week a blow will be struck. Notwithstanding the strength of the enemy's lines, and the difficult nature of the country, I have no fears as to the result." Brigadier-General Reid, however, reached San Sebastian, and resumed the com- * Of the ten officers on full pay of the British army (including one of engineers and one of artillery,) who joined the legion, the only two killed in Spain were Guernseymen, viz., Col. Tupper, and Col. Oliver De Lancey, captain of the doth or king's rifles, who was mortally wounded at the head of his regiment near San Sebastian, 1 5th March 1837, and died the 22d. APPENDIX. 625 mand of the light brigade, before any attempt was made to dislodge the Carlists from their triple line of defences near that town. The greater part of the legion having arrived, General Evans decided to attack at daybreak on the 5th May, and the three brigades marched out in silence during the night, for that purpose. To the light brigade was assigned the assault of the enemy's right and centre. From want of space, the notice of the deadly combat which ensued must necessarily be Umited chiefly to the part taken in it by the Scotch grenadiers. The first Une was carried, but the second presented such formidable obstacles, and was so obstinately defended, that the three brigades were everywhere repulsed with great slaughter, particularly of officers. On this sanguinary day, the 6th,* having already suffered severely from the fire of a battery of three guns, moved along a high road, hoping to break the centre of the enemy's Une ; they advanced about fifty yards au pas de charge, but, on reaching an angle, were assaUed by a dreadful fire of musketry from a wall built across the road and from two large houses, with five tiers of loop-holes, which flanked the parapet on either side. Colonel Tupper, who now had his left shoulder shattered by a bullet, and his gallant major, Ross,f urged the men to make one dash ; but they recoiled with horror from the walls of living fire, and retreated to the shelter they had just left, where they were ralhed and reformed. A breach was at length effected in a redoubt to the left, by sheUs thrown from the Phoznix, steamer ; and two regiments, the 4th and 8th of the legion, having most opportunely arrived, during the battle, from Santander, they were instantly landed and led to the attack of the breach, which they carried, the leading company being commanded by the truly gallant Captain John Allez, a native of Guernsey, who feU covered with wounds. While this attack on the enemy's left was in progress, Colonel Tupper sprang forward, and headed his regi ment in an assault of the entrenchments on the right. Advancing under a heavy fire, he received another wound in the left arm, and a severe contusion in the side, but pushed on, sword in hand, until a bullet pierced his schako, and entering the right temple, lodged in the brain. Another bullet had previously perforated his schako near the top. Thus the presentiment, which he had long entertained that he should faU in the first serious affair, was unhappily ac- comphshed, and thus the wish which he had often expressed of dying in battle, was too fataUy realized. He appears to have commanded the brigade in the last attack, Brigadier-General Reid having been previously wounded, and his regiment had nine officers and about a hundred men killed and wounded. When it was known in Guernsey that the British legion had attacked and carried the CarUst lines after a severe loss, the general impression was that Colonel Tupper had faUen, so responsive was the prediction mentioned in the Times, — a prediction emanating from his weU known daring and devotion. When the prediction was verified, but one feeling of sympathy and regret was expressed in the island for the gallant victim ; and his brother officers of the 23d evinced the same feeUng, by going in a body into mourning. Notwithstanding that the buUet had penetrated half an inch into the brain, and could not be extracted, Colonel Tupper survived eight days, during the greater part of which he was sensible, and spoke of his approaching dissolution with the utmost composure and fortitude. He suffered at first great pain from the contu sion in the side, and at last from the wound in the temple, from which a smaU detached fragment of the bullet was extracted the day previous to his decease. Colonel Tupper was a tall and very handsome young man, muscular and weU proportioned, and on the 1st May had completed his thirty-second year, although in appearance he was considerably younger. The favourable opinion entertained of him by his companions in arms wiU be * The late Ensign Walter Carey, of the 15th regiment of foot, a native of Guernsey, and a very fine young man, who unhappily perished in the conflagration of the barracks at Cham- bly, Lowei Canada, 19th of October, 1838, was a lieutenant in the 6th regiment in the battle of the 5th of May, near San Sebastian, and the cross of San Fernando was conferred on him for his gallantry on that day. t Major Ross had long been lieutenant of Captain Tupper's company in the 23d, and the two officers, who were warmly attached, entered the legion at the same time. R R 626 APPENDIX. seen by the following extracts from the London newspapers of the day, the more impartial as the names of the authors were not mentioned, and are quite unknown to the family : — " San Sebastian, May 15.— On Friday, Colonel Tupper, who received a musket shot in the head, whilst most gallantly encouraging his regiment, the 6th (Scotch), to the attack in the action of the 5th instant, breathed his last. From the nature of the wound, the ball having entered the forehead and come out behind the ear, little, if any, hopes were entertained of his recovery. On his skull being opened after death, a large fragment of the bullet was found imbedded in the brain. Yesterday he was buried with all due military honours, his own regiment preceding the coffin, whilst detachments from all the others followed it. In the procession were General Evans and his staff, and nearly all the officers of the legion ; all the civil, military, and naval authorities of the town, and the captains of the British and Spanish war-steamers that were in the port, the French consul, &c. Colonel Tupper was a man of the most daring courage, and an excellent officer. Though his loss is deeply regret ted, yet his death may be said to have been expected, as almost every one who saw him, and amongst those the Spanish officers at Vittoria, prophesied that he would fall in the first serious affair in which he should be engaged." — Times, May 23. "Head Quarters, San Sebastian, May 15, 1836. — The remains of the lamented Colonel Tupper, who expired on the previous day, from the severe wounds he received in the action of the 5th instant, were yesterday consigned to the grave. He was buried on the spot where he received his mortal wound, in front of the formidable redoubt which his gallantry so mainly contributed in carrying. "The news of his death pealed like a knell upon the ears of the legion; but one feeling appeared to pervade both Spanish and English— a feeling of deep regret, and an amiable desire to pay the last tribute of respect to his remains. " At twelve o'clock precisely the procession moved off in the following order : — A firing party of the 6th regiment, commanded by Lieutenant- Colonel Ross. A Spanish Band. The Horse of the deceased. Pall Bearers. Pall Bearers. Colonel Colquhoun. THE BODY. Colonel Godfrey. Lieut. -Colon el Churchill. Colonel M. Ross, Mourners. Mourners. Inspectors- General of Chief Mourner. Deputy Inspectors- Gen. Hospitals. Adjutant-General. of Hospitals. Dr. Culloden. Brigadier- Gen. Le Marchant. R. Alcock, K.T.S, Dr. Dicker. Dr. Wilkinson. The remainder of the 6th regiment. A detachment of artillery. Officers, Spanish and English, in funeral order. The Lieutenant- General, Accompanied by the Spanish Governor, Members of the Ayuntamiento, Colonel Wylde, (his Britannic Majesty's Commissioner,) the French Consul, Captain Henderson, and the Officers of his Majesty's ship Phoenix. " Nothing could exceed the staid and respectful demeanour of the population of San Sebastian on. this mournful occasion. The streets through which the procession moved — the road, even as far as the spotwhere he fell — were lined with people, who were anxious to pay the last compliment to the remains of the gallant soldier, who had, in the very noon-tide of manhood, fallen in their defence. When the procession did reach the fatal spot, where fell one of the brightest ornaments of the legion, it would require the pen of a Scott to describe the scene that presented itself. At our feet was the broad expanse of the Atlantic, and the fair white city shining brightly in the morning sun. Above us the dark gloomy Cordillera of the Pyrenees — before us the ruined redoubt, and the grave yawning for its prey, around which stood a group of officers, of every arm, and a confused mass of natives, in every pic turesque variety of costume. " The beautiful church service of the dead was impressively read by Brigadier- Gen eral Reid, and as the coffin was slowly lowered into the grave, the varying countenances of all present but too deeply pourtrayed the feelings of grief and regret by which they were agitated. "Frank, open, and generous, the soul of honour, brave to a fault, the beau ideal of a gallant and chivalric soldier, Colonel Tupper had gained the esteem and respect of all who knew him. Irreproachable in his life, glorious in the manner of his death, to him may fairly be applied the beautiful epitaph of Tacitus on Agricola : — "Tu vero felix Agricola, non tantum claritate vitae, sed etiam opportunitate mortis." — Courier, May 23. " San Sebastian, May 26, 1836. — The brave Col. Tupper, who belonged to General Reid's brigade, had a presentiment of the fate that awaited him, and often mentioned to tbe general that he should be shot before Christmas. Gen. Reid assured him that he should not, for he would not allow him to push on, as he seemed resolved to do. The day before the battle, Tupper said to some of his friends, he felt convinced that he should be killed j yet such was his gallantry, that he entreated General Reid to allow him to pass the river first, and the general, instead of restraining him, obtained permission for him from the commander- in- APPENDIX. 627 chief that the 6th should pass first. Before he received the fatal wound in the head, he had also got a severe one in the arm, which he studiously concealed."— Courier, June 1. Extract from oknerai. order.— "Head Quarters, San Sebastian, May 17, 1836.— Here also fell, mortally wounded, the rebel chief Segastibelza. On the other hand it was in this last charge that Colonel Tupper received his wounds. He was leading on his men with that daring ardour which those who knew him can conceive. He met the fate of a brave soldier, and his honoured remains now rest beneath the spot ennobled by his fall " THOMAS DE SAUSMAREZ, Son of Mr. John De Sausmarez, attorney-general of Guernsey, and of Martha, daughter of Mr. James Le Marchant, was born on the 10th of October, 1756. He received his early education in London, and was originally intended for the army, his relative, Colonel Burrard, having offered to procure him a commission in the guards ; but upon the death of his father, in the year 1774, he was induced, at the soUcitation of his mother, to change his views from the military to the civil profession, and, at the early age of eighteen, received his appointment as solicitor- general of Guernsey upon the promotion of Mr. Hirzel Le Marchant to the vacancy which his father's death had occasioned in the office of attorney-general. On receiving his appointment, Mr. De Sausmarez proceeded to Rouen, and entered as an " Etudiant en droit," devoting himself with much assiduity to the study of the Norman law, and regularly attending the courts of judicature in that city, which were then thronged by the most eminent practitioners at the French bar- In 1777,' he returned to Guernsey; and, having been sworn into office as soUcitor -general, commenced his professional career in that capacity. In 1793, he was appointed Attorney-general, and discharged the duties of this office until the year 1830, when, after a period of fifty-three years' service, he resigned his commission, and retired from pubUc life. From his first entering the profession, Mr. De Sausmarez acquired and maintained, to the period of his retirement, an extensive and respectable practice, in the conduct of which he obtained the vene ration of the bar, and the confidence of the bench. He was on many occasions deputed by the states and royal court of the island to defend their interests before the privy council in England ; and, in addition to the ordinary duties of attorney- general, he discharged for many years the functions of deputy judge-advocate, an office of no small responsibiUty during the war, when the garrison of the island amounted to several thousand men, and courts-martial were of very frequent occurrence. The foUowing brief outline of his character is condensed from the local papers which announced his demise, at which period the whole press were unanimous in bearing testimony to his great merit, his benevolence, and integrity : — ' ' Wearied " by the burdens of public life, Mr. De Sausmarez retired to his country seat, " in the rural retreat of which he sought, and no doubt found, by rational recrea- " tion and in the exercise of aU the virtues which shed a lustre on the virtuous " citizen, that cheerful repose