Bailiff Herault

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Bailiff Jean Herault




By A C Saunders

Court Greffier

John Herault was born in or about the year 1570 at La Paloterie, in the parish of St Saviour. His parents were poor, and any education he had was obtained from local schools and his own unaided efforts. He determined to be a lawyer, and in due course became Greffier of the Court, and was the medium by which correspondence was interchanged between the Governor and the Privy Council. The way in which he submitted cases before the Privy Council gave the English Government a very high opinion of his ability, and when Gardiner and Hussey came to Jersey to enquire into the grievances of the inhabitants, they were instructed to consult the Greffier. His was the pen which wrote out the grievances of the Islanders.

For over half a century Jersey had had a military Government and the Bailiff had been a nominee of the Governor. In the patent of Governorship granted to Peyton he had managed to get inserted his right to nominate the Bailiff after Paulet gave up office. It was well for Jersey that a man like Herault was Greffier at the time. He knew the hardships imposed on the people, and being one of them, he used his great abilities in trying to limit the powers of the Governors to matters military.

When Paulet gave up office the Crown nominated Herault to succeed him. He had shown the Privy Council that he was willing to fight for the cause of the Islanders, and that he was well aware of their grievances. The only way to bring about peace in the Island was by the appointment of a man to the Chief Magistracy who was determined to see justice in the land, and who was well acquainted with the laws of the Island.

Herault had a very difficult position to fill. Sir John Peyton and his followers were against him and trying to get him out of office and therefore he was all the more particular in fighting against the slightest infringement of any of the privileges attached to his appointment. In many cases his conduct appeared to be unnecessarily overbearing, and sometimes almost insulting to his opponents, and he often failed in those courtesies the lack of which he was always ready to resent when his own office was concerned.

When Aaron Messervy was Lieut-Governor he was always quarrelling with the Bailiff, and eventually Messervy submitted a memorial to the Privy Council in which the complaint was made that the Bailiff treated the Lieut-Governor as a subordinate. This Messervy was not a native and had not much consideration in the Island.

In February 1615 the Court was called by the Lieutenant who wished to preside, but he was informed that the chair had to be taken by the Bailiff, according to the decision in the year 1606, and so the Lieutenant yielded with the proviso "that this should not prejudice him".

Appointed Bailiff

So Jean Herault was made Bailiff of Jersey, and on 16 September 1615 he took the oath of office before the Judge-delegate, nine Jurats and Aaron Messervy, Captain's Lieutenant, and swore to exercise the office to the Glory of God and the maintenance of the Reformed Church; to be faithful to the King as Duke of Normandy, defend the country, punish traitors and malefactors, do justice according to the custom of the Isle and maintain its rights and privileges.

After taking the oath he assumed the judicial chair, and on 18 November the Court decided to pay him 100 marks a year from 5 April 1614, and other emolument which former Bailiffs had been entitled to.

Herault now came into contact with Peter Maret, the Receiver and Procureur, who belonged to the party of the Governor who was often out of the Island, probably doing his best to belittle the Bailiff at headquarters.

The Bailiff wrote on 18 March 1616 to Secretary Winwood, and suggested that a special Commission should be sent to Jersey to inquire into the state of affairs. He complained that the present Procureur, Peter Maret, was totally unfitted for the position, and that as he was Receiver of Revenue for the Governor, there was no one to submit any injustice done by the Receiver to the Courts as he was the Procureur. Herault pointed out that Maret had been brought up in Spanish seminaries, "got pernicious maxims, and refuses to give the ministers an account of his faith or to receive Sacrament". Maret was evidently another tool of the Governor, and the Bailiff complained on 20 July 1616 to the Secretary of State that Sir John was so vexed at his appointment that he and his friends did all in their power to "disgrace me and hinder me in my duties, caluminating me before the people when I am administering justice so that I have sometimes to dissolve the assembly".

Defences

In April 1616 Herault called attention to the state of the defences of the Island, and stated that if Sir John Peyton and his agents “can amass money enough they care not how the rest goes”. He pointed out that there were only four poor men in each Castle, without officers, and suggested that there should be at least 40 soldiers for Mont Orgueil and 24 for Elizabeth Castle, with the necessary officers, and that the stores and ordnance should be inquired into and that an independent Receiver should be appointed who would see that the money was properly expended.

