Feudalism in the Channel Islands

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

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

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

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

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

The Coutume elucidates the divergence between Norman and English practices:

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

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

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

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

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

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

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

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

The ceremony of homage and reinvestiture in the Channel Islands is a unique feudal tradition, the only one of its kind still existing in the world today. Unlike the simplified forms of homage in the United Kingdom, this ceremony retains its historical significance and grandeur. Each time the reigning monarch of the United Kingdom visits the Channel Islands, the primary feudal lords, known as seigneurs, from the islands of Jersey and Guernsey participate in this ceremonial homage. These seigneurs are the same individuals who take part in the Court of Chief Pleas in Guernsey and the Assize d'Héritage in Jersey.

During this event, the seigneurs reaffirm their vassalage to the Crown and are ceremonially reinvested in their tenures. The ceremony is conducted in French, the traditional language of the Channel Islands' legal and feudal proceedings. Typically, one or more seigneurs will act on behalf of all others during the ceremony.

A recent example of this ceremony was highlighted in a BBC article, which outlines the continuing importance of this tradition in the Channel Islands.

The ceremony begins with the Lieutenant-Governor and the Bailiff, who escort the seigneur to His Majesty. The seigneur bows and kneels before the monarch, placing his hands together, palm to palm. The monarch then places His hands outside those of the seigneur, signifying the mutual bond of loyalty and service.

The seigneur declares his loyalty with the words: "Souverain Sire, je demeure votre homme lige à vous porter Foy et Hommage contre tous." (Translation: "Sovereign Lord, I remain your liege man, to bear Faith and Homage to you against all.")

His Majesty responds: "Nous vous acceptons, advouant tous vos légitimes droits et possessions relevant de cette teneure de nous, sauf pareillement à tous Nos droits de Régalité." (Translation: "We accept you, acknowledging all your legitimate rights and possessions deriving from this tenure of ours, subject equally to all Our rights of Regality.")

This ancient ritual underscores the continuing historical and cultural ties between the Crown and the Channel Islands, preserving a feudal relationship that has endured for centuries. Video of the Ceremony in Guernsey and Video of the Ceremony in Jersey

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

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

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

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

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

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

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

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

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

The current feudal layout of Guernsey was primarily established between 1020 and 1248. The early phases of feudalism during this period were crucial in shaping the island's feudal structure. The transition from absentee to resident lords, the consolidation of power by families such as the de Chesneys, and the establishment of the Royal Court laid the foundation for the social and political order that would endure in Guernsey for centuries.

The early history of feudalism in Guernsey is marked by the establishment and consolidation of feudal lordships, deeply rooted in the island's Norman heritage. The period before 1248 saw the foundation of the primary feudal structure that would shape Guernsey's social and political landscape for centuries.

• Phase 1: Initial Grants and Ecclesiastical Influence (1020 - 1061)

The first phase of feudal development in Guernsey began around 1020, with the original grants of two key fiefs: Bessin (West) and Cotentin (East). These grants were made by the Dukes of Normandy to loyal followers and ecclesiastical institutions. The fief of Saint Michel, which formed part of the fief of Cotentin, was granted by Duke William II to the Abbey of Mont-Saint-Michel, highlighting the significant ecclesiastical influence in the region.^[25]

During this phase, most of the feudal lords were absentee landlords, meaning they did not reside on the island but managed their estates from the mainland. This absenteeism limited the direct impact of feudal lords on the local population, and the feudal system was largely characterized by the indirect control of these distant lords. There is no proof that these fiefs had the same honor as the corresponding fiefs on the mainland.

• Phase 2: Establishment of Resident Lords (1061 - 1069 or Later)

The second phase of feudalism in Guernsey involved the establishment of resident lords. According to local tradition, this phase began in 1061 with the creation of the Fief d'Anneville by Samson d'Ansneville. The lore emphasizes that the island's structure was already in place before the Norman Conquest of England and states that Samson was commissioned by Duke William of Normandy to drive out pirates who had taken up residence on the island. After successfully securing Guernsey, Samson was rewarded by the Duke with a quarter of the island, thus establishing the Fief d'Anneville. The other quarter was granted to the Abbey of Mont-Saint-Michel as the Fief Saint Michel. ^[26]

