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A41855 The great and ancient charter of the Cinque-Ports of our lord the King, and the members of the same Cinque Ports (Association); England and Wales. Sovereign (1660-1685 : Charles II). aut 1682 (1682) Wing G1632; ESTC R215891 50,885 142

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THE Great and Ancient CHARTER OF THE Cinque-Ports OF Our LORD the KING And of The Members of the same LONDON Printed by T. N. for the Mayor and Jurats of Hasting 1682. The Great and Ancient CHARTER OF THE Cinque-Ports CHARLES the Second Char. 2. By the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all those to whom these Our present Letters-Patents shall come Greeting We have look'd over the Letters-Patents of Our famous Predecessor the Lady Elizabeth late Queen of England Eliz. about Confirmation according to these words viz. Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. To all those to whom these present Letters-Patents shall come Greeting We have look'd over the Letters-Patents of the Lady Mary Mar. late Queen of England Our dearly beloved Sister about Confirmation made according to these words Mary by the Grace of God of England France and Ireland Queen Defender of the Faith and upon Earth of the Church of England and Ireland Supream Head To all those to whom our present Letters-Patents shall come Greeting We have look'd upon the Letters-Patents of Edward VI. Lord Edw. 6. late King of England Our Brother about Confirmation made according to these words Edward VI. by the Grace of God of England France and Ireland King Defender of the Faith and upon Earth of the Church of England and Ireland Supream Head To all those to whom Our present Letters-Patents shall come Greeting We have look'd upon the Letters-Patents of Henry VIII Lord Hen. 8. late King of England Our mo● dear Father about Confirmation made according to these words Henry by the Grace of God King of England and France and Lord of Ireland To all those to whom these present Letters-Patents shall come Greeting We have look'd upon the Letters-Patents of Henry Lord Hen. 7. late King of England Our Father about Confirmation made according to these words Henry by the Grace of God King of England and France and Lord of Ireland To all those to whom these present Letters shall come Greeting We have look'd upon the Charter of Edward IV. Lord late King of England made since the Conquest according to these words Edward Edw. 4● by the Grace of God King of England and France and Lord of Ireland To the arch-Arch-Bishops Bishops Abbots Priors Dukes Earls Barons Justices Sheriffs Chief Officers and to all Bailiffs and faithful Subjects Greeting We have look'd upon the Charter of Confirmation of Richard II. Lord late King of England since the Conquest made according to these words Richard Rich. 2. by the Grace of God King of England and France and Lord of Ireland To all those to whom Our present Letters shall come Greeting We have look'd upon the Charter of Confirmation of Edward Lord late King of England Our Grandfather according to these words Edward by the Grace of God King of England Edw. 3. Lord of Ireland and Aquitain To the arch-Arch-Bishops Bishops Abbots Priors Dukes Earls Barons Justices Sheriffs Head-Officers and to all Bailiffs and faithful Subjects Greeting We have look'd upon the Charter of Edward Lord late King of England Our Father according to these words Edward Edw. 2. by the Grace of God King of England Lord of Ireland and Duke of Aquitain To arch-Arch-Bishops Bishops Abbots Priors Dukes Earls Barons Justices Sheriffs Head-Officers and to all Bailiffs and faithful Subjects Greeting We have look'd upon the Charter which Edward Lord late King of England Our Father granted to the Barons of the Cinque-Ports according to these words Edward Edw. 1. by the Grace of God King of England Lord of Ireland and Duke of Aquitain To the arch-Arch-Bishops Bishops Abbots Priors Earls Barons Justices Sheriffs Head-Officers and to all Bailiffs and faithful Subjects Greeting Know ye that for the faithful Service which Our Barons of the Cinque-Ports have hitherto paid to Our Predecessors the Kings of England and to Us lately in Our Army in Wales and for their good Service to be continued for the future faithfully to Us and to Our Heirs the Kings of England We have granted and confirmed by this Our Charter for Us and Our Heirs to the same Our Barons and their Heirs all their Liberties and Acquitances The Liberties and Acquitances viz. so that they