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 moâ— 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. 4â— by the Grace of God King of England and France and Lord of Ireland To the 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-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-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-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 Letters aforesaid do reasonably testifie and as the said Barons and their Ancestors the Barons of the Ports aforesaid have hitherto lawfully used and enjoyed their Liberties and Acquitances aforesaid In Witness whereof We have caused these Our Letters to be made Patents Witness Our Self at Westminster the Twenty second day of January in the First year of Our Reign And We being certified by the humble Petition of the said Barons and honest Men of the Cinque-Ports aforesaid and their Members That notwithstanding it is contained in the Magna Charta of the Liberties of England amonst other things that the Barons of the Cinque-Ports may have all their Liberties and Free-Customs yet they by reason of the ambiguity obscurity and doubtful meaning of certain Words and general Terms contained in the Charters Letters and Confirmations aforesaid have been and are at this time hindered from the enjoying of certain of their Liberties and Free-Customs as also the Priviledges and Acquitances which they were wont freely peaceably and quietly to enjoy in the Ports aforesaid and Members thereof from the time of the making the Charters Letters and Confirmations aforesaid to the impoverishing and undoing of the said Barons and Honest Men as also to the damage of the Service of Our Navy and the utter loss thereof likely to ensue We therefore greatly considering not only the premised but also the good voluntary and free Service which the aforesaid Barons and Honest Inhabitants of the Cinque-Ports and Members aforesaid have paid to Our Progenitors and especially to Us in the restoring the Rights of Our Kingdom And willing likewise to secure their Peace and Tranquility and the publick Good on this behalf and making good to them and well pleasing to Us and Our Heirs as much as in Us lies all the Grants and Priviledges aforesaid as also all and every of them which are contained and specified in the Charters Letters and Confirmations aforesaid and all and every of their Liberties Priviledges Acquitances and Free-Customs which they their Ancestors and Predecessors had and used in the time of Our Progenitors and which they were wont to enjoy and possess do accept approve and ratifie them And to the forementioned Barons of the Ports and Members aforesaid and to their Heirs and Successors by the tenour of these Presents do give grant and confirm as fully plainly and entirely as if they had been word for word expressed declared and manifested in these Presents We willing moreover and granting for Us and Our Heirs aforesaid that the aforesaid Barons and their Heirs and Successors of the Ports and Members aforesaid shall have all their Liberties Acquitances Priviledges and Free-Customs restor'd to them as fully and entirely as their Ancestors and Predecessors had them in the times of St. Edmund the Confessor and William the Conqueror late Kings of England or any other of Our Progenitors more freely fully and honorably And although the said Barons and Honest Inbabitants or their Ancestors and Predecessors the Barons and Honest Inhabitants of the Ports and Members aforesaid or any of them by some emergent chance have not yet fully enjoyed or perhaps misused any one or more of the Liberties Acquitances Priviledges and Free-Customs contained in the said Charter and Letters yet the Barons and Honest Inhabitants their Heirs and Successors for the future shall fully use and enjoy the Liberties and Acquitances Priviledges and Free-Customs whatsoever so not-used or mis-used Any Interruption or Impediment whatsoever notwithstanding or any of them without any hindrance or let occasioned by Us or Our Heirs Justices Sheriffs Coroners Escheators or other Bailiffs or Officers to Us or Our Heirs whatsoever any interruption had or made in time past to the contrary in any wise notwithstanding We have also granted for Us and Our Heirs and by this Our Charter have confirmed to the Mayors Bailiffs and Jurats of every Port and Member of the Ports and Members aforesaid which were chosen in the Ports and Members aforesaid by the Commons of the same That if any Customs hitherto granted and used in the Ports and Members of them or any of them be doubtful or defective in any part or if any differences arising afresh concerning them in the same Ports and Members or in any of them where there hath not been a Remedy formerly made shall want new ordering and reforming that the said Mayors Bailiffs and Jurats of every Port and Member of the Ports