Feudalism in the Channel Islands

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From the Middle Ages, the Channel Islands were administered according to a feudal system. Alongside the parishes of Jersey and Guernsey, the fief provided a basic framework for rural life; the system began with the Norman system and largely remained similar to it. Feudalism has retained a more prominent role in the Channel Islands than in the UK. The Channel Islands are remnants of the Duchy of Normandy and are held directly by the crown on a feudal basis as they are self-governing possessions of the British Crown.[1] This peculiarity underscores the deep-seated influence of feudalism in the Channel Islands; their allegiance isn't so much to England but rather directly to the monarch.

Significance

Addressing feudalism would necessitate a distinct kind of association with England. Historically, the fidelity of the local lords played a pivotal role in the Channel Islands' choice to remain under the English monarch. Central to this intricate relationship is the practice and importance of fiefs, deeply ingrained in Norman tradition.

In Normandy, and subsequently in the Channel Islands, fiefs were deemed of utmost significance, as eloquently described in the Coutume de Normandie (the legal customs of Normandy):

"Je ne sais pas quelles sont ces dignités qui peuvent être possédés sans fond ni glebe, et pour lesquelles on doit hommage et non relief, à la réserve de certaines sargenteries qui n'ont point de glebe. Ces fiefs en l'air sont fiefs impropres; proprie enim feudum in rebus soli constitit."[2]

transl. "I do not know what these dignities are that can be held without foundation or glebe, and for which homage is due and not relief, except for certain sargenteries that have no glebe. These floating fiefs are improper fiefs; for a proper fief rests on tangible assets."

The Coutume elucidates the divergence between Norman and English practices:

"(en Normandie) on n'en use pas comme en Angleterre, où les dignités des Ducs & Comtes ne sont pas attachées aux fiefs. Ce sont des dignités personnelles que le ROI donne à qui lui plaît, et tel s'appelle Duc & comte de Warwick, de Northumberland... mais même n'y a rien du tout."[2]

transl. "(In Normandy) they do not operate as they do in England, where the titles of Dukes & Counts aren't tethered to fiefs. These are personal titles bestowed by the KING at his discretion, and someone might be named Duke & Count of Warwick, Northumberland... yet they don't hold any tangible property."

This distinction rests upon the inherent value placed on possessing glebe (landed estates) in the Channel Islands. While firmly rooted in Norman traditions, it contrasts sharply with the English approach.

The Channel Islands' feudal tradition is commonly recognized as one of the unique characteristics that distinguish the islands and grants them a special status. As C. Northcote Parkinson once remarked: "Without its feudalism, Guernsey as a tourist resort would be little different from Bognor Regis."[3]

Difference with English manors

In Guernsey, the concept of a Seigneury or fief carries a significance that transcends the traditional English manor, largely due to the enduring application of Norman laws on the Channel Islands. These laws not only validate but also elevate the importance of these fiefs, making them more than mere historical relics. In the United Kingdom, the enfranchisement of lands has been a common practice, especially following the Copyhold Act of 1852, which allowed tenants to demand the conversion of copyhold lands into freeholds. This practice culminated in the Law of Property Act of 1922, which effectively extinguished all copyhold tenures, converting them into freeholds as of January 1, 1926. Contrastingly, in the Channel Islands, most feudal dues were transferred to the Crown and subsequently abolished. According to local law, while the rights to feudal dues have been transferred to Her Majesty and Her Royal Successors, the feudal relationships between the Seigneurs and the land remain intact. This means that Seigneurs in Guernsey still maintain a form of proprietary interest in the lands they oversee, which encompasses the preservation of land decorum. This enduring interest has been highlighted through recent legal actions. Notably, the Chefs Tenant du Fief de la Reine in Jersey took legal steps to prevent a local festival on communal land, invoking medieval land rights.[4] In another instance, a company holding a fief in Guernsey required the removal of wrecked cars from their property,[5] demonstrating the active enforcement of their rights. Additionally, hedge veg stall owners in Vazon were ordered to remove their stalls,[6] further evidencing the Seigneurs' influence over land use within their jurisdictions. The law explicitly states that individuals can continue to use the titles of 'Seigneur' or 'Dame' and that the feudal relationships between Her Majesty and any person holding an interest in a private fief are preserved. This effectively means that a form of feudalism continues to exist in Guernsey, albeit in a modernized context. [7] In essence, the Seigneuries in Guernsey are not just historical landmarks but living institutions, deeply rooted in the island's legal and cultural fabric, and they continue to have practical implications for land ownership and governance.