which his useful civil services deserved. His " knowledge and experience were such, and the respect and esteem he had acquired " so great, that some of the highest functionaries deemed themselves honoured by " his advice on knotty points of law. Although Mr. De Sausmarez never shone " by the borrowed light of a fanciful and florid oratory, still this seeming defect " was more than amply compensated by a profound knowledge of the laws, a con- " summate sagacity, and by a racy and convincing force of expression, far supe- " rior in every respeet to the superficial acquirements of a studied and elaborate " declamation. Universally esteemed, he strove to reconcile and adjust those " trivial disputes which often give rise to ruinous expenses and interminable law "suits, and recommended the litigants to settle their differences out of court. " This truly honourable man ever stood the protector — the zealous, warm protec- " tor of the persecuted, never claiming remuneration from those whom he knew " were iU capable of affording a suitable equivalent for his valuable and disinterest- " ed services — conscious of the integrity of his motives, he felt that his best reward ' ' was the approval of an unsullied conscience. In private life he was no less con- R R 2 628 APPENDIX. " spicuous for prudent liberality, than for a careful and provident economy; " indeed, he combined the dignity of the perfect gentleman with the mildness and " affability of the christian. A staunch and uncompromising patriot, he was the " first to uphold the privileges of his country, and to exert his utmost talents and " influence against any invasion of those just rights and immunities which the sons " of Sarnia have so justly obtained." On the 31st of March, 1837, when in the full enjoyment of his health and faculties, Mr. De Sausmarez was visited by a severe fit of apoplexy, which deprived him of speech, and the foUowing day, surrounded by his family, he ex pired at his seat, Sausmarez Manor House, at the venerable age of 81. Mr. De Sausmarez was twice married ; first, to Martha, daughter of Mr. Isaac Dobree ; and, secondly, to Catharine, daughter of Sir Peter De HaviUand : by both these marriages he has left numerous issue, and, by the former, Mr. John- Thomas De Sausmarez, the present solicitor-general of the island. ADMIRAL LORD DE SAUMAREZ. It is the chief duty of a biographer to collect his facts with industry, and to state them with fidelity, neither exaggerating the merits nor conceaUng the defects of those, whose Uves and actions he proposes to commemorate. So rarely is virtue untainted with vice ; so seldom is elevated rank free from pride ; so unfrequently does it occur that the most resplendent abilities are unclouded by some paltry passions, or some detractive qualities, that the historian, who is sufficiently honest to speak the truth, scarcely ever enjoys the good fortune of bestowing unmixed praise without sacrificing his sense of veracity. It is the singular feUcity of the writer of this memoir, to pourtray the character of a man, great — as he beUeves him to have been — in every pubUc and every private virtue. Brave, skilful, and enterprising, as a sailor ; patriotic, Uberal, and unostentatious, as a citizen ; an affectionate husband ; a tender parent ; a generous master ; the patron and promoter of every religious institution ; pious, without bigotry ; firm, without intolerance ; a friend to popular education ; charitable to the poor ; accessible to his inferiors ; amiable in disposition ; unassuming in his manners, this truly great and good man lived without an enemy, and a nation mourned over his grave. One of the most ennobling characteristics of his mind and heart, was his devoted affection to the land of his birth, and Guernsey may feel an honest pride in the reflection that the most illustrious of her sons, after having gloriously, and by his own personal merits, received the highest honour which the sovereign could bestow on a subject, preferred the simplicity of his paternal hearth to the fascina ting allurements of the most splendid court in Europe. This feeling accompanied him to the grave. Ambition would have looked to "Westminster Abbey, but the mortal remains of the hero and the patriot, sleep within the precincts of the humble viUage church, situated nearly in the centre of the small island in which he first saw the Ught of heaven. Admiral the Right Honourable James, Lord De Saumarez, was born on the 11th March, 1757, in the town of St. Peter-Port, Guernsey. The family, whose original name was De Sausmarez, is of Norman extraction, and of great antiquity in the island, where their genealogy can be traced nearly to the Norman con quest. Their remote ancestor received from Henry, the tenth duke of Normandy, (afterwards Henry the Second, of England,) the fief of Jerbourg, and was appointed hereditary captain, or chatelain, of the castle of that name, which was situated within the limits of the fief, in the parish of St. Martin. In the twenty-seventh year of the reign of Edward the First, at a court of chief pleas held at Guernsey, in the presence of the judges of assize, Matthew De Sausmarez did homage for this fief ; and in the fourth year of Edward the Third, an application was made by Matthew De Sausmarez for the confirmation of his rights and prerogatives, as they were anciently enjoyed by his ancestors. On receipt of this petition, his majesty sent an order to John Des Roches, guardian of the Channel Islands, to make a perquisition thereon, authorising him to give his royal assent to it, if not found APPENDIX. 629 prejudicial to the rights of the crown or the privileges of the inhabitants, who, by the consent of his majesty's father, had fortified the castle of Jerbourg, as a place of retreat and protection, as also for the security of their effects, in case of invasion by the enemy. The subject of this memoir felt an early predilection for the naval service, and perhaps his youthful ideas might have received this bias from hearing his famUy mention the names of his uncles, Captains PhiUp and Thomas De Sausmarez, who saUed under the orders of Commodore Anson, in the memorable expedition to the South Sea. In 1770, being then thirteen years of age, our hero commenced his glorious career, by entering as a midshipman on board the Montreal, commanded by Commodore Alms. He next served in the Winchelsca and Levant frigates, under the respective commands of Admirals GoodaU and Thompson, and after having remained five years on the Mediterranean station, he returned home in 1775. Shortly after his arrival in England, Mr. Saumarez joined the Bristol, of 50 guns, bearing the broad pendant of Sir Peter Parker. On the 26th of December, 1777, the admiral sailed from Portsmouth, with a squadron of ships of war, and a fleet of transports, having on board a large body of troops, under the command of the Earl CornwaUis, destined for an attack on Charlestown, in America. The first object of the combined forces was to obtain possession of Sullivan's island, situated about six miles below the town, and strongly fortified. On the 28th of June, at eight a.m., the squadron began the attack by a furious and incessant cannonade, which continued with Uttle intermission, until nine o'clock at night. Never did British valour shine more conspicuously ; the spring of the Bristol's cable being cut away by the shot from the batteries, she lay for some time exposed to a dreadful raking fire : at one period her quarter-deck was entirely cleared of every one except the commodore, who stood on the poop-ladder alone, a spectacle of true British intrepidity and firmness. During this severe conflict, Mr. Sau marez had a very narrow escape : at the moment when he was pointing a gun on the lower deck, of which he had the command, a shot from the fort entered the port-hole, struck the gun, and killed or wounded every man but himself. A few days after the action, he was appointed acting-Ueutenant of the Bristol, which appointment was confirmed by Lord Howe. From that period, to 1779, Lieut. Saumarez was employed in America, upon most important and active services connected with the army. He was in the boats of the Bristol on every landing that took place, from the first disembarkation of the troops in Gravesend bay, to the landing at RocheUe ; subsequently, he had the command of the Spitfire galley, in which he rendered great services, by clearing the coast of the enemy's privateers, and driving on shore and destroying a ship very superior in force to his own. Shortly afterwards the French fleet, under Comte D'Estaing, appeared off Rhode island, when the Spitfire was destroyed, to prevent her faUing into the hands of the enemy. Returning to England, in the Leviathan, he narrowly escaped ship wreck on the SciUy islands. Soon after his arrival, Mr. Saumarez was appointed Ueutenant of the Victory, under Sir Charles Hardy, and continued in that ship, under different flag officers, until his removal, as second Ueutenant, into the Fortitude, with Vice-Admiral Sir Hyde Parker. In this ship he participated in the battle with the Dutch fleet, under the command of Admiral Zoutman, off the Dogger bank, on the 5th August, 1781. This action was so severe, that it recaUs afresh to the memory, those dreadful sea-fights between England and Holland, which were witnessed in the preceding century. In consequence of the bravery which he displayed in this action, Mr. Saumarez was promoted to the rank of commander, although only second lieutenant ; the first being wounded early in the action, his duty had fallen on him, and shortly afterwards he was appointed to the Tisiphone, a fire-ship, on a new construction. When the squadron arrived at the Nore, his majesty, ever desirous of bestowing marks of approbation on his brave seamen, honoured it with a visit. On this occasion, Captain Saumarez was presented to the king, who immediately asked Sir Hyde Parker, " Is he a relation of the Saumarez' who went round the world with 630 APPENDIX. Lord Anson ? " " Yes, please your majesty," the admiral replied, " he is their nephew, and as brave and as good an officer as either of his uncles." In the month of December following, the Tisiphone formed part of a squadron under Admiral Kempenfelt, when that brave officer captured a number of French merchantmen, in the presence of a superior force, commanded by Comte De Guichen. This success was, in a great measure, owing to Captain Saumarez, who first discovered the enemy. Signals being made at the same time from another ship, that vessels were in sight in an opposite quarter, the admiral was for some moments doubtful which to attend to, but he soon formed his decision, observing, " I know Saumarez, I can depend upon him," and immediately gave orders to chase accordingly. Captain Saumarez succeeded in taking several of the trans ports, one of which, a ship of 30 guns, had 400 troops on board. It now became an object of the utmost importance to apprize Sir Samuel Hood, the English admiral in the West Indies, of the sailing of this fleet, and Captain Saumarez was selected for this service, a circumstance which led to so important an event in his professional career, that we cannot pass over the particulars in silence. Having delivered the despatches to Sir Samuel Hood, he was informed that he must immediately proceed with them to Jamaica ; but Captain Saumarez, anxious to remain at the seat of operations, (the French fleet being then only four or five miles off,) represented to the admiral that the Tisiphone, being a fire-ship, might prove useful in an encounter with the enemy, on which Sir Samuel decided to send another vessel with the intelligence. Great, therefore, was the disappoint ment of Captain Saumarez, when not many days after, he was ordered to England with despatches, the admiral having no other vessel for that service. He had already quitted the Barfleur, when Captain Stanhope, of the Russell, approached, and hearing of his departure, said, " Captain Saumarez, had I known sooner of your going to England, I should have requested the admiral to allow me, from the bad state of my health, to exchange with you." Captain Saumarez promptly replied, " perhaps it is not too late ; do you give me leave to propose it ? " The two captains returned to the Barfleur, and on a request being made to Captain Saxton to submit the subject to the admiral, he said, " Captain Saumarez, do it yourself, you are the fittest person." When Sir Samuel heard the proposal, after reflecting a few minutes, he said, " Captain Saumarez, you know not how much I wish to serve you ; Captain Stanhope shall go home as he desires, and you shall have the command of the Russell;" and, before the day closed, Captain Stanhope was in the Tisiphone, on his way to England, and her late commander in possession of his post rank, and captain of a ship of the Une, of 74 guns ; and ah this effected in less than two hours ! The same night on which he took the command of the Russell, he had cause to find that honours bring cares. A report was made to him that the ship was in a state of mutiny, and that a shot had been thrown at one of the officers. He soon found, indeed, that he had a most disorderly ship's company ; but the firm, prompt, and judicious regulations which he immediately estabUshed, brought the crew so effectually into order, that two months after, at the memorable battle of the 12th April, 1782, no ship was in a higher state of disciphne than the Russell. It is here unnecessary to give a general account of that glorious engagement ; we shaU, therefore, confine ourselves to a few particulars of the share the Russell had in the contest. Captain Saumarez belonged to the van division, and was the only one who, having passed the enemy's rear, wore round on the same tack with the enemy, again brought his ship into action, and, finally, having come up with the Ville de Paris, wore under her stern, and engaged her on the quarter for some time, when the Barfleur came up, and the Comte De Grasse hauled down his colours. Some days after, the Comte acknowledged to Captain Saumarez that the Ville de Paris suffered very severely from the fire of the Russell. At one period of the action, when the Russell was separated from the main body of the EngUsh fleet, and exposed to the fire of several of the enemy's ships, Sir George Rodney, surprised to see an EngUsh ship to windward of the French, warmly expressed his approbation of her commander, emphatically declaring, " that is a fine feUow, whoever he is." APPENDIX. 