may be free from all Toll and from all Custom viz. from all Lastage Tallage Passage Carriage Riverage Bridg-toll and all Wreck and from all Sale as their Achat and Reachat through Our whole Land and Dominion with Soc and Sac Thol and Them and that they may have Infangtheff and be Wreckfree and Wittfree Lastage-free and * Lovecopefree and that they may have Den and Strond at Great Yarmouth according to what is contained in an Ordinance by Us thereupon made and for ever to be observed and also that they be quit from Customs to be done to Shires and Hundreds so that if any one brings an Action against them they shall not Answer nor Defend themselves otherwise than they used to do in the time of Henry Lord Our Great Grandfather as also that they may have whatever they find by Sea and Land and that they be quit as to all their Goods and Merchandising as Our Free-men and that they have their due Respects at Our Court and their Liberties through Our Dominions wheresoever they shall come and that in all their Lands which they were possessed of in the time of the Lord Henry Our Father viz. in the Forty fourth year of his Reign they be quit for ever from the General Summons before Our Itinerate Justices at what Pleas soever in whatsoever Counties their said Lands be as also they shall not be bound to appear before Our Justices aforesaid unless any of the Barons sue any Man or be sued by any And that they shall not be Impleaded but where they ought and are wont to be viz. at Shepwey Shepwey And that for the rest of their Liberties and Acquitances they have them as well fully and honorably as they and their Predecessors had them heretofore by their Charters in the times of the Kings of England Edward William the First and the Second King Henry Our Great-Grandfather and of Henry Lord the King Our Father as those Charters which Our said Barons have from thence and which We have look'd upon do reasonably testifie And We forbid any one to disturb them or their Trading upon pain of the forfeiture of Ten pounds to Us provided that if the Barons be defective in doing and taking Justice that the Warden of the Cinque-Ports to Us and Our Heirs for the time being shall enter upon their Ports and Liberties upon default of the said Barons to do full Justice there Provided always that the said Barons and their Heirs shall pay to Us and Our Heirs the Kings of England every year the full Service of Fifty seven Ships at their own Cost
and Successors be for ever free from all manner of Tenths Fifteenths and other such like Tributes and Tallages although they themselves or any of them be Agents in such Grants And We have further granted for Us and Our Heirs to the aforesaid Barons and Honest Men that none of them their Heirs and Successors shall for the future be put in any Assizes Juries Recognizances Attaints or other Inquisitions whatsoever without the Ports and Members aforesaid although they concern Us or Our Heirs And that none of them be made an Assessor Taxer or Collector of Tenths Fifteenths or any parcel of them or other Subsidies Tallages Taxes or small Summs whatsoever which are or shall be granted to Us or Our Heirs Nor be Collector of the reasonable Aid for the creating the Eldest Son of Us or Our Heirs a Knight or for the Marrying the Eldest Son of Us or Our Heirs Nor shall any of them be chosen or appointed Constable Bailiff or other Officer and Servant to Us or Our Heirs without the Ports and Members aforesaid against his Will And in case that any of the aforesaid Barons Honest Men or their Heirs and Successors be for the future chosen ordained or appointed to undergo and perform the trouble of any of the Offices or Employments aforesaid or to undergo perform or take any other Office against the force tenour and efficacy of this our present Grant although he shall refuse to undergo perform or take upon him those Offices or Troubles yet he shall in no wise upon that account incur any Fine Contempt Forfeit loss or damage upon his Body or Goods but that Our present Letters shewed upon Record by him before any Justices and Officers whosoever to Us and Our Heirs in whatsoever place through Our whole Kingdom of England shall upon that declaration remain in their force and virtue and by that shall be allowed to do the same without any Writ or Process to be thence further prosecuted And that whensoever there shall happen any Examinations to be made before Our Constable of Our Castle of Dover or before the Warden of the Cinque-Ports aforesaid or Admiral of the