Relative disadvantages, 170931st August 2016
An Act of the Privy Council concerning jurats, defining a quorum. In 1709, so many of the jurats had had to stand down in a case concerning prizes awarded to the Marlborough privateer that none had been left to judge the case. They had been stood down because they were related to either the plaintiffs or the defendants. This transcription comes from a MS notebook, Lists of privateers and prizes, in the Library collection.
14 January 1709, in the presence of Monsieur the Lieutenant-Bailiff &c.
The following order was submitted and read out to the Court: it was then ordered that the contents should be registered verbatim, as follows:
[Original English text]
At the Court at St James
the 19 May 1709
Present: The Queen’s Most Excellent Majesty in Council
Upon reading this day at the Board a report from the Right Honourable the Lords of the Committee for the affairs of Guernzey and Jersey in the words following, viz.
Her Majesty having been pleased by her Order in Councill of the 19th of Aprill last to refer to this Committee the Humble petition of Lawrence Martin and John Saumarez of Guernsey Merchants relating to a cause depending before the Royal Court of that Island against Michael Falla and Daniel Naftel touching the disposall of two prizes taken by the Marlborough Privateer of that Island, wherein it so happened that so many of the Magistrates were recused as to leave only the Lieutenant Bailiff and one of the Jurats, whereby there was not a sufficient number left to hear and Determine the said Cause according to the Laws and Customs of that Island and there fore the same was transmitted to this Board.
Their Lordships this day taking the matter into consideration and having summoned the Lieutenant Bailiff and four of the Jurates of that Island who were in Town to consider of the most proper expedient in such cases that this might be no stop of Justice for the [suit[?]] do agree upon the whole matter humbly to report this opinion to Her Majesty: that not only in this but in all other causes where the partyes Recuse the Magistracy there shall be at least Three left to Judge the Cause and therefore if the recusations shall be like to lessen this number of three then the objections of Cousin Germains in such cases only shall not be a sufficient Recusation So that Justice may go on and the Cause come to a hearing to intitle the parties to appeal to her Majesty if they think fit. Butt where a full Quorum can be had unrecused than the formes and proceedings shall stand as before Her Majesty in her privy Councill approving the said Report was pleased to order as it is hereby accordingly ordered, that not only in the Cause aforementioned but in all others for the future where the parties recuse the magistracy there shall be at least three left to judge the cause and therefore of the recusations shall be like to lessen this number of three then the objections of Cousin Germains in such Case only shall not be a sufficient Recusation, so that Justice may go on and the Cause come to hearing to intitle the parties to appeal to her Majesty if they think fit, but where a full Quorum can be had unrecused then the forms and proceedings shall stand as before. Where of the Bailiff and Juratts of her Majesty’s Royall Court of Guernzey and all others whom it may concern are respectively to take notice of this her Majesty’s pleasure and governe themselves accordingly,
Signé John Povey
Extraits du Registres par Thomas Dobrée, Greffier, 1721.