and of the Members aforesaid and their Heirs and Successors with the assent of the Commons of that Port or Member of the Ports and of the Members aforesaid where this amendment defect or difficulty shall happen to be made or had May appoint a Remedy agreeable to Honesty and Reason A fit Remedy to be appointed for the common good of the Barons and Honest Men and Inhabitants of the same Port or Member of that Port as also other of Our faithful Subjects resorting thither as often as they shall see it expedient Provided that that Ordinance be profitable to Us and Our Subjects and agreeable to Reason as aforesaid And that they may Record their Liberties and Free-Customs before Us Our Justices or other Our Officers whatsoever And further that the same Barons may be encouraged for the future to pay as good Service or to their utmost ability Better to Us and Our Heirs then they paid Our forementioned Progenitors and Us in times past We have thought fit that other Liberties and Acquitances plain and express be granted anew to the same Barons and Honest Men. And moreover of Our special Grace meer Motion and certain Knowledge We have granted and by these Presents do grant for Us and Our Heirs as much as in Us lies to the same Barons and Honest Men of the Cinque-Ports aforesaid and to the Barons and Honest Men of all and singular the Ports Towns and Members adjoining united and pertaining to the same Cinque-Ports or any of them that they their Heirs and Successors and other Resiants whatsoever within the Ports and Members aforesaid or within any of the same contributing to the Service and Navy aforesaid be for ever quit from Toll Panage Bridg-toll Wharfage Murage Passage Lastage Stallage Tallage Carriage Weight-toll Picage Land-tax Scot and Gild Hidage Escuage and also from the Suits of County and Hundred and Tributes of Hundreds from the View of Free-Pledges and the Pence belonging to the View of Free-Pledges as also from whatsoever Summons Returns or Payments to be paid to Us Our Heirs or Our Successors for any of the Premises aforesaid And from Fines for Murder and common Amercement whensoever it happen that a County or Town before Us or Our Heirs or before Us or whatsoever Our Justices Officers or Ministers belonging to Us Our Heirs and Successors fall into the hands of Us or Our Heirs and from all such like Custom throughout Our whole Realm and Dominions And We have also granted to the aforesaid Barons and Honest Men their Heirs
and Successors That for ever they may have all Goods and Chattels Waviated or which are seized by Waife and also all Goods and Chattels which are counted Stray as also any Treasure which is or shall be found within the Ports aforesaid or any Member of the same And the Goods and Chattels which are said to be made by the hand that are taken or shall be took with any Person wheresoever within the Ports and Members aforesaid being before any Judge whatsoever disavowed by the same person And that the said Barons and Honest Men their Heirs and Successors the Barons and Honest Men of the Ports and Members aforâ—said shall have the Chattels of whatsoever Felons condemned or convicted or hereafter to be condemned or convicted And the Goods forfeited for the escape of Felons and Fines whatsoever for the same Escapes in whatsoever Courts belonging to Us or Our Heirs and Successors they be Assessed or hereafter shall be Assessed before Us or Our Heirs or or the Justices and Judges belonging to Us or Our Heirs whatsoever And also the Chattels of all other Persons which are or shall be demanded in a Writ Exigent for Appearance or for Felony And also the Chattels of those which are Outlawed and Waviated or shall be Outlawed or Waviated And the Chattels by what means soever confiscated and of all and singular the Barons and other Resiants whatsoever within the Ports and Members aforesaid wheresoever these Goods and Chattels shall happen to be found within the Ports and Members aforesaid or without them in the Counties of Kent and Sussex or either of them although the Officers and Servants of Us or Our Heirs or any one of them be there present And that the said Barons and Honest Men and their Successors shall for ever have the Wreck of the Sea at whatsoever Coasts and Arms of the Sea in the Ports and Members aforesaid adjacent it shall happen to be cast and all and singular the things which belong and appertain to ever such Wreck And that they their Heirs and Successors shall either in their own Persons or by their Servants take and seize upon for their own use such Chattels which are counted Waif or Strey any Treasure found Chattels which are said to be made by the hand Chattels of Felons by whatsoever means condemned or to be condemned convicted or to be convicted the Chattels of all persons whatsoever which are or shall be demanded in a Writ Exigent for Appearance or for Felony