fame such Inquisitions shall be had taken and done within that Port or Member of the Ports and Members aforesaid where they of the respective Ports and Members by whom these Inquisitions shall be taken do live and dwell and no where else And that they who are mentioned and Empannelled in the Inquiries aforesaid shall no way be bound compelled or forced to go out of their respective Port or Member to any other place to take their Charge or deliver their Verdict Nor shall they nor any of them any way upon that account incur any contempt amerciament penalty forfeiture or any loss to Us or Our Heirs Wherefore We Will and strictly Command for Us and Our Heirs Wherefore We Will. that the aforesaid Barons and Honest Men of the Ports aforesaid their Heirs and Successors have all and singular the Liberties and Acquitances aforesaid and all the Premises by Us renewed to them and every of them and that for the future without any impediment of Us or Our Heirs Without impediment or Our Officers whosoever they for ever use and enjoy them Witness hereunto the Reverend Prelate Thomas Arch-Bishop of Canterbury and Primate of all England Our most Dear Brothers George Duke of Clare and Richard Duke of Glocester the Reverend Priors George Bishop of Exon Our Chancellor of England and Thomas Bishop of London Richard Earl of Warwick and John Earl of Northumberland Our most dear Cosins as also Our Trusty and Well-beloved Mr. Robert Stillington Keeper of Our Privy-Seal and Walter Blunt Knt. Our Treasurer of England and others Given under Our Hand at Westminster the Twenty third day of March in the Fifth year of Our Reign But We Ratifying and likeing the Charters and Letters aforesaid and all and singular the things contained in them do accept and approve of them for Us and Our Heirs as much as in Us lieth and by the Tenor of these Presents do Ratifie and Confirm them to Our Well-beloved Barons and Honest Men of the said Cinque-Ports and Members of the same and to their Heirs and Successors as the Charters and Letters aforesaid do reasonably Testifie In Witness whereof We have caused these Our Letters to be made Patents Witness Our Self at Westminster the Thirteenth day of December in the Third year of Our Reign But We Ratifying and likeing well the Charters and Letters aforesaid and all and singular the things contained in them do accept and approve of them for Us and Our Heirs as much as in Us lieth and by the Tenor of these Presents do Ratifie and Confirm them to Our Well-beloved Barons and Honest Men of the said Cinque-Ports and their Members and to their Heirs and Successors as the Charters and Letters aforesaid do reasonably Testifie In Witness whereof We have caused these Our Letters to be made Patents Witness Our Self at Westminster the Fifth day of March in the first year of Our Reign But We Ratifying and likeing well the Charters and Letters aforesaid and all and singular the things contained in them do accept and approve of them for Us and Our Heirs as much as in Us lieth and by the Tenor of these Presents do Ratifie and Confirm them to Our Well-beloved Barons and Honest Men of the said Cinque-Ports and their Members and to their Heirs and Successors as the Charters and Letters aforesaid do reasonably Testifie In Witness whereof We have caused these Our Letters to be made Patents Witness Our Self at Westminster the Twentieth day of November in the Second year of Our Reign But We Ratifying and likeing well the Charters and Letters aforesaid and all and singular the things contained in them do accept and approve of them for Us and Our Heirs as much as in Us lieth and by the Tenor of these Presents do Ratifie and Confirm them to Our Well-beloved Barons and Honest Men of the said Cinque-Ports and their Members and to their Heirs and Successors as the Charters and Letters aforesaid do reasonably Testifie In Witness whereof we have caused these Our Letters to be made Patents Witness Our Self at Westminster the Twenty seventh day of October in the First year of Our Reign But We Ratifying and likeing well the Charters and Letters aforesaid and all and singular the things contained in them do accept and approve of them for Us and Our Heirs as much as in Us lieth and by the Tenor of these Presents do Ratifie and Confirm them to Our Well-beloved Barons and Honest Men of the said Cinque-Ports and their Members and to their Heirs and Successors as the Charters and Letters aforesaid do reasonably Testifie In Witness whereof We have caused these Our Letters to be made Patents Witness Our Self at Westminster the Eigth day of March in the First year of Our Reign We have also looked upon the Letters Patents of the said Lady Elizabeth
