Charters of Liberties from Crown of England to Guernsey and Jersey from WIKI & Government
Royal charters applying to the Channel Islands
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This is a list of charters promulgated by Monarchs
of England that specifically relate
to the islands of Jersey, Guernsey, Alderney or Sark which together form
the Channel Islands, also known as
the Bailiwick of Jersey and
the Bailiwick of Guernsey.
Forming part of Brittany and then Normandy in the 10th and 11th centuries,
the Duke of Normandy, in 1066, took the
Crown of England.
The physical location of the Channel Islands became important when the
English Monarchs began to lose their French possessions and the islands became the front line in a
series of wars with France that lasted for centuries. Loyalty to the English Crown was rewarded.
The Charters are given in the form of Letters patent being a
form of open or public proclamation and generally conclude with: In cujus rei
testimonium has literas nostras fieri fecimus patentes. (in witness whereof we
have caused these our letters to be made patent.)[1]
: 42–44 The Charters being confirmed by the Council in Parliament, or
by the Parliament of England.[2]
Lord Kinnear, in Smith v. Lerwick Harbour Trustees said about the Crown's
property rights: "If the solum of Shetland as a whole is not originally the property of the Crown, I
know of no authority, and can see no reason, for holding (saying) that part of it which is called the
foreshore is Crown Property". This statement could equally well be applied to the seabed, especially
since the foreshore is regarded as part of the seabed in English law. S.O.U.L. (udallaw.com)
The legal materials are as follows:
Year |
Monarch |
J |
G |
A |
S |
Subject |
Notes |
1279 |
Edward I |
|
|
|
|
Charter granting Seal to the Bailiff. |
[3] |
1341 |
Edward III |
|
|
|
|
For continued faithfulness, grant continuation of privileges, liberties, immunities,
exemptions and customs, including heirs and successors. Granted by us and our heirs. |
[1]
: 1–4 |
1378 |
Richard II |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, grant
continuation of privileges, liberties, immunities, exemptions and customs as regards
persons, goods and monies, including heirs and successors. Granted by us and our
heirs. |
[4]
[1]
: 5–10 |
1394 |
Richard II |
|
|
|
|
In consideration of good behavior and great loyalty, granted the peoples and communities to
be free of all tolls, duties and customs in England, provided the loyalty continues,
including heirs and successors. Granted by us and our heirs. |
GG
[1]
: 5–10 |
1400 |
Henry IV |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, grant
continuation of privileges, liberties, immunities, exemptions and customs as regards
persons, goods and monies, including heirs and successors. Granted by us and our
heirs. |
[1]
: 11–14 |
1414 |
Henry V |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, grant
continuation of privileges, liberties, immunities, exemptions and customs as regards
persons, goods and monies, including heirs and successors. Granted by us and our
heirs. |
[1]
: 15–19 |
1442 |
Henry VI |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, grant
continuation of privileges, liberties, immunities, exemptions and customs as regards
persons, goods and monies, including heirs and successors. Granted by us and our
heirs. |
GG
[1]
: 20–7 |
1465 |
Edward IV |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, grant
continuation of privileges, liberties, immunities, exemptions and customs as regards
persons, goods and monies, and to be free of all tolls, duties and customs in Kingdom of
England, provided the loyalty continues, including heirs and successors. Granted by us and
our heirs. |
GG
[1]
: 28–38 |
1469 |
Edward IV |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, and in
addition, for the recapture of Mont
Orgueil castle, grant its peoples and communities to be free of
all tolls, duties, customs, subsidies, pontages, panages, murages, tallages, fossages
and other dues in the Kingdom of England and all our lands and islands, provided the
loyalty continues, and to have all their rights, liberties and franchises free without
fine or fee, including heirs and successors. Granted by us and our heirs. |
[1]
: 28–38 |
1470 |
Edward IV |
|
|
|
|
Edward IV accepts £2,833.6s.8d from Guernsey and Jersey as recompense for recapturing
Jersey and Mont Orgueil. |
[5]
[1]
: 28–38 |
1483 |
Richard III |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, grant
continuation of privileges, liberties, immunities, exemptions and customs as regards
persons, goods and monies, and to be free of all tolls, duties and customs in Kingdom of
England, provided the loyalty continues, including heirs and successors. Granted by us and
our heirs. |
GG
[1]
: 39–44 |
1485 |
Henry VII |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, and for the
recapture of Mont Orgueil castle, grant its peoples and communities to be free of all
tolls, duties, customs and expand to include subsidies, pontages, panages, murages,
tallages, fossages and other dues in the Kingdom of England and all our lands and islands,
provided the loyalty continues, and to have all their rights, liberties and franchises free
without fine or fee, including heirs and successors. Granted by us and our heirs. |
GG
[1]
: 45–50 |
1494 |
Henry VII |
|
|
|
|
Charter to reconcile division between Governor and peoples of Jersey and suppress
oppression of population, confirming only Jurats could confine a
prisoner, except for treason and the governor had no jurisdiction in Jersey, secular or
ecclesiastical. |
[6]
[7] |
1510 |
Henry VIII |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, and for the
recapture of Mont Orgueil castle, grant its peoples and communities to be free of all
tolls, duties, customs, subsidies, pontages, panages, murages, tallages, fossages and other
dues in the Kingdom of England and all our lands and islands, provided the loyalty
continues, and to have all their rights, liberties and franchises free without fine or fee,
including heirs and successors. Granted by us and our heirs. |
GG
[1]
: 51–6 |
1548 |
Edward VI |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, and for the
recapture of Mont Orgueil castle, grant its peoples and communities to be free of all
tolls, duties, customs, subsidies, pontages, panages, murages, tallages, fossages and other
dues in the Kingdom of England and all our lands and islands, provided the loyalty
continues, and to have all their rights, liberties and franchises free without fine or fee,
including heirs and successors.
