several hands, he may have to seek, in different places, for his paymasters, except in respect of rente fonciere.

Rents are considered as real and not as personal property. There is a difference in the rents.

One sort is called rente fonciere: this cannot be redeemed, except by consent of parties; but must remain a charge on the estate, or house, on the security of which it was raised. The other is called rente assignable, or rente crée, which is redeemable at any time. Rente assignable becomes rente fonciere, after having been paid on the same estate for the space of forty years.

In every parish is an annual meeting, called la venduë du froment; at which meeting the rents of le tresor de l'Eglise, and of la charité, are put up to the highest bidder. The purchaser, who is called le tresorier, then fixes the price, in money, at which he will receive the rents, due from the several tenants of these establishments, unless any prefer paying in kind. The king's receivers, and also the seigneurs, for their rents, called rentes seigneuriales, have the same privilege as the tresorier.

A quarter of rente fonciere is, by law, fixed at twentyone livres twelve sols; and of rente assignable, at twenty livres, or sixteen shillings and eight pence sterling. Supposing therefore an estate to be valued at 10,000 li vres, the annual interest of this sum, at five per cent, be

ing 500 livres, the estate is said to be worth twenty-five quarters. in the purchase of landed estates, or of houses, there is generally only one fourth part of the amount paid down; the other three fourth parts remain as rents.

One very unusual and humane regulation is, that bastards become legitimate offsprings in law, if the parents afterwards intermarry and acknowledge them, and provided that the parties were unmarried at the birth of such child, or children: so that the innocent children do not suffer from parental guilt: but it remains an undecided question, whether a son so previously produced, would inherit in preference to one born subsequently to the marriage.

In Normandy, from whence this custom arose, the legitimacy of such children is admitted by the church, but not by the laws; though, frequently, from a traditionary belief, or from the indulgence of relatives, they are permitted to inherit.*

The foregoing sketch of the jurisprudence of Jersey, has, in several points of view, a very patriarchal aspect; and the laws and regulations are evidently calculated for a small community.†

• See Note (UU).

+ Several of the laws and customs, in the Isle of Man, are similar to those in Jersey.

FF

The humane principle of these laws is, however, sometimes productive of inconvenience; and, occasionally, operates in a manner opposite to its original intention: a case which actually happened will exemplify this. A sued B for a debt. C caused the action to be discontinued, by promising, in the presence of D, to pay the amount. Some time after, A claimed payment. C demurred, and pretended that his words did not involve a promise. A had then two ways of proceeding: he might have obliged C to declare, upon oath, whether he actually did, or did not, give a specific promise; or he might have summoned D, to prove the obligation: the latter was however related to C, and therefore informed A, that his evidence would not be admitted. Thus did the law assume, in one sense, the power of a court of chancery, by compeling C to a declaration, upon oath, and, in a civil light, to criminate himself; while, on the other hand, A was deprived of D's evidence, on a principle directly contrary to that on which, a priori, the disqualification originated. D's evidence was to be suppressed, because, from affinity, he might have been partial to C, whereas the suppression operated, in the present case, completely in C's favour, by depriving A of his only witness. It is however probable, that, under the circumstances of the case, the court would have overruled this forensic objection.

FEODAL TENURES, &c.

Feudal vassalage prevailed, formerly, in an extensive and humiliating degree in Jersey. The present enlight ened state of mankind has considerably ameliorated its effects, and, in many oppressive circumstances, annihilated the power: some remains however still exist in the island.* The extent of these are now clearly defined, and they may all be commuted for specific sums of

money.

There are, in Jersey, many fiefs or manors, that have, at various times, been granted by the crown, and that are held under different tenures. The most honourable are those en haubert, or held by knight's service. There are now five of this description. They are those of St. Ouen, Rosel, Samarés, Trinity, and Meleches.

We shall present our readers with a translation from the extent of Edward the third, A. D. 1331, respecting two of them, as nearly specimens of all.

"St. Ouen's parish.-Reynold de Carteret holds, in "the said parish, the manor of St. Ouen, with its apper

The present Seigneur de Rosel, whose ancestors had retained many of these onerous rights, has lately permitted all the tenants, that hold under his fiefs, to purchase their emancipation.

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tenances, by homage, suit of court,* and relief; the "value of which relief, when the case occurs, is nine li"vres tournois; and for services, that he is bound to

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serve our lord the king, in time of war, in the said island, at the castle of Goureie, at his own expenses "and costs, for the space of two parts of forty days,‡ "himself one of the three,§ with horses and armour."

"St. Martin's Parish.-William de Barentin, nephew "and heir of Sir Drago de Barentin, knight, holds the "manor of Rosel, with its appertenances, and the fief of "Rosel, by homage: and the said fief owes sixty sols,

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one denier, of relief, when the case occurs. And "should our lord the king come into the said island, the "said William is himself bound, for the said fief, to meet "our lord the king, on his horse, on his arrival, in the

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sea, up to the girths of his horse: and, in the same "manner, to conduct him, on his departure. And while

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our said lord the king shall remain in the said island, "the said William is to be the king's butler, on account "of the said fief, and is to have the usual emoluments be

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longing to the king's butler; and owes attendance at

* This means attendance at the court of heritage, at particular stated times. This is like some of the fines in copyhold tenures.

(i. e.) The two third parts of forty days.

Probably there were three that attended in this manner.