He also suggested that a Dean should be appointed over the ministers. He pointed out that the Lieut-Governor was guided by Peter Maret, who was very much disliked by the people.

Later on Herault complained that Sir John was sending his butler to be Master Porter of Elizabeth Castle, “who has no acquaintance with war and only understands serving pots of wine and beer at table”.

Herault was determined to uphold the dignity of his office, which he asserted was greater than that of Captain, and claimed that the Bailiff had to see that the Captain kept the Castles in repair as well as guarded. He also asserted that " None but the Bailiff had ever authority to use the plural we".

Evidently the Privy Council supported him with regard to Peter Maret, for he thanked Secretary Winwood for the justice done.

But he could not introduce all his proposed alterations without making many enemies, especially when he had the Governor and his friends against him. They were not going to allow him to usurp what they had come to consider as their rights, and accordingly they drew up a petition in which his indiscretions were magnified to such an extent that according to them he was unfit to uphold the dignity of his office.

Summons

Herault, who was described as Seigneur de St Sauveur, therefore was very much surprised to receive from the Secretary a letter dated 3 August 1616. It was very short but to the point : "Upon information given against you, His Majesty is pleased that you shall be heard in your defence. I therefore require you to appear before the Privy Council at Court on 1 November next", and he was directed to substitute Philip de Carteret, " Seigneur de Hault Vinchelles", in his place as Bailiff in his absence.

The information had been laid by Sir John Peyton, who complained that Herault had declared that he was in charge of Jersey and that the Governor was only Captain of the Castle and muster master of the companies, and that he had asked the ministers to put the Bailiff before the Governor in their prayers. That the Bailiff professed to deliver the people from the tyranny of the Governors; that he assembled the States without the direction of the Governor ; that he had displaced HM Procureur, whom the Governor had appointed according to his patent, etc.

The information was supported by Aaron Messervy, Lieut-Governor, and John le Hardy, HM Advocate.

On 27 October Philip Maret joined in the fray and asked for justice and liberty, as he had served seven years as Procureur, and in seeking to maintain His Majesty's prerogative and soliciting the people to receive the English form of prayer, he had been deprived of his office and kept close prisoner for two months.

He declared that the reason why he had incurred the animosity of the Bailiff, Sir Philip de Carteret, and others, was that the Bailiff took offence because he had insisted in using, according to custom, Justices' opinion whether Philip Bisson was finable or not for opposing a certain order which the Bailiff endeavoured to make of one shilling impost on every bottle of wine sold in the Isle ; opposing his claim to tavernage ; opposing his claim to le poids du Roy ; opposing his title of Seigneur de St Sauveur, etc.

He also protested against Sir Philip de Carteret, who had wanted and obtained the Procureurship for his brother, Elias Carteret. And so ended the first period of the Bailiffship of John Herault. He had tried to alter things against the wishes of those in power, and was now called upon to justify his actions.

Honest but poor

There was never any question of the honesty of the Bailiff. He was poor, and had great difficulty in supporting the position he held. He was fighting against a very powerful military usurpation by means of which the Paulets had sought to gratify their own selfish aims to the detriment of the people they governed. Herault saw the misery of his countrymen, and as a man of great integrity and capacity, and learned in the law, he sought to obtain justice for his fellow-countrymen.

He had been appointed to his position by the King against the wishes of the Governor, who would have liked to have placed his own puppet as Chief Magistrate; but unfortunately Herault was a man of little tact and offered many opportunities to his enemies by the outspoken way in which he claimed his rights and denounced those who were against him.

Some of the rights so claimed seem very petty, as we look at them from the present day standpoint. He was often made to appear as if he were trying for the advancement of his own personal importance instead of the defence of the slightest suggestion that the privileges of his office were in danger. The King had appointed Herault as his Bailiff notwithstanding that Sir John claimed the right to the appointment under his patent, but the latter's claim had been over-ruled under the Act of Parliament of 2 July 1536, by which the appointment of officers was reserved for the King alone, and the Bailiff and Jurats had to try all causes.