Additions: As regards exporting wheat a limit of 12d per
quarter duty and for wool 3s 6d per 150 pounds. As regards use of Islands by foreign
shipping during time of war, without condemnation or interference (making Islands
neutral). Granted by us and our heirs.
|
[8]
[1]
: 57–67 |
1553 |
Mary I |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, and for the
recapture of Mont Orgueil castle, grant its peoples and communities to be free of all
tolls, duties, customs, subsidies, pontages, panages, murages, tallages, fossages and other
dues in the Kingdom of England and all our lands and islands, provided the loyalty
continues, and to have all their rights, liberties and franchises free without fine or fee,
including heirs and successors. Granted by us and our heirs. |
GG
[1]
: 68–73 |
1559 |
Elizabeth I |
|
|
|
|
Confirm for continued faithfulness and because of the great dangers and costs, and for the
recapture of Mont Orgueil castle, grant its peoples and communities to be free of all
theolonian taxes, customs, subsidies, pontages, panages, murages, tallages, fossages in the
Kingdom of England and all our lands and islands, provided the loyalty continues, and to
have all their rights, liberties and franchises free without fine or fee, including heirs
and successors. Granted by us and our heirs. |
GG
[1]
: 74–94 |
1560 |
Elizabeth I |
|
|
|
|
In recognition of the faithfulness, obedience and service and regarding the various rights
granted by previous Monarchs, grant the following rights:
Its peoples and communities to be free of all tributes,
tolls, customs, subsidies, hidage, taylage, pontage, panage, murage, fossage, works,
and warlike expeditions (except in the event of the Monarch is held in prison) and of
all other contributions whether given by charter, grant or other method in the Kingdom
of England and all our provinces, dominions and territories.
In time of war, merchant ships from all nations may
shelter and trade in the Islands without danger in remaining or departing to their
ships, persons or goods, within sight of the Islands.
The bailiffs, jurats and magistrates rights to uphold the
laws and hear pleadings, except for the ancient right of royal appeal.
The bailiff, jurats and peoples of the Islands shall not
be forced to appear before any court in the Kingdom of England for any reason other
than by Royal determination.
Confirmation of rights, jurisdictions, immunities,
impunities, indemnities, exemptions, liberties, franchises and privileges given to
bailiff, jurats, people and merchants, irrespective of place of birth.
Saving the allegiance, subjection and obedience of all
Islanders irrespective of length of time in the islands and the regalities, privileges,
incomes, revenues, tributes and other rights due to the Monarch.
The right to seek further letters patent without payment
to the hanaper. Granted by us and our heirs.
|
GG
[1]
: 74–94 |
1562 |
Elizabeth I |
|
|
|
|
Confirmation of previous charters and additions:
Exemption of all taxes and duties unless the Sovereign is
in prison.
Confirmation of jurisdiction
of Jersey Royal
Court on civil and criminal matters.
That the peoples of the Island shall not be forced to
appear before any court in the Kingdom of England for any reason other than by Royal
determination.
|
[9] |
1565 |
Elizabeth I |
|
|
|
|
Charter granting Fief of
Sark to Hellier de
Carteret on payment of 50 shillings a year provided supplying at
least 40 men armed with muskets to defend the island. |
[10] GG
[1]
: 74–94 |
1604
(Apr) |
James I |
|
|
|
|
Confirms previous rights including the rights to local justice, not allowing English writs
to apply to islanders, non local inhabitants and merchants are also protected, levy of 12
pence on a quarter of grain and 3/6d per pound of wool. Free commerce in time of war and
exemption from duties and tolls. |
[11] |
1604
(Dec) |
James I |
|
|
|
|
Confirms Charter of 1560. Granted by us and our heirs. |
GG
[1]
: 95–115 |
1605 |
James I |
|
|
|
|
Adds to Charter of 1560:
Free of any custom, subsidy, tonnage or poundage on goods
growing, coming from, made or produced in islands and taken to realm of England.
To continue to charge a pettie
Custume on imports to Guernsey to pay for
the harbour
development and public works.
The continuing right to weigh and measure merchandise and
to charge fees, for an annual rent of twenty shillings.
|
GG
[1]
: 95–115 |
1627 |
Charles I |
|
|
|
|
Adds to Charter of 1605:
Inclusion of "incorporations" regarding customs.
Giving all lands and incomes previously given to churches,
schools and hospitals to the bailiff, jurats and people of Guernsey, to be used solely
for the benefit of the churches, schools and hospitals.
To continue providing Castle
Cornet in Guernsey with victuals, including 100 tuns (1 tun
holds 252 gallons) of beer, 600 flitches of bacon, 1,200 pounds of butter etc. in
exchange for the rights to import 500 tuns of beer, 50 dickers (a dicker is 10
hides) of leather, 25 dozen calueskinnes (parchment) and 500 toddes of wool (a tod
is 28lbs).
To import items needed for Castle Cornet from England
without taxes, but needing written requisition from the castle. To import other goods,
except munitions up to a value of £150 of duty, duty free and limiting ports.
|
GG
[1]
: 116–143 |
1668 |
Charles II |
|
|
|
|
Reconfirms Charter of 1627. |
GG
[1]
: 144–170 |
1687 |
James II |
|
|
|
|
Confirms privileges granted to Jersey by James I and granting further liberties. |
[12] |
- GG – Charter held in Guernsey Greffe
References
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