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".