letters patent of August 9, 1615


James, by the grace of God, King of Englaunde, Scotlaunde, Fraunce and Irelaunde, Defendor of the Fayth, etc. To all to whom theis presents shall come, greetinge.  Whereas a controversie hath ben lounge dependinge before us and our Councell betwixt Sir John Peyton, knight, Captaine of our Isle of Jersie, and John Heraulte, of St. Sauveur, esquire, concerninge the right of nominacion of the office of Bayliffe of the sayd Isle, claymed by the said Sir John Peyton, by virtue of the etters Ppatents, whereby hee holdeth his office of Captaine of the said Islaunde; but the said office of Bayliffe [? was] graunted by speciall Letters Patents drom us unto the said John Herault; and alsoe touchinge the wages appertayneinge to the said office of Bayliffe: forasmuch as the power and authoritie to nominate, appointe, or constitute a magistrate, or publicke officer of justice, is one of the essentiall and principall markes of the supreame power and authoritie, and an act meerely regall, and altogeather inseparable from our royall person; and that, contrary to our royall intente and meaninge, the same hath ben inserted into the said Sir John Peiton's Letters Patents, in prejudice of the common right and priviledges of that Islaunde, and the speciall lawes, statutes and ordinance made for the good government of the same; wee, therefore, accordinge to the reporte of our right trustie, and welbeloved Councellors, the Lord Zouch, and Sir Raphe Winwoode, knight, our principall Secretary, formerly appointed to heare and examine the said cause, have ordayned and commaunded, and by theis presentes, for us our heires and successors, doe ordaine and comaunde that the said Herault bee put in the present and peaceable possession of the said office of Bayliffe, accordinge to the purporte and meaneinge of our said Letters Patents, without any disturbaunce or hundrance, to bee by the said Sir John Peyton, or any other of the same Islaunde, or any other Captaine or Governor that shall herafter succeede in that place, or under any pretence or colour whatsoever, or by any other person or persons whatsoever.  And forasmuch as wee alwaies intended that a competent and reasonnable pencion should bee yearely allowed unto our said Bayliffe out of the revenues of the said Isle; wee therefore, accordinge to the said reporte, have ordred, adjudged, and commaunded, and by theis presentes for us, our heires and successors, doe order, adjudge, and commaunde that the summe of one hundered markes of lawfull money of Englaunde shal be yearely payde by our Receavour there out of our revenues and possessions in the same Islaund unto the said Herault, for and duringe his life, for his wages of Bayliffe, over and above all other profitts and emoluments thereunto belounginge; the said summe of one hundered markes to bee payde to the said Herault yearely duringe his life, by equall portions at the fower tearmes of the yeare accustomed: the first payment to beginn from the 25 day of Aprill, 1614.  To which allowance and fee of one hundered markes by the yeare, the said Sir John Peiton hath submitted himself.  And to the end that hereafter all difficulties concerninge the nominacion, institucion, and appointment of the officers aforesaid may bee taken away, wee, by the advise and mature deliberacion of our Councell, have commaunded, and orderred, and by theis presentes for us, our heires and successors, doe commaunde and order, that henceforth, no Bayliffe, Deane, Viscounte, Procureur or Advocate to us, shalbe made and appointed, but ymmediately by Letters Patents under our Seale, in the name and by the authoritie of us, our heires and successors, Kinges of this realme of Englaunde, and Dukes of Normandie, and not otherwise.  And wee do likewise commaunde and enjoyne the said Sir John Peiton, and all other Captaines and Governors of the said Islaunde, present and to come, never herafter to attempt, or intermeddle in any wise in the nominacion, institucion, and appointment of the said offices of Baylifffe, Deane, Viscounte, or Attorney or Advocate, or any other publicke officer of justice within the said Isle, or in any wise to infringe or violate either the priviledges graunted to the inhabitants thereof, by the most excellent Prince of famous memory, King Henry 7, or the statutes and ordinances made by the same Kinge for the good and peaceable government of the same Islaunde, upon payne to incurr our indignacion, and further punishment at our pleasure.
And to the ende that this acte bee duly putt in execution, wee doe further commaunde that the same be entred, aswell into the register of Councell Causes, as in the Royall Courte there; and to give notice from time to time unto us and our Privie Counceill of the contraventions attempted in prejudice of the same. For such is our pleasure.
In witnesse whereof, we have caused theis our letters to be made Patentes.
Witnes Ourself at Westminster, the ninth day of August in the thirteenth yeare of our raigne of Englaund, Fraunce, and Irelaunde, and of Scotlaunde the nyne and forteeth.
Per breve de privato sigillo.          Coppin.

Source: Acts of the Privy Council of England. 1615-1616. London, 1925.  pp. 287-289.  There is an almost identical text in Charles Le Quesne: Constitutional History of Jersey. London, 1856: Longman, Brown, Green, and Longmans.  p. 248-250, except that Le Quesne omits from the beginning to "Forasmuch as the said power...", omits "of this realme", and reads "captaines or governours" instead of "Captaines and Governors".