Tuesday, 12 March 2013

Monday Snow in Tweets

Here are snow related Tweets from Monday in Jersey (and one from Guernsey). No prizes, but well done if you spot the deliberate odd one out. And it isn't the Guernsey one...

Jersey Met ‏@Jersey_Met
Red Snow Warning - Snow & sev gales on Monday -> blizzard conditions by mid to late morning. 5 to 10 cm quite likely with sig drifting.

Juliette Gallichan ‏@JulietteG27
Power has gone down at St Mary's Parish Hall and until we work out what's happened we have no phone lines either. sorry for inconvenience!

Mont Les Vaux still closed,tree down by Shell House, no diversion. @GaryBurgessITV @SophiaWeather @bbcjersey @itvchanneltv @Channel103News

Plenty of trees down on one side on the road, 1 on Route Orange another just past turning to Beaumont @bbcjersey

GuernseyMuseums ‏@GuernseyMuseums
We are closing shortly due to this unseasonable heatwave. It's just too hot. See you all tomorrow! Seriously we are closing, so is the cafe.

Juliette Gallichan ‏@JulietteG27
Parish Hall power & phones now back up (JEC had to cut power while attending to fallen tree nearby) but office now shut 'til tomorrow

ITV News Channel TV ‏@itvchanneltv
Jsy - SNOW UPDATE: Island comes to standstill: http://rssa.at/3269534

JessStevenson ‏@JStevensonITV
Police and Ambulance personnel being stationed around the island so they can respond to life-threatening and serious emergencies

BBC Radio Jersey ‏@bbcjersey
More trees are expected to fall as gale force winds continue. Roads and pathways blocked across Jersey. 10 trees down in St. John alone.

JEP Newsdesk ‏@JEPnews
Photo - Mont Fellard closed due to a fallen tree. pic.twitter.com/RL4ZQmPj2g

Gary Burgess ‏@GaryBurgessITV
@electricjersey say worst affected parishes are St Lawrence & St Peter, tho some disruption in Trinity and St Martin. #CIsnow

BBC Radio Jersey ‏@bbcjersey
Mother & two children unharmed after tree falls onto house in Grouville. Roof and chimney badly damaged. (JF)

States of Jersey ‏@StatesofJersey
Cyril Le Marquand House closed from 2pm.

ITV News Channel TV ‏@itvchanneltv
Jersey Electricity say conditions are the worst since the Great Storm of 1987. http://www.channelonline.tv/channelonline_jerseynews/DisplayArticle.asp?ID=504264 … #CISnow

Channel 103 News ‏@Channel103News
20 Overhead Powerlines Are Damaged - more - http://bit.ly/17atG8

BBC Radio Jersey ‏@bbcjersey
BBC News - Jersey blizzard: Two hundred homes lose electricity http://bbc.in/13Ruxns

Took over 2 hours to get from Bulwer Avenue to Victoria Road. Do not drive!!!

Simon Jupp ‏@simonjamesjupp
CLIPPER: Wind too strong to enter St Peter Port at the moment but they haven't made a final decision. @BBCGuernsey @bbcjersey

LibertyBus ‏@LibertyBusje
Do be careful on the pavements this afternoon/evening, they are still quite slippy!

Gary Burgess ‏@GaryBurgessITV
COMMON SENSE VICTORY: no traffic warden car park fines at all in Guernsey and Jersey today say @GuernseyPolice and #TTS.

States of Jersey ‏@StatesofJersey
TTS will waive parking fines today and accept payment for a day's parking. This only effects the 13 drivers who didn't put up paycards.

Lucy Stephenson ‏@LucyStevoJSY
Usually i love snow, but this kind isn't fun. Had enough now, thanks for coming, see ya #goawaysnow #CISnow

Gary Burgess ‏@GaryBurgessITV
UPDATE from @electricjersey: At least half the damaged overhead cables have now been repaired. ...well done to the team. #CIsnow

Simon Jupp ‏@simonjamesjupp
Clipper couldn't get into Guernsey so now heading into Jersey. Should arrive 6:10pm.

Jersey Education ‏@JerseyEducation
Highlands College will be closed tomorrow along with other Jersey schools. More bad weather on the way.

lyndonfarnham ‏@lyndonfarnham
Thinking about all of the emergency and honorary services working right now to keep our island going throughout the appalling conditions ..

David Warr ‏@WarrOnWords
Wow! Relieved to get home in one piece, it's totally mad out there. Fingers crossed tomorrow. Good luck to our emergency services.

JEP Newsdesk ‏@JEPnews
Two people have been hit by a falling tree on the Railway Walk. Rescue services are at the scene.

Only in the Channel Islands. TTS unveil their new #Jersey snow plough…... pic.twitter.com/PlJHh40Dcn

Stuart Syvret ‏@StuartSyvret
Snow still falling wind gusting to 60mph; night drops as 11 metre high-tide sucked higher by low pressure & thrashed by gale threatens coast

Stuart Syvret ‏@StuartSyvret
Looking at conditions, I wouldn't be out in this without wearing my mountaineering gear. Most roads impassable, most people walking.....

Stuart Syvret ‏@StuartSyvret
......sadly, would not be surprised if some people on foot ended up dying in this; falls, exhaustion, hypothermia.

Stuart Syvret ‏@StuartSyvret
...not even sure Jersey emergency services have enough suitable vehicles to be combing roads for exhausted walkers.

Kevin Stewart ‏@kevinstewartgsy
Snowfall (a Jersey Downfall parody) lol http://youtu.be/GCexKtnKcRM

lyndonfarnham ‏@lyndonfarnham
Good work by all the media today keeping us updated. Thank you

Philip Ozouf ‏@philipozouf
Please don't go and drive without winter tyres or chains. Roads are getting blocked and dangerous.

Matthew Hotton ‏@MatthewHotton
Loads of drifting snow near @DurrellWildlife, wouldn't be surprised if there's a few blocked roads by morning.

Murray Norton ‏@MurrayNorton
Mont Les Vaux closed. Tree fell on two cars. No injuries. Clearing up going on now.

Dan Snow ‏@thehistoryguy
Want to know why Syria is gripped by civil war? Watch my History of Syria at 9pm tonight on BBC2.

Simon Crowcroft ‏@SimonCrowcroft
Thanks to all the honorary police across the island, and the States and parish workers keeping Jsy moving

LibertyBus ‏@LibertyBusje
A lorry has overturned at Beaumont causing delays. Please be extra careful on the roads today! #cisnow

scariest moment of #ciSnow so far - getting back to car park to find car had slid down hill out of our space - 2 car lengths forward!

Jersey Education ‏@JerseyEducation
Thanks to everyone who retweeted our school closure messages today. Hope you stay safe and warm tomorrow

ITV News Channel TV ‏@itvchanneltv
Jersey schools will be closed again tomorrow. #CISnow

By the way if you have a car by the pink elephant park in Quennevais I suggest you check it! #CIsnow #blizzardtastic

Rowena M Davies ‏@TheOnlyGuru Protected account
@SophiaWeather @GaryBurgessITV @itvchanneltv @JsyFire @StatesofJersey @JerseyPolice Service above, & beyond the call of duty today. #Thanks

Kristina Moore ‏@Moore4StPeter
At least 2 cars abandoned on Rue de la Hague, St Peter. Snow drifts 3 to 4 ft high and getting deeper!

Kevin Pamplin ‏@KevinPamplin
Off air after 5 hours of LIVE powerful local radio on @BBCJersey This is why I do what I do and why I say #MakeTheSwitch Thank you all!

Stuart Syvret ‏@StuartSyvret
Just went outside; conditions pretty wild; still snowing, still windy, but maybe a little less? But predicted to worsen over night.

Kristina Moore ‏@Moore4StPeter
Very relieved power back on. Grateful to everyone working outside in these horrendous conditions today

 

Monday, 11 March 2013

Vote Informally: The Case for Option D.

"I don't think government should compel people to go and vote if they don't want to vote. We live in a free society. If you don't like politics, if you don't think the leaders are much chop, you should have the freedom to go 'no, I'm not voting" (Mark Latham)
 
One of the main failings of the electoral commission and the States is the refusal to address what I call "Option D", the right to say "none of the above". I've been taking soundings and talking to a number of people, none of whole like what is on offer, and most of whom will either vote for one option as the best of a very bad job, or not vote at all.
 
One thing is for certain, there won't be, as in Australia, a call for a mass spoiling of papers, leaving them all blank. The reason for the difference is simple. In Australia voting is compulsory.
 
In Australia, where people have to vote, former politician Mark Latham said: "They say voting is compulsory in Australia but it's not compulsory to fill out the ballot paper, you can put it straight into the ballot box totally blank."
 
This is technically termed "voting informally". As well as leaving ballot papers blank, Australia also saw protest votes by using  scribbles, slogans and other protest vote marks on the ballot papers.
 
Mark Latham was pilloried by a number of people who said that it was a juvenile approach to take, like a spoilt child. But why should it be? To vote for a particular person, or in the case of the referendum, legitimises that option, and that is something that a number of people in Jersey are just not prepared to do.
 
Of course, I cannot help suspecting that one of the reasons against having "None of the Above" is that it would send out a clear vote of confidence on the Electoral Commission. Instead of which, whichever option wins, they can claim success in providing the people of Jersey with the choice they wanted.
 
That's why I also expect a lot of people to vote for Option C. Some don't especially want to Constables in the States. Some don't want superconstituencies. But the one thing pretty well all of them that I've talked to do want is to retain the Senators. I am still hearing about Island wide mandates. That is something which a good many people do not want to lose.
 
They know the arguments but they trust their gut feeling more. Gut feelings are something rationalists always find it hard to understand, but we've seen them surface time and again. You cannot argue people into submission.
 
Look at the horse meat scandal. The rational argument was that food should have been labelled with proper provenance, but it was really the gut feeling  of revulsion that was more important. And how a number of voters feel is rather as if we are not seeing the proper ingredients in the Referendum, and the Commission is trying to palm off the voters with horsemeat.
 
So a vote for Option C can also be a vote for Option D. It is not a vote for the "status quo", it is a vote to keep the Senators. But because of the poor way in which the choices have been framed, there are no other routes available. I don't think the Electoral Commission really took into account the strength of feeling for the all Island mandate; it seems to have made up its mind that for change, the Senators must go.
 
In fact, I think it unlikely that anyone who votes for Option C is happy with the current system; this is simply the one option that says "No" to the other two options. If there had been an "Option D", they would have just as easily voted for that.
If there was compulsory voting, the informal option would certainly be the best way to go, but without that, the best option in game theory for Option D is to vote for Option C.
 
