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On this page you will find images of the frontispieces of the principal customary law texts and sources referred to in Guernsey law concluding with a detail from one of Guernsey's Royal charters. Guernsey law firms generally have these texts in their libraries. They are also to be found in the Royal Court Library. Some titles may be found in the Priaulx Library.
Although they are difficult to find, many can still be bought, albeit the larger and rarer works are very expensive. A good local source is N. & D. Ozanne Limited, Tel: +44 (0)1481 26 50 59. Try also sites such as http://www.livre-rare-book.com/ and www.bookfinder.com. Another useful resource is the French eBay website: www.ebay.fr.
Below is the frontispiece of the 4th volume of a collection of the coutumes of France. This volume begins with the 13th century coutume of Normandy followed by the 16th century reformed custom. The book itself was published in 1724.
There follows the frontispiece of Terrien's commentaries. This is a first edition published in 1574.
Continuing chronologically, there follows Thomas Le Marchant's 17th/18th century fierce commentary on L'Approbation of 1583. L'Approbation was the report prepared by the then Bailiff and others in response to an order of Queen Elizabeth I to define Guernsey law. This was done by reference to Terrien, but not done well. Although Le Marchant wrote at some time between 1650 and 1713 (he appears to have led a long life, indeed he was a cleric who had been dispossessed of his livings in 1650 because of his refusal to abandon Calvinism) his text was not published until 1826.
The next general text on Guernsey law was written at some time before 1769 when its author, Laurent Carey, died. He was a Jurat of the Royal Court and described his work as an Essay on the Institutions, Laws and Customs of the Island of Guernsey. The work was again not published until 1889.
Gallienne was an Advocate of the Royal Court and a colourful figure. He published his work on Saisie and Guarantee in 1845. This is the frontispiece:
Jeremie too was an Advocate of the Royal Court. He showed himselt to be an impressive figure when giving evidence before the Commissioners in Jersey in 1861, the transcript of which survives. He produced texts on Real Property and Taxation in Guernsey. The former went through more than one edition. This is a combined edition from 1866:
There are many other texts which a Guernsey lawyer studies when the need arises. These include the works of Basnage. The frontispiece of the 4th edition published in 1778 is pictured below. The portrait is not of Basnage but the dedicatee of the work. Basnage himself died in 1695 at the age of 80.
Houard's dictionary of the coutume of Normandie is very helpful. It was published in 1780. Houard was an Advocate of the Parlement of Rouen.
A less commonly referred to work is L'Esprit de la Coutume de Normandie, a collection of noteworthy judgments of the Parlement of Normandy. It was published in 1720. The picture here is of the Royal Court Library's copy which was Gallienne's own copy and bears his signature.
Norman customary law was supplemented by Royal Ordinances and Roman law. There was no attempt to re-invent contract law given the legacy of the Roman jurists, merely evolution. It follows that a figure such as de Ferriere was translating Justinian's institutes into French in 1719. Here is the frontispiece:
In the works of Pothier (1699 - 1772) we find customary law (admittedly that of Orleans) and Roman law meeting to produce what would become modern French law. Pothier was one of the principal sources for the Code Civil of 1804. This is an image of a 2000 reprint of an 1806 translation into English of Pothier's principal work, his Treatise on Obligations.
Modern French law continued to have an influence. The works of 19th century French authors had and continued to have an influence. These include Fournel's 1812 Treatise on Neighbourhood:
and Pardessus' Treatise on Servitudes (the 1838 edition is pictured here):
Here is the Code Civil itself, the 2005 edition. The Code is best seen as a synthesis of the customary law which went before it an evolution rather than revolution. It is a legitimate source for those areas of Guernsey law which are still customary/French law leaning.
And finally a detail from one of the Royal charters made in respect of Guernsey over the centuries. This is one of the most attractive and shows Queen Elizabeth I enthroned. It dates from 1559 and confirms the Island's privileges. Details from the charters ornament each of this website's pages. See generally Dr Tim Thornton's book, The Charters of Guernsey, Woodfield 2004, ISBN 1-903953-65-0.
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