And the Charte Aux Normands
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The Sources of Jersey Law Richard Southwell, QC
Return to Contents The Sources Of Jersey Law Richard Southwell, QC This modest note is a voyage of personal exploration, not a statement of judicial views. Suppose that an English and Welsh/Scottish/Northern Irish QC receives the honour of appointment to the Court of Appeal of Jersey. He (or she) knows nothing of Jersey law and its sources. Where does he or she begin? The starting point now, as always since the Jersey Court of Appeal came into existence in 1964, is to consult Sir Godfray Le Quesne QC, whose advice, crisp, to the point and accurate, has unfailingly sustained several generations of non-Jersey members of the Court of Appeal. After that one must consult the books. Much help can be found in the Reports of the Commissioners appointed to enquire into the criminal law of Jersey (1847) ("the Criminal Report") and the civil, municipal and ecclesiastical laws of Jersey (1861) ("the Civil Report"). These Commissioners had the tasks of carrying out a thorough investigation of the laws and courts of Jersey, and not surprisingly they started with the sources of Jersey law, considering these under the two heads of common or customary law, and legislation. It is convenient to refer first to legislation, of which there are these kinds: 1. Royal Charters, which are listed in the appendix to the Criminal Report of 1847, including a charter attributed to the reign of King John (see the same Appendix at page 72) which, whether authentic or not, and of whatever date, has been recognised as correctly recording established privileges of the inhabitants of Jersey. -
The Role of the Channel Islands in the Development and Application of Norman Law During the Late Middle Ages and Early Modern Period
THE JERSEY & GUERNSEY LAW REVIEW 2018 THE ROLE OF THE CHANNEL ISLANDS IN THE DEVELOPMENT AND APPLICATION OF NORMAN LAW DURING THE LATE MIDDLE AGES AND EARLY MODERN PERIOD Tim Thornton Although attention has been paid to the impact of continental Norman law on the Channel Islands, the impact of the experience and practice of the islands themselves on Norman law, more generally, has not been taken into consideration. This is despite the fact that it is increasingly clear that, far from being isolated from developments in continental Normandy, at the social, economic and ecclesiastical level after 1204 the islands were directly involved in exchanges in many contexts. In this paper the role of the islands is assessed in the practice and development of Norman law in the period from the fifteenth century to the seventeenth century. 1 In this short paper I intend to consider briefly the history of Norman law in its relation to the Islands, and more specifically the place and influence of the Islands within the wider Norman legal context. The role of Norman customary law in Jersey and Guernsey has been extensively discussed. Terrien’s commentary on the Ancienne Coutume was published in 1574 and was reprinted in 1578 and 1654. It was in Guernsey’s case the reference point for the limited degree of codification achieved through the Approbation des Loix in 1583, while Jersey remained more straightforwardly able to refer to what ironically in same year was published on the mainland as the Coutume Reformée. Even after the end of the 16th century, Island law across both Bailiwicks continued to develop with reference to the practice of the mainland, including the Coutume Reformée, through the commentators on it, Basnage, Bérault, Godefroy, and D’Aviron being the main ones in the period before the 18th century. -
Documents of Constitutional Importance for the Channel Islands
THE JERSEY & GUERNSEY LAW REVIEW 2015 DOCUMENTS OF CONSTITUTIONAL IMPORTANCE FOR THE CHANNEL ISLANDS: Reflections on a Rencontre Gordon Dawes The papers presented at a Rencontre in Guernsey in 2009 drew attention to a number of documents of significance in the constitutional history of the Channel Islands. The author examines each of them. 1 It was my privilege to edit ten papers produced for and after the Rencontre which took place in 2009, loosely themed around the Treaty of Paris of 1259. The papers covered a wide range of topics historical and legal, but shared a common Anglo-Norman theme. The Rencontres are important opportunities for the legal and academic communities of the United Kingdom, France, the Channel Islands and further afield to meet, exchange ideas and stimulate each other’s activities. The published proceedings of the Rencontres are valuable records in their own right and have stood the test of time in terms of their usefulness. Highlights from previous travaux include Robert Génestal’s La Formation et le Développement de la Coutume de Normandie1 and Jean Yver’s Les caractères originaux de la Coutume normande dans les îles de la Manche.2 The papers from the 2004 Rencontre3 were well received. The wonderfully evocative and illuminating tale underlying John Kelleher’s paper has stayed with me in particular.4 1 Travaux de la Semaine d’Histoire du Droit Normand tenue à Guernesey du 26 au 30 Mai 1927, Caen 1928, at 37. See also his paper on the retrait lignager from the 1923 Semaine, this time held in Jersey. -
Legal Traditions in Anglo-Norman England and Their Scandinavian Roots a Thesis Presented To