It will mean back to the drawing board and more frustrations. That cannot be helped. But sometimes it is better to wait and ensure that whatever is chosen is the best option, rather than settling for second best, the least worst option.
 
The Electoral Commission were congratulated for the speed of their deliberations, but perhaps part of the problem was that haste. They may have done the best they could but it still looks like a rushed job to get the options sorted out.
 
The proposed form of the questions came out only with the final report by the commission, and at that point, the Commission was close to new submissions. So - there was no feedback on the form of choices, apart from that given by a few politicians (who must be commended for doing so) in the States.
 
This was a major weakness in the Commission's results, and an opportunity lost. They should have gone back to seek more submissions. Instead we only had a consultation on the interim recommendations.
 
As a result, even some politicians I have spoken to who are supporting Option A or Option B acknowledge that it is a mess. Those supporting Option C are quite sure of that. Common descriptions I have heard of the choices are "a pig's breakfast", "a muddle", "hashed together at speed".
 
The other way of expressing frustration is simply not to vote. It is one of the causes for electoral apathy - the idea that it will not really change anything. How we interpret any option - A, B or C - if the turnout is perhaps as low as 15% is another matter.
 
What is absolutely certain is that it will not represent the popular mandate.This is not a case of stratified random sampling, where the proportion who vote can be deemed to be representative of the whole. Anyone who suggests that simply doesn't understand statistics. A random and stratified sample is used in opinion polls, and significance tests can show how well it represents the whole. But an election by its very nature is not random. It is a self-selecting sample.
 
If anything, an extremely low turnout shows that people want Option D - none of the above, or that they simply couldn't care less. Not everyone is politically motivated, and short of a system of compulsory voting, it is unlikely that they will go out and vote. And as Gerald Kaufman said "those who are most dependent on the state seem to have the least engagement with it".

Sunday, 10 March 2013

Patterns of Destruction

"I'm afraid that we all make mistakes. One of the things that defines our character is how we handle mistakes. If we lie about having made a mistake, then it can't be corrected and it festers. On the other hand, if we give up just because we made a mistake, even a big mistake, none of us would get far in life."
― Terry Goodkind, Confessor
 
"It is unwise to be too sure of one's own wisdom. It is healthy to be reminded that the strongest might weaken and the wisest might err."
― Mahatma Gandhi
 
Lent is traditionally a time for reflection, and I've been reviewing some mistakes and errors of judgement that I've made recently. It's nothing illegal; it's just being unwise in something I said. I caused one individual considerable upset, and was rightly reprimanded by another for my hasty words and for being the cause of another's anguish.
 
I've since apologised, although my lack of good judgement may have damaged some trust in me. I will certainly need to apologise again, face to face. But it is only by acknowledging mistakes that we can move on.

Often the immediate reaction to being told off if you've done something wrong or silly is to react against that. That's how children behave, after all. When a child is caught in some misdemeanour, their instinctive reaction is to protest their innocence, even when they are guilty.
 
It can all too easily become a pattern. When I did co-counselling with Annie Parmeter and others, one of the most important lessons was how patterns, learned behaviours, often from childhood, can dominate human beings; they can become the automatic way in which we respond to anything that challenges us, or causes upset. We become stuck in a pattern from which we find it difficult to extricate ourselves. We need reflection, and time to see which patterns dominate us.
 
Patterns of poor behaviour are not, I think, helped by the Internet. As Ramsay Cudlipp (writing in today's JEP) comments, the internet encourages a culture in which very hasty and often vicious judgements are made, often in the kind of language that would not be used face to face. And any criticism of those making that judgement meets with abuse as well.
 
Lent is a time for reflection, and one of the most important lessons of reflection is that we need to step back, and take time. Haste is the enemy of reflection; it is one of the weaknesses of our culture that we are so quick to make judgments, and with that to ignore the whole person.
 
A balanced assessment of people is seldom achieved with haste. That's not to say that judgments cannot be made, and critical judgments, but good judgements are seldom made in haste. That runs counter to the prevailing practice where judgements are tweeted around the world without much reflection.
 
The case of Lord McAlpine, wrongly accused, should give us pause for thought. He was in a position to bring judicial countermeasures against his accusers. How many people are so wealthy as to be in such a position? Guilt by Twitter is one of the worst patterns of modern life.
 
There's a story of Jesus which has a lot to do with standing in judgement. It's an odd narrative, because it wasn't originally part of a Gospel, but it was still thought to be so authentic that it should not be left out. Although it has some of the characteristics of Luke's Gospel, it eventually arrived in John's gospel, where we find it today.
 
In the story, Jesus makes the accusers reflect on their own conduct. They can't have the instant gratification of a stoning. They are forced to look into their own hearts, and they are shamed by the experience.
 
The religious concept of sin has been abused as a mechanism for instilling guilt into people, and rightly so, but post-Freud, the removal of that concept has led to a culture where people learn to ignore their own feelings of guilt, while at the same time, having no problems with instant judgments on other people being guilty. These are not healthy patterns in our culture. They are destructive.
 
The story in John's gospel is all about guilt and judgment, and reflection before hasty actions. It's about how a particular pattern of response comes up against another pattern, when Jesus draws in the sand, and forces the accusers to reflect. He breaks the patterns of destruction. I think it still has a very relevant message today.
 
The teachers of the Law and the Pharisees brought in a woman who had been caught committing adultery, and they made her stand before them all.
 
"Teacher," they said to Jesus, "this woman was caught in the very act of committing adultery. In our Law Moses commanded that such a woman must be stoned to death. Now, what do you say?" They said this to trap Jesus, so that they could accuse him.
 
But he bent over and wrote on the ground with his finger. As they stood there asking him questions, he straightened up and said to them, "Whichever one of you has committed no sin may throw the first stone at her."
 
Then he bent over again and wrote on the ground. When they heard this, they all left, one by one, the older ones first. Jesus was left alone, with the woman still standing there. 

He straightened up and said to her, "Where are they? Is there no one left to condemn you?" "No one, sir," she answered. "Well, then," Jesus said, "I do not condemn you either. Go, but do not sin again."

Saturday, 9 March 2013

Sea Mist

A descriptive poem for Saturday, about the sea mist I saw when I was down at "The Smugglers" at lunchtime today...

Sea Mist
 
In and out the bays it creeps along
The sea mist, rising  along the coast
Like sailor's tales of the siren's song
This fog, creeping like a seaside ghost
 
The lighthouse sounds the warning call
Unwary mariners face deadly plight
The hidden dangers that might befall
Beware of rocks concealed from sight

Once the wreckers laid beacons inland
Ships foundered on the rocks, and fell
Plunder and driftwood washed up on sand
And wrongly blamed on witch's spell
 
The sea mist rises along the coastal ways
Until burnt away by the sun's strong rays

Friday, 8 March 2013

Thoughts On The Scope of Justice

"We are clear that the yardsticks for testing the credibility and reliability of victims in sexual abuse cases do not serve the police or prosecutors well and risk leaving an identifiable group of vulnerable victims unprotected by the criminal law." (Keir Starmer QC, Director of Public Prosecutions).

There are some interesting developments in England regarding sex abuse cases. The fall-out from the Jimmy Saville case has led to the position where the Director of Public Prosecutions has indicated that hundreds of cases could be re-visited, and the overall procedures by which evidential tests are applied is also to be reviewed:

Keir Starmer QC is due to set out a series of reforms in the wake of the  Jimmy Savile scandal as well as revelations about gang-led grooming of girls. Mr Starmer said that prosecutors had been overcautious about proceeding with sex abuse cases, and that changes were needed to prevent "another Savile".  New guidelines on prosecuting such cases will be drafted in the coming months while past cases will also be reviewed.(1)

On BBC Radio 4's Today programme, the DPP explained that ""What we are proposing is a scoping panel to look at cases where people have previously come forward but their case hasn't been proceeded with." The idea is that police and alleged victims would be able to bring cases to the panel, and see if they "deserve a second look". Mr Starmer thinks, however, that the numbers involved were "more likely to be hundreds than thousands". "What we need to ensure is that the investigation and prosecution is as thorough as it should be in these cases, but fair to both sides," Mr Starmer told Today.

Mr Starmer warned 'the pendulum has swung too far against the child', meaning police are now inclined not to believe children reporting abuse. He said that in future prosecutors and police will be expected 'explore patterns of behaviour and links to other cases' instead of just focusing on the account of the victim. He said: 'We have got to clear the decks and craft the way we prosecute cases. Anyone who has ever prosecuted any of these cases will know they are extremely difficult.' He added: 'We are clear that the yardsticks for testing the credibility and reliability of victims in sexual abuse cases do not serve the police or prosecutors well and risk leaving an identifiable group of vulnerable victims unprotected by the criminal law.' (2)

Reforms are at an early stage of discussion, and this could include widening the scope of review, so that experts could help determine whether cases could go ahead. Such decisions, said Mr Starmer, may not be "solely for the police and prosecutors to determine".

According to the newly devised plans, a panel will be established to review historical child sexual abuse cases where investigations into alleged abuse have not been pursued.

Mr. Starmer said: "What we are proposing is a scoping panel to look at cases where people have previously come forward but their case has not been proceeded with. The panel will advise chief constables on whether the case should be reopened. This is really to put some formality around the process by which either the police or victims could bring a case to the panel and say, 'do you think this one deserves a second look?'. I think it's more likely to be hundreds than thousands (of cases) but we'll have to feel our way through it." (3)

"We need to settle this," Starmer said. "Ten years or so ago, it was thought that police and prosecutors were over-enthusiastic or over-eager in pursuing [such] cases. Now it is thought they are over-cautious. I don't think we can go on like this."

Starmer called for an approach that was fair to innocent suspects but equally fair to victims. The test for bringing a case - whether there is a realistic prospect of bringing a conviction - must not change but the justice system must look more carefully at the way it assessed credibility, he said. At the moment, there is a great deal of focus on whether the victim is telling the truth. We need to look equally carefully at the account the suspect is giving, look at the context, look at the pattern of behaviour,  make the necessary links and think about how a case can be be built." (3)

He added: "We are clear that the yardsticks for testing the credibility and reliability of victims in sexual abuse cases do not serve the police or prosecutors well and risk leaving an identifiable group of vulnerable victims unprotected by the criminal law."