631 On the arrival of the fleet at Jamaica, the Russell was found to be in so disabled a state, that Sir George Rodney determined to keep her to accompany the prizes to England, in order to give her time to repair. Sir Peter Parker, in the Sand wich, with the Ajax and Intrepid, sailed at this time with a convoy of merchant ships ; but the Ajax, having sprung a leak, was obhged to return to Port Royal, and the Russell was appointed to replace her. By extraordinary exertions, Captain Sauinarez was ready in two days to foUow the Sandwich, and to this providential circumstance may be ascribed the escape of the Russell from the melancholy fate which afterwards befel the prizes, and the unfortunate ships with them. He arrived in the Downs on the 29th July, and the Russell proceeded to Chatham, where she was paid off in the following month. The war soon after terminated, when Captain Saumarez retired to his native island, to enjoy the society of his family and friends. The same energy of mind which had animated his actions in the busy and ever changing scenes of war was no less actively displayed when he entered on the regular occupations of private life. He took a leading part in the establishment of useful institutions, particularly Sunday schools, aud whatever was likely to promote the good of those around him always received his zealous support, ever exhibiting in his conduct a striking example of a moral and rehgious life, and acting as one who is conscious that he is created for a higher destiny than this probationary state is intended to accompUsh. But while it was his purpose and his principal desire to fulfil the duties of the station in which he was placed, he did not neglect to cultivate the exterior graces which embellish society, and adorn the moral virtues. For this, he was eminently qualified both by nature and circumstances. His person was tall, handsome, and graceful, and to a countenance expressive of the dignity and benevolence of his mind, he united the elegant manners of a perfect gentleman. At an early age, he had attained, by his own merit, a high rank in his profession, and had fully established a character equally exalted for courage and professional talent. Pos sessing such advantages, it may be supposed that his influence was proportionably successful, and that his residence in the land of his birth was an acquisition to all classes. We now come to a most important era, — the commencement of a series of naval triumphs, which will ever Uve in the records of the British empire. The war of the French revolution broke out in 1793, and early in January, Captain Saumarez was appointed to the Crescent, of 36 guns. He had been offered the Beaulieu, and the Flora, but preferred the Crescent, as being in a greater state of forward ness. In this ship, when off Cherbourg, he had the good fortune, on the 20th of October foUowing, to capture, after a close action of two hours and twenty minutes, the French frigate La Reunion, of 36 guns, and 320 men, 120 of whom were either killed or wounded, whUst the Crescent had not a single man hurt. This gaUant action procured him the honour of knighthood, and the merchants of London presented him with an elegant piece of plate. Sir James Saumarez was now attached to the squadron under Admiral Macbride, which formed a part of Lord Moira's expedition in favour of the French royalists. The next exploit performed by this distinguished seaman displayed in a striking Ught both his nautical skiU and his cool intrepidity. On the 5th of June, 1794, when proceeding from Plymouth to Guernsey, with the Druid and Eurydice under his orders, he feU in with an enemy's squadron of more than double his force, consisting of two seventy-fours cut down, two frigates, and a corvette ; but as the details of this brilliant affair are recorded in this history,* it is unnecessary to repeat them here. From the period of Lord Howe's glorious victory, on the 1st of June, it had been Sir James's ambition to obtain a ship of the line. His zeal had not sufficient scope in a frigate, and he used to say, " Though I shall lose the chance of getting rich, I must have a ship fit to take part in such a triumph." Accordingly, on his appUcation to Lord Spencer, first lord of the admiralty, he was appointed in March, 1795, to the Orion, of 74 guns, expecting that his officers and ship's com pany would be aUowed to foUow him into that ship ; but great was his surprise, on * See page 165. 632 APPENDIX. applying for the order for their removal, to be informed that it could not be com- pUed with, being contrary to an established rule. Sir James immediately set off for London, to remonstrate on the hardship of enforcing the rule towards his ship's company, who were nearly aU volunteers ; many of them being natives of Guern sey, where they were not liable to be impressed, whilst others from Devonshire had actuaUy refused the bounty offered for general service, in order to enter for the Crescent. Sir Charles Middleton, with whom the arrangement rested, not withstanding these reasons, was inflexible. Sir James then went to Lord Spencer, who, after considering the particular circumstances of the case, kindly said, "We must prevail upon Sir Charles to relax from this decision ; it must be done." Whilst the Orion was getting ready for sea, Admiral Waldegrave (the late Lord Radstock) appBed to the admiralty for Sir James to go out in the Marlborough, with the squadron under his command. They sailed from Spithead on the 21st of April, but after cruising for six weeks, without meeting a single vessel, the squad ron returned to Portsmouth on the 8th of June. The Orion being now ready, was immediately placed under the orders of Lord Bridport, and on the 11th, Sir James sailed again with renovated hopes of better success, and this time he was not dis appointed. On the 23d the fleet feU in with the enemy. The space allotted in this work to the memoirs of our distinguished countryman does not admit our inserting the details of either this or of the other memorable battles in which Sir James Saumarez was subsequently engaged. It is sufficient to say, that on this occasion he gave proofs of his usual zeal, ability, and intre pidity. The Orion, from being one of the sternmost ships when the chase began, was the nearest to the enemy at the commencement of the fight, and may justly be considered to have begun the action, for, though the Irresistible fired the first gun, it was owing to Sir James having reserved his fire until he could pour an effective broadside into the enemy. The Orion having undergone a thorough repair, was in September placed under the orders of Rear-Admiral Henry Harvey, and was employed on the expedition of Quiberon bay to assist the French royalists in that quarter. The particulars of the failure of this expedition need not be dwelt upon. It was finaUy determined, on the 13th of December, to withdraw the troops, and Sir James was entrusted with the superintendence of the embarkation, which, owing to the tempestuous weather, was not effected without great difficulty. He was then ordered to take charge of the convoy, consisting of the transports, storeships, and other vessels em ployed on the expedition. Scarcely had he parted with the fleet, when the weather became so threatening that he resolved on a bold measure to extricate his charge from the impending danger, by conducting the ships through a passage seldom at tempted by ships of the Une, and the convoy having gained an advance of twenty- four hours by this successful decision, providentially weathered Ushant before a tremendous gale sprung up, which must have occasioned serious damage had it not commenced before they were clear of land. The ships were so dispersed by the violence of the storm that few reached Portsmouth with the Orion, but Sir James was enabled to give such accounts to the admiralty as reUeved the board from great apprehensions for their safety. EventuaUy, they aU came in without a single exception, and on Admiral Harvey's arrival he expressed, in strong terms to the admiralty, his sense of the important service which Sir James Saumarez had so ably executed. In 1796, the Orion was employed under the orders of Rear-Admiral Lord Hugh Seymour, and subsequently joined the channel fleet, under Sir Alan Gardner. In January, 1797, Sh- James sailed with a squadron, under Sir William Parker, to reinforce Sir John Jervis, off Cape St. Vincent, whom he joined five days previous to the battle of the 14th of February. It is not necessary to give any further account of this action than of that part in which the Orion was concerned, which wUl be best described in the words of her brave commander, in a letter to his brother, written the day after the action. " Orion, Lagos bay, 15th February, 1797. " You will be happy to receive an account from me of the important victory obtained by our squadron, over the Spanish fleet, consisting of nearly double our force. The admiral having received previous information of their sailing from Carthagena, and of their cruising APPENDIX. 633 off the entrance of the Straits, gave us timely notice of the Intelligence by the signal to pre pare for battle. " Early yesterday morning, the weather being hazy, with light winds, the frigates on the look-out made the signal for discovering the enemy, and soon after we discovered several ships to leeward, and the body of the fleet to windward. We were then on the starboard tack, standing to the southward. The signal was made to different, ships to chase, and shortly after, for the fleet to form in line of battle, as most convenient. The enemy at this time were bearing down to join their ships to leeward, but we came upon them so fast, that, before they could effect the junction, the headmost ships, which were the Culloden, Prince George, Orion, Blenheim, and Colossus, with the Victory, and the rest coming up, it was effectually prevented. They then hauled their wind on the larboard tack, and our admiral made the signal for the fleet to tack. Our sternmost ships then became the headmost. " Commodore Nelson, who had joined from Elba the day before, shifted his pendant to the Captain, the leading ship, and distinguished himself most eminently. The Culloden, Blen heim, Prince George, and Orion, were the next that came up, and were warmly engaged for nearly three hours, with the body of the enemy's fleet, who had not the time or address to form into any order. But it is only doing them justice to say, they defended themselves very bravely. *' We were, for above an hour, opposed to a three-decker, the Salvador del Mundo, which finally struck to this ship. We lowered the boat from the stern, and gave orders to Mr. Luce, the first lieutenant, to take possession of her, still making sail for the other ships, and following Admiral Parker in the Prince George. The Excellent, which had passed us to windward, had made a line of battle ship, the San Domingo, strike some time before this. '* Several ships of the enemy were extremely shattered in their masts and sails j but, keeping up a warm fire on their ships, the Captain laid one of them, the San Nicolas, an eighty-four, on board, and hauled down her colours. A three-decker, the San Josef, wishing, I believe, to rescue the ship, got on board of her, and gave Commodore Nelson an opportunity of also hauling down her colours. His bravery, on this occasion, is above all praise. " The Numur, and other ships, had by this time joined the van, and engaged as they came up. I stood for a three-decker, which, after engaging some time, struck her colours. She at first showed a white flag, which, though I concluded to indicate a truce, was not satis factory to myself, aud we continued firing till they hoisted an English flag over the Spanish, on which we ceased firing. "The enemy's ships, many of which had not been in action, at this time came up, and were forming to windward. The admiral made the signal to wear, and come to the wind on the starboard tack, wishing, I believe, to keep bis squadron collected near the prizes, as well as the Captain, that was much disabled, besides the Colossus, which ship very unfortunately lost her fore-yard very early in the action. This ill-timed, but doubtless, necessary manoeuvre, lost us the additional triumph of having the Purissima Concepeion, to grace the ships already in our possession, and I experienced the regret of again seeing her resume the Spanish colours. " 17th. I have since found it was the Santissima Trinidad, and not the Concepeion, that struck, but afterwards got off ; and the St. Ysidro, of seventy-four guns, and not the San Domingo, that is