Legal Traditions in Anglo-Norman England and their Scandinavian Roots A Thesis Presented to The Faculty of the Department of History The Colorado College In Partial Fulfillment of the Requirements of the Degree: Bachelor of Arts May, 2016 Carol Neel, Advisor 1 1 Acknowledgements First and foremost I would like to thank my mother, Heather Murchison, and my father, Rhett Alden, for encouraging me to follow my dreams and pursue my passions. The two of you have given me the strength and confidence to do anything, and this thesis is the result of that gift. You both instilled in me a deep love for the past, and the knowledge that is contained therein. You gave me the identity that drew me to write this thesis, and that identity has been greatly enriched by that process. I love you both very much. To Carol Neel, my advisor and friend, who has guided me through the path of higher education with compassion and excitement for the last three years, I do not know what I would have done without you. I, and this thesis, owe you a great debt for the invaluable aid and wisdom you’ve given me. To Bryan Rommel-Ruiz, I began my journey towards this thesis under your tutelage in my Junior year. You encouraged me to engross myself in the topics I felt the strongest about, and with your help I was able to establish the foundations for this very paper. Your assistance did not end with that class, however, as your aid was invaluable in the final stages of editing this paper. -
Property Law in Jersey
This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. PROPERTY LAW IN JERSEY Rebecca Frances MacLeod PhD The University of Edinburgh 2011 CONTENTS PREFACE ix DECLARATION xi ABSTRACT xiii BIBLIOGRAPHY AND ABBREVIATIONS xv INTRODUCTION 1 CHAPTER 1: FOUNDATIONS OF JERSEY PROPERTY LAW 5 A. INTRODUCTION 5 B. LEGISLATION 5 C. CASES 6 D. JURISTIC WRITING 9 E. CUSTOMARY LAW 14 F. GAPS 16 G. JERSEY: A MIXED JURISDICTION 16 H. FOREIGN LAW: SOME PROBLEMS AND SOME MERITS 18 I. WHICH SYSTEMS TO LOOK AT? 20 J. WHEN AND HOW TO LOOK AT OTHER SYSTEMS 22 K. CONCLUSION 24 CHAPTER 2: FEUDAL LAND TENURE 25 A. INTRODUCTION 25 B. FEUDAL LAND TENURE 25 C. DECLINE OF FEUDALISM 29 D. REFORMS IN JERSEY 30 E. MODERN LAW 33 CHAPTER 3: REAL RIGHTS 35 A. INTRODUCTION 35 B. -
A Cross-Channel Legal Culture in the Late Thirteenth Century Thomas J
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2013 Between England and France: A Cross-Channel Legal Culture in the Late Thirteenth Century Thomas J. McSweeney William & Mary Law School, [email protected] Repository Citation McSweeney, Thomas J., "Between England and France: A Cross-Channel Legal Culture in the Late Thirteenth Century" (2013). Faculty Publications. 1855. https://scholarship.law.wm.edu/facpubs/1855 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs Law, Governance, and Justice New Views on Medieval Constitutionalism Edited by Richard W. Kaeuper With the assistance of Paul Dingman and Peter Sposato BRILL LEIDEN • BOSTON 2013 Cover illustrations: Illumination from The Wriothesley Garter book. Owned, and largely written, by Sir Thomas Wriothesley, with additions by his successors as Garter King of Arms ( c.1530 ), RCIN 1047414. Royal Collection Trust I© HM Queen Elizabeth II 2012. Library of Congress Cataloging-in-Publication Data Law, governance, and justice : new views on medieval constitutionalism I edited by Richard W. Kaeuper with the assistance of Paul Dingman and Peter Sposato. pages em. - (Medieval law and its practice ; volume 14) Includes index. ISBN 978-go-04-23590-8 (hardback)- ISBN (invalid) 978-90-04-23642-4 (e-book) 1. Constitutional history-England-History-To 1500-Congresses. 2. Constitutional history, Medieval-Congresses. I. Kaeuper, Richard W., editor of compilation. II. Dingman, Paul, editor of compilation. III. Sposato, Peter, editor of compilation. KD3941.L39 2013 3424202' gogo2-dc23 2012043177 This publication has been typeset in the multilingual "Brill" typeface. -
ENGLAND and NORMANDY, 1204-1259 by Wendy B. Stevenson
ENGLAND AND NORMANDY, 1204-1259 by Wendy B. Stevenson Vo 1urne I Submitted for the Degree of Ph.D. in the University of Leeds 1974 SUMMARY England and Normandy, 1204-1259 by Wendy B. Stevenson Submitted for the Degree of Ph.D. in the University of Leeds, 1974 In 1204, Normandy submitted to King Philip Augustus of France but the kings of England refused to acknowledge the loss of the duchy, or of the other Angevin possessions conquered by the French kings, until the Treaty of Paris of 1259- Apart from King John's grandiose attempt of 1214 to recover all the conquered provinces, no serious attempt was made by an English king between 1204 and 1259 to recover the duchy. Consequently, most modern historians tend to speak of the "loss of Normandy" in 1204 and the "formal" surrender of all English claims thereto in 1259 as if the events of the former date had effectively severed England and Normandy for ever. It is generally felt that on the whole the links with England were very soon forgotten and that after 1204 the duchy settled down quite happily under her new French masters who adopted a conciliatory policy t owa r d s her. This thesis questions the current orthodoxy as summarized above. It examines Anglo-Norman relations between 1204 and 1259 and reveals that strong ecclesiastical, economic and tenurial links continued to exist between England and Normandy throughout the period. Consideration is also given to the relations of the various sectors of Norman society with their new Capetian rulers and it is suggested that these were not as harmonious as previously supposed.