The CPS and ACPO (the Association of Chief Police Officers) have agreed that a new overarching approach to investigation and prosecution of sexual offences will be drawn up, will be applicable to all police forces and agreed by the CPS. New guidance to ensure consistent best practice will be drafted by the CPS, which will be open to public consultation. It remains to be seen whether Jersey is going to take part in these discussions and consultation in any official capacity, but it would seem that the Island will find itself out on a limb if it does not.

The Association of Chief Police Officers' lead on violence and public protection, Chief Constable David Whatton said: "By working shoulder to shoulder with the Crown Prosecution Service and the College of Policing, ACPO is keen to ensure that we continue to build on progress in the area of sex offence investigation. We have proposed a package of measures, including a rationalisation of guidance, training and consideration of a review panel mechanism to ensure we have truly learned from the lessons of the past."

The CPS and ACPO have agreed:

* A clearing of the decks in relation to policy and guidance. All existing policy will be decommissioned, with one overarching and agreed approach to investigation and prosecution of sexual offences to be applicable in all police forces and agreed by the CPS. The CPS will also draft new guidance to ensure consistent best practice, which will be open to public consultation.

* Training will ensure there is no gap between policy and practice. The training will be hands on and provide practical advice to police and prosecutors about when a complainant can and should be told about other complaints, among other things.

* To propose the formation of a national "scoping panel", which will review complaints made in the past which were not pursued by police and
prosecutors, if requested.

Mr Starmer said: "There is an urgent need for an informed national debate about the proper approach to the investigation and prosecution of sexual offences. That debate needs to extend well beyond the CPS and the police. Above all, a national consensus needs to be reached on the issues."

The ACPO website has more details on the proposals:

To this end, ACPO and the CPS will host a series of roundtables with bodies and individuals with responsibility, interest or expertise in the field in order to explore and road test the revised guidance on investigating and prosecuting sexual assault cases.

Roundtables will convene in the coming weeks with judges; front line investigators; health and social services representatives; statutory bodies such as the Victim Commissioner and the Children's Commissioner; support and campaigning bodies such as the NSPCC, Refuge and CAADA; expert lawyers; and expert academics.

Mr Starmer added: "If the criteria for testing their credibility match the characteristics that make them vulnerable in the first place, we have a fundamental flaw in the approach to credibility.

"This has to change. But to over steer and remove any meaningful filter in these cases would be a great injustice to innocent suspects. My own view is that by changing the focus from one that is solely victim-specific to one that more critically tests the suspect as well, while at the same time working harder to explore patterns of behaviour and, where appropriate, links to other cases, we could find an answer."(4)

The passing of wide terms of Reference for the Historical Child Abuse Inquiry will ensure that locally cases that have not come to prosecution can be heard, and while the Inquiry is not a court of law, and cannot bring any prosecutions, it is to be hoped that it might also review policing and judicial decisions taken not to prosecute, and determine if procedures and evidential tests were insufficiently robust.

It would, of course, be up to the Crown Officers to determine whether a case might "deserve a second look", but the position taken by the Director of Public Prosecutions in England suggests that it would be a mistake to rule that out. If the DPP can suggest that some cases should be reconsidered, then clearly there is no absolute principle against doing so.

That the Inquiry will take place along the same time as this wide ranging review in the UK is all to the good, as it will also be able to keep an eye on how the reforms of practice regarding investigation and prosecution are being developed by the DPP and ACPO and the public consultation.

It is also to be hoped that what emerges from the debate in England will be much more robust guidelines to ensure that cases of child abuse do not slip through the net as often they have done in the past. As Keir Starmer has noted, the pendulum has been swinging from over-enthusiastic which could lead to innocent people being arrested, and children taken from their homes (for example, at South Ronaldsay in Orkney) to overcautious, which is where he sees the current position.

Despite the best efforts of the judiciary, it is hardly likely that Jersey has been entirely free of the same culture of over-caution described by Starmer, especially as it has taken legal advice from UK lawyers, and lawyers over here have trained in the UK. Is our system fair to innocent suspects but equally fair to victims? Starmer thinks that England has at present some significant weaknesses in fairness to victims at present, and it would be remarkable if Jersey was a compete outlier. There is a certain element of subjectivity in assessing whether a case should be brought to trial, and Starmer is well aware of that.

Rather than simply another swing of the pendulum, he is calling for a vast improvement in how things are done. This is a sea-change that Jersey's judiciary and police must engage with, a conversation they must be part of, and they should also be able to take upon the new revised and consistent best practice that will emerge. When a new overarching approach to investigation and prosecution of sexual offences is be drawn up, it should be applicable locally as well.

At present it is early days regarding the historical abuse enquiry. Will Jersey need a "scoping panel"? It is something which may well need to be considered in the future.

Links
(1) http://www.telegraph.co.uk/news/uknews/crime/9912039/Hundreds-of-dropped-sex-abuse-cases-to-be-reviewed-amid-prosecution-overhaul.html
(2) http://www.dailymail.co.uk/news/article-2288836/Jimmy-Savile-Britains-prosecutor-vows-prevent-Savile-plans-review-hundreds-dropped-child-sex-abuse-cases.html
(3) http://www.oyetimes.com/news/england/37490-jimmy-saville-scandal-leads-to-reopening-of-dropped-child-sexual-abuse-cases
(4) http://www.acpo.presscentre.com/Press-Releases/-The-criminal-justice-response-to-child-sexual-abuse-time-for-a-national-consensus-1fc.aspx

Thursday, 7 March 2013

The French Refugees

Here is another extract from "Jersey in the 15th and 16th centuries" (1931),  by A.C. Saunders.  It shows how a literate and powerful group of immigrants could dominate the Island's culture.

A wave of immigration from France caused by persecution led to alien practices and ways being imposed on the Islanders. The Huguenots were, as Saunders notes, very clever people, but they were also driven by a fierce religious fanaticism. Once they had settled in Jersey, they began to impose their ideas on the people, and effectively they could use legal means to impose their moral imperatives on the local population, with the Royal Court supporting them. There was no means of easily appealing to a higher authority. John Kelleher comments that: "In a faith which paid strict attention to spiritual, moral and social discipline the distinction between religious and secular became blurred and, with the support of the State, the Church extended its Jurisdiction to all areas of private and public life."

Jersey was in the firm grip of a Calvinist regime, and effectively a law unto itself, going its own way, with no interference from England. This was understandable; a firm Protestant regime was a good bulwark against invasion from the French, and while the Jersey people and those from Normandy shared a common tongue, they were divided by religion. As John Kelleher noted: "Because of the Island's unique circumstances, the English Crown showed itself willing to tolerate Calvinism as opposed to uniformity with the Church of England."

It was not until the aftermath of the Civil War in England that the law was used by Puritans to impose morality, but in Jersey, the puritanical regime began much earlier, and lasted longer. The attempt to legislate morality is always done from the best of motives, but it invariably results in oppression. It's a lesson that seems very difficult for those in authority to learn.

The French Refugees
by A.C. Saunders
 
On the 23rd August 1572, Catherine de Medici, Queen Dowager of France, held a secret Council with the Dukes of Anjou, Guise, Nevers and other Catholics and they decided that the best way to bring peace to France was by a wholesale massacre of the Huguenots. The Protestants had been so called since the year 1560, when a monk at Tours ridiculed the members of the new creed as such because they were accustomed to hold their meetings at night near the gate of King Hugo.
 
The Protestants had become a power in the land and were ready to fight for what they called " La Cause " against their opponents who, as Roman Catholics, were ready to defend " La Sainte Ligne." It has been stated that, about this time, there were some 2,500 reformed congregations in France and that nearly one quarter of the population had adopted the Reformed religion; at first among the lower classes, then by those of middle rank and afterwards by some of the most powerful nobles in the land.
 
It was a bitter fight and France suffered accordingly. The Church resented the increasing opposition to their authority, but Charles IX, a young king, aged 22 years, had the idea that he would like to rule as a great king. After the battles of Jarnac and Moncontour, he made flattering approaches to the Huguenots, and Henry of Navarre, the nominal leader of the Protestants, was offered in marriage Marguerite, the daughter of Catherine de Medici. The marriage took place with great pomp and ceremony at Paris.
 
Two incidents should have warned them of the unscrupulousness of their hosts; Jeanne d'Albert, the mother of Henry the bridegroom, was taken ill soon after her arrival in Paris, and it was suggested her death had been caused by wearing a pair of poisoned gloves sent to her by the Queen Mother, and an attempt was made to assassinate Admiral Coligny, the leader of the Huguenots.
 
The difficulty the conspirators had was to get the young King to sign the necessary warrant for the massacre. Weak as he was, he hesitated to legalize such a monstrous crime and, with quill in hand, he for a long time refused to authorise the massacre of those who had fearlessly accepted his hospitality. But the Queen Dowager and her supporters gradually overcame his scruples, and as soon as the Warrant was signed, the gates of Paris were shut and at midnight of the 24th the bell in the Tower of the Royal Palace gave the necessary signal to those awaiting and the massacre commenced.
 
Hundreds of Catholics with a white cross on their hats were awaiting the signal to exterminate the thousands of Protestants who had accepted the hospitality of a faithless King and his mother. It has been stated that no fewer than 6,ooo persons were killed in cold blood in Paris alone, and that in France some 50,000 Protestants thus lost their lives. We hear of the miserable King, having overcome his scruples (he was noted as a sportsman), taking aim from his palace windows at the Protestants attempting to escape. Some six or seven Governors of provinces refused to obey the orders to kill their opponents, and great honour is due to the Governor of Bayonne, who dared to reply that there were many loyal subjects in that city, but no executioner.
 
Henry of Navarre, the bridegroom, saved his life by pretending to adopt the Catholic faith. On the 24th of August, Charles attended in great state a service of thanksgiving in Notre Dame; and at Rome a year of jubilee was proclaimed as "Recognition of the fact that God had put it into the hearts of his faithful subjects to purge the earth of heretics." When Philip of Spain heard the news, he smiled.
 
The massacre was a great blow to the Huguenot party. Many of their leaders were dead and the country was overrun with Catholic soldiers who needed no warrant to commit any crime against the unfortunate Protestants. Northern France ceased to be a stronghold, and those who did not find their to La Rochelle had to flee the country. Charles never forgot the fact that his was the hand which authorised the massacre, and within a couple of years he was dead - supposed to be another poison victim of his unnatural mother-but even to the last day of his life fully realising the enormity of the crime he had committed.
 
Many Huguenots fled to Jersey, and among those we find the names of de la Ripaudie, du Val, Brevint, Mesnier, Maret, Riche, Alex, Dolbel, Baudin, Herault, Mauger and others. Many of the Nobility and Gentry followed suit and some of their descendants still live in the Island.
 