captured." From this period to the end of April, 1798, Sir James was employed in the blockade of Cadiz, being the greater part of the time entrusted with the command of the advanced squadron. He was afterwards selected by Lord St. Vincent to accompany Sir Horatio Nelson in the Vanguard, on the important service of watching the armament fitting out at Toulon. The Alexander, Captain Ball, and the Emerald and Terpsichore frigates, were attached to the squadron. On the 20th of May, they encountered a violent storm in the gulf of Lyons, in which the Vanguard was reduced nearly to a wreck, having lost her foremast and topmasts, and sprung her bowsprit. "With difficulty they reached the bay of St. Pietro, in Sardinia, on the following day. By the assistance of the Orion and Alexander, the damages of the Vanguard were repaired in four days ! It was justly said by Nelson of this service : "The exertions of Sir James Saumarez, in the Orion, and Captain Ball, in the Alexander, have been wonder ful : if the Vanguard had been in England, months would have been taken to send her to sea ; here my operations will not be delayed four days, and I shall rejoin the rest of my fleet at tbe rendezvous." During the gale this little squad ron had a narrow escape, the enemy having crossed their track on the night of the 20th. On the 8th of June, Sir Horatio Nelson was reinforced by eleven sail of the line ; and, after a most anxious search in pursuit of the French fleet, they had the happiness of at length finding it, on the 1st of August, at anchor in the bay of Aboukir, at the mouth of the Nile. In allusion to this memorable event, Sir James writes : "When on the morning of the 1st of August the reconnoitring ship made the signal that the enemy was not there, despondency nearly took pos- 634 APPENDIX. session of my mind, and I do not recollect ever to have felt so utterly hopeless, or out of spirits, as when we sat down to dinner ; judge then what a change took place when, as the cloth was being removed, the officer of the watch hastily came in, saying, ' Sir, a signal is just now made that the enemy is in Aboukir bay, and moored in a line of battle.' All sprang from their seats, and only staying to drink a bumper to our success, we were in a moment on deck." On his appear ance, his men, animated by one spirit, gave three hearty cheers, in their joy at having at length found the long-sought-for enemy. The Orion, at this time, was one of the sternmost ships in the squadron ; but she so successfully seconded the exertions of her gallant commander, that she was the third ship which came into action. Having passed the Goliath and Zealous, - which had dropped anchor inside the enemy's line, Sir James took his station on the larboard bow of Le Franklin and the quarter of Le Peuple Souverain, engag ing both, having sunk the Se'rieuse frigate by a single broadside in taking up this position. During the action, Sh- James received a severe contusion on the side from a splinter, which killed Mr. Baird, his clerk, and mortally wounded Mr. Miells, a midshipman, who were standing close to him ; notwithstanding which, he refused the earnest solicitations of his officers to be taken below, and remained upon deck until the action ceased. At the time the I' Orient blew up, the Orion was considerably endangered by the explosion ; but, being happily placed to wind ward, the fiery fragments that fell in her were soon extinguished. Her vicinity to the I' Orient was the fortunate means of saving the Uves of nineteen of her crew, who, in trying to escape the flames, swam to the Orion. In this brilhant and important victory, Sir James Saumarez was second in command. On the 15th of August, Sir James sailed from Aboukir with six sail of the line and the captured ships. After a tedious and hazardous voyage, he arrived at Gibraltar, where he found Lord St. Vincent, from whom he received orders to proceed to England, after leaving the prizes at Lisbon. The Orion having been paid off at Plymouth on the 6th of January following, Sir James enjoyed the first interval of repose which he had experienced since the beginning of the war ; the repose, however, was but of short duration. On the 14th of February, a promo tion having taken place, he was appointed to one of the vacant colonelcies of marines, and to the command of the Catsar, of 84 guns, in which he joined the channel fleet, and sailed with a detachment under Sir Alan Gardner to bring home the captured ships from Lisbon. During two successive winters, he was entrusted with the command of the in-shore squadron, off the Black Rocks, to watch more closely the enemy's fleet in Brest. None but professional men who have been on this anxious and perilous service can form any idea of its difficulties, and nothing can manifest in a stronger light his unwearied zeal and sleepless vigilance than the fact, that not a single vessel of any description sailed from or entered the port of Brest during the whole time he remained on that station. The high opinion Lord St. Vincent entertained of him is perhaps best expressed in his lordship's own words : " / repose such unbounded confidence in your zeal and judgment, that I sleep as soundly as if I had the key of Brest in my possession." On the 23d of September, 1800, a heavy gale came on, which in former instances would have obliged the in-shore squadron to abandon their post ; but, instead of bearing up for Torbay, Sir James steered for Douarnenez bay, where he anchored with the whole squadron, just out of range of the enemy's batteries. Here the squad ron rode out the equinoctial gales, actually in the enemy's harbour, within a few miles of their whole fleet of four times its force, in perfect safety ! On the 1st January, 1801, he was advanced to the rank of rear-admiral of the blue, and hoisted his flag on board his old ship the Ccesar, when he resumed his station off the Black Rocks.* * A service of a different nature had at one time been in contemplation. In February, Lord Nelson arrived at Portsmouth, and informed Sir James of the intended expedition against Copenhagen, of which Nelson was to have been commander-in-chief, and Sir James second, but that, as his (Nelson's) flag was not sufficiently high for so important a command, he was to serve as junior admiral, which arrangement prevented Sir James from occupying a station in that memorable expedition. APPENDIX. 635 In the month of June, the admiralty having received information that a squadron of Spanish ships had arrived at Cadiz, and that great exertions were making at that port for the equipment of a further naval force for the purpose of an attack upon Portugal, Sir James was nominated to command a squadron, appointed to watch the expedition. Previously to his departure he was created a baronet, with per mission, by a separate patent, to wear the supporters belonging to the arms of his family, which had been registered in the Herald's college since the reign of Charles II. Soon after his arrival off Cadiz, Sir James was informed that three French line of battle ships, and a large frigate, had taken refuge in the bay of Algeziras, and he immediately determined to attack them. The action commenced on the following morning (6th July), and, after a long and severe conflict, in which the squadron had to contend against the enemy's formidable batteries, as well as line of battle ships — the Hannibal having unfortunately grounded, and the wind failing — Sir James found every effort to get nearer to the enemy prove ineffectual, and was compelled to withdraw from the attack, with the loss of the Hannibal, and to repair to Gibraltar to refit. This unsuccessful result must be attributed to the failure of the wind, which, falling calm, at a moment the most disadvantageous, prevented the squadron from obtaining the position the admiral intended, and left the ships exposed to the enemy's fire, without the possibility of returning it ; but, although the attack was not crowned with the success anticipated, it finally led to one of the most brilliant achievements recorded in the annals of the empire. As no doubt existed that the enemy's squadron, in Cadiz, would put to sea on the first favourable opportunity, to rescue the French ships, not a moment was lost in getting the British ships in a state to intercept them. The repairs of the squadron proceeded with incredible speed, but the Pompe'e was too much disabled to leave a hope of her being quickly got ready, and her men were therefore turned over to assist in the repairs of the other ships. All idea of refitting the Catsar was on the point of being abandoned, when her captain, Jahleel Brenton, requested that his people might remain on board as long as possible, and, having communi cated to them the admiral's intention in case the ship could not be got ready, they answered, with three cheers — " All hands to work, day and night, until she is ready." Captain Brenton, however, ordered that during the night they should only work watch and watch ; and by these means they accomplished what has pro bably never been exceeded. On the forenoon of the 9th, a Spanish squadron of five sail of the line * and three frigates was seen steering for Algeziras. On the following day, this force was increased by another ship of the line,f with a French commodore's broad pendant, comprising, with the Hannibal, ten sail of the Une and four frigates : while the English squadron amounted to only five sail of the line, a frigate, and a polacca. The admiral, in no way deterred by this very supe rior force, determined, if possible, to obstruct its return to Cadiz. On the 12th, at dawn of day, the enemy were seen preparing to sail ; the Catsar was still refit ting in the mole, receiving powder, shot, and other stores. At one o'clock, the enemy were nearly all under way ; the Spanish ships Real Carlos and Hermene- gildo, of one hundred and twelve guns each, were already off Cabrita point. The Ceesar was warping out of the mole. General O'Hara and the garrison of Gibraltar had beheld the long-contested con flict of the 6th of July. They had witnessed the bravery of their countrymen, and, sensible that the character of the nation had been fully maintained, they had received them as if they had returned from a victory. Now that, in the short space of less than six days, they saw the same squadron refitted, and going to encounter a foe reinforced by such an addition, their admiration knew no bounds. The day was clear ; the whole population of the Rock came to witness the scene ; the walls, mole-head, and batteries were crowded, from the dock-yard to the ragged staff ; the Cozsar's band playing — " Come, cheer up my lads, 'tis to glory we steer ;" and the band of the garrison answering with — " Britons strike home." At the same moment, the admiral's flag was re-hoisted on board the Cajsar, and she * Real Carlos, 112 guns; Hermenegildo, 112 guns; San Fernando, 96 guns; Argonuuta, SO guns, and San Augustin, 74 guns. t San Antonio, 7 4 guns. 636 APPENDIX. sailed out of the bay amidst the deafening cheers and acclamations of the garrison, and of the whole assembled population, carrying with her the sincerest and most ardent wishes for victory. So general was the enthusiasm amongst our gallant tars, that even the wounded begged to be taken on board to share in the perils of the approaching encounter. The Ccesar brought-to off Europa point, with the signals for her little squadron to close around her, and to prepare for battle. The admiral had already commu nicated to his captains his plan of attack. The enemy formed their Une off Cabrita, about five miles to leeward, waiting for the Hannibal, which was the last ship to leave Algeziras. Sir Jahleel Brenton, in an interesting letter, detailing the particulars of the action, observes — " The time which the combined squadron took to get into the order of battle and sailing- was invaluable to aU of us, by enabUng us to complete the arrangements so necessary upon so momentous an occasion. At eight o'clock, the Hannibal, unable to work out of the bay, was observed to anchor again at Algeziras, and the enemy bore up through the straits ; the Ccesar 's helm was instantly put up — a blue light being burned at the same time for the squadron to follow. At 8 h. 40 m. the Superb was gaining fast upon us, and the admiral ordered me to hail Captain Keats, directing him to engage the ship nearest to the Spanish shore. At five minutes past eleven, she opened her fire, and, very shortly after, the two sternmost ships of the enemy were seen to be in flames. We were rapidly approaching them, and orders had been sent down to the officers, at their quarters, to fire as soon as the guns could bear. A more grand, or a more magnificent scene never presented itself, as may be easily imagined, than two ships of such immense magnitude, on board of each other in flames, with a fresh gale, the sea running high, and their sails in the utmost confusion. The flames, ascending the rigging with the rapidity of Ughtning, soon communicated to the canvass, which instantly became one sheet of fire." The C&sar had scarcely time to clear them by shifting her helm. No possibility existing of affording the least assistance in this distressing situation, the admiral pushed on to support the Superb, then engaged with the San Antonio ; but finding that ship nearly silenced, after pouring a broadside into her, he continued the chase in pursuit of the flying enemy, fol lowed by the Venerable. At midnight, the wind increased to a gale, and the Casar's masts, from the celerity of her refit, began to complain so much, that it was necessary to shorten sail. The easterly wind, which, although blowing with great violence in the straits, is seldom felt close in shore on either the Spanish or African coasts, entirely failed as the ships hauled round Cape Trafalgar. At half-past twelve o'clock, one of the three-deckers blew up, with a tremendous explosion, and soon after the other. At daylight, the Venerable was seen close to a French Une of battle ship, and coming up with her by the aid of a light air off the Spanish shore. At five o'clock, the Venerable opened her fire upon the enemy. The Cmsar was at the distance of about a mile and a half ; the wind suddenly fading, the boats were sent ahead, in hopes of being able to tow her within reach of the enemy, but the Venerable was alone able to bring her to action, which Captain Hood did in the most gallant manner, and had nearly silenced her, when his mainmast, which had been before wounded, was unfortunately shot away, and his antagonist was enabled to escape. Soon after, the Venerable made the signal of having struck on a shoal, and the admiral observing the remainder of the enemy's ships, amounting to five sail of the line and four frigates, coming down from the westward, sent Captain Brenton with discretionary orders to Captain Hood to withdraw his men from the ship, and destroy her. Captain Brenton found the gallant Hood cheer- fuUy waiting for the assistance which he knew the admiral would send him as soon as the wind would enable him. Captain Brenton having deUvered the admiral's message, he replied : " Tell Sir James I hope it is not yet so bad with the old Venerable ; I hope to get her off soon. Let the Thames stay by me, in readiness to receive our people: the enemy shall not have her." The breeze sprang up, and the Venerable got off the shoal. The enemy seeing the Superb and Audacious coming up from the southward, availed himself of the wind to get into Cadiz. Thus ended the first battle off Trafalgar, in which the enemy lost three APPENDIX. 