Farmer ,Bailly Of Sark

The career of Edouard de Carteret

(1521? - 1601)

Viscount Attorney and prosecutor of Jersey and Baillif of Serk

by R. R. LEMPRIERE as transalated by Madame Denise Bona

Among the historical important persons of the old age, who passed through the stage of our insular life, sure, the career of Edouard de Carteret, illegitimate son of Helier de Carteret, is the most remarkable (noteworthy) and the most piquant, as we can known, reading authentical documents. His father was bailliff of jersey (1513-1561), with spaces of time, when he supported his law- suit (law-action) against Sir Hugh Vaughan before the Star Chamber. This law-suit dragged on for twelve years, finished in 1529, so the bailliff had to stay a long time in England. This Court of justice was presided over by the powerful Cardinal Wolsey, who, apparently, did not favour the baillif, so the action started again at every session.

The author of the jersey chronicles told, with a striking manner, the story of the famous quarrel between the baillif and the govenor, in a session of the Royal Court. he described also, the eminent personality of the baillif Helier. Dexterous in archery and arquebuse, he thought up a scheme to shoot five or six Bolts one after another one. The King Herny VIII tested this earlier (primitive) machine-gun and thanks to this invention, the baillif won the favour of his sovereign, who bestowed the lordship of St Germian. * (*The said baillif had found an invention: to shoot with his arquebuse, five or six bullets, one after another one, all, with the same weight and strength, to different marks). We can be proud that one of our baillifs had carried out a such murderous fire-arm.

The favour of the King did not move forward the audience of the law-suit against the governor. The chronicler suggested that the Cardinal Wolsey was bribed by presents 500 Gallons of wine offered by Vaughan. Destitute (without means), one day, at the audience at the Star Chamber, the baillif defied the Cardinal and asked for justice gives his due. “You ask for justice” answered the Cardinal, if you got your due, you would be punished as a manwho has done many damage to his country.” “Sir, answered the baillif if I was like you say, of course, I deserved to be punished, but you do grievance for one thing you could not verify.” The Cardinal got up furious, threatening to send the baillif to the Fleet Jail”. However, the Cardinal, perhalps struck (amazed) by the frankness of the baillif moved to pity (touched) and promised that at the next session, his cause would be debated at the first. When the great day happened, the baillif won his case.

The chroniclers history account, as we had try to relate the main outlines, depict very well, with simple but rigorous words, the energetic disposition, even better rash and bold of Helier de Carteret. In fact, his character is told further, with the same pen. “He was debonair (kind), had pity, kind heart, and good sense. He liked very much foreign people and received them with pleasure, liberally at his home. He did good justice, giving the due at everybody.....He was a very merry man, wise and prudent, so he inspired awe and be loved by everybody in all his affairs. He had a word. often said: By St John (it was his swear word), one would see me dead, and so after that would scratch my body out of earth with his hands and nails, to keep me alive, if it’s was possible.” that was right, as we saw by experience, long ago after. At eighty years old, he travelled in England, with Hugh Pawlet, the governor of the island. They left Jersey on October 14th 1560, getting to Lyme Regis the next day. Then they rode to Pawlet’s home at George Hampton (Hinton St George). After that, the baillif went to the brother of his wife and stayed with him, during Christmas holidays. Then, he came back to Pawlet’s home, in London. Here he fell sick and died. He was buried at St James on February 16th 1560-1561, according to the published records (register) by the “Harleian Society”.

Such was the father of the famous Edouard de Carteret, one of the most efficient and viril baillif, that we have known in our island. Certainly, it’s during one of these long stays in England, that was born his natural son: Edouard. Surely, it’s very unusual, that after so long a time, like four centuries, the historian can possess such positive proof of an incident not very often recorded and soon quickly lost forever.