The Role of Seigneurs

David Le Feuvre highlights that the seigneurial system significantly shaped societal structures in Jersey and Guernsey.[8] He posits that seigneurs possess unique characteristics, resembling knights in their sworn duties to the king, and chieftains, because of the significant local influence they wielded. Notably, before the establishment of the Royal Court in Guernsey, justice was administered annually by the bailiff and four knights. Following separation from Normandy during King John's reign, the Court of Chief Pleas was created, comprising the Bailiff, 12 Jurats, and 10 Seigneurs in capite, representing the island's fiefs.[9] This dual role granted seigneurs considerable control over their lands and tenants, demanding not only feudal dues but also personal loyalty.

The 'Squirearchy' or seigneurial class has been paramount in the social hierarchy of Jersey and Guernsey for many centuries, and some of its members still participate annually in the Court of Chief Pleas in Guernsey and the Assize d'Heritage in Jersey. Seigneurs were (and are) commonly referred to by the names of their fiefs and considered (and still consider) themselves part of 'la Noblesse,' aligning with French traditions where nobility commenced at the 'Ecuyer' level, in contrast to the English system where it began with the Baron.[10] This perspective is also supported by contemporary legal analysis,[11] which reinforces the idea that manorial lords—and even more definitively, Norman Seigneurs—act as the living legacy of the original Norman nobility. Considering the Channel Islands as the last vestiges of the Duchy of Normandy, and given their autonomous status under the Crown, it follows that Seigneurs are regarded as the enduring nobility of this distinct legal and cultural entity. Seigneurs from the Channel Islands have consistently shown, and continue to show, a deep connection to Norman traditions and their unique heritage.[12] In 1966, the last reenactment of the Chevauchée de Saint Michel was financed by the Court of Seigneurs.[13] This identity influenced wider societal discourse, as demonstrated by Laurent Carey's mid-18th-century manuscript, a Jurat of the Royal Court. His work, featured in Duncan's Guernsey Magazine, underscores the seigneurs' strong conviction in their Norman ancestry and cultural distinctiveness.[14]

Democratic Diffusion of Influence

The allocation of one seigneur per fief, alongside numerous feudal courts—some still operational—underscores a unique judicial system dominated by Norman customary law. These courts, typically adjudicating via tenant juries, offered a community-based form of justice, devoid of the complexities and costs associated with modern legal frameworks. This local court and seigneur network fostered a democratic distribution of power, contrasting with the centralized governance of the United Kingdom. The seigneurial system streamlined civil affairs management and cultivated an educated, culturally significant elite. David Le Feuvre has pointed out that the comprehensive impact of this system on past society, with residual influences possibly persisting into the present, may not have been fully recognized[15]

Jersey

Main article: History of Jersey

In Jersey, the dues, services and rents owed by tenants were extensive and often onerous. Jersey peasants retained a degree of freedom lost elsewhere, probably due to the insignificance of the island in the Duchy of Normandy. More is known of the origins of the fief than of the parishes and early documents show that Jersey was thoroughly feudalised (the majority of the residents were tenants holding land from seigneurs). The fief of St Ouen, the most senior fief in Jersey's feudal structure, was by 1135 in the hands of the de Carteret family. They held extensive lands in Carteret as well, but these were lost by them after King John's loss of Normandy, so they decided to settle on the island. Between the 12th and 20th centuries, there were an estimated 245 fiefs in Jersey, though not all simultaneously.[16]: 13–14 