The creation of the Fief d'Anneville marked a significant moment in the island's transition from absentee to resident lordship. Unlike their absentee predecessors, resident lords like Samson d'Ansneville had a direct and immediate presence on the island, allowing them to exert more control and influence over local affairs. This phase laid the groundwork for the island’s feudal system, establishing the close relationship between the ruling class and the local population that would characterize Guernsey’s social structure for centuries.^[27]

Historians such as Ferdinand Brock Tupper and Jonathan Duncan, in their respective works, emphasize the importance of this phase in consolidating the feudal structure of Guernsey. The establishment of resident lords not only fortified the island's defenses but also fostered the development of local governance and legal institutions that would later evolve into the Royal Court.^[28][29]

• Phase 3: Expansion and Consolidation of Feudal Power (1204 - 1248)

The third phase began in 1204, following the loss of Normandy by King John to Philip Augustus of France. This period saw significant changes in land ownership on the island. Many Norman lords who sided with the French King were dispossessed of their lands, which then passed into the hands of local Guernsey families or were retained by the Crown.

In 1248, the fief d'Anneville was transferred to Sir William de Chesney (also known as de Cheny or de Chene), a relative of the Governor of the Isles, Philip d'Aubigny. Sir William was an influential figure at the court of Henry III and held a prominent position in insular affairs. In 1253, he acquired the Fief du Comte from Baldwin de Vere. As Seigneurs of Anneville and a large part of the island, the de Chesney family continued to hold a significant position in insular affairs for the next two and a half centuries, even though they only occasionally resided on the island.^[30]

The de Chesney family’s acquisition marked a key moment in the consolidation of feudal power on the island, as their influence extended across multiple fiefs, thereby reducing the distinctions between the various original fiefs of Bessin and Cotentin.^[31][32]

• Royal Court of Guernsey

The establishment of the Royal Court of Guernsey during this period formalized the island's feudal legal system, introducing jurats who played a crucial role in local governance. The seigneurs, connétables, and the Bailiff were also present in the Court. This period also saw the beginning of the integration of the feudal estates into a more unified system of land ownership, which laid the foundation for the island's enduring social and political structures.

By the mid-13th century, the feudal system in Guernsey had become well-established, with local families like the de Chesneys holding significant power. The transition from absentee landlords to resident seigneurs, coupled with the formalization of local governance structures, solidified the feudal framework that would dominate Guernsey’s history for centuries to come.

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Feudal dues were historical levies imposed by the seigneurs and dames on properties within their jurisdictions. In Guernsey, these dues persisted until the late 20th century, adding substantial amounts to local conveyancing costs. Although several of these dues, such as poulage (once two fowls, later valued at 37 pence),^[33] were often seen as quaint remnants of the past, the one that stirred the most contention was the treizieme. Also known as congé, this charge was imposed by the seigneur on any property sale within his fief, essentially as a fee for his permission to buy the property. Historically, it represented a thirteenth of the sale price, but in Guernsey, it had been 2% for about a century.

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

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

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

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

The overall shift signalled a phasing out of private feudal dues in Guernsey. The local government would now collect the dues, a change that reportedly seemed more palatable to the island's residents compared to the earlier system.^[34]

The law was still modified in 2002.^[35]

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

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

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

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

Despite the abolition of feudal duties, the recognition of fiefs remains significant both legally and culturally in Guernsey, as exemplified by the Royal Court of Chief Pleas, and neighboring Jersey, as exemplified by the Assize d'Heritage. The Bailiwick of Guernsey has a distinct Norman heritage and legal system which sets it apart from the legal system of the United Kingdom. This Norman framework is confirmed by the presence of an independent Royal fief in the Bailiwick, namely that of Sark.^[36]

The tiny island of Sark was arguably the last feudal state in Europe which ended after 450 years in 2008. The island was a fiefdom of Guernsey and administered independently by a Seigneur, who was a vassal to the land's owner, the Monarchy of the United Kingdom. Sark's ruling body voted on 4 October 2006 to replace the remaining tenement seats in Chief Pleas with a fully-elected democratic government, which was implemented on 9 April 2008.^[37][38] About Feudal dues, in 2006 the seigneur of Sark agreed relinquished the ancient right of treizieme in exchange for an index-linked payment of £28,000 a year.^[39]

• Examples of feudalism
• Feudalism in England
• France in the Middle Ages
• History of Jersey
• History of Guernsey
• History of Normandy
• Manorialism