Among those who fled to the Island was Gabrielle, Count of Montgomerie and Seigneur de Lorges, a great leader of the Protestant party. Montgomerie was a remarkable man, who, when a young knight, had the misfortune, on the 30th June, 1559, to mortally wound in a tournament the husband of Catherine de Medici - King Henry II of France. Fleeing to his estate in Normandy this young nobleman became an ardent reformer and, as one of the leaders of the party, he defended Rouen from September to October, 1562, when the city was captured by the Constable of France and Montgomerie getting into a boat, escaped down the river. He was one of the Protestants who attended the marriage of Henry of Navarre and the Princess Marguerite, but having his lodging on the south side of the river he was warned in time and, although pursued for many miles, managed to find his way to Jersey, where he remained for some time.
 
But a lazy life did not suit so active a man and we hear of him in charge of stores from England to the Huguenots at La Rochelle. Then we hear of his defence of Domfort which he tried to defend against vastly superior forces, but unfortunately the town was captured and Montgomerie made prisoner and taken to Paris. Catherine had a good memory and rejoiced that the man who had killed her husband was now her prisoner, and this gallant gentleman went to the block to satisfy the vengeance of the de Medici.
 
With the increase of educated theologians in the Island, the Calvinists in Jersey became more and more powerful and tolerated no opposition to their will. They had been intolerant before but now they had the majority of the States on their side and those who objected to their rule found it wise to keep quiet. Even as early as the 25th May, 1562, we find the States directing that all " breviares et legendes " shall be thrown into the fire, and a man who was found with such was forced to carry wood to St. Helier's Market and burn all his religious books. They gradually made Calvinism the religion of the Island and little by little they wore down the use of the " Booke of Common Prayer " and introduced a form of religious government and a book of discipline of their own " which they caused Ministers, Jurats and other people to swear."
 
We have already seen that Sir Amyas declined to set a good example to the people by refusing to adopt such a code as " incommodious without warrant " but the ministers and Elders still continued their autocratic ways, and when Mr. Messervy, a Jersey scholar from Oxford, was appointed by the Governor to one of the Jersey rectories, they refused to admit him as one of their ministers unless he promised to conform to the discipline they had established. Messervy refused to do so and gave as his reason that he did not consider they had any warrant to impose conditions which were contrary to the Church laws established in England.
 
But they still continued their Church government and showed little mercy to those who opposed them and every breach of the discipline they had set up was severely dealt with. This was especially noticed against those who still clung to the ancient faith and we hear of Regnauld Baudyn, Clement Herault, Jacques Le Moignan, Clement Baudyn, Reg Griffon, Edmond Filleul and Philip and Jacques le Feuvre of the parish of St. Clement being sent for punishment to the Castle for having refused to abandon Mass and shown great insolence to the minister of the parish, and Edmond Nicolle, John Le Cornu, John Vauldin, Raulin de la Haye, Etienne Macho, Coll le Masurier and Michel Vauldin were condemned to be punished for having been found outside Church during Service and contrary to the orders of the Jurats.
 
Even the social life of the people was not their own but was subject to the little Star Chamber which had been set up by these French refugees and the Court, composed of men who had no chance against the eloquence of these educated men, supported the tyranny of the ministers.
 
Poor Janette Jouin made certain accusations against Jean Robin, but, Robin having influence, the Court condemned her conduct and she was ordered to appear the following Sunday, covered with a winding sheet at divine service at St. Peter's Church, where she was to remain until she confessed her crime and showed signs of a contrite heart by pleading with the people to join her in prayer to God to forgive her misdeed-and. the following - Sunday-she had to appear in Church to hear judgment as to how she had proved her penitence.
 
Even family life did not escape the attention of these ministers as poor Susan Gavey found to her cost. Her parents had promised her in marriage to Simon Bisson but she did not like the man and refused to marry him and therefore the Church stepped in and excommunicated her. This did not frighten her and having treated the Order with the contempt it deserved, the ministers brought her before the Royal Court and the learned Jurats decided that she must appear at Church the next Sunday and after service ask pardon of her lover and beseech him to take her as his wife, otherwise she would be publicly whipped. Evidently she became Mrs. Bisson and it is to be hoped that Bisson found full reward for his chivalrous conduct.
 
And thus life under this religious tyranny became more and more unbearable until in the year 1580 a deputation was sent to England to complain of the terrible oppression by the Ministers and the good offices of the Bishop of Winchester and Archbishop of Canterbury were asked for.

Wednesday, 6 March 2013

Option A weakens the Parish System

I keep hearing it stated that removing the Constables from the States will actually strengthen the Parish system. It is stated by the proponents of Option A with some vigour, perhaps because it looks rather obvious that it would not.

Let's look at the reasons given, and deconstruct them. While I support Deputy Montfort Tadier in many of his initiatives (especially with regard to the Historic Abuse Enquiry Terms of Reference), I think the arguments he has made online about removing the Constables are quite fallacious, and are a special pleading which simply doesn't hold up to examination. He was asked:

"How removing the ex-officio role of the Constables, will actually strengthen the Parish system. Below is an answer I gave on my blog to a question I was asked about reform:"

"Thank you for the question. It is a good one. The first thing to say is that, currently, the 'health' of parish democracy is currently in a critical condition. Turn out at parish assemblies, even on important matters such as the setting of the rates, is very low. In St Brelade, for example, such a meeting will attract perhaps 50 people at most, from a voting population of 8, 000 plus). The last time a contested Centenier's election took place in St Lawrence, the turnout was around 6%). This is the current state of things with Constables in the States. "

"Contrary to how it may have been in the past, being a States Member nowadays is a full time job. If the numbers are further reduced to 42, there will be more work for fewer members. So, there would be even more work for the Constables, were they to remain in the States. This would likely lead to them spending even less time in the parishes."

"However, were they not obliged to attend the States, as they are currently, they could and, I believe would, be able to focus their full attention to parish matters.  Remember, the parishes exist separate to the States Assembly. Members there act and legislate for the whole island, in what is effectively a 'national parliament.' Their [the parishes'] existence and legitimacy is not dependent on Constables being in the States."

So let's examine some of these observations, and see if the conclusions follow from the premises.

1. "....the 'health' of parish democracy is currently in a critical condition."

His evidence is the low turn out for Parish Assemblies. That has been the case for years and I don't see the logic in suggesting that if the Constables were out of the States somehow and miraculously people would start turning up. It doesn't happen in Guernsey. Does he explain why this should suddenly be reversed? Are we to see Constables like charismatic preachers, bringing in crowds of faithful parishioners? Or are we to go back to the old days and when churchwardens were given sticks to beat people into churches? Of course not! The whole idea that removing the Constables from the States would alter this state of affairs is simply nonsense.

As a matter of historical record, and one I have examined in depth on this blog, the case of Donald Lucas dismissal as a Parish employee by the Constable led to a divided and angry Parish in St Brelade, and a series of Parish Assemblies at Les Quennevais School Hall, so that everyone could attend; given the issues involved, Parishes can have large attendance.

There were also large attendances at the Parish hall for an Assembly discussing the demolition of the old Chateaux des Roches, and on another occasion, when a vote was taken  to reject moving a footpath from the road to the promenade. If the issue is there, the people will be fired up and attend. But mostly, it is routine stuff, appointment of a member of the roads committee or Procureur du Bien Public, election of a member of the honorary police, voting on a liquor license. These have to be put to the Parish Assemblies by law, but the average Parishioner sees no need to attend, and that has nothing to do with the health or otherwise of Parish democracy.

And on the subject, can we have some statistics on Parish Deputies attendance at Parish Assemblies? If Deputies don't attend the Assemblies now, why on earth would they bother if the Constables were not in the States? And how many Option A supporters do support the Parish by taking on honorary positions in the Parish, or standing for election for those?

2. "....even on important matters such as the setting of the rates"

In the great scheme of things, the rates assembly is not the most important for two reasons. (a) The Parishes have consistently either held the rates or made very modest increases normally with regard to an identified problem that needs additional funding.  (b) the recommended rate is published in the Gazette which, if folk had a problem with would turn up. If they are happy with the recommendation - why bother!

In fact, St Helier did see a significant "rates revolt" in the time of Constable Bob Le Brocq, with a stormy meeting held at Fort Regent's Gloucester Hall, as the extra capacity was needed to ensure everyone who wanted to come and vote could attend. The Constable was running what many held to be a profligate Town Hall, no expenses spared, and increasing the rate significantly to pay for that. Simon Crowcroft cut Parish spending, and cut the Parish workforce, and kept the rate rises low. I'm sure he hasn't had significant attendance needing Fort Regent since he has been Constable.

3. ".....even more work for the Constables, were they to remain in the States. This would likely lead to them spending even less time in the parishes."

Since when did  Deputies have the power to dictate the workload of Constables or determine whether a workload is onerous or not? It insults the Constables who will seek the right balance. He clearly has no idea of what the Constable actually does within the Parish or the extent of their day-to-day involvement. A Constable is not an administrator nor even a CEO (in the sense that Simon Crowcroft suggests) - but a civic head - Chairman of the Board if you like.

4. "However, were they not obliged to attend the States, as they are currently, they could and, I believe would, be able to focus their full attention to parish matters."

In fact, he is wrong on a matter of fact. Constables are not obliged to attend the States. They are no more obligated legally that he is as Deputy. It may be bad form and Privileges and Procedures or the Bailiff may have something to say about that, not forgetting their electorate, but no States member is compelled by law to actually occupy his/her seat. It is only if they are absent for a period beyond 6 months that they will automatically forfeit their seat.

And could he spell out the Parish matters that he alleges the Constables are implicitly neglecting? It's only right that they have to opportunity to respond to such criticism.

5. "Their [the parishes'] existence and legitimacy is not dependent on Constables being in the States."

Well, nor for that matter is is the States dependant solely on Deputies or Senators...it is an Assembly of all 'classes' of legitimately elected representatives. We elect a Constable in the full knowledge that they are being elected to both the Parish and the States.

The weakness of Option A is that removing the Constable will weaken the Parish system. But to say that would lose votes, so instead we have this strange special pleading, rather like a conjurer's trick, that actually it will strengthen the Parish. It is not just Montfort who is saying this; Sam Mezec and other Option A supporters are all making the same claim.

Why don't they come out and say that (1) it will weaken the Parish system (2) that is no bad thing, because that's a feudal legacy that we no longer need (3) Guernsey States manages well without it and has done so for many years.