637 sail of the line, two thousand four hundred men blown up, besides those who were killed in action, and taken prisoners. And thus, in only six days, ended u, series of events, acknowledged by the most experienced judges to have never been surpassed in boldness of attempt, and ultimate success. Nor was England alone benefited by this victory, for Portugal may be said to have been preserved by the defeat of Linois, he being destined to seize a fleet of British merchantmen in the Tagus, and to co-operate-with the land forces of France in the capture of Lisbon ; but, in consequence of his ships being so disabled, they were laid up at Cadiz, and they never again, during the war, left that port. When the governor, the garrison, and the inhabitants of Gibraltar, who had passed the interval in painful anxiety, beheld the approach of the victorious squad ron, their joy and exultation knew no bounds. Every point of the rock, over hanging the shore, was crowded with people, and the acclamations of the troops and inhabitants rent the air ! A royal salute was fired, and the whole of this noble fortress was brilUantly iUuminated. Sir James, never unmindful of the source from whence proceeds the skill to direct, the strength to perform, and the blessing of success, returned thanks to the great giver of all victory, for having crowned his endeavours with so signal and happy a termination. The day after he returned, he addressed the following memorandum to the squadron : — " Rear-Admiral Sir James Saumarez has the happiness to offer his most heartfelt congra tulations to the captains, officers, and men of the ships he had the honour to command, on the signal success with which it has pleased Almighty God to crown their zealous exertions in the service of their country. To the discipline and valour of British seamen is to be ascribed their great superiority over the enemy, who, although more than triple the force of the English squadron in number of guns and weight of metal, have been so signally defeated." When the news reached the admiralty, every person was astonished, the enthu siasm was general, — it could scarcely be beheved that Sir James, in so short a space of time, could have refitted his squadron, and gained so decided a victory over such an immense superiority of force. The park and tower guns were fired, and a general illumination took place, not only in London, but in several towns throughout the kingdom. For these eminent services, Sir James Saumarez received the Order of the Bath, and General O'Hara was directed to invest him in the most distinguished manner, a command which the worthy governor strictly obeyed. The splendour of the scene exceeded description. The number and martial appearance of the troops ; the multitude of spectators of both sexes, and of all nations and countries, who crowded the surrounding heights, and the lower part of the mountain that overlooks the sands ; the roar of the cannon from our batteries, and from the shipping in the bay ; the presence of those brave men, so worthy of the gallant chief under whose command they fought ; and, above all, the proximity of Alge ziras and the Straits, where the new knight, but a few months before, had entitled himself to the honourable token of gratitude, now bestowed by his king and country. — Every circumstance contributed to render this scene one of the most imposing and affecting that can be imagined. Immediately on the meeting of parUament, the first lord of the admiralty (Earl St. Vincent) rose to move the thanks of the house to Rear-Admiral Sir James Sau marez, for his gallant and spirited conduct in his late actions with the united fleets of France and Spain. His lordship stated the merits of the action of Algeziras, in which, though a ship was lost, no honour was lost to the flag ; and though Sir James's squadron was so greatly crippled, he was enabled, by the most wonderful exertions, to meet the enemy, who had put to sea with an augmented force, while his own was diminished in the same proportion, by the loss of the Hannibal, the disabled state of the Pompe'e, and the separation of the Spencer and Audacious. " This gaUant achievement," said the earl, " surpasses everything I have met " with in reading or service ; and when the news of it arrived, the whole board, 1 ' at which I have the honour to preside, were struck with astonishment to find that 638 APPENDIX. " Sir James Saumarez, in so very short a time after the battle of Algeziras, had " been able, with three ships only, and two of them disabled, especially his own, "to come up with the enemy, and with unparalleled bravery to attack them, ' ' and obtain a victory highly honourable to himself, and essentially conducive to " the national glory." Lord Nelson seconded the motion, and bore ample testimony to the exalted character of Sir James. He said he was under most particular obligations to that gallant officer, who had been second in command under him, in his most important and successful engagement, and concluded a most animating speech with these words : — " A greater action, was never fought than that of Sir James Saumarez. " The gallant admiral had, before that action, undertaken an enterprize that none "but the most gallant officer and the bravest seaman could have attempted. " He had failed through an accident, by the failing of the wind ; for, I venture to " say, if that had not failed him, Sir James would have captured the whole of the " French squadron. The promptness with which he refitted, — the spirit with " which he attacked a superior force, after his recent disaster, — and the masterly " conduct of the action, I do not think were ever surpassed." This admirable testimony was followed by that of his royal highness, the Duke of Clarence, (his late most gracious majesty,) who gave his opinion in favour of Sh- James, his captains, officers, and men, in the most ample and flattering manner. The thanks and the freedom of the city of London were also voted to Sir James, accompanied by a sword, of the value of one hundred guineas. The inhabitants of the Channel Islands, justly appreciating the merit of their gallant countryman, were not tardy in acknowledging the high sense they entertained of his services. The states of Jersey voted him their thanks, and the inhabitants of Guernsey presented him an elegant silver vase, with an appropriate inscription.* Having been reinforced by Captain Tyler, with five sail of the Une, Sir James despatched a force to blockade and watch Cadiz, and resumed his station off that port, on the 15th of August. No tidings from England had yet reached him, and on their arrival, great was his surprise to learn that the admiralty, having thought it necessary to make a considerable augmentation to the squadron, had appointed Vice-Admiral Sir Charles Pole to the command. A letter from the secretary to the admiralty, conveying the information, concluded with the following words : — " So many objections occur to the allowing a force of the extent necessary to be so employed, with only one flag officer, that their lordships have felt themselves reduced to the necessity, from your standing on the list, of sending a senior officer to you, which, on considering the proofs you have given of your zeal and ability, and the advantage which the public has so recently derived from your very distinguished services, they would, if possible, have avoided." The preliminaries of peace, however, having been signed shortly after, Sir Charles Pole returned to England, and Sir James was again left in the command. On the arrival of Lord Keith, at Gibraltar, he was detached to give up the island of Minorca to the Spanish authorities, after which he proceeded to England, and on the 27th of July, 1802, struck his flag. Shortly afterwards, the first lord of the admiralty signified to Sir James, that it was his majesty's especial desire that he should be appointed to the chief command in the Mediterranean ; but Sir James, with every deference to his majesty's com mand, requested permission to decUne the appointment. He had now been constantly employed from the commencement of the war, and his health and spirits required rest, and the comfort of domestic retirement. In 1803, a grant of £1,200 per annum was conferred upon him, which reverted to the country at his death. On the renewal of hostilities in that year, he hoisted his flag at the Nore ; but as the proximity of the Channel Islands to the French coast rendered them liable to an attack, he was appointed to the command at Guernsey, which he retained until * The inhabitants of Guernsey to their gallant countryman, Rear-Admiral Sir James Saumarez, bart., K.B., whose suavity of manners and private virtues have long engaged their esteem and affection, and whose brilliant achievements have not only immortalized his name, but will for ever reflect lustre on his native isle, and add to the glory of the British empire. APPENDIX. 639 December, 1806, when he was nominated second in command of the Channel fleet, under Earl St. Vincent, for which purpose a promotion of six vice-admirals took place, in order to include him. Lord St. Vincent being absent on admiralty leave, Sir James had, in point of fact, the chief command, and was employed in watching the enemy's fleet in Brest, until the month of August foUowing, when upon Lord Gardner being appointed commander-in-chief, Sir James resumed his former station. He was now offered by Lord Mulgrave, the chief command in the East Indies, which he declined. Soon afterwards, war with Russia broke out, and Sir James was appointed to the command of the fleet destined for the Baltic, where, by his able arrangements, the extensive and highly important trade in that quarter was protected under extraordinary difficulties, and his firm and conciliatory conduct towards the court of Sweden and the Northern states, tended to detach Russia from her alliance with France, and to unite her with Great Britain in the common cause of Europe. The first important service rendered to his country, on this station, was in releasing from the power of France, the Spanish army, under General Romana. It is difficult to conceive a more delicate part than Sir James Saumarez had to perform during this command, the duties of which were essen tially diplomatic. When the unfortunate Gustavus was obUged to abdicate the crown, and, through the influence of France, Sweden at last issued a declaration of war against Great Britain, by his firm, prudent, and judicious conduct, he ren dered it nugatory ; the English convoys were still coUected in her ports, and though it was not expected that the commerce of the two countries could have continued, yet, by his forbearance and concUiating measures, the trade was carried on as usual without the smallest interruption.