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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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Actions or Complaints of Assize of Fresh Disseisin or of the Death of an Ancestor or of Redisseisin which shall happen to be moved or redressed in the Courts aforesaid or any of them to appear to the Suit by the Summons Attachments or Distraint of the Sergeant of the Mace to the Mayors and Jurats and Mayors and Bayliffs and Jurats and Bayliffs of every Port Antient Town and Member of the Ports and Antient Towns aforesaid or any of the same respectively or by any other Officers who are or shall be deputed by them respectively for the same or by any other Officers to be deputed by the aforesaid Courts or any of them or by an Attachment of the Body of the Person or Persons by any such Sergeants of the Mace or other Officers to be Executed according to the Law and Custom of Our Kingdom of England or the Custom of any Port or Antient Town aforesaid or of any Member of the Ports and Antient Towns aforesaid respectively or according to the Custom used in any of our Burroughs or Counties within Our Kingdom of England And to hear and determine all and singular the Pleas Actions Plaints and Assize of Fresh Disseisin of the Death of an Ancestor or Redisseisin in any one of the Courts aforesaid respectively and to bring and determine them by such like Proceedings Considerations Judgments and Executions of Judgments by which they bring and determine such like Pleas Actions Plaints of Assize of Fresh Disseisin of the Death of an Ancestor or of Redisseisin according to the Law of Our Kingdom of England in any of Our Courts or according to the Custom in any of the Antient Towns aforesaid belonging to any such Port or in any Member of the Ports and Antient Towns aforesaid respectively or in any Burrough or County or Liberty within the said Kingdom of England Or they may be brought and determined at the pleasure of the Mayors and Jurats Mayor Bayliff and Jurats and Bayliff respectively and make and execute the Executions Processes and Judgments thereupon by the aforesaid Sergeant of the Mace or any other Officer aforesaid And that every Mayor Jurat and Commons of any of the Cinque-Ports Antient Towns and Members aforesaid whatsoever where there is a Mayor and their Successors respectively and all Bayliffs Jurats and Commons and the Bayliffs and Commons of every Member of the Ports aforesaid where the said Bayliffs are elected by the Commons of the Members aforesaid and their Successors may and shall have and receive to their own proper use and advantage respectively all and singular the Fines Amercements Ransoms Issues Forfeitures and other Profits whatsoever coming rising chancing or happening from and in the Courts aforesaid respectively And that they may by their Officers levy receive seize and keep all and singular those Fines Ransoms Amercements Issues Forfeitures and Profits for their own proper use and advantage respectively from time to time by an Action or Actions of Debt or such other Suits Actions Means Ways and Proceedings to be had and prosecuted in any Court or Courts of Record within the Cinque-Ports or Antient Towns aforesaid or Members of the same aforesaid or in any one or more of them by which such like Fines Amercements Ransoms Issues Forfeitures and Profits are wont to be levied received and recovered in any of the Courts of Us Our Heirs and Successors throughout Our whole Kingdom of England or may be without the impediment of Us Our Heirs and Successors or of any of Our Officers whosoever And moreover for the better ruling and governing of the Cinque-Ports Antient Towns and Members aforesaid We of Our special Grace certain knowledge and meer motion have given granted and confirmed and by these Presents for Us Our Heirs and Successors do give grant and confirm to the said Barons and honest Inhabitants of the Cinque-Ports and Antient Towns aforesaid and to the Members of the same Ports and Towns and to their Successors and to the aforesaid Mayor Jurats and Commons of the Town and Port of Hasting in the County of Sussex and their Successors and to the aforesaid Mayor Jurats and Commons of the Town and Port of New-Romney in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Town and Port of Heeth in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Town and Port of Dover in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Town and Port of Sandwich in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Antient Town of Rye in the County of Sussex and their Successors And to the aforesaid Mayor Jurats and Commons of the Antient Town of Winchelsea in the County of Sussex and their Successors and to the aforesaid Bayliff Jurats and Commons of the Town and Priviledged Monastery of Pevensey in the County of Sussex and their Successors and to the aforesaid Bayliff Jurats and Commons of the Town of Seaford in the County of Sussex and their Successors and to the aforesaid Bayliff Jurats and Commons of the Town of Lydd in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Town of Folkstone in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Town of Feversham in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Town of Fordwich in the County of Kent and their Successors and to the aforesaid Mayor Jurats and Commons of the Town and Hundred of Tenterden in the County of Kent and their Successors respectively That every Mayor and Jurat of every Port of the aforesaid Cinque-Ports respectively within the Ports aforesaid and the Bounds Limits and Precincts of the same Ports as also within all other Places and Towns or any other Place and Town appertaining or belonging to any Port aforesaid or being a Member of any Port aforesaid in which Places or Towns or in which Place or Town the Mayor or Bayliff is not chose by the Commons of those Places or Towns or Place or Town and their Successors respectively And every Mayor and Jurat of either of the aforesaid Antient Towns of Rye and Winchelsea and any Member of the Ports and Antient Towns aforesaid where there is a Mayor and their Successors respectively As also every Bayliff and Jurat of any Member of the Ports aforesaid where such Bayliff is chosen by the Commons of the same Member and their Successors respectively within the Antient Towns and Members aforesaid and the Bounds Limits and Precincts of the same severally according as it is before limited may and shall be henceforward for ever Keepers of the Peace Keepers of the Peace and Justices to Us Our Heirs and Successors to keep the Peace for Us Our Heirs and Successors and