In 1565, the Queen Elisabeth gave by licence, the lordship of Serk, scarcely uninhabited, to Helier de Carteret, Lord of St Ouen and nephew of the baillif Helier de Carteret. He tried to colonise it and settled forty families from jersey. In 1590, Serk counted four hundred living persons. The first clergyman of this young colony, settled by the Lord, was Mr Cosme Brevint, one of the refugees at Jersey during the religous wars. he died at Serk in 1605 and his son, Reverend Elie Brevint, born at Serk about 1587, suceeded him, some years after. he stayed minister of the isle of 1612 to 1674. Elie Brevint left a handwriten newspaprer (diary?) of 1613 to 1644, telling old stories of before (prior). The original one form which many a transcription was done, is in the ownership of the Lord of Serk. It’s not really a diary, done day after day, we find many proverks sayings, witticisms and memoirs on some families of the island.

In the third volume, of that diary, at the paragraph 268, we find this: “The old Edouard, said Edouard de Carteret, was the son of an English young lady, with who, H. de Carteret, baillif put to bed, one night, he ought to marry her the next day. But, he left her riding his horse, early in the morning, to marry another one, in another country of England. This last lady came with him at jersey, she stayed at Hendoys. * (*Her name was Jehanne Colles, she married, in a second time, Robert Courtney from Devon). The first lady sent him the said Edouard, when he was weaned and resented, she did not want to be married and died early after that.”

Handois, in the parish of St Laurens, was the manor and home of the baillif Helier de carteret. In the paragraph 126, Brevint says: “The son of Helier de Carteret, baillif called Hiou, sold Handoys to Helier de Carteret of St Ouen as he didn’t want to live in Jersey”.

Edouard de carteret, bastard, acknowledged by his father, was born in 1519. Surely, he got a good breeding, but we don’t know anything about him before the year 1540. A record of the Court of Catel, this year, is developed like that: “laurens Hamptonne said to John de Carteret, that the inhabitants of the isle of Jersey were deceived, if Edouard de Carteret, bastard, is not the bastard son of the bailli, as he was viscount in the old time, and in the past time, he wanted to be called like that, using like a viscount. The said Hamptonne said that, he held one’s own, and he wantedto be heard in the Court of Justice.”

This record shows that Edouard de Carteret was Viscount sometime before 1540, but his oath is not found in the Court Rolls. He was came on age probably in 1539, and it is at that moment, his father would nominate him Viscout by the governor, or his lieutenant, in order to warrant him as position. * (*In spite of the council order of June 17th 1495, which reserved this nomination to the officers of the Crown, often, governors did this office (responsibility).

A record of the Court on Saturday 6th 1551, tells us that Edouard de carteret was barrister of the King. he was nominated instead Phillippe Lempriere who became judge. In 1554, he is noticed in our rolls like KIng prosecutor.

When Helier de Cartere died, the General Prosecutor, Hostes Nicolle, Lord of Longueville was nominated baillif by Sir Hugh Pawlet and at the same time, on the mean letter, the governor nominated Edouard de Carteret at the office of General Prosecutor. At a session of the States on March 8th 1560-1561, these new civil servants sweared an usually oath.

Now, we have to retrace one’s steps. During his youth, Edouard de Carteret had got snags (problems) with the island authorities and also with the English Court of Justice: “Star Chamber”. On April 1540, the famous law-suit begun at the Royal Court, rather a succession of law-suits, that hit the reputationof the young man. By a record of the Court of Catel, on April 24th 1540, we learn that “Thomas Lempriere, George de Carteret and Richard de Carteret proceed against him , each other and every for all, as regards the cause of Nycollas Journeaux, of the widow of Symon Sarre and John Michiel too, against the said parties and the King Prosecutor.”

The documents of the law-suit, in the SDtar Chamber are printed “in Extenso” in appendixes. There we shall find (p 222). the reply od Edouard de Carteret. He gives the explanation of the record of the Court of catel, we have noticed before... We shall seethat on April 5th 1540, Edouard de Carteret brought before the Royal Court to answer for the accusations against him and as he had nobody to vouchfor him he went again to jail at the Castel Mont Orgueil, where he stayed until April 24th.” He said he had no pledge or suertye but his soule and other suertye he would find none.” (p230) Naturally, the Court considered that his soul was insufficient and preferred to possess his body. Finally got back by best feelings, Edouard gave the pledges said and regained his freedom.

