Editing Politics of Jersey (section)

=== Establishment of self-government ===

It is said, in tradition, that the island's autonomy derives from the ''Constitutions of King John'', however this is disputed. Until King [[James II of England|James II]], successive English monarchs have then granted to Jersey by charter its certain privileges, likely to ensure the island's continued loyalty, accounting for its advantageous position at the boundary of the European continent.<ref name=":36"/>{{Rp|25}} As John (and later [[Henry III of England|Henry III]]) maintained his claim to the title as the rightful Duke of Normandy until 1259, the island's courts were originally established as Norman, not English territory (to use English law would de-legitimise the English Crown's claim to the ducal title), so are based upon traditional Norman laws and customs, such as the ''Coutumier de Normandie''.<ref name=":74">{{Cite book |last=Platt |first=Colin |url=http://worldcat.org/oclc/705959744 |title=A concise history of Jersey : a new perspective |date=2009 |publisher=Societe Jersiaise |isbn=978-0-901897-46-6 |oclc=705959744}}</ref> Legislative power was vested in 12 jurats, the twelve "senior men" of the island. Along with the Bailiff, they would form the Royal Court, which determined all civil and criminal causes (except treason).<ref name=":12">{{Cite web |title=History of the States Assembly |url=https://statesassembly.gov.je/about/history/Pages/StatesAssemblyHistory.aspx |access-date=2021-01-20 |website=statesassembly.gov.je |archive-date=22 January 2021 |archive-url=https://web.archive.org/web/20210122041934/https://statesassembly.gov.je/about/history/Pages/StatesAssemblyHistory.aspx |url-status=live }}</ref>

Most lords forfeited their insular land in favour of their French territory, but some remained, notably the de Carteret family of St Ouen.<ref name=":74"/> The old aristocracy gave way to a new one, with landowners drawn from royal officials, who soon came to think of themselves as islanders rather than Englishmen. This saw the firm establishment of the feudal system in Jersey, with fiefs headed by Seigneurs.<ref name="BHJ24"/><sup>:30</sup> In the [[Treaty of Paris (1259)]], the King of France gave up claim to the Channel Islands. The claim was based upon his position as feudal overlord of the Duke of Normandy. The King of England gave up claim to mainland Normandy and therefore the Channel Islands were split from the rest of Normandy. The Channel Islands were never absorbed into the Kingdom of England and the island has had self-government since.<ref name=":36"/> In medieval times, the island was treated as a possession of the King by the English government, rather than part of the English state.<ref name=":222"/>

The administration of the island was handled by an insular government. The King appointed a Warden (later "Capitain" or "Governor", now the [[Lieutenant Governor of Jersey|Lieutenant-Governor of Jersey]]), a position largely occupied with the defence of the island. From 1415 until the second half of the 15th century, the islands were governed by a Lord (or Lady).<ref name=":36"/>{{Rp|25}}

The existing Norman customs and laws were allowed to continue and there was no attempt to introduce English law. The formerly split administrative system was replaced with a centralised legal system, of which the head was the King of England rather than the Duke of Normandy. The law was conducted through 12 jurats, constables ({{Lang|fr|Connétable}}) and a bailiff ({{Lang|fr|Baillé}}). These titles have different meanings and duties to those in England.<ref name="BHJ24"/>{{rp|27–8}} Any oppression by a bailiff or a warden was to be resolved locally or failing that, by appeal to the King who appointed commissioners to report on disputes.{{Citation needed|date=March 2022}} In the late 1270s, Jersey was given its own Bailiff and from the 1290s, the duties of Bailiff and Warden were separated. The (Sub-)Warden became responsible for taxation and defence, while the Bailiff became responsible for justice. While probably originally a temporary arrangement by Otto de Grandison, this became permanent and the foundation for Jersey's modern separation of Crown and justice. It also lessened the Warden's authority relative to the Bailiff, who had much more interaction with the community.<ref name=":74"/>

The role of the jurats when the King's court was mobile would have been preparatory work for the visit of the [[Justice in eyre|Justices in Eyre]]. It is unknown for how long the position of the jurats has existed, with some claiming the position dates to [[time immemorial]]. After the cessation of the visits of the Justices in Eyre (and with the frequent absence of the Warden), the Bailiff and jurats took on a much wider role, from jury to justice.<ref name="BHJ24"/><sup>:28</sup>

In 1341, in recognition of islanders' efforts during the war, [[King Edward III]] declared that Jerseymen should 'hold and retain all privileges, liberties, immunities and customs granted by our forebares'. This began the tradition of successive monarchs devolving powers over the island to Islanders, giving them certain privileges and protecting the separation between the Channel Islands and the rest of their royal realm.<ref name=":74"/>

In 1462, the occupying French Governor de Brézé issued ordinances outlining the role of the Bailiff and the Jurats.<ref name="RL2"/>{{Rp|page=38}} It may well be during this occupation that the island saw the establishment of the States. Comte Maulevrier, who had led the invasion of the island, ordered the holding of an Assize in the island. Maulevrier confirmed the place of existing institutions, however created the requirement for Jurats to be chosen by Bailiffs, Jurats, Rectors and Constables.<ref>{{Cite web |last=Bisson |first=Mike |title=Constitution - theislandwiki |url=https://www.theislandwiki.org/index.php/Constitution |access-date=2021-03-15 |website=www.theislandwiki.org}}</ref> The earliest extant Act of the States dates from 1524.<ref>''Balleine's History of Jersey'', Marguerite Syvret and Joan Stevens (1998) {{ISBN|1-86077-065-7}}</ref>

In 1541, the Privy Council, which had recently given a seat to Calais, intended to give two seats in Parliament to Jersey. Seymour, the Lieutenant-Governor of the Island, wrote to the Jurats, instructing them to send two Burgesses for the isle. However, no further steps seemed to have been taken since the letter did not arrive in front of the States Assembly until the day the elected persons were required to arrive in London.<ref name="BHJ24"/><sup>:70</sup>