* One of the first acts of Charles the Thirteenth, after his accession to the throne of Sweden, was to put into execution the intention of the former sovereign, of conferring on Sir James the grand cross of the honourable miUtary Order of the Sword, which was communicated to him in the foUowing letter from his majesty : " Monsieur le Vice-Amiral Saumarez. " Mon conseiller iutime d'etat, le Baron de PlateD, se rendant aupres de vous pour con- certer sur des mesures a prendre contre l'ennemi commun, je profite avec plaisir de cette occasion pour vous envoyer, ci-incluses, les decorations de commandeur grand croix de mon Ordre de l'Epe"e. Les services distingu£s que vous avez deja rendu a mon royaume, et ceux que vous lui rendez maintenant, le zele que vous avez constamment d£ployi§ pour le succes de nos entreprises ; tous ces motifs reuuis vous avaient acquis depuis long-tems des droits a mon estime et a ma reconnaissance ; et j'dprouve une satisfaction toute particuliere de pouvoir vous en donner aujourd'hui un gage solennel. Je vous felicite de l'avantage rem- porte" le 7 de ce mois par une partie de votre escadre, et vous devez etre bien persuade qu'il ajoute encore au prix que j'attache a vos efforts pour assurer la defense des c6tes de la Suede. Et sur ce, je prie Dieu qu'il vous ait, Monsieur le Vice-Amiral Saumarez, en sa sainte et digne garde. Etant votre affectionn^, "Chahi.es. " Au chateau de Stockholm, le 19 de Juillet, IB09." On the election of General Bernadotte to be crown prince of Sweden, his majesty informed Sir James of the circumstance, and requested that he would represent it to the British government in the most favourable light, and use his influence so far that it might not be attended with any unpleasant consequences between the two courts ; and to Sir James's superior skill and address it was owing that Sweden was not at that time added to the enemies of England. Sir James continued on this station untU 1812. For the services which he had rendered to the common cause, he received, before he left Gothenburg, a superb sword (the hilt being set with brilUants of exquisite workmanship) from the king of Sweden, which was presented to him by Baron Von Essen, aide-de-camp to the crown prince, accompanied by the foUowing letter from his royal highness : — "Monsieur PAmiral Saumarez. — Vous vous fites concilia l'estime du roi pendant que les flottes Britanniques ont iXi station^es sur les c6tes du royaume. Sa majeste, voulant vous * After his lordship's demise, a very rich pair of silver candelabra was presented to his son, the present lord, with tbe following inscription :— " Presented A.D. 1837, to the Right Honourable Lord De Saumarez, by the Swedish compensation commissioners, in testimony of the high sense entertained of the important services rendered to the commercial interests of Great Britain by his lordship's late father, during the time he commanded the British fleet in the Baltic, in the years 1810, 1811, 1812." 640 APPENDIX. dormer une preuve de sa bienveillance, m'avait ordonne* de vous remettre, de sa part, a mon arrivee a Gothenbourg, une ipie, en temoignage de ses sentimens. Je regrette vivement que des occupations inattendues m'aient privd du plaisir de faire votre connaissance en m'acquittant des ordres de sa majesty. "J'envoie pres de votre excellence, Monsieur le Baron d'Essen, mon aide-de-camp; il aura l'honneur de vous remettre l'ep6e que le roi vous a destined, et il s'acquittera de tout ce que j'e'tais charge de dire a votre excellence de sa part. " Recevez, Monsieur l'Amiral Saumarez, l'assurance de ma haute consideration. " Votre affectionng (Signd) "Charles Jean." The favourable change which had taken place in the state of affairs in the north, rendering the presence of an English fleet no longer necessary in the Baltic, Sir James, on his arrival in England in November, received the foUowing gratifying letter from the lords of the admiralty, with the order to strike his flag : — "Admiralty, November 20, 1812. "Sir, — My lords commissioners of the admiralty have been pleased to command me, in transmitting to you the accompanying order to strike your flag and come on shore, to com municate to you their marked approbation of the zeal, judgment, and ability evinced by you during your late command in the Baltic. Your attention to the trade of his majesty's subjects, and your conciliating yet firm conduct towards the northern powers, have met the approbation of his majesty's government; and their lordships are glad to have observed that your services have been fully appreciated by the courts of Sweden and Russia. I beg to add the personal satisfaction which I feel at being the channel of communicating to you this testimony of their lordships' approbation. " I am, sir, your most obedient humble servant, (Signed) "John Barrow." At the conclusion of the war, in 1814, it was naturally expected that after his long and important services, Sir James Saumarez would have shared the honours of the peerage, together with those distinguished officers who were elevated to that rank : yet it does not appear that he was solicitous for the distinction, or had taken any steps to obtain it, until he learnt that a junior admiral was to be included in the intended creation of peers. Feeling it due to himself to remonstrate against this partial selection, as the very active and gaUant officer in question at that time had never had the good fortune to be present in a general action, a correspondence took place between Sir James and some of his majesty's ministers on the subject, in which he concisely detailed his services, principaUy during the five years that he had commanded the Baltic fleet, for which he had obtained the fullest approbation of government, and particularly for his conduct respecting Sweden, which pre vented that power from joining the common enemy against England. Although Sir James had the mortification to find his remonstrances were ineffectual with his majesty's government, he had the gratification of hearing from aU quarters it was the general feeling that great injustice had been done him. The reason assigned by the admiralty for the preference was, that " Sir Edward PeUew's flag was flying at the time, and that Sir James Saumarez was then unemployed." We leave the justice of this measure to the opinion of the reader. On the 4th of June, a general promotion having taken place, Sir James was advanced to the rank of a full admiral. During the visit of the emperor of Russia and king of Prussia to England, Sir James received the personal thanks of those monarchs, for the services he had rendered to the common cause of Europe, together with those of Prince Metter- nich, on the part of the Emperor of Austria. When those iUustrious personages visited the university of Oxford, he received, with other distinguished individuals, the degree of doctor of civU laws. In 1819, he was appointed rear-admiral of Great Britain, and on the demise of Sir WUliam Young, in 1821, he became vice-admiral of Great Britain. The last naval command held by Sir James, was that of port-admiral at Plymouth. He received his commission on the 24th of March, 1824, and hoisted his flag on board the Britannia, on the 14th of April, and finaUy struck it on the 10th of May, 1827 ; thus closing his long, arduous, and eventful professional career. During the period of his command at Plymouth, Earl Grey, who was at that time a resident there, at a dinner of the royal naval club, bore so handsome a testimony to Sir James's services, that we shall be excused for inserting the APPENDIX. 641 noble earl's words on this occasion : — •" Although not noble exactly in title, I dare to affirm that he ought to be so, and that the world will agree with me in thinking so ; for who could recollect the career which the admiral has so nobly run, from Rodney's glorious day, the battles of Cape St. Vincent and the Nile, donp to his own brilliant exploits in the Crescent, and as commander-in-chief at Algeziras, and not say, that if ever name could have graced the peerage, it would have been that of Saumarez." At the coronation of William the Fourth, in 1831, Lord Grey, being then prime minister, had an opportunity of proving the sincerity of his sentiments by recom mending Sir James to his majesty for the honour of the peerage, and, on the 12th of September, he was created a peer of the united kingdom, by the title of Baron De Saumarez, of Saumarez, in the island of Guernsey. When the account reached the island, the liveliest satisfaction was felt by all classes of the community. On the 6th October, the president of the royal court officially communicated the inteUigence in the billet d'etat, and the states unanimously agreed to meet on the day after the arrival of Lord De Saumarez, to congratulate him on his elevation to the peerage, an address to that effect being accordingly prepared. His lord ship reached Guernsey on Tuesday, the 25th of October, and on the foUowing day, the members of the states, after having ascertained that he was ready to receive them, proceeded in a body to his residence, where the foUowing address was delivered to him : — " My Lord, — The states of Guernsey, proud of the honour so deservedly and graciously conferred by his majesty on their distinguished countryman, came, at their last meeting, to the unanimous resolution of waiting upon him to express their joy and congratulations. In conformity with that resolution, the states do now come to congratulate your lordship on your elevation to the peerage, with an absolute conviction on their minds that on no occa sion did their sentiments more truly represent those of the inhabitants. " The history of all nations is known chiefly by the lives of their eminent and celebrated men. The life of your lordship, whilst it adorns the bright pages of England herself, cannot fail to shed lustre on the annals of this island, in which, besides the services rendered to the whole kingdom, will be inscribed your lordship's beneficence to the poor, to public improve ment, and to general education. " May the example of your lordship fill the minds of our youth with lofty and generous thoughts! May it so stimulate them to virtuous deeds and pursuits of utility, that this island, collectively, may render its name as illustrious as that of your lordship individually will ever remain." To this address Lord De Saumarez replied, that the pleasure which his coun trymen manifested on his elevation to the peerage was highly gratifying to his feelings, and the flattering manner in which they now came to express it was what he could not have expected. It was true that he had long served his country j and that, through the blessing of the Almighty, to whose providence he must ascribe his successes, he had won victories of some importance. He was proud to say, that the honour which had been conferred on him by his sovereign had long been acknowledged to be due to him, and that the nation had hailed it with universal satisfaction. He added that he should ever continue to feel the same interest as he had hitherto done in the welfare of Guernsey, and would always endeavour to promote it. It gave him great pleasure to inform the states, that his majesty had been pleased to express his satisfaction at the title he had chosen, (Baron De Saumarez, of the island of Guernsey,) as it would afford pleasure to the inhabitants of Guernsey. His lordship ended by stating, that his feelings were so wrought on by the flattering mark of respect which was paid him, that he could not say aU he could have wished to express on this occasion, but he begged the members of the states, and the other gentlemen present, to accept his thanks for the honour they had done him. Lord De Saumarez was shortly after appointed general of marines, (which office was abolished at his death,) on which occasion he resigned the appointment of vice-admiral of England; and, in 1834, he was elected an elder brother of the Trinity-house. In October, 1834, Lord De Saumarez received a highly gratifying mark of favour from the king of Sweden, who sent him a full length portrait of himself, S S 642 APPENDIX. accompanied by the following handsome letter from the Count De Wetterstedt, minister for foreign affairs at Stockholm : — "Stockholm, le 7 d'Octobre, 1834. " Milord,— Depuis long-tems le roi, mon auguste souverain, vous avait destine^ milord, son portrait en pied comme un temoignage de son estime des services signales que vous avez rendus a la Suede dans les annecs 1810-12. Divers incidens en avaient retards Vexpi- dition, d'autant plus regrettables au roi, que sa majesty avait appris l'interet que vous aviez attache" a ce souvenir de sa part. L'occasion opportune qui se pr^sente maintenant de pouvoir embarquer ce portrait a bord du bfltiment a vapeur le Lightning, de la marine Bri- tannique, qui transporte ici Monsieur Disbrowe, a iti saisie par le roi, et j'ai l'honneur de vous annoncer, en son nom, que cette expedition vient d'etre effectue"e. "En faisant placer sur ce portrait cette inscription, ' Charles XIV. Jean a James Lord De Saumarez, au nom du peuple SuSdois,' sa majeste s'est plue a transmettre a la posterity une preuve eclatante des souvenirs qui restent chez elle, et chez la nation qu'elie gouverne, des vues ^clairees du gouvernement Britannique a une gpoque a jamais memorable, et de la noble loyaute" que vous mites, milord, dans leur accomplishment. " II en est d'autant plus agreable, milord, d'etre aupres de vous l'organe de ces sentimens de mon souverain, que je trouve une occasion d'y ajouter ceux de la haute consideration avec laquelle j'ai l'honneur d'etre, milord, " Votre tres-humble et tres-ob&ssant serviteur, " Le Comte De Wetterstedt." We have now arrived at a period when Lord De Saumarez had another contest to encounter — another victory to achieve. In the autumn of 1836, it was evident that his health was declining ; but he continued to enjoy the society of his friends until the end of September, when his remaining strength suddenly forsook him. He was sensible that his end was approaching, and he met it with the composure and resignation inspired by those great truths in which he firmly believed. One so " steadfast in faith, joyful through hope, and rooted in charity," could not but supply another bright example of the calmness with which a christian can die. His last