That, at any rate would be an honest position, and I would respect that. As an argument, I think it has some merit. If I was supporting Option A, that's the kind of argument I would make. Fear of losing votes would not come into it, and that, I suspect, is at the root of the strange counter-intuitive position by Option A supporters on the Constables. They are trying to persuade people that there will be no substantial difference in the role of the Constable if they are not in the States, but of course it will. Why hide the truth?

But I find it hard to have much respect for the kind of bogus argument that says the Parish system will be stronger with the Constables out of the States. As can be seen from my analysis of it, it simply doesn't add up.

Tuesday, 5 March 2013

History of St Mary's Church by G.R. Balleine (Part 2)

Here is part two of the forgotten piece by  G.R. Balleine  on the history of St Mary's Church, transcribed below. Balleine had a wonderful grasp of how to make historical narrative interesting, and peppers his history with interesting anecdotes.

The "Mother's Union" is mentioned in the text. In fact, St Mary is now the only Church to still have a Mother's Union. Those in all the other Parishes have ceased.

To set the scene, this picks up from part 1, when there was very raucous and drunken merry making with the practice of ringing the Christmas bells. A barrel of beer or cider would be rolled into the church, and. those who were not actually pulling the rope would' drink often and deep. Rector after Rector had tried to regulate this at St. Mary's. This is where our story continues.

History of St Mary's Church by G.R. Balleine (Part 2)

Clement Dumaresq, the next Rector, persuaded his Ecclesiastical Assembly to pass an Act in 1818: "Considering what grave disorders and scandals have occurred at Christmas even in the Church itself under pretext that an old custom authorizes anyone to ring the bell without restraint and without permission of those to whom the care of the building has been entrusted by the Bishop, the Assembly has decided that in future the bell shall never be rung without the Rector's permission, and that at Christmas it shall not be rung later than 10 p.m." But, when the ringers found the church doors locked against them, they broke them open, took them off their hinges, and threw them away in a field, and rang to their hearts' content.

The Ecclesiastical Assembly then forbade any ringing in the future, but it could not enforce this rule.

In 1835 the bell was broken at the Christmas ringing. In 1844 under Philippe Guille the question was brought up again, and the Ecclesiastical Assembly ordered the Churchwardens to appoint two men to ring the bell at Christmas, and called on the honorary police to exclude all others, but the police refused to interfere.

The battle royal however began when Le Couteur Balleine became Rector. The Minute Book of the Dean's Court records: "The Reverend Le Couteur Balleine stated that he was appointed Rector of St. Mary's in 1856; that on the Sunday before Christmas he announced that on Christmas Day the Services prescribed by the Prayer Book would be held in the church; that on the evening of Christmas Day certain persons barricaded themselves in the belfry" and they rang the bell without intermission till a very late hour, so that no Service could be held; that on the Sunday before Christmas 1857, the Rector again announced the Services as in the previous year, but certain persons, who had got into the belfry in the afternoon, again rang the bell without intermission; so that the Service could not be held; and seventy persons who had assembled for the Service had to return home; that on Christmas Eve Philippe Sorsoleil, one of the Churchwardens, came to the Rectory and demanded the church key; but the Rector refused to part with the key."

He put strong locks on the church doors and the belfry. He removed the ladder that led to the ringing chamber. He carried away to the Rectory the bell-rope and the clapper of the bell. But the ringers with Sorsoleil at their head were just as determined. They broke the locks and deposited the doors in the Rector's garden. They fetched a ladder and got into the bell-chamber. When they found the rope missing, one of their number rode into town on horse-back and secured another. They roused the blacksmith, and blew his bellows, while he forged a new clapper, and they rang the bell from 10 p.m. till 4 in the morning, meanwhile celebrating their victory with a drunken orgy in the church, leaving the building in such a state that no Services could be held next day.

This tussle established the custom so firmly, that the bell-ringing has continued down to the present day, though fortunately it has been purged of its disgusting and un-Christian features.

Despite the rather sordid history so far, it should be mentioned that there were brighter moments though these cannot be made such exciting reading. There was, for example, a very distinguished Rector who was also Dean of Jersey while remaining Rector of St. Mary, who is commemorated by a splendid plaque behind the Rector's stall. Thomas Le Breton was born in 1679, was scholar of Pembroke, then Fellow of Exeter, 1696-1702, Rector of St. Mary 1706, Dean 1714-28. He is buried beside the South Wall of the Church.

In such a small homogenous parish the coming of Methodism was probably the major historical event next to the Reformation, perhaps even more revolutionary in its effect. An account of John Wesley's visit to St. Mary and of the attack on Methodism by the then Rector of St. Mary, who seems to have grasped this point even before most of his fellow clergy (as well he might), can be read in `The history of Methodism in the Channel Islands by the Reverend R. Moore. It was this Rector who raised the questions in the Ecclesiastical Court, where he was quashed by the Dean.

Bethlehem Chapel was built in 1826. Methodism meant the end of the old Church-State-people relationship which the Reformation had only accentuated. If you were dissatisfied with the Church there was "somewhere else to go". Once this was allowed, that was the end of compulsory Church; attendance altogether, and of many Church privileges. On the other hand the history seems to show that the Church, though depleted numerically, gained spiritually. The Church was no longer the entire responsibility of the Tresor; people began to give for the enrichment of the House of God.

GIFTS AND IMPROVEMENTS

The story of the Church now becomes an almost continuous catalogue of gifts and improvements. In 1844 some of those who owned pews in the Chancel surrendered their seats in order to make room for a communion table. In 1850 a new pulpit was bought. In 1851 the pillar between the Chancels was removed, and the two arches thrown into one; and a silver paten was presented by ladies of the congregation. In 1857 a committee collected £110 for an organ, which was placed in the West Gallery. In 1861 the ornate west door replaced a rather beautiful old door like those at Rozel and St. Lawrence, and a row of windows was pierced in the north wall, which hitherto had had none. In 1862 two new east windows were inserted, one in each Chancel.

In 1863 the church was re-seated with pews, and the south door replaced by a window. In 1864 the restoration was completed by the addition of a third span to the South Aisle; and the old windows in the south wall, which were of different shapes and sizes, were removed to make way for six uniform ones. All this cost £1,790, most of which was raised by the issue of Parish one-pound notes.

In 1874 the spire was struck by lightning and a large part of it crashed through the church, roof. In 1888 a striking clock was given by Dlle A. M. Vibert, in memory of her father, John Este Vibert, a former churchwarden. In 1910 the bell, which had again become cracked, was refounded.

In 1926 the spire was damaged by earthquake and had to be repaired.
 
In 1929 Miss Binet left £200 to the church for a new pulpit. In 1930 a big change was made. The communion table was moved into the South Chapel, which now was transformed into the main Chancel, and the South Aisle became the most frequented portion of the Church. In 1932 a new altar and altar-rails were presented. Sanctuary chairs were added in 1933, and in 1935 an oak screen was erected to divide the two Chapels. In 1937 the Girls' Friendly Society gave a silver cross and candle-sticks.

The font is of solid granite and was given by Madame A. Poingdestre. Stained glass windows were given by members of the Collas, Le Rossignol and Vibert families. They were designed by a local artist who was said to have used local models.
 
The Cross and Candlesticks are in brass, the oldest set of which were given in 1909 by Eliza Hamon.
 
A new organ was installed in 1947. A silver alms dish, in memory of the ministry of the Reverend C. C. Ouless, was given in 1960 by members of the congregation.

More recently a heating system has been installed (1961), a choir Vestry (1964), and the Lady Chapel has been furnished through numerous gifts recently mentioned in the Pilot (1965).
 
Since the war a branch of the Mothers' Union has been formed, and 1962 saw the formation of the robed Choir and servers.

Monday, 4 March 2013

Animal Farm Revisited

"All animals are equal", said Percy the Pig. But the animals still couldn't quite believe it. They had got rid of Mr Alfred Battery, the farmer, who had made them work like slaves, and now they were free to decide for themselves.
 
"We can all vote," said Jemima Puddleduck, "and we can decide for ourselves how the farm shall be run".
 
Plans were drawn up. Everyone was very excited. The farm was going to be run on quite different lines. But there were questions unanswered. The farm had twelve fields. Should each field have a special representative? After all, some fields had sheep, some goats, some cows, and some had free-range chickens. Some fields were used to plough and plant crops and the farm horses were looking after those. The goats and the sheep were looking after fields that needed to be fallow; the cows the fields for their grazing and milk production.
 
"Our fields are all quite different, and they have different needs. We need to have someone to look after our interests" said Sherman the Sheep, "Otherwise, we will have to do all the hard work farming, and the others will reap the benefits."
 
But the animals that lived around the farmyard thought that wasn't fair. "We need to have our say, and there are more of us," said the farm cat. And there was a rooster, crowing loudly in the farmyard by the house, the cat had a lot of kittens, and there were all the young puppies to consider. There were even some goldfish swimming in the ornamental pond. And some barn owls.
 
In the end, they settled on a compromise. They would all vote on how to run the farm. Attila the Hen suggested one option, that every area should have the same number of votes as farm animals, regardless of any special conditions in the fields. This was Attila's option. And Sherman the Sheep suggested that the numbers should be split two ways, one on the same number of animals, and one for the different fields, so that the smaller fields were kept as safe as the larger fields. "Otherwise we may lose sight of what makes a farm special", he said. It was called Sherman's compromise.
 
Everyone was excited. At last the Animal farm could decide for themselves. And the day of the vote drew nearer and nearer.
 
But a number of animals were worried. Attila the Hen had suggested that she would take the matter to the outside Farmer's Union if she didn't get her vote. She said that "it was the only fair vote, and if I don't get my way here, I'll get the Farmer's Union to back me. There is only one fair option, and we'll make sure this is the only one. That's democracy, Comrades. I'm going to stand up for my animal rights!"
 
The animals had thought they were going to decide their own future. They thought they'd have all have a say, and that would be that. They had their options to pick, and they all could decide. But they were mistaken.
 
"You are wrong," said Attila. "All options are equal, but some are more equal than others. We can't let the common herds decide for themselves. If they make the wrong decision, we will have to change it. But all right thinking animals will vote for our option. We can re-educate them.". The pit-bull terrier snarled encouragingly.

Sunday, 3 March 2013

Mabon the Pilgrim and his friends

Here is an extract from "Jersey in the 15th and 16th centuries" (1931),  by A.C. Saunders. It gives quite a different rendering on the last pre-Reformation Dean from G.R. Bailleine's History of Jersey. Saunders does not take the view that there was corruption everywhere in the pre-Reformation church, but that movements for reform were stirring within that Church, of the kind that were later found with Reginald Pole. Balleine takes the Protestant Chronicler more or less at face value.