Feudal titles may be sold – for example, after passing through 19 generations of the same family, the Seigneur of the Fief ès Poingdestre sold his title to an American citizen in 2022 with the £55,000 proceeds going to charity.[17][18]

Feudalism and the right of the foreshore in Jersey

The ownership of the foreshore in Jersey, defined as the land stretching from high to low water marks, has historically been a complex legal matter, reflecting an interplay between ancient feudal rights and modern legal claims.[19]

A pivotal case, 'HM Receiver General v Selab Securities Ltd, 1985', highlights the challenges in determining such ownership. In this case, Selab Securities claimed the land up to the wall of the Fief de Samare's, asserting it was part of the original foreshore. However, the court settled this on a preliminary point regarding prescription, avoiding a definitive ruling on ownership.

The controversy escalated with the Foreshore of the Fief de la Fosse in the 1990s and early 2000s. Les Pas Holdings Ltd, having obtained the Seigneur's rights in 1986, contested the Crown's claims. The dispute culminated in a notable settlement in 2003, wherein Les Pas Holdings agreed to relinquish their claim in favor of the Crown for a sum, leading to the development of the Castle Quay by Dandara, financed by a £10 million transaction.[20]

In the instance of the Fief de Samare's, when the Seigneur passed without an heir, the property defaulted to the Seigneur of the Fief de Samares. The foreshore in question, previously granted to the Girl Guides in 1985, thus remained under the control of the seigneurial estate, not the Crown.

These three cases' inclusion in a 2019 parliamentary report underscores their continuing relevance and the ongoing debate over the ownership of Jersey's foreshore. They illustrate the enduring nature of feudal rights amid modern governance and serve as a poignant reminder of the Channel Islands' unique legal landscape[21]

Guernsey

Main article: Fief § The fiefs of Guernsey

Guernsey still has feudal law and legal fiefs in existence. Each fief has a seigneur and/or dame that owns the fief. The Guernsey fiefs and seigneurs have long existed before baronies and are part of Normandy. While nobility has been outlawed in France and Germany, noble fiefs still exist by law in Guernsey. The owners of the fiefs convene each year at the Court of Chief Pleas under the supervision of His Majesty's Government (the owners of private fiefs convening at Chief Pleas are called "Secular Seigneurs" or "temporal Lords".[22] The term 'Temporal Lord' used for participants in the Chief Pleas echoes that applied to members of the United Kingdom's House of Lords. This nomenclature indicates a shared historical foundation in the 'Curia Regis'—the royal councils of the UK and of Normandy, which subsequently included the Channel Islands. The feudal system allowed for lords to participate in these councils,[23] and over time, the systems in the Channel Islands developed independently. Presently, the title of 'Spiritual Lord' is obsolete within the Chief Pleas, as ecclesiastical fiefs have been assumed by the Crown. There are approximately 24 private fiefs in Guernsey that are registered directly with The Crown.

Feudal Cadastre Map in Guernsey

The Land Registry, through the States of Guernsey Cadastre online platform, maintains a map of feudal estates[24]

Phasing out of feudal dues and uphold of the feudal relationships

Feudal dues were historical levies imposed by the seigneurs and dames on properties within their jurisdictions. In Guernsey, these dues persisted until the late 20th century, adding substantial amounts to local conveyancing costs. Although several of these dues, such as poulage (once two fowls, later valued at 37 pence),[25] were often seen as quaint remnants of the past, the one that stirred the most contention was the treizieme. Also known as congé, this charge was imposed by the seigneur on any property sale within his fief, essentially as a fee for his permission to buy the property. Historically, it represented a thirteenth of the sale price, but in Guernsey, it had been 2% for about a century.