iUness was a beautiful commentary on his life, and on the power of that faith which disarms the king of terrors of his sting, and enabled him to dwell with exulting joy on his Redeemer's promise of a blessed immortality. A few minutes before midnight, on the 9th of October, (a day which had for many years been regarded by him as one of great joy, it being the birth-day of his eldest son,) he entered into his heavenly rest, and left to those who witnessed his last moments the consolation of knowing that his spirit was numbered among those of the just made perfect. Although Lord De Saumarez had in his wiU directed that his funeral should be as private as possible, the anxiety which was manifested throughout the island to honour his memory could not be restrained. The royal court of Guernsey signi fied their desire to attend it in a body ; the clergy did so spontaneously ; and almost every family in the island had some representative present. The regret for the loss of this great and exceUent man was evinced by aU classes of society. During the celebration of the funeral, minute guns were fired from Castle Cornet and Fort George ; the bells of all the churches were muffled and tolled ; nearly all the shops were closed during the day ; and at least one thousand persons must have been present at the interment, in the church-yard of the Catel parish. Lord De Saumarez affords an illustrious example that a man may belong to a profession requiring constant intercourse with the world, and yet maintain his integrity ; that, without ceasing to be a christian, he may faithfuUy discharge every duty to his king and country ; and, through his own personal valour and conduct, attain to the highest rank, and obtain the most distinguished honours. To the rising generation, particularly to those of the naval profession, we recom mend an attentive perusal of this memoir. May they bear constantly in mind the prevaUing principle which impelled aU his actions, " duty to his God, and love to his country," and should circumstances call them to the same eventful career, may they go forth and do likewise. Lord De Saumarez married on the 8th of October, 1788, Martha, only child and heiress of Mr. Thomas Le Marchant and Mary Dobree, his wife, who now survives him. His eldest son, the present peer, is in holy orders ; and the only other surviving son, the Honourable John St. Vincent Saumarez, is a major in the rifle brigade. APPENDIX. 643 SIR JOHN JEREMIE, LATE GOVERNOR OF SIERRA LEONE. Sir John Jeremie, son of the late Mr. John Jeremie,* a distinguished advocate of the royal court of Guernsey, was born in the year 1795. After having com pleted a course of legal study at Dijon, in France, he was admitted to the Guernsey bar, where his career was marked by uniform and eminent success. His eloquence and abilities having been brought before the notice of the government, he was appointed, in 1824, first president of the royal court of St. Lucia, in the West Indies. In this office, he was called upon to revise and report on the slave laws then preparing for that island. He was thus led to direct his attention to a subject to which the entire energies of his mind were subsequently devoted. The more extensive his inquiries became, the more deeply was he impressed with a conviction of the enormous evUs of the existing system -, and, on his return to Europe, he pubUshed " Four Essays on Colonial Slavery," pointing out, with admirable clearness, the general features of slave communities, the ameliorations introduced in St. Lucia, and the practical steps to be taken in order to effect the final annihilation of slavery. This tract, which contained the results of personal experience, honestly and fearlessly declared, produced a great sensation on the pubUc mind, and, doubtless, contributed in no unimportant degree to promote that great measure of emancipation which has shed an imperishable lustre on the name of England. In the year 1832, he was selected for the office of procureur and advocate general of the island of Mauritius. Our limits will not allow us to enter into the detail of the various and harassing difficulties which he experienced in that dis turbed colony. He had to contend against powerful interests, against deep-rooted prejudices, against national antipathies, against fierce and angry passions. Those difficulties he has described in an ample vindication of his conduct, entitled, " Recent Events at Mauritius," published in 1835. The foUowing extract from that pamphlet contains a brief summary of the services which he rendered to the cause of humanity and enlightened government : — " Within the last three years he has traversed fifty thousand miles, encountered the assas sin on shore, and the pirate at sea ; for ten years has it been his fate to face, in the service of the crown, every peril to which life is subject, whether from the ocean, from climate, or the hand of man. " Nor have these exertions been unsuccessful or bestowed on unworthy objects. " Among the multitude of regulations and enactments introduced in colonies in either hemisphere, not one can be pointed out which has failed in accomplishing its purpose— not one evil or abuse contended against that has not been remedied— not one where it was requisite to return twice to the subject ; yet even these, sufficient alone in number and im portance for the life of many public servants, he is content to pass over in silence. " Two purposes of greater magnitude have been accomplished, on which he would rest his claims to a fair, an impartial judgment. He asks no more. " Ten years ago, a legal distinction, broad and galling, existed between the free classes throughout our negro colonies,— the distinction of colour. It was said to be interwoven with the whole frame-work of society, and inexpugnable. It seemed to him a fertile source of weakness, and, should it continue to endure until emancipation were granted, likely to shake to its foundation that part of our empire : as a grievance it was politically more preg nant with danger than slavery itself : yet, had it drawn comparatively Uttle attention, and though occasionally a voice had been raised against it, nothing had been practically effected. " It was after four years' experience, and having well weighed and witnessed the conse quences, that Mr. Jeremie drew up and submitted to Sir George Murray an argument in which this grave colonial question was treated in all its bearings. This at once caught the clear and quick eye of that eminent statesman. It met with his approbation, and. without a struggle or a murmur, the curse of Ham disappeared from the western world. " Sir George Murray commenced with St. Lucia, and within six months not one British West Indian colony persisted in this mistaken and outrageous policy. Deep-rooted asitwas * On an important occasion, Mr. Jeremie was selected, in conjunction with the present bailiff Mr. Daniel De Lisle Brock, to defend before the privy council, the rights and immuni ties of this island. He died of a rapid decline, at Malta, to which he had repaired for the recovery of his health, in 1810, at the early age of 36. His character presented that happy union of energy and mildness,— of inflexible firmness in the maintenance, with the most per suasive gentleness in the expression, of his opinions, — which conciliated the affection and regard, nn less than the general esteem and respect, of his countrymen. The only portion of his labours, which has been made public, is a posthumous work, edited by his eldest son, entitled " Traits sur la Saisie Mobiliere et la Renonciation, avec quelques chapitres sur la Saisie He're'ditale." S S 2 G44 APPENDIX. said to be, it met its deserved fate, and men only wonder, and continue to wonder, how, for two centuries, their prejudices could have rendered them so blind to their true interests. " Next, with regard to emancipation. Here he would not, nor could, with propriety, allude to any popular effort of his -K but his labours, exclusively official, and transmitted to and conducted by desire of the colonial office on this single subject, might almost, without a metaphor, be measured by the yard, or weighed by the load. Bat to refer to recent times. On his last visit to this country it became his duty to draw up, by command, and transmit from the first port he arrived at, a full and matured plan for the practical consummation of this most interesting and magnificent experiment, which need only be compared with the measure as adopted, to show that it was not without its use. That others of unquestioned ability must have laboured long and assiduously at that important work, none can deny ; but that an ample outline, and all the principles and leading features of the system, as now at work, will be found distinctly traced in these papers, will, he is convinced, be admitted." These exertions and sacrifices were justly appreciated and acknowledged. In the year 1836, he was appointed puisne judge of the supreme court of Ceylon, and, at the same time, he was presented by the Anti-Slavery Society with a valuable piece of plate, bearing an inscription which testified, in the most gratifying terms, their sense of his important services : — "To the Honourable John Jeremie, one of his Majesty's Justices of the Supreme Court of the island of Ceylon, &c, &c, By whose inflexible adherence to right principle under circumstances i of unparalleled difficulty, while discharging high official duties in the colonies of either hemisphere, and by whose disinterested, able, and energetic exertions in most critical and painful situations, both at home and abroad, Negro Freedom has been largely advanced and the negro character raised to its just standard in public estimation. This tribute of affectionate respect is given by his coadjutors in the anti-slavery cause, 2/th July, 1836." At no time did he lose sight of the question on which his thoughts had now for many years been ardently fixed. In June, 1840, he published " A Letter to T. Powell Buxton, esq., on Negro Emancipation and African Civilization." It con sists of practical recommendations to the government with a view to improve the moral condition of Africa, — to draw forth her vast, but neglected resources, — to introduce order, industry, and contentment, into scenes of unexampled misery and crime, and gradually to effect, by a series of wise and comprehensive measures, the total extirpation of the most awful scourge that ever afflicted mankind. It was from the same anxiety for the amelioration of the negro race, — increased, no doubt, by the appalling fact, which had been lately and forcibly urged, that no less than half a million of human beings are still annually reduced to bondage, or destroyed, ¦ — that, reckless of personal danger,* undeterred by the most discouraging cir cumstances, he accepted, in October, 1840, the high, but ill-fated office, of captain- general and governor of Sierra Leone and its dependencies. On this occasion he received the honour of knighthood. His friends, while they respected and admired his intrepid courage, could not but reflect, with deep emotions of regret and pain, that he had gone to that fearful climate, where youth and strength are no protec tion against wasting disease and premature death; Their melancholy apprehensions * The following remarkable passage occurs in his last pamphlet : — " Governors, indeed, die in Sierra Leone. But it was my fate to serve six years in one of our West Indian govern ments, wherein four governors, to my knowledge, died in about as many years — General Stewart, General Mackie, Colonel Maret, and General Farquharson. It was also my fate, as the, government passes to the senior officer in garrison, of whatever rank, to swear in two captains, a major, and a colonel, as governors, within a month, the last of whom was in due course superseded by my friend General Mackie, from England, who died within eight weeks; and, in the east, I am now the only survivor of the three judges who belonged to the supreme court of Ceylon, when I ascended that bench on the 29th of December 1836." APPENDIX. 645 were too soon realized. Four months had scarcely elapsed since his arrival in Africa, before he fell a victim to the fever prevalent at Port Logo, to which his arduous duties had recently called him. He expired on the 23d of April, 1841, at the age of forty-six. His death, afflicting to all the friends of humanity, is peculiarly so to his surviving relatives. Their only consolation is, that he has left behind him an honourable name, as one, who, gifted with great talents, devoted those talents to the cause of justice and mercy ; and who, in various employments, in the four quarters of the globe, laboured with unwearied perseverance and zeal, to spread the blessings of civilization, and to promote the best interests of man. GENERAL Sill THOMAS SAUMAREZ. This distinguished officer is a younger brother of the late Admiral Lord De Saurnarez, and entered the army in January, 1776, at the early age of fifteen, having purchased the commission of second lieutenant in the 23d regiment, or Royal Welsh Fusiliers, and embarked for North America, where that regiment was stationed, on the earliest opportunity. Lieutenant Saumarez soon unsheathed his maiden sword, being present at the capture and surrender of York island and the capture of Fort Washington by storm, in December, 1776, when three thou sand three hundred men were compelled to yield themselves prisoners of war. In March, 1777, Sir William Howe received intelligence that the Americans had deposited large quantities of stores and provisions in the town or village of Dan- bury, and other places on the borders of Connecticut, which lay contiguous to Conrtland manor. An expedition was accordingly undertaken to destroy these magazines, the command of which was entrusted to General Tryon, a provincial royalist, assisted by Brigadier- General Sir William Erskine. The detachment appointed to this service consisted of about two thousand men, and included the regiment of Lieutenant Saumarez. They reached Danbury on the 26th of April, and immediately proceeded to the work of destruction. The American Generals Wooster, Arnold, and Silliman, successively attacked the British, but were inva riably repulsed. It was in one of these actions that Arnold gave a signal proof of his intrepidity and the firmness of his character. His horse having been shot within a few yards of our foremost ranks, he suddenly disengaged himself, and, drawing out a pistol, shot the soldier dead who was running up to transfix him with his bayonet.