the Chattels of those which are or shall be Outlawed and which are or shall be Waifed and Chattels by what means soever confiscated and the Wreck with all things belonging to such Wreck without the trouble molestation or impediment of Us or Our Heirs the Justices Escheators Sheriffs Coroners or other Bailiffs belonging to Us or Our Heirs or any others whatsoever although they were seized heretofore by Us or Our Heirs or some of the Bailiffs Officers and Servants to Us and Our Heirs We have also granted for Us and Our Heirs to the aforesaid Barons and Honest Men their Heirs and Successors for the better maintaining of the Navy and Service aforesaid That every Mayor and Jurat in every Port and Member of the Ports and Members aforesaid where there is a Mayor and Jurats and every Bailiff and Jurat in every Port and Member of the same Ports and Members where such Bailiff is chosen by he Commons of the Inhabitants of that Port or Member of the Ports or of the Members aforesaid And also the Jurats in every Port and Member of the aforesaid Ports and Members where neither the Mayor nor Bailiff is chosen by the Commons of the Inhabitants of that Port or Member and their Successors shall for ever receive all and all manner of Fines for Trespasses Offences Misprisions Wrongs Negligences Ignorances Conspiracies Concealments Regraters Forestallers Maintenances Bribes Champarties Counterfeitings Cheats Contempts and all other defaults whatsoever As also the Fines for a Licence of Agreements and all Amercements Redemptions Exits and Penalties which are or shall be forfeited a year and a day Waste and Strip and all that which should belong to Us and Our Heirs from such a year and a day Wast and Strip of all and singular the Barons and other Resiants aforesaid their Heirs and Successors as well within the Ports and Members aforesaid as without And the said Barons and other such like Resiants in all the Courts whatsoever belonging to Us and Our Heirs shall Impose Fines Assess Exits and make Forfeiture for Penalties Adjudge a year and a day Wast and Strip and such like Forfeitures Which Fines and Amercements Redemptions Exits Penalties a year and a day Wast and Strip Forfeitures shall belong to Us and Our Heirs unless they have been granted to the aforesaid Barons and Honest Men and their Successors So that the said Mayors and Jurats and also the Jurats in every Port and Member of the Ports and Members before-nam'd elected as it is aforesaid shall in their own Person or by their Servants levy take and receive such Fines Amercements Redemptions Exits Penalties and Forfeitures and all other things which should belong to Us Our Heirs and Successors for a year and a day waste strip and the Forfeitures aforsaid for the common profit and use of the said Barons their Heirs and Successors without the impediment of Us or Our Heirs Justices Bailiffs or other Our Officers whatsoever And that the said Barons and Honest Men their Heirs and Successors may have as it shall seem good to them within every Port and Member of the Ports and Members aforesaid a Pillory for Thieves and a Cucking-stooll for the punishment of Offenders there And also that they and their Successors may for ever have Leets and Law-days with all the Profits which way soever belonging or appertaining thereunto from any Resiants whosoever within the Liberty aforesaid And that the aforesaid Barons and Honest Men and their Heirs and Successors from henceforward and every of them may have whatever they find upon Land and Sea freely peaceably and quietly without any impediment or disturbance by Us or Our Heirs or by the Constables to Us or Our Heirs of Our Castle of Dover or by the Admiral of the Cinque-Ports or Admiral within the Ports and Members aforesaid without any division of it to be made or any part of it to be rendred to Us or Our Heirs or any other And we have further granted for Us and Our Heirs as much as in Us lieth to the aforesaid Barons and Honest Men and to their Heirs and Successors Liberty to Erect Gallowes within every Port and Member of the Ports and Members aforesaid And to give Judgment upon all Offenders who shall happen to be taken and apprehended there according to the above-mentioned Priviledge of Infangtheff and Utfangtheff and according to the custom antiently used in the Ports and Members aforesaid without the lett questioning or impediment of Us or Our Heirs Justices Coroners
Member of the Ports aforesaid where such Bayliff is chosen by the Commons of the said Member respectively may in and upon themselves and any other Inhabitants and Resiants whatsoever within every such Member Bounds Limits and Precincts of the same and in and upon all and singular the Land-rents and Inheritances whatsoever within every such Member and the Bounds Limits and Precincts belonging to every such Member respectively as also they may in and