As reported by an article of "The Financial Times", over time, especially post-World War II with inflation and Guernsey's rising appeal as a tax refuge, the value and implications of these dues became more significant. The revenues from congé saw a marked increase from £6,000 in 1960 to £100,000 by 1976, benefitting the island's private fief-holders. Efforts to abolish these dues started in earnest around 1969, driven by the financial pressures they placed on locals, especially with rising property prices.

By 1977, local parliamentarians had attempted to abolish all feudal dues, offering a lump-sum compensation to fief-holders. However, the largest fief-holder in Guernsey is the Monarch, whose revenues from Elizabeth II's fiefs were returned to the Island government for specific purposes. While she signalled no objection to the abolishment of these dues, the practical implications would mean a significant loss in revenue for the island government.

Tensions heightened as private seigneurs felt undercompensated. A noteworthy intervention came in the form of a petition to the Privy Council in 1977, where seigneurs and dames contended that the proposed legislation amounted to expropriation of their hereditary rights. A visit by the Queen and Prince Philip to Guernsey around this time further spotlighted the issue.

The deadlock persisted until an agreement was reached, primarily through the efforts of prominent figures like Cecil de Sausmarez, Guernsey's senior seigneur, and Mr. Peter Dorey, Guernsey's former 'chancellor'. The consensus was that feudal dues would remain but be payable to the Crown, effectively rerouting the money to the island government. As a compromise, seigneurs and dames would receive a portion of the congé collected on their fiefs for the first five years, tax-free.

The overall shift signalled a phasing out of private feudal dues in Guernsey. The local government would now collect the dues, a change that reportedly seemed more palatable to the island's residents compared to the earlier system.[26]

Further Modifications in 2002

The law was still modified in 2002.[27]

While the law of 2002 moved to abolish the monetary aspect of day-to-day transactions, it explicitly maintained several key components of the traditional feudal structure:

Feudal Relationships: The law upholds the feudal relationship and all associated rights and obligations:

Between Her Majesty (the Queen) and any individual with an interest in a fief. Between an individual with an interest in a fief and another person with an interest in a dependency of that fief. Customary Law on Fief Transactions: As it stood before the new regulations:

The customary law continues to dictate the granting, obtaining, and attesting of necessary consents or permissions for fief transactions. Rules within the customary law regarding the payment of fees or dues remain valid. These stipulations emphasize the continued relevance of certain feudal customs and structures, especially in dealings with the Crown, even as broader reforms to the feudal system are made.

Cultural and legal Recognition of fiefs

Despite the abolition of feudal duties, the recognition of fiefs remains significant both legally and culturally in Guernsey, as exemplified by the Royal Court of Chief Pleas, and neighboring Jersey, as exemplified by the Assize d'Heritage. The Bailiwick of Guernsey has a distinct Norman heritage and legal system which sets it apart from the legal system of the United Kingdom. This Norman framework is confirmed by the presence of an independent Royal fief in the Bailiwick, namely that of Sark.[28]

Sark

Main article: Seigneur of Sark

The tiny island of Sark was arguably the last feudal state in Europe which ended after 450 years in 2008. The island was a fiefdom of Guernsey and administered independently by a Seigneur, who was a vassal to the land's owner, the Monarchy of the United Kingdom. Sark's ruling body voted on 4 October 2006 to replace the remaining tenement seats in Chief Pleas with a fully-elected democratic government, which was implemented on 9 April 2008.[29][30] About Feudal dues, in 2006 the seigneur of Sark agreed relinquished the ancient right of treizieme in exchange for an index-linked payment of £28,000 a year.[31]