* The next important operation in the campaign, in which Lieutenant Saumarez took part, was the capture of Philadelphia by Earl Cornwallis, who gained posses sion of that city on the 26th of September, 1777. The subject of this memoir was then promoted to a first lieutenancy, and appointed to the brigade of grena diers, consisting of more than fifty companies, under the command of Earl Corn wallis, and was shortly afterwards engaged in the severe action fought at Monmouth, where the British were attacked by superior numbers. In that engagement the company to which Lieut. Saumarez was attached lost its captain, and one-third of the men were killed or wounded. In 1779, when only nineteen years of age, Lieutenant Saumarez was permitted to purchase a company in the Welsh fusiliers. Immediately afterwards he embarked with several regiments, under the command of Earl Cornwallis, with the intention of attacking some of the French West India islands, but the very superior fleet of Comte de Grasse compelled the English Admiral Arbuthnot to order the transports to return immediately to New York, where our young officer disembarked with the troops. In December, 1779, Captain Saumarez sailed again with a large force, under the command of Sir Henry Clinton, South Carolina being the immediate and grand object of this expedition. The result of this enterprize was the capture of * The Welsh fusiliers covered the retrograde movement of the troops, as they marched to embark on board their transports, when they were most furiously attacked by vastly supe. rior numbers of the enemy. After giving three hearty cheers, the fusiliers charged their assailants in so gallant and intrepid a style, that resistance was vain, and the Americans were dispersed after having iost a great number of men killed aud wounded. The regiment met no further opposition. The fusiliers received the thanks of the general officers of the expedition and of the commandcr-in-cliief on arriving at New York. 646 APPENDIX. Charleston, which surrendered to the British arms on the 11th May, 1780. On that occasion seven general officers, ten continental regiments, and three battalions of artillery, became prisoners ; four hundred pieces of cannon, including those of every calibre, fell into the hands of the victors. Shortly after this brilliant affair, Captain Saumarez joined that division of the army which was entrusted to the command of Earl Cornwallis, who fixed his head quarters at Camden, and whose views were extended to the reduction of North Carolina. The American General Gates soon advanced against Earl Cornwallis, with an army estimated at from five to six thousand men, while the British regular force was so much reduced by sickness and casualties, as not much to exceed 1,400 fighting men, or rank and file, with four to five hundred militia, and North Ame rican refugees. General Gates was encamped at Rugley's, about thirteen miles from Camden, from which latter place Earl Cornwallis marched on the night of the 15th of August, 1 780, in the hope of surprising his adversary. It is a singular fact that at the very hour Earl Cornwallis commenced this nocturnal manoeuvre, the same conduct was pursued by General Gates, and for the same object. The advanced corps of either army thus encountered each other in the dark, and their astonishment was mutual. The Americans were driven precipitately on their van, and, as their position was bad, Earl Cornwallis delayed a general action, that he might avail himself of all the advantages of daylight. When the dawn broke, the Americans made an injudicious movement to the left ; Earl Cornwallis instantly ordered Colonel Webster, who commanded the right wing, to charge the enemy's left, with the light infantry, supported by the 23d and 33d regiments. The action then became general, but, after an hour of quick and heavy firing, and well sup ported contests at the point of the bayonet, the Americans were totally routed. The victory was complete. The scattered enemy were pursued as far as Hanging Rock, about twenty miles from the field of battle. All their artillery, amounting to seven brass field pieces, with 2,000 stand of arms, their military waggons, and several trophies, were taken. Earl Cornwallis estimated the slain at eight or nine hundred, and the prisoners at about one thousand. The loss of the British, in cluding eleven missing, amounted to three hundred and twenty-four, in which number the slain bore a very moderate proportion. After the victory at Camden, the plan of Earl Cornwallis was to advance into Virginia, and the troops marched 1 ,500 miles through the two Carolinas and that province. Their sufferings, privations, and hardships were never exceeded. Their clothes were worn out ; they had no shoes or boots ; provisions were scanty ; of wine or spirits they were destitute. Excepting the fortitude with which they were encountered, nothing ever surpassed the difficulties which the army endured in its long course of march, from Salisbury to Dan, and afterwards in the pursuit of General Greene to Boyd's ferry. It traversed a country which was alternately a wild inhospitable forest, or inhabited by a people who were at least strongly adverse, though they did not on all occasions venture to be actively hostile. When to these disadvantages we add all the numerous inconveniences incident to bad roads, heavy rains, want of shelter, and the continued wading through numberless deep creeks and rivers in the depth of winter, we shall still form very faint and inadequate ideas of the sufferings incurred during this long and harassing march. On the 15th of March, 1781, Earl Cornwallis came up with the army of the American General Greene, at Guilford. The force of the British somewhat exceeded two thousand men ; that of the enemy did not fall much short of six thousand. The battle was severe and obstinately contested, but terminated in the defeat of the insurgents. The Americans brought four 6-pounders into the field, which the brigade of guards captured ; they were recovered by the cavalry under Colonel Washington, and two of them were again retaken in a charge made by the Welsh fusiliers, under Captain Saumarez. The other two were regained by the British cavalry, under Colonel Tarleton. Earl Cornwallis declared, in public orders, that he should ever consider it as the greatest honour of his life to have been placed at the head of so gallant an army j and the merit was so general, that every corps, and almost every officer above the rank of a subaltern, received his public thanks and acknowledgments for their particular and distinguished services. APPENDIX. 647 Notwithstanding his triumph at Guilford, Earl Cornwallis was compelled to march to Wilmington to obtain those supplies and accommodations which had become indispensably necessary to his troops. Hisposition, in that town, was difficult and embarrassing. His force was very much reduced, not exceeding one thousand effective men. He knew that affairs in South Carolina had taken an unfortunate turn, and, after anxious deliberation, he determined to march to Vir ginia, and attempt a junction with General Philips in that province. It was, indeed, a perilous adventure. The distance was great, the means of subsistence uncertain, and the dangers and hazards were sufficient to appal the boldest. The troops had already experienced the miseries of traversing an inhospitable and almost impracticable country, above eight hundred miles in different directions ; and they were now to encounter a new march of three hundred more, under less favourable auspices than at the outset. They were still so destitute of necessaries, that their noble commander declared " his cavalry wanted everything, and his infantry every thing but shoes." On the 25th of April, 1781, the army marched from Wilmington, in North Carolina, and reached Petersburg, in Virginia, on the 20th of May, after endnring the severest hardships. Earl Cornwallis there had the mortification to hear of the death of General Philips, who was carried off by fever, a few days before his arrival. About the latter end of June, the British general arrived at Williamsburg, the capital of Virginia, closely followed by Lafayette, and a detachment of the American army. On the 6th of July, Lafayette attacked the royal forces, but was repulsed with considerable loss. On the 9th of August, Earl Cornwallis reached York-town and Gloucester, and ordered both places to be fortified. The Welsh fusiliers were directed to construct a redoubt on the right flank of the town, more than five hundred yards in advance, and the post was entrusted to their defence. Captain Saumarez was the second officer in command of this advanced redoubt. It was attacked by three thousand French grenadiers, who were bravely repulsed by one hundred and thirty officers and men of the Welsh fusiliers, and forty marines, — a feat of arms well worthy of record. Two other attempts by the French, to take the redoubt, were equally unsuccessful ; the regiment of Captain Saumarez received the most flattering com mendations from Earl Cornwallis and the general officers of the army, and, at the termination of the siege, the French officers were prodigal in their praise of tbe firmness and courage of the Welsh fusiliers. But the contest was too unequal. The French and Americans had united their forces, and were preparing to attack the British by land and water with an over whelming superiority of numbers. Seeing resistance useless, and anxious to avoid the unnecessary and cruel sacrifice of brave men, Earl Cornwallis surrendered on the 19th of October, 1781. Such was the very hard fate of the remains of that gallant and conquering army which had been so highly distinguished in the southern wars ! When the capitulation of York-town was effected, Earl Cornwallis ordered that one captain and three subalterns of each regiment should remain with the pri soners ; lots being drawn to decide this point, it fell on Captain Saumarez to discharge this responsibe duty, which required vigilance, prudence, and firmness, and he fulfilled it in a very satisfactory manner. On the 29th October, he proceeded from York-town with the regiment, and arrived on the 15th of November, at Win chester, in the back settlements of Virginia, where the soldiers were confined in barracks, surrounded by a stockade. On the 12th of January, 1782, he marched with the regiment, and a part of Earl Cornwallis' army, from Winchester, through the state of Maryland to Lancaster, in Pennsylvania, where they arrived on the 28th following. An event now occurred of the deepest interest and the most extraordinary cha racter. It appears that a rebel captain named Huddy, who was patrolling with Americans, encountered during the night a patrol of royalists, commanded by Captain Lippencott, who was taken prisoner by Huddy, by whom he was hanged, without any trial, merely because he was a royalist.- Shortly afterwards, the brother of Lippcncott captured Huddy, and, animated by revenge, executed 648 APPENDIX. the murderer of his relative. The reader would never imagine that these trans actions should have implicated the lives of Captain Saumarez, and of the other twelve captains taken prisoners with the army, under Earl Cornwallis ; such, however, was the fact. On the 2d of June, 1782, they were ordered by the Ame rican congress through General Washington to assemble at Lancaster, in Penn sylvania, and there draw lots, that one among them might suffer death in retaliation for the execution of Huddy. Sir Charles Asgill was the fated victim. In conse quence he was conducted to the American army, stationed in the Jerseys, under a strong escort, and detained in prison for six months. The gallows was erected, but the urgent remonstrances of Major Gordon, of the 80th regiment, with the French ambassador at Philadelphia, and the forcible appeals of the captains to General Rochambeau, who commanded the French army at the siege of York-town, suspended the sanguinary and vindictive intentions of congress ; Captain Asgill was ultimately liberated through the intervention of the French government, and the kind offices of the unfortunate queen of France, Marie Antoinette. Captain Saumarez, being the senior officer of the British troops during the time they were prisoners at York town, in Pennsylvania, had the charge of three thousand men, among whom it was a most arduous task to maintain discipline, more especially as they were constantly invited by the Americans to desert. He himself was frequently offered passports for England, but his sense of honour and