for fifteen days at the Summons of Us or Our Heirs We have likewise granted to them of Our special Grace Utfangtheff that they may have Utfangtheff in their Lands within the Ports aforesaid like as Arch-Bishops Bishops Abbots Earls and Barons have in their respective Mannors in the County of Kent And that they shall not be Impannel'd upon Assizes Not be Impannel'd upon Assizes or Juries or any Recognizances by reason of their Foreign Tenure against their Will And that of their own Wines in which they Traffick they shall be quit from Our Right-Price Right-Price of Wine viz. of one Pipe of Wine before the Mast and another behind the Mast And we have further granted to the said Barons for Us and Our Heirs that they shall have this Liberty for ever viz. that We or Our Heirs shall not have the Guardianship or Giving in Marriage their Heirs upon the account of their Lands which they hold within the Liberties and Ports aforesaid for which they pay their aforesaid Service and for which We or Our Predecessors had not the Guardianship Giving in Mariage and giving in Marriage in times past But the aforesaid Confirmation of the Liberties and Acquaitances aforesaid and other Grants following We of Our special Grace have caus'd to be renew'd to them Provided always in all things there be nothing prejudicial to his Majesties Dignity to Us and to Our Heirs or hurtful to the Priviledges of Our Crown Life and Members Wherefore We Will and firmly Command for Us and Our Heirs that the Barons aforesaid for ever enjoy all their Liberties and Acquitances aforesaid according as the Charters aforesaid do reasonably testifie And that of Our special Grace they may have Utfangtheff in their respective Lands within the Ports aforesaid Utfangtheff after the same manner as Arch-Bishops Bishops Abbots Earls and Barons have in their respective Mannors in the County of Kent And that they shall not put in the Assizes Juries or any Recognizances upon the account of their Forreign Tenure against their Will And that in their own Wines in which they Traffick they shall be quit from Our Right-Price viz. of one Pipe of Wine before the Mast and another behind the Mast And that in like manner they may for ever enjoy the Liberty aforesaid viz. That We or Our Heirs shall not have the Guardianship or Giving in Marriage their Heirs upon the account of their Lands which they hold within the Liberties and Ports aforesaid for which they pay their aforesaid Service and for which We or Our Predecessors had the Guardianship or Giving in Marriage in times past But the aforesaid Confirmation of the Liberties and Acquitances aforesaid and other Our Grants following We of Our special Grace have caus'd to be renew'd to them Provided always in all things there be nothing prejudicial to his Majesties Dignity to US and to Our Heirs or hurtful to the Priviledges of Our Crown Life and Members as aforesaid Witnesses hereunto being the Reverend Father Robert Portunensis Bishop Cardinal of the Holy See of Rome Frier William de South Provincial Prior of the Fryer Preachers in England William de Valentia our Uncle Roger de Mortuo Mari Roger de Clifford Mr. Walter Stamell Dean of Salisbury Mr. Robert Scarborough Arch-Deacon of the East-Ridings Mr. Robert Sexton Bartholomew de Southley Thomas de Wayland Walter de Hopton Thomas de Normannel Stephen de Pencestre Francis de Bonona John de Levetot John de Metingham and others Given under Our Hand at Westminster the Seventeenth day of June in the Sixth Year of Our Reign This Charter before the Signing thereof was by the Kings command openly read in the p●esence of the abovenamed Witnesses and others of Our Council then present and was heard examined and agreed upon in the form above-written We have also look'd upon the Letters-Patents which the same Our Father made to the Barons aforesaid after these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To all Bailiffs and faithful Subjects to whom these present Letters shall come Greeting Know ye that for the faithful Service which Our Trusty and Well-beloved Barons and other Our Honest Men of the Cinque-Ports have hitherto paid to Us and Our Progenitors the former Kings of England and shall pay for the future We have granted to them for Us and Our Heirs that they and their Heirs the Barons of the said Ports shall for the future be ever free from all Tallages