See also

References

  1. ^ "The Crown Dependencies". Royal.uk. Retrieved 27 August 2023.
  2. ^ a b Basnage. "Commentaires sur le Coutume de Normandie, page 238" (PDF). Institute of Law Guernsey. Retrieved 12 August 2023.
  3. ^ "Last stand for island's feudal lords". Coventry Evening Telegraph. 9 January 1969. Retrieved 12 August 2023.
  4. ^ "Family festival falls foul of medieval land rights". Jersey Evening Post. 14 January 2017.
  5. ^ "A company holding a fief asks for wreck cars to be removed". BBC News. 10 August 2009.
  6. ^ "Vazon hedge veg stall owners told to remove them". Guernsey Press. 4 March 2016.
  7. ^ "Projet de Loi - Feudal Dues".
  8. ^ Le Feuvre, David. "Jersey: Not quite British - The structure of society". 1993. The Island Wiki
  9. ^ Tupper, Ferdinand Brock. "The History of Guernsey and Its Bailiwick: With Occasional Notices of Jersey." [1]
  10. ^ Rybot, N.V.L. "Social Life in Jersey in the early 17th century." Bull. Annuel de la Société Jersiaise, 1941 XIV (2), pp. 76 ff. Priaulx Library
  11. ^ https://freiherrvonquast.wordpress.com/2017/02/08/advice-on-buying-manorial-lordships/
  12. ^ https://guernseypress.com/news/2023/03/29/sausmarez-manor-seigneur-remains-upbeat-about-season/ | "Sausmarez Manor seigneur remains upbeat about season"
  13. ^ https://britishnewspaperarchive.co.uk/search/results?basicsearch=chevauchee%20saint%20michel&retrievecountrycounts=false
  14. ^ "Carved Chests of the Channel Islands," Priaulx Library. [2]
  15. ^ Le Feuvre, David. "Jersey: Not quite British - The structure of society". 1993. The Island Wiki
  16. ^ Kelleher, John D. (1991). The rural community in nineteenth century Jersey (Thesis). S.l.: typescript.
  17. ^ "Jersey Seigneur sells his ancient feudal title – and it could be yours (if you have £25,000)". Jersey Evening Post. 17 November 2022. Retrieved 9 August 2023.
  18. ^ "Meet Jersey's new Seigneur – who comes from Colorado". Jersey Evening Post. 20 March 2023. Retrieved 9 August 2023.
  19. ^ "Jersey & Guernsey Law Review – June 2008 THE CUSTOMARY LAW IN RELATION TO THE FORESHORE" (PDF).
  20. ^ "Jersey Law Review - October 2006".
  21. ^ "Submission – Julian Mallinson (Initial)" (PDF).
  22. ^ Jonathan Duncan (8 March 2024). The History of Guernsey: With Occasional Notices of Jersey, Alderney, and Sark, and Biographical Sketches. p. 445.
  23. ^ "Norman Institutions" (PDF). McMaster University. Retrieved 7 March 2024.
  24. ^ States of Guernsey Cadastre. (2023). Cadastre Online. [online] Available at: https://cadastreonline.digimap.gg/ [Accessed 11 Feb. 2023].
  25. ^ "Seigneur: owner or gold-digger?". Guernsey Press. 15 July 2009. Retrieved 22 August 2023.
  26. ^ "Battle of the feudal levies". The Financial Times.
  27. ^ "Feudal Dues (General Abolition of Conge) (Guernsey) Law, 2002". Guernsey Legal Resources.
  28. ^ Guernsey Legal Resources. (2023). Feudal Duties (Guernsey) Act, 1980. [online] Available at: https://www.guernseylegalresources.gg/CHttpHandler.ashx?documentid=56384 [Accessed 11 Feb. 2023].
  29. ^ Ewen, A. H.; Carteret, Allan R. de (1969). The Fief of Sark. Guernsey: Guernsey Press.
  30. ^ "Lost world: the last days of feudal Sark". The Independent. 14 October 2006. Retrieved 7 August 2023.
  31. ^ "Seigneur gives up right to treizieme". Guernsey Press. 28 December 2006. Retrieved 16 January 2024.
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