G.R. Balleine took the view that the run up to the Reformation was full of corrupt practices, and he takes note of the Chronicler who, writing in 1585, says the Dean "was an idolater and a great maker of images, who caused the poor to believe many lies and rascalities, so that they would bring him offerings. He made simple folk believe that the Virgin often appeared to him near the said Chapel [at Hougie Bie]".

Now in 1548, in England, the Commissioners unearthed a propaganda coup - at Boxley Abbey, they found a mechanical contrivance in the Rood of Grace, which was moved with levers to make "the eyes move like a living thing", this was seized and exhibited, first in Kent, then in London, then destroyed. The story was written up and widely circulated, as far as Zurich by letters to the Reformer Bullinger; the tale grew in the telling, and a simple mechanical artefact becomes a marvel of pipes, where Christ "scowls with his eyes, distends his nostrils, turns away his face, bends his back", and in a later letter "foamed at the mouth and poured tears down its cheeks".

This was a great propaganda coup, and news of this spread very widely, as a result. We know that knowledge of which was widely disseminated throughout England also to the Reformers in Switzerland, of Calvinist persuasion. Letters to Switzlerland from the time speak of the Boxley discovery that the Abbey  "had made a great profit by deluding the people of Kent" who were "basely deceived by an idol" worked by "wicked impostors and knaves".

In Jersey, the visit of the Commissioners in 1550 was to implement the provisions of the Act of 1547, which had been applied to Jersey and Guernsey in the Act of Uniformity of 1549. This was to take possession of obits and masses, superstitions, church bells (except one per parish), and close any chantry endowments. Images to which offerings or pilgrimages had been made were to be taken down, and candles before images were now forbidden.

But they reported no such impostiture at Hougue Bie, and it is only in 1585 that the Chronicler, as Saunders noted "when anything tending to Rome was in great disfavour" mentions this. And the tale grows in the telling. A later chronicler also speaks of a moving hand from the image of the Virgin, which took coins and was cunningly contrived to make a movement when the coin fell through thanking the donor. He writes that the people grew tired of making him rich, so he invented a new miracle, and hung candles by wires from the roof, and pretended that they were burning in mid-air.

But why did the Commissioners not reveal this imposture in 1550, when it would have been another great propaganda coup? Why is it not mentioned elsewhere in the public record, as with Boxley Abbey - after all, this is precisely the kind of propaganda coup that would receive widespread publicity, just as the burning of a pregnant woman did in Guernsey? Why is there no mention of it until much later, in 1585? That is the first of the question marks against the Chronicler's account.

The second question mark is raised by Dean Mabon's surrender of the Chapel in 1535 as endowment to two priests. This is not mentioned by the Chronicler, and one must wonder why it is passed over in silence. Might it be because it weakens the idea of a greedy impostor?

The third question mark is raised by the account of the deception itself. This seems to have undergone two versions, the second being a clear exaggeration, but also dates well after the story of Boxley Abbey, which could have reached the Island by a number of routes, particularly from the contacts between Jersey and Geneva. Bullinger in Zurich knew the tale, and we know he corresponded with Calvin in Geneva. Protestant Jerseymen had fled there in Queen Mary's short reign. Did the Chronicler, as is likely, know the story of Boxley Abbey? Was this the impetus for a Jersey version of the deceit?

So what are we to make of these stories. The most likely story is that Dean Mabon was a man of genuine piety, despite his involvement in politics (which was not uncommon for Deans in those days) who genuinely wanted to give some of his experience of pilgrimage to the people of Jersey. He was devoted to the cult of Mary, and may well have believed he had visions of her, and encouraged others to come themselves. At his death, we know he was building elsewhere yet another chapel, which is in keeping with the idea of a pious man, as is his surrender of lands and chapels at Hougue Bie. As  Joan Steven's notes: The portrait of Richard Mabon by Hans Holbein is that "not the face of a villain, but the face of a dreamer". And only a dreamer would trek to Jerusalem as a pilgrim.

Mabon the Pilgrim and his friends
By A.C. Saunders

During the suspension of Helier de Carteret, we know that one Jasper Pen was appointed by Sir Hugh Vaughan as Bailiff of Jersey and that he had as his colleague and adviser Dean Mabon, Rector of St. Martin. We know but little of Pen and what we know is not to his credit.

The old chronicler tells us that when at Southampton, he as Bailiff sold to some Spaniards a cargo of wheat from the Island of Jersey, and they advanced him the sum of forty pounds on the cargo-a very large sum in those days. In due course the Spaniards arrived in their ship in St. Catherine's Bay to get this cargo, but Pen, secure in Mont Orgueil Castle, pretended to know nothing about it. The Spaniards, seeing they had been duped, decided to take action to recover their money. They ascertained that the Dean was the next important official in the Island, and, having discovered the lie of the land, they landed one night a dozen men and made for the house of the Dean in the Parish of St. Martin, and on arrival, knocked loudly on the door. All the inmates were asleep but the Dean, hearing the noise, jumped out of bed and, as he was, went to ascertain what the trouble was about.

One of the Spaniards spoke English fluently, and, in answer to the Dean, he said he had an important message from the Castle, upon which Mabon opened the door and was immediately seized by the waiting Spaniards. They had no time to lose if they wished their adventure to be a success and so, bareheaded and barefooted and dressed in his night clothes, the Dean was hurried across the country to St. Catherine's where he was taken in a bleeding and fainting condition on board the Spanish ship. Here he was well treated but was told that unless he paid the sum of forty pounds, he would be taken to Spain.

Mabon had seen much of the world and knew that, as an Ecclesiastic of rank, they would not dare to take him to that country to tell his sad tale. In Spain the Pope's will was all powerful and most likely they would, if he refused to settle their demand, end the difficulty by throwing him overboard. So he managed to have the money paid and he was set ashore better clothed than when he went on board. He brought the matter before the Jurats and Governor. Unfortunately for Mabon the only satisfaction he got was that they treated the matter as a huge joke and told him that he was a fool to part with his money.

Vaughan and de Carteret returned to the Island apparently great friends but it was only on the surface, and Pen resented being deprived of a post out of which he saw great possibilities. Therefore it is not surprising that he should wish his supplanter a speedy end of his triumph. These were troublous days when those in power sought only their own ends, often irrespective of the laws of honour and justice.

Pen had a powerful friend in Sir Hugh Vaughan, who was still very resentful about his treatment by the Privy Council in his action against the Bailiff. So it is not surprising that one day when Helier and his brother John were walking in the market they heard a man shout out: "Donnez vows gard Monsieur le Bailly ou outrement vous etes mort! " The man had seen Pen and a servant following the de Carterets with drawn swords hidden under their cloaks. Upon hearing the warning Pen and his man rushed at their intended victims but the warning had been in time and with his small hanger Helier parried the thrust from Pen's sword, and John, having drawn his sword, smote that of the servant with such force that it broke off at the hilt and the man immediately bolted. Pen, thus left alone with two infuriated opponents, seized his opportunity, and seeing the door of a neighbouring house open, he slipt in and bolted the door. We know little more of Pen, but later on we gather that he died in a very suspicious manner for at the inquest we read: " the inquest knoweth not what auctoritie the King's grace highness gave hym nother hove he dyed. And they sawe the said Jasper a litill afor he dyed in the said Isle wt one called Fetypas."

But it was stated that " he had no sufficient lernyng for to exercise suche office of Justice as the bayleyship is there."

Mabon was made Dean of Jersey on several occasions and it was in the year 1509 that he was first appointed and soon afterwards started on his pilgrimage to Jerusalem. It required a brave enthusiast to undertake such a journey in those days when travel would be slow and often on foot with many halts on the way. There would also be the difficulty of language and he would have to pass through countries where even the dress of a holy man was not respected. However, he managed to return to the Island in safety and exercised the office of Juge-Delegue from 1524-1527, having been appointed to such duties by Royal Letter dated August 1524. He was Rector of St. Martin, the richest living in the Island, from 1514 to 1541, and was appointed Dean for the last time on 20th May, 1542, and died on the 14th June, 15:43.

His father, Colin Mabon, belonged to St. Saviour and owned land there and it is probable that it was through his father that he became the owner of La Hougue Bie.

We know that on the 11th May, 1533, the feast of St. Perrenelle, he appeared before the Lieut.-Bailiff, Pierre de Carteret, and passed a contract in which it was stated that after his return from his pilgrimage " a fait edifier et fonder sur une certaine place nomme le Hougue-bie.. une chapelle en l'honneur de 1'Assomption a la Vierge Marie. et au but de devers l'Est de la dite chapelle, joignante a icelle, une autre petite chapelle.. nominee Jerusalem, et dessous icelle une autre petite oratoire en maniere d'un Sepulchre semblabie on veron au St. Supulchre do Jerusalem."

There was no doubt but that he was a very zealous priest and did everything in his power to encourage the devotion of the ignorant people to the church he loved so well. He hesitated not to work miracles for their benefit and made them believe that in the " Sepulchre " he had built, the Virgin Mary often appeared to him. The old chronicler, writing at a time when anything tending to Rome was in great disfavour, describes him as an idolater and adorer of images, who imposed upon the ignorance of the people in order to obtain their offerings. Evidently there was some truth in his statement, for when the Royal Commissioners arrived in 1531, one of the complaints was that " wt out grete supporte the saide Mabon Dean shulde not ixacte of the poor people at his pleasure as he dothe."

He died worth a good deal of money and property, and he left the Hougue-bie to two priests, Maitre Jacques Amy and Sire Lucas Falle, Jerseymen, so that they might say masses for his soul and for those of Colin Mabon, his father, and Tassine, his mother. A considerable part of his possessions he left to his sister Marion, who had married Jermyn Mourant, and to her son Drouet Mourant.

And thus a notable figure in Jersey history passes away and at the Reformation all his wishes, as regards the chapels at La Hougue Bie came to nought. For many years after they were left to go to rack and ruin, and the money he had left for religious purposes passed into other hands.

When he died the world was in a very unsettled state. The church had become very rich and powerful, and proud prelates, not content with their religious duties, endeavoured to obtain the great state offices in the political world, much to the detriment of their religious work. Even in Jersey we see Dean Mabon acting as judge Delegate, although it was ordered that he must not interfere in criminal matters as they might clash with his religious duties.