On June 16th 1540, a legal document of the Court prescribed: “The Viscount (Jean Payn) shall give to John Sarre, guardian of the children of Michael Sarre, all properties (possessions) and inheritance that Nichel sarre left and to mean at the widow of Michel sarre, not prevent the said possession and to keep out the main house until she knows, if she have a dower or not.”

michel sarre, we are telling about, lived at St jean in the house named (called): the manor of St Jean’s House * (* we have not to mix up the “St Jean’s House” of Michel Sarre located on the road from St Jean to Ste Marie, and the Manor of St Jean la Hougue Boete. The first was the inheritance of the rich Simon Sarre, father of Michel; the second was formerly the property of the Lempriere (line of the Bailiff Thomas lempriere see the notices on the lempriere of St Jean, Bull Soc Jer vol V p40) Here he died on the beginning of Lent 1540. Edouard de Carteret married his widow Margueritede Carteret ( daughter of edouard de Carteret, Lord of St Ouen*) just fifteen days after the death of her husband. (*Edouard de Carteret, Lord of St Ouen, was the elder brother of the Bailiff Helier de carteret). The parents of Michel sarre indicted Edouard to be the cause of the death. In fact, the same day, June 16th 1540, another document of the Court is written like this (in these words): “Edouard de Carteret says and confess that Sir Phillipe l’Hermite, priest, married them, the said widow of the said Michel sarre and him, in the Chapel of Layc.” his statement (declaration) is confirmaed by a statement replying to the interrogations (examinations). (Star Chamber proceeding p226), where he says “That he married the said marguerite Sarre, wife of the said Michel Sarre about fifteen days after the death of the said Michel, she being his disponents uncle’s daughter. And saith that he married her about Shrovetyde next coming shall be two years”. *(Margaret was certainly older than Edouard de Carteret of ten years. The honeymoon was really very short, for Edouard went to jail on April 5th).

A third document of the Court on the same date (June 16th 1540) tells that “Edouard de Carteret is sent to jail and under the guard of the viscount in act up to (agreement) the order of the King, our Lord Sovereign dated at Westminster on April 27th year XXXII of the reign of our Lord Sovereign the King Henry VIIIth” * (*Court of Saturday, book I. The Court settled at St Saveur, in the presence of the Lieutenant of the Captain).

This decision was obtained from the English Chancery, by laurens hamptonne on behalf of katherine Sarre, mother of Michel Sarre (Star Chamber proceedings p227). We shall see in the reply of Edouard de carteret (Idem p 223), how the viscount put under arrest him at about midnight, this same day and brought him to Castle Mont orgueil. “In safe custody or not”, Edouard contrived (make shift to) to escape, how it is noticed on a document of the Court on July 5th 1540.

“As regards of justice, the complants of Edouard, will do justice, tomorrow, by instance of the Prosecutor of the King (John Nicolle Lord of Longueville), or in case of default, standed surety for the said Edouard escaped from the King’s jails, where was put his body.”

his place, in front of the justice, became more and more confused (bothersome). Naturally, his guaranties did not take place and the next day, on July 6th 1540, another document of the Court is settled by what his capture is award against the runway and defence is orderedto the inhabitants to give assylum to him.

Here is the document:

“By some threats which Nicollas Journeaux (one of the judges of the Court) says that he was forewarned that the bastard, Edouard de carteret, escaped out of the Kings jail, and last Sunday, in the house of JohnLegros of La Trinite, there the said Edouard said by threats, that he would wardn soon, (literal translation, I think, he would say:to kill), some people of the isle. The reason why, the viscount Sergeant of Justicemust go on this place, enquire and do a report of justice. It is ordered by justice, on request of george de Carteret, prosecutor, according to this isle, if they see him, will give back him to justice, if it’s possible; nobody stand by him, day or noght, give him advice, comfort assistance (help), food or drink, otherwise punishment appropriate”.