It was a fight between Sir John as Governor and John Herault as Bailiff as to who should be the Chief Power in the land. It was a bitter fight. John Herault appeared in London, as directed, to answer the charge made by Sir John that John Herault, of St Saviour, Bailiff of Jersey, had usurped his office of Governor and, at Whitehall in February 1617, the decision was that Herault was acquitted of "Undutifulness to His Majesty or injustice in government, but not of heat of words for which we gave him a sharp reprimand".

The Bailiff was allowed 60 pounds to cover his expenses and directed to repair home to his charge, and it was decided that he should, besides 100 marks a year as salary, enjoy the same rights and privileges as had been enjoyed by his predecessors. “We think the charge of the military forces should be wholly in the Governor and the care of justice and civil affairs in the Bailiff." The report of the Council was approved by the King, who directed it to be entered in the Council register.

But the King was not satisfied with the condition of affairs in the Island. In the fight between the Governor and the Bailiff many irregularities had come to light, and on 25 March 1617, at Westminster, a Commission was granted to Sir Edward Conway and Sir William Bird, Master in Chancery, to proceed to Jersey to examine the forts and castles, the defects and negligencies in the service, both in the Civil and Military Government.

Their Commission gave them great and wide powers, for they were directed to take an inventory of all ordnance, armour, provisions and munition, of the number of the soldiers serving in the Castles ; ascertain whether any of the stores had been embezzled or sold, and if so, how much and by whom ; muster the inhabitants and take an inventory of their armour and munition; examine the Martial and Civil Government and enquire into all extortions, oppressions, etc, committed of late years, ascertaining particulars of the offenders and examine into the dispute between Sir Philip Carteret, the Bailiff, and Philip Maret, who complained that he had been deprived of his office of Procureur.

The Commission, which was signed by His Majesty and Sir Ralph Winwood, gave them full power to take such order as may best advance our service and content our subjects. They were also directed to enquire into ecclesiastical matters and the election of a Dean and what jurisdiction he should have.

Sovereign Court

The Commissioners had a paper submitted to them descriptive of the Island at that time. In it was stated that the King had a Sovereign Court composed of a Bailiff, 12 Jurats, Sheriff, Procureur, Attorney, Clerk, Prosecutor and Usher, and that there was a Common Council called the Assembly of these States composed of the Bailiff, by whose mandate it is summoned, of 12 Jurats, 12 Ministers and 12 Constables.

Sometimes the Captains had been asked to sit at this Assembly and Peyton's Lieutenant, Aaron Messervy, wished the Acts of the Assembly to pass in his name, but the States decided that none had ever presided but the Bailiff.

The ecclesiastical affairs had, prior to the Reformation, been under the Bishop of Coutances, but since then had been under the superintendence of the Bishop of Winchester.

So the Commissioners came to Jersey and Sir Edward Conway opened the Commission on 3 May 1617, and in his speech stated that the King, “having received information of disorders of misgovernment in the Martial and Civil administration of the Island, whereof he has a singular care, and a great estimation of the love and loyalty of the inhabitants”. He wound up his speech by informing his hearers that they had heard our Commission and "We do not doubt you will acknowledge what a just and loving Prince you have".

Sir William Bird also spoke:

"That which the worthy gentleman to whom I am associated in this Commission has delivered to you in your own proper language, of the princely care His Majesty has of the safety and good government of his Island, though I be not so fit to express the understanding of all present, for my want of use of the French tongue, yet because I am a witness of what His Majesty out of his own mouth delivered to us, to the effect already spoken. I avow the truth of the same, and promise like diligence in discharge of this trust, without respect of any man, but a direct aim of the service of His Majesty and the good government of this country."

The Commissioners evidently meant business and their advent was a good day for Jersey. On 14 May John Bucknell, Master Porter of Mont Orgueil, delivered to the Commissioners his list of ordnance stores and provisions at the Castle, and on 20 May Aaron Messervy, Captain of St Saviour's Parish, delivered his muster roll showing that it contained the names of 224 men, and that they had a falcon and a falconet with 120 of powder and six pounds of match, 26 balls for the falcon and 16 for the falconet. The Commission asked for a return of the number of men charged with muskets and other furniture for the years 1608, 1610 and 1617, giving the quantity of arms, munition, etc, for each parish for each year, also for any notes of musters in 1549 and 1562.