Men were holding many benefices, leaving a curate to carry on duties at a small income, whilst they took possession of the revenue. Curates in those days were expected to live on 20 to 3o francs per annum, but at that time the franc or livre was worth 20 pieces of silver and each piece of silver was valued at 12-14 pence. Bishop Gibson tells us of twenty-three clergymen who each had eight benefices. The result was that irregularities and immoralities crept in and were often connived at by those in authority, with the result that the church, which was the church of most people at that time, acquired a bad reputation through the misdeeds of the few.

Wareham and Wolsey endeavoured to suppress the irregularities and many useless monasteries were abolished and the money used for the better education of the people. With the new learning and the new religious teachings from Germany, many thoughtful men began. to ask themselves whether all was well with the church which they and their fathers had followed so devotedly. Thus the seed of the reformation was sown and later on we will try and see how it affected the little Island of Jersey.

Saturday, 2 March 2013

Postcard from London

Email and texts and Tweets are all wonderful means of instant communication, but there is actually nothing quite like the thrill of a postcard coming through the door. Like a Tweet, it has to be fairly short, but it is not as ephemeral. The pictures on it stay, visible, perhaps propped up on a mantelpiece to see every time you go past. This poem is about postcards and romance...

Postcard from London

Through letterbox, a postcard came today:
Waiting for me as I came in the door
Leaving your hand, in a pillar box, on the way
Until I reached to take it from the floor

Lots of pictures, famous London sights
Buckingham Palace, Trafalgar Square
St Paul's Cathedral, all these delights
Makes me so wish that I could be there

But real treasure was on the other side
Words to me, on dreams come true
Of how we met, and walked side by side
Of time in Jersey, when I first met you

From London to Jersey, a postcard is sent
Just one piece of card, but a joyous event.

Friday, 1 March 2013

The Case for Option C

"Politically I would suggest that the following strands intertwine themselves through the consciousness of the Public.
1) There is significant support for the retention of the Constables within the States Assembly.
2) There is strong support for the Island wide vote (i.e. position of Senator).
3) There is a recognition that the present political system has very strong 'grass roots' connections. For example both Deputies and Constables are elected through the Parish, and because of those strong connections to the Parish, are regularly seen at Parish events, are easily communicated with etc etc. " (Deputy John Le Fondré, submission to Commission)

"It is worth repeating that no top-level jurisdiction in the world uses equalised population (or registered electorate) as the sole criterion for representation. Issues of practicality, the imprecision of the data the exercise is based upon, stability of boundaries over time, representation of communities and the protection of 'small states' all affect the distribution of seats." (Lewis Baston , Electoral systems research)


Supporters of the A-Team are widely touting Option A as "the only democratic option". But I think there might be growing support for Option C.

Option C keeps the existing status quo, which will lead to a reduction in Senators to 8, a general election to be moved to the Spring, and a four year term of office. Yet it keeps the existing inequalities regarding the Parishes, and in particular, the Parish of St Mary. So who would vote for it, except people who want to perpetuate those inequalities.

The answer is very simple. There is no option for "None of the above" as that was ruled out of the States, yet I know from speaking to quite a few States members that they are really unhappy with the way the Electoral Commission has come up with its proposals; in particular,

- they want the Deputies as well as the Constables to keep a Parish connection
- they think that the Clothier recommendation that those outside the Executive (Council of Ministers and Assistant Ministers) should number more than the Executive to keep it in check; a proposal which took formulation in the "Troy Rule".
- they think that the number 42, and the obsession with reducing numbers, is a mistake, especially as a Justice Ministry and a Foreign Ministry have both been proposed, increasing the number within the Executive
- they note that 42 could potentially lead to a hung vote, and they don't think that is good for democracy

In fact, on numbers, the report by Alan Renwick, University of Reading notes that:

"International political science offers one principal insight on this issue: broadly speaking, the membership of the lower (or sole) chamber of a country's national legislature tends to be roughly equal to the cube root of its population....The cube root law reflects the fact that, as we move from small to larger countries, the size of the legislature tends to rise, but at an ever declining rate...Jersey's population, as of the 2011 census, is 97,857. By the cube root law, this implies a legislature of 46 members, only slightly below the actual figure of 51."

Regarding Deputies and Parishes, much has been overlooked of the submission of Advocate Mark Renouf who felt he needed his own expert advice, and commissioned out of his own pocket, an independent report by Lewis Baston.  As he noted, "Mr Baston is a well known academic expert on electoral systems and is currently a Senior Research Fellow of Democratic Audit, a research organisation based at the University of Liverpool. Inter alia, he assisted a committee of the States of Deliberation of Guernsey in advising on electoral systems in our sister island."

Advocate Renouf noted that the report by Mr Baston showed that "by reference to international standards, the present system is not perfect (none is) but it is acceptable. IF it is thought that some further adjustment is necessary to equalise voting power, it is quite clear that various adjustments can be made without removing the Constables from the States."

He also argued that "we should maintain all three types of representation in the States: they give a blend of different talents, life experiences, and types of representation to the electorate."

Mr Baston does a tabular analysis of voting, and notes from this that:

"Jersey scores relatively poorly in two criteria for electoral equality - the overall variability of the ratio between electors and representatives, and in the relatively small number of electoral districts that fall close to the average. Nevertheless, other democracies from the same tradition, such as Canada and Jamaica, are comparable."

"Jersey, however, scores impressively on another measure of electoral equality by numbers. The spread between the largest and smallest ratio of representative to electorate is narrow, more so than in the UK and not far off highly equalised jurisdictions such as the US, Australia and England."

Regarding keeping Parish boundaries, he notes that:

"Legislative boundaries usually take account of internal boundaries within the state, for instance each State of Australia or the US is allocated a whole number of seats and cross-border seats are unacceptable. The same is true under both the 1986 and 2011 versions of the UK rules for the four nations of the UK. Under the 1986 rules, English and Welsh counties were regarded as being units entitled to whole numbers of seats and under the 2011 rules the nine English regions are similarly regarded, although in each case this is not guaranteed by statute. "

He suggests that the Parishes follow this same procedure regarding legislative boundaries and internal boundaries:

"The division of Jersey into Parishes is time-honoured and the boundaries between them are very stable (for instance there is no 'St Helier metropolitan authority' although the urban area spreads across parts of three Parishes and each Parish also contains rural areas). It is reasonable to regard Parishes as being of the same level of importance as the English counties under the 1986 Act and the regions under the 2011 Act. Because of the small overall size of Jersey and the small size of certain Parishes, this introduces more inequality into the ratio of electors to seats, although this is the consequence of preserving these strong traditional Parish boundaries."

He also notes that effectively by being a unicameral system, the States combine two different patterns of representation:

"Many larger states, particularly those that use the most 'equalised' systems of drawing up constituencies such as Australia and the United States, have a second chamber where representation is based on a criterion other than population. That Wyoming and California each have two Senators makes the voter in the small-population state vastly stronger than the Californian in terms of voting power in Congress."

And he says that in the unicameral Jersey system, Constables can be seen as analogous to how second chambers are set up, which is not on the basis of proportional representation, but State representation in America; that's what is known as the Sherman Compromise. Could Jersey live with a similar compromise?

"Representation of Constables in the Assembly can be seen as performing analogous functions to some of these second chamber systems, such as giving representation to the territorial integrity of well-established units within the country and representing a different tier of government - Constables also represent the interests of local government within the overall political system."

So how can the system work better. Well, he has some suggestions, principally that "redistribution of Deputy seats would achieve more equality of numbers without changing long-established constitutional features like the representation of Constables. "

"This analysis has assumed that each Parish has a de minimis allocation of a Constable and one Deputy; allowing only a Constable to represent St Mary (i.e. abolishing the separately elected Deputy) would improve equality without enlarging the Assembly so much but may not be considered desirable. One of the positive features of multi-member constituencies is that representation can be adjusted by changing the number of elected representatives rather than disruptive boundary changes."

"If this de minimis is reduced to that of a Constable and no additional Deputy (after all, a Constable is a Deputy with an additional local role, and in many jurisdictions individuals may combine local and national office), greater equalisation is possible without increasing numbers. Removing Deputies from St John, St Mary and Trinity, and adding them to St Brelade-2, St Clement and St Helier-3, reduces variability to 14.2 with no increase in size. It would also reduce the spread between the most and least represented electors with the smallest (St Mary) being 84 per cent of average and the largest (Trinity) being 128 per cent of average. This spread, which is probably for the public the most intuitive measure of electoral inequality (it is most quoted in UK discourse) even though it is a crude measure, would be smaller in Jersey than in any other top-level jurisdiction studied in this analysis: smaller than the United States House of Representatives, for instance. "

So there may be a lot to be said for Option C, and perhaps we shouldn't be too quick to rule it out as an option. It could give a breathing space for looking at a better model, like that suggested by Mr Baston, for Parish systems.

I'm not saying I would vote for it; I would simply say that the single minded concentration on numbers of Option A overlooks some of the arguments above. It should be noted that in speaking of representation, the Venice Commission says:

 "the maximum admissible departure from the distribution criterion adopted depends on the individual situation, it should seldom exceed ten per cent and never 15%, except in really exceptional circumstances (a demographically weak administrative unit of the same importance as others with at least one lower-chamber representative, or concentration of a specific national minority)."

Which makes the implicit assumption that there will probably be upper chamber representation, which may be on quite different lines. In fact the Venice Commission on bi-cameral systems notes that "It is very difficult to identify a pattern and there is an extraordinary heterogeneity of models for selecting the members of Second Chambers", which ties in with Mr Baston's comments about the USA.

Option C? We'll see!

Thursday, 28 February 2013

Incident in Parish Website

I've no problem with Simon Crowcroft using his personal blog to state his views.

That's at http://sthelier.blogspot.com/   

But should he be stating them on "Your Parish Online" website? The official website for the Parish of St Helier? Should an Official Parish Website endorse Option A?

In my opinion he should not be using the Parish website to progress personal opinions on the referendum. That is an abuse of the website which is essentially a tool of the municipality to provide information and deliver certain services - not a political forum or to publish personal opinions.

http://www.sthelier.je/blog/   

That does seem to be using a Parish facility which should be neutral, to promote a viewpoint. Should the Procureurs or Deputies also have a say? I would have thought the Parish site should be non-partisan, and personal views kept to a private blog, not one which appears to be an integral part of the website, as this does. This seems to say "The Parish says...". If you look at the other blog postings by Simon, they are regarding general matters, mostly relating to the Parish, not political propaganda.