The job (task) prescribed to the Viscount was not one of the most attractive for he had to do with a determined (resolute) man. The fact is that Edouard was indicted for the cause of Michel Sarres death. The same day, he was sent to the castle (June 16th), Edouard Sarre, the elder son of Michel sarre, his brother Anthoine and John Sarre, guardian of the said children, appeared before the Court, for support the indictment.

Come after, the statements kept as record of the Court:

“The said Edouard Sarre having sweared on the Holy Gospels, says and testifies that, when he saw his father, on his death bed, his father said to him, that Edouard de Carteret, the bastard had so beaten him up and mutilated him, that he was the cause of his own death. And ask for he hunts down him for death. (He said to his son to kill Edouard). On another occasion, when he wanted to see him he found him locked, stark naked, in his bedrrom (just with a skirt) It was very cold, wind and snow, he was bruised and bloody. He saw many a time Edouard de Carteret, bastard, beating and mutilate him too”.

“John Sarre, brother of Michel Sarre swore on the Holy Gospel, gives evidence that he believes in all conscience that the said Edouard Sarre have made a good statement. Himself, he knows and was present and saw that said Michel locked in his bedroom, in the conditions and manner said by the child. And that the lock of the bedroom was fixed (fasten) by a rope tethered at a beam outside”.

It is advisable to say, facing serios allegations, that Edouard de Carteret opposed an absolute denial (Star Chamber proceeding p226)

We don’t know if the Viscount found Edouard at la Trnite. In one of his dispositions, he says that he took refuge in St Pierre’ Church. (Star Chamber Proc 226). The fact remains that he was taken back to jail at Mont Orgueil, where he was a prisoner, “three quarters of a year” as he said in his statements. (Star Chamber Proc p223). Probably irritated by his behaviour, he succeeded in turning upside down the position. On July 24th 1541, by complaint, a Royal warrant was sent to Henry Cornih, Captain, to the judge and to the viscount having the result (effect) that laurens Hamptonne, John Michel, John Sarre and Katherine sarre would give guarantee of their good behaviour toward Edouard, if not, would be incarcarated in the Royal Jail, said Busegros at Mont Orgueil (This document is printed at the appendix 2.) Finally, about the beginning of October 1541, as a result of some petitions sent at the English Chancery, as much, by himself and also by his opponents, an order was done to him: to bring before the Royal Court the day after All Sants day. This order was produced by Laurens Hamptonne, on the strength of the following record:

“Laurens Hamptonne has produced in front of justice, one order to Edouard de Carteret dated at Westmionster on the 10th day of September, the 33rd year of reign of our feared sovereign King, to bring before (crastino animarum) our King and his discret Council.”

In 1542, the law-suit began before the Council, Edouard de Carteret, his opponents and witnesses, for prosecution, go to England, where the interrogations are written and the statements taken.

But before leaving Jersey Edouard had contrived to bring a civil action before the Royal Court against John Sarre, formerely guardian of the children of Michel Sarre, concerning a horse. Some details of this law-suit are in the record of the Saturday Court on December 5th 1541.

It seems that John Sarre, as guardian, had given a bay horse to Edouard de Carteret for partial payment of the dower of marguerite Sarre, widow of Michel sarre, who married her. Edouard complained about the theft of this horse and that he found it in the field of Sir Guillaume Gallie, priest. This one asserted, he brought a horse whose hair was a blend of white, grey and bay to Phillipe Lempriere. The latter asserted the priests declaration and added his wife (Marie Sarre, daughter of Simon and sister of Michel, widow, in the first wedding of Edouard de Carteret, Lord of St Ouen and mother of Helier de carteret, Lord of St Ouen and Serk), got his horse off the wife of John Michel. At her turn the wife of John Michel corroborated this but during her desposition she asked Edouard de carteret if he killed Michel Sarre to get his grassland (pasture). Edouard asked for the Courts protection. The Bailiff, Helier de Carteret (father of Edouard) who presided over the Court, opt out to go on to sit” he feared to be suspect” and the Lieutenant of the Captain (Henry Cornish) was about to ask for the lady withdrawed for the insult, but she was convict for a fine.