From all Tallages and Subsidies to be paid to Us and Our Heirs out of the whole or any part of their own proper Ships We have also granted to the same Barons and Men for us and Our Heirs That concerning the lawful things and Commodities which they in due manner shall buy within Our Dominion of Ireland Commodities in Ireland no one may be their Partners in those Things and Commodities nor partake with them in any wise against the Will of the same Barons and Men. We have further granted for Us and Our Heirs as much as in Us lyeth to the Barons and Trusty Persons aforesaid That all and every of them born within the aforesaid Cinque-Ports although they have Lands or Tenements without the Liberties of the said Ports which are held by such a Service as the Giving in Marriage upon the account of their being under Age Giving in Marriage which belongs to Us and Our Heirs according to the Law and Custom of Our Realm Nevertheless according to the Liberty of the Ports they may Marry themselves without the let or impediment of Us or Our Heirs for ever any Right to the contrary in any wise notwithstanding And therefore we charge you and every of you that ye molest not or disturb the Barons and Persons aforesaid in any thing contrary to these Our Grants In witness whereof we have caused these Our Letters to be made Patents Witness Our Self at St. Albans the Twenty eighth day of April in the Twenty sixth year of Our Reign We have also look'd upon some other Letters-Patents which Our said Father granted to the above-named Barons after these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To all those to whom these present Letters shall come Greeting Taking into consideration that the Navy of Our Cinque-Ports cannot be maintained without great Charge and Expences left the said Navy should fail or decay for the future We have granted for Us and Our Heirs That all the Members of the Cinque-Ports aforesaid and all other Advocants whatsoever that are willing to enjoy the Liberties of the same do contribute viz. every one according to his abilities to do Service to Us and Our Heirs with their Navy whensoever they shall be commanded by Us and Our Heirs In witness whereof We have caused these Our Letters to be made Patents Witness Our Self at St. Albans the Twenty eigth day of April
late Queen about the Grants to the Barons of the said Cinque-Ports and Towns of Rye and Winchelsea and Members of the same Ports and Towns and every of them and to their Successors the Barons of the said Cinque-Ports Towns and Members made after these words Elizabeth by the Grace of God We have look'd upon the Charters of Eliz. about Fifteenths Queen of England France and Ireland Defender of the Faith c. To the Treasurer Chancellor and Barons of Our Exchequer for the time being and to all other the Officers Ministers and Subjects of Us Our Heirs and Successors for the time being or which hereafter shall be to whom it shall or may appertain and to every of them Greeting Whereas it appeareth unto Us by one Record remaining in Our Exchequer amongst the Records of the Term of Easter in the Sixth year of the Reign of Our most Dear Grandfather King Henry the Seventh That John Convers of Winchelsea and William Warwyn of Dover Combons of the five Ports did come before the Barons of the same Exchequer the Seventh day of May in that same Term of Easter in their proper Persons and did exhibite to the said Court there a certain Letter of Attorney Sealed with the Common Seal of the Mayors Bayliffs Jurats and Barons of the five Ports and directed to the Treasurer and Barons of the same Exchequer the Tenor whereof followeth in these words To the Right Mighty and Noble Lord John Dynham Knt. Lord Dynham High Treasurer of England and to the full Honourable the Barons of our Sovereign Lord the Kings Exchequer at Westminster that now be We the Mayors Bayliffs Jurats and Barons of the Towns and Ports of Hasting Winchelsea Rye Romney Heth Dover and Sandwich at our Brotheryield-General at the said Town and Port of Romney the day of the Date hereof Holden Assembled that is to say William Nepsham Bayliff of Hasting Richard Martham Mayor of Winchelsea John Cheeseman Mayor of Rye John Cheynew Jurate of Romney Thomas Walton Jurate of Heth Edward Hextal Mayor of Dover and Thomas Aldy Mayor of Sandwich which send due Recommendations in all humblewise as appertaineth And whereas it hath pleased our Sovereign Lord by the Advice of his Council is Agreed that the Sustentation-Subsidy and maintenance of our Navy to