Detention

In August 1622 Herault was still detained in London, and, in writing to secretary Calvert, he pointed out that he "cannot be justly charged with injustice or corruption; the chief persons of the country have attested his fidelity. Is reproached with being poor and irritable but his poverty has never led him to a base act, nor irritability to violence. Begs that if he is to resign, that he may do it with honour, and have his pension assigned on some sure ground".

On 15 March 1624 he again wrote to the secretary:

"My debts and necessities compel me to sue to you. I have been always ready to resign my place so that my reputation might be spared, having given no just cause of offence and executed my office well. I should not be condemned without being heard."

He understood that Sir William Parkhurst had been appointed Bailiff in his place.

Prior to that the King issued an Order from Whitehall, dated 13 January 1624, to the justices of Jersey and to Sir John Peyton, in which it was stated that a Commission had been appointed to enquire into the charges against the late Bailiff, and, as long as his patent was in force, they were directed to pay him his pension and allowances.

On 23 February 1624 Sir John Peyton wrote to Secretary Conway that he “cannot wait upon him about the fees due to Mr Herault as he is lame and 79 years of age”, and that part of the fees had been paid to Sir William Parkhurst, "whom I have never seen", and that he had made six voyages between Jersey and England about Church discipline, that his salary was only 400 pounds a year, less than former governors, that he had sold land worth 400 pounds a year and was still 4,000 pounds in debt, and finally that he had nine grandchildren to provide for."

Arrears of wages

Hugh Lempriere, the Bailiff's Lieutenant, and four Justices stated that they had ordered Jean Maret and Jean Bisson, the King's Receivers in Jersey, to pay the arrears and wages of the Bailiff to John Durell, his Procureur, but Maret said he was willing to pay all arrears up to Midsummer 1621, but since then all moneys due had been paid to the Governor.

Herault was absent from the Island and the Lieut-Bailiff had died, so on 28 April 1624 Sir Philip de Carteret called attention to the unsatisfactory state of affairs. Sir John Peyton was directed to pay Herault his arrears of wages and fees, but he pointed out on 5 May 1624 that he had previously been ordered to pay them to the new Bailiff, Sir William Parkhurst, but evidently the secretary was not satisfied, for he, on 7 May, ordered Sir John to pay Mr Herault all wages and fees which he had not paid to Sir William Parkhurst and to continue the said payments until the decision of the Commission on the suspension of the Bailiff had been given. He intimated that the Commissioners had to enquire also into the reason for his " sequestration from office".

Evidently the tide was turning in the Bailiff's favour and on 18 August 1624 the council gave their decision :

"His Majesty finding no matter of charge against the Bailiff and holding it not suitable to remove an officer without sufficient cause is pleased that John Herault be restored to the office of Bailiff with all perquisites, and that the arrears due since his sequestration be forthwith paid to him."

But the Bailiff had great difficulty in getting his arrears of wages and fees paid. Maret and Bisson appealed to the King that they had already paid part of the fees to Sir William Parkhurst, but by order of 10 October 1624 the Receivers were ordered without further delay or subterfuges to pay the said pension and arrears, and to give pledges for their so doing.

So Herault, fully reinstated, returned to Jersey and was reintroduced into the Assembly of States by the Seigneur of Trinity, the Rector of St Helier and M de la Hague, amid the acclamation of the members. They were glad to see him back, notwithstanding his autocratic methods, for they realised that with him as Bailiff the laws of the Island would be upheld with justice. He was not afraid to assert the dignity of his office and when Mons de Rosel insulted the Chair, the Bailiff ordered him to be made prisoner and sent to the Castle until he confessed his error and asked for pardon.

But Herault did not live long to enjoy his victory for he died in 1626 at his home in St Saviour, very much respected by the people. He died a poor man and no monument has been erected to his memory. Very little is known about him personally except his fight against the tyranny of the military Governors, and the reputation he left behind as a just and good Bailiff.

He was well acquainted with the laws of the land, and even to this day some of the laws are very difficult to understand. The lawyers were not always very well educated and we hear of a petition of Sir Philip de Carteret to the Council calling attention to the legal confusion and ignorance which had arisen in the preparation of deeds by some of the lawyers practising in those days.

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