Escheators Sheriffs or other Our Bayliffs and Officers whosoever And that the said Mayor and Jurats Bayliffs and Jurats and also the Jurats in every Port and Member of the Ports and Members aforesaid as they are before limited may and shall from henceforth have and hold before the fame Mayor and Jurats Bailiff and Jurats and also Jurats by a Complaint before them to be relieved in the Court of any Port or Member of the Ports and Members aforesaid in any place days or times most conveniently to be held according to custom within any such Port or Member all and all sorts of Pleas of and concerning all sorts of Actions real personal and mixt happening by Sea or Land within any such Port or Member And that they may attach those Persons and commit their Bodies to Prison against whom such Personal Actions shall happen to be sued or prosecuted and be Oyers and Terminers of all and every the aforesaid Pleas and give Judgment upon Process and Executions to be done according to the custom of the Ports aforesaid so that neither the Constable to Us or Our Heirs of the Castle of Dover aforesaid nor the Warden of the Cinque-Ports aforesaid nor the Admiral of the fame nor any Vice-gerent nor Deputy appointed by him shall about or concerning any such Plea within the Ports and Members aforesaid or about any other Business or Matter that is or happens or shall be or happen by Land or Sea by Fresh Water or bounds and banks of the deep Sea in any wise come within the limits and liberties of the same Ports and Members or enter into such Port or Member upon such an account in any wise whatsoever unless in default of the Mayor Bailiff and Jurats not administring Justice And if such default shall chance to be then We Will that only the aforesaid Warden of the Cinque-Ports aforesaid for the time being either by Word of Mouth or Petition to be made by the party which shall perceive himself to be wronged enter into the said Port or Member from time to time and cause the Plea touching this defect to come before him within the same Port and Member in the presence of such Mayor Bailiff and Jurats and there examine the Plea aforesaid and correct and amend such default if there be any and there administer with speed full and compleat Justice to all and every of them who have any occasion to be there present according to law and custom And that the Mayor and Jurats Bailiff and Jurats and the Jurats aforesaid o every Port and Member of the Ports and Members aforesaid elected in manner and form aforesaid shall for ever have the Cognizance as well of all sorts of Pleas in the actions above-named as of all sorts of Pleas belonging to the Crown any way happening within every such Ports or Members And the Power of hearing and determining all pleas belonging to the Crown of Us or Our Heirs as well at the Suit of Us and Our Heirs as at the Suit of other Plaintiffs the Pleas of all sorts of Treasons only excepted which We Will for Us and Our Heirs as much as in Us lieth to be heard and determined before the Warden for the time being of the Cinque-Ports aforesaid the Mayors Bailiffs and Jurats of the same Ports being summoned according to the custom used in the same Ports at Shepey according to the Law and Custom of the Court aforesaid And that every such Mayor and Jurats Bailiff and Jurats as also the Jurats as above limited may at their Election have and hold all and singular the Pleas abovenamed excepting those which are afore excepted before them within every such Port and Member in the Court of the same Port or Member and may hear and determine all such Pleas and execute Judgments given upon them according to the Law and Custom of Our Kingdom of England or Custom of the Cinque-Ports aforesaid And further that none of the aforesaid Barons Honest Men or their Heirs and Successors or Resiants aforesaid for the future shall be taken Arrested or Attach'd by any Warrants Precepts or Commandment of the Constable of the Castle aforesaid or of the Warden of the Cinque-Ports aforesaid or Admiral within the Ports and Members aforesaid to answer upon any such Plea or be bound in any wise to appear upon the same Cause before the same Constable Warden or Admiral or his Vice-gerent or Deputy unless upon default of not administring Justice as aforesaid And that none of the Barons Honest Men or their Heirs or such like Resiants shall for the future be in any wise Pressed Attach't or Arrested by any of the Officers and Ministers of Us or Our Heirs to or for the Service of Us or Our Heirs to be performed upon the Sea except for the Service of the said Barons to be paid to Us and Our Heirs with their Navy as aforesaid We have further granted to the above-named Barons and Honest Men that they their Heirs and Successors and other Resiants whosoever of their Heirs and Successors within the Ports and Members aforesaid who do now or shall hereafter contribute to the Service and Navy aforesaid be for ever free from all Aids Subsidies They shall be free from all Subsidies c. Contributions Tallage and all other how many soever which if the grant aforesaid made to them had not been should or might have been exacted of them or of any of them by Us or Our Heirs by the Bailiffs or Officers of Us or Our Heirs upon the account of their Lands Tenements and Incomes or their Goods and Chattels or any thing belonging to them which they now have and from henceforth are to possess And that whensoever the Commons of the Counties of Our Kingdom of England or the Citizens and Burgesses of the Cities and Burroughs of the said Counties have any way granted to Us Our Heirs or Successors the Tenth Fifteenth or any other Sum or Tax whatsoever of their Goods moveable or Lands Tenements or other of their Incoms Or that We or Our Heirs have caused Our Tenths to be be levied throughout England the said Barons their Heirs and Successors and the Ports and Members aforesaid the Lands Tenements and Goods and Chattels of the Barons their Heirs and Successors and of other Resiants aforesaid or of any of them whether they be within the Liberties of the said Ports and Members or without in the Counties of Kent and Sussex Within or without in the Counties of Kent and Sussex they shall not be Taxed shall not be Taxed for the Use of Us or Our Heirs Nor shall any thing in any wise be levied upon them sor Tenths Fifteenths and other Tributes or Tallages aforesaid for the Use of Us or Our Heirs Nor shall the said Barons their Heirs or Successors or other Resiants aforesaid be distreined molested or disturbed upon these accounts in any thing concerning their Lands Tenements or their Goods aforesaid but that they their Heirs