do our old Service to our Sovereign Lord the King and to his Heirs Kings of England That at every whole Fifteenth and Tenth hereafter by the Commons of this His Realm to Him and to His Heirs to be granted the Collectors of the same and every of them within the Counties of Kent and Sussex from thenceforth shall have deduction in their Accompts betwixt them by the Certificate of the said Barons so that they exceed not the Sum of Five hundred Pounds Sterling for the Allowance of all Resiants and Advocants of their Allowance of all such Fifteens as from thenceforth shall be granted to our said Sovereign Lord the King and to His Heirs Kings of England and from thenceforth to be gathered and that his Highness willeth in that behalf that we nor our Heirs shall not in any wise exceed the Sum of Five hundred Pounds and that we should thereupon be bound by Recognizance before His said Barons in His said Exchequer at Westminster to the accomplishment of the same We the said Mayors Bayliffs Jurats and Barons certifie by these Presents that we the day of the making hereof have given full Power and Authority to our Right Trusty and Right Well-beloved Brethren and Combons Mr. John Convers of the said Town of Winchelsea and William Warwyn of the said Town of Dover our true and lawful Attorneys joyntly and severally in that behalf by the Advice of Learned Councel to bind us to our said Sovereign Lord the King and to His Heirs Kings of England by Recognizance in the said Kings Exchequer before the said Barons in all due and convenient Form and Sum reasonable after the said Wisdoms and Discretions of the said high-High-Treasurer and the said Barons for the accomplishment of the Premises that is to say That we nor our Heirs shall not from henceforth exceed the said Sum of Five hundred Pound In Witness whereof we the said Mayors Bayliffs Jurats and Barons the Seal of our said Brotheryield used and accustomed to thes● Presents have put at the sa● Town and Port of Romney th 12th day of April in the Sixth yea of the Reign of our said Sovereign Lord King Henry the Seventh Whereupon the said John Convers and William Warwyn being then present in the said Court in their proper Persons and admitted there by the Barons to be the Attorneys of the said Mayors Bayliffs Jurats and Barons of the aforesaid Ports to execute and do in all things according to the Tenor of the said Letter And the said John and William taking upon them the same did acknowledge the same Mayors Bayliffs Jurats and Barons to owe to Our said Grandfather One thousand Pound Sterling to be paid to Our said Grandfather in the Feast of the Nativity of St. John the Baptist then next coming And except they did perform it the said John and William in the stead and Name of the same Mayors Bayliffs Jurats and Barons did grant that Our Grandfather should cause to be levied the said Money of the Lands and Tenements of the said Mayors Bayliffs Jurats and Barons whereof they or any others or any other that were seized and of their Goods and Chattels to whose hand soever they should come and made that this Recognizance was under such Condition That if the Collectors of the Fifteenths and Tenths to Our said Grandfather then or to His Heirs Kings of England in the Counties of Kent and Sussex and elsewhere within this Realm of England from henceforth to be granted should not have Deductions in their Accompts to Our said Grandfather of such whole Fifteenth and Tenth to be yielded by the Certificates of the Mayors Bayliffs Jurats and Barons or their Successors from thenceforth to be above the Sum of 500 l. And if the said Mayors Bayliffs Jurats and Barons their Heirs and Successors by their Certificates to such Collectors in the said Counties of Kent and Sussex and elsewhere within this Realm of England of and for such whole Fifteenth and Tenth for the same Mayors Bayliffs Jurats and Barons and the Resiants and Advocants of the said Ports to be made and directed should not exceed the Sum of 500 l. at every such Fifteenth and Tenth thenceforth to be granted that then the said Recognizance should be void otherwise it should remain in his strength and effect as by the said Record remaining in the Custody of Our Remembrancer in Our Exchequer more at large appeareth And whereas further it appeareth unto Us by Letters under the Privy Seal of Our said most dear Grandfather King Henry the Seventh directed to Mr. Treasurer and the Barons of his Exchequer bearing Date at Westminster the Three and Twentieth day of June in the Ninth