The St. Helier website (st.helier.je) is the Parish's own, not part of the.gov.je intranet which provides the 'official site'. But I think it is still wrong for the Constable to apparently 'hijack' it for personal purposes.

I wouldn't agree with Constable Dan Murphy who Tweeted "Surely in order to preserve his integrity Crowcroft must resign as a constable now". After all, Constable Len Norman is on record - a video still exists online - in 2012 of saying the Constables should not sit in the States. That's personal opinion. It's on a private blog. It is not part of an official Parish website of St Clement. But the St Helier site has a tab marked "Blog", that fits seamlessly into the website; it's part of the website, not a private and separate blog.

Is the Town Crier also going to become a mouthpiece for the Constable's message about Option A? The last election in 2011 saw what I think was a very detrimental effect of Parish magazines being use as election platforms. St Saviour's magazine, La Cloche, did have a pull out where all the candidates could have a photo and brief resume (and it mistakenly put Rob Duhamel's twice, one under Roy le Herrisier's photo) and it also had paid advertising at special rates for those who wanted extra coverage. Grouville had an option to have a flier, which happened to go out with just one of the candidates for Deputy by an oversight.

I think these approaches are mistaken in their use of a Parish Magazine. A Parish magazine should inform people where to vote, how to vote (pre-voting, postal voting), and when to vote. But they shouldn't become political platforms or take sides; neither should the Parish website. St Brelade's Parish magazine was completely neutral, even to the extent of having the Chef de Police give the Constable's message (as it was a contested election for Constable), and having a guest editor to ensure independence (as the editor was standing for election). And believe me, that guest editor did not stand for any politician trying to sneak in a political advantage by way of a news story.

And even more so, I think that using a Parish website to effectively support Option A is not right, any more than using one for Option B or C would be. If the Parish website has any information, it should be to outline the Referendum options, give details of districts and times for voting, give information on pre-voting or postal voting. It should not be used as a platform for the Constable's own views.

I think he should be respectfully asked to remove it.

Wednesday, 27 February 2013

The General Condition of the Island

Unlike G.R. Balleine's History of Jersey, the earlier series of books on the history of Jersey by A.C. Saunders have a much sharper focus on social history; that's not to say they don't mention the significant political events of the day, but Arthur Charles Saunders writes much more passionately about social conditions of the day.

In this extract from "Jersey in the 15th and 16th centuries" (1931), he is looking at how the common man or woman fared in that period, and how they lived their lives. There is an undercurrent of righteous indignation about those conditions in his prose, and it is hardly surprising when you read of the burden of time and taxes that the great majority of the population had to suffer. It is something that Balleine skims rather more lightly over.

It is also notable that unlike Balleine, Saunder's interpretation of witchcraft is very different. Balleine largely bought into the model proposed by Margaret Murray (Witch Cult in Western Europe, 1921), of an underground pagan society of devil worshippers, which has long been discredited by the evidence unearthed by modern academic historians such as Norman Cohn, Owen Davies, Keith Thomas, Ronald Hutton, Brian Levack, to name but a few. Saunders sees witchcraft as an outcome of the general ignorance and bad fortune which beset the poorer people, and places accusations in the context of the jealous neighbour; in that respect, he is closer to the modern approach by, for example, Robin Briggs in "Witches and Neighbours" (1996) and has not dated as badly in his interpretation as Balleine.

The General Condition of the Island
by A.C. Saunders

We know that St. Helier was the principal "town in the island, and was then called a bourg, and consisted of but few houses grouped together around the church. Mr. Nicolle, the late Viscount and Historian of Jersey, has written a very delightful book, " St. Helier " which has recently been published by the Société Jersiaise, and he therein describes the town as it was at this period.

The bourg was absolutely unprotected from the sea and was liable to attacks from the many pirates who infested the neighbouring waters, and, at one time it was proposed to remove the town to the Mont de la Ville, where, at any rate, the people would have been better able to defend themselves against such disagreeable visitors.
 
There were many quaint customs and laws in the Island which had been imposed upon the inhabitants by those in power.
 
All householders had to give one day's labour each year in helping to keep the old castle in proper repair, and if they failed to appear to do such work, on the day appointed by the Crown officers, they had to pay three and a half sous for the day's work thus avoided.
 
The several parishes had to provide labour for the conveyance of stores, provisions, wines, hay and other things for the use of the officers and soldiers at Mont Orgueil Castle, and butchers and fishermen had to call twice a week with their goods to supply the needs of the Governor and garrison there. Then the King's tenants in the Vingtaine la Rocque had to find two boats at all times of need, and after reason-able and lawful warning, to pass on messages and carry letters to Guernsey. Farmers could only brew their malt in the King's brew houses and grind their corn in the King's mills, and at the King's mill at Grand Vaux those who had no corn but had land, must come three times a year-viz.:-
 
"At ye feast of All Saints, at Christmas and at Easter with two bushels of corn," and for every default they incurred the penalty of " ye fourth part of a cabotel of common come accustomly called a Carehonmon of Mouture," otherwise they were liable to severe punishment. Timber had to be carted for the use of the mill free of charge, each man "according to ye proportion of his tenement if he holdeth it of the King." There were other King's mills at Gigoulands, in St. Mary's parish, and the mill at Milender. Then all goods belonging to strangers had to be weighed by the officer appointed to keep the King's weights. Then there were rent wheats due to the Crown payable at " Ye feast of ye Nativity of our Saviour, called Christmas, or within any of ye twenty-one days next before ye said feast after proclamation made in ye market place in this behalf and if not paid then it shall be lawful to the King's Receiver to distrain or imprison at his pleasure."
 
Then there were the Poulages and Pains payable at Christmas; and the Dismes or Tythings due to the King's Majesty, viz., half a sheaf of corn or flax ; the Verpes, viz., fees due for damage done by beasts and cattle trespassing on lands planted with corn and grass ; Essiages, paid by those engaged in fishing for conger payable at " Ye feast of ye Exaltation of the Cross," otherwise Holy Rood Day, the 7th September ; Amerciements and Casualties owing by reason of Amends, defaults and disobedience of the King's Court ; Moneage or Fouage levied every three years at 12d. from every householder except the priest and clergy, gentlemen, and such as be free holders, and their servants, and every widow woman having an annual value of forty shillings in goods besides her clothes and apparel ; Tavernage payable at Michaelmas, paid by all who sell " Ale, biere or Syder over and above ye Tavernage of wine " . Estrants or Wrecks of ye Sea belonged to the King's Majesty, who had the only prerogative as Customary of Normandy, and he claimed all pieces of gold and silver above twenty franks, all great horses, Spanish hawkes, precious stones, all scarlet cloth, packs of old clothes packed together, all whole pieces of silk, and all kinds of poles, " ye cometh to ye land of himself or taken upon ye dry ground."
 
And then we have some among others of the many laws which regulated the lives of the people, who were always liable to the tyranny of those in power, and were little better than beasts of burden. They lived under the most unhealthy conditions in hovels hardly wind and rain proof, with clay floors and small openings in the walls, often not glazed, without any system of drainage, dung heaped against the walls and with shallow stagnant pools at their doors.
 
No wonder we often come across records of plague and pestilence, and yet it was not until the middle of the sixteenth century that Solomon Journeaux, son of Jurat Journeaux, the first medical man, was allowed to practise in the Island after having duly sworn obedience to the Court.
 
No wonder the people discovered their own weird remedies for their many ailments, with the result that it was an age of the survival of the fittest. Sorcery and witchcraft were feared yet sought after, and it was no difficult matter to have an unpopular woman condemned as a witch, who had worked for the illness or misfortune of some neighbour. Toil and sleep sufficient to keep up the daily routine did not allow much time for the cultivation of intelligence, and those who suggested in any way that they were the subjects of injustice, only opened the way for the more brutal treatment of themselves. We hear of the good old days, but they were good only for the very few, and the great majority were subjected to a slavery which we can little understand at the present day.
 
Those in power had little hesitation in using the authority they possessed, and for those whose dawning intelligence suggested unjust treatment there was very little scope, for punishments were severe and there were prisons, mutilations, whippings and the gallows always ready for the agitator. And thus we find a cowed people, and at nightfall when the farm gates were shut, we can imagine how, as they sat in their dimly lit living room, the mysteries of life lent themselves to the superstitions of the age.
 
Their outlook was limited to their immediate neighbourhood and the petty affairs of their neighbours, the sickness of a child or grown-up person, the death of a cow, a bad crop, and we can well imagine how some unfortunate woman, probably unpopular because of her greater intelligence and bitter tongue, gradually getting ostracised and accused of witchcraft and bringing disaster upon those who had offended her. Had not someone seen her running in the shape of a hare, from a field where a sick cow had been found ? And one rumour followed another until she was credited with supernatural powers. At first, probably, she may have been flattered by the fear she managed to instil among her neighbours, and gradually, as her loneliness increased, her mind became warped, she came to believe that she had really the powers with which her neighbours credited her.
 
And then there were those mysterious stones, dolmen and menhir, which were to be found in all parts of the Island, and tradition had handed down how, by carrying out certain rites at certain hours, certain benefits might be obtained by those who dared.
 
Thus as evening drew near and the people gathered together round their fires in their dimly lit living rooms we can imagine that, after the conversation had passed outside the ordinary routine of the day and the discussion of their neighbours' affairs, it was carried on in whispers and with much fear and trembling about the many mysterious things around them which they could not understand.
 
And their pleasures were few and far between. They had the feast and fast days, when they met at certain parts of the Island, where they practised archery, danced and made merry. Archery was encouraged so that they might be of use in case of invasion, And as the day passed by they, with the aid of cider and other drinks, became merrier, noisier and sometimes quarrelsome, until such time when they had to return to their hovels to sleep off their dissipation and prepare themselves for the next day's toil.
 
There was little scope for social improvement. Wages were hardly earned and barely sufficient to provide necessary food, and those in authority saw that the scale of wages was regulated by law under severe penalties. Even skilled artisans could not earn more than sixpence a day, and later on Sir Thomas More, the Chancellor, and author of " Utopia," tells us that the condition of the labouring beast in his days was better than that of the labouring man.
 
But with the dawn of education, people were gradually beginning to recognise that the social condition of the people was not as it should be, and, although ignorance and superstition, supported by charms, spells, curses, ghosts, witchcraft, and other sorceries, still remained, the gradually increasing power of the common people in England and France was beginning to be felt even in the little Island of Jersey, and a silver lining was showing through the dark clouds of ignorance and despotism which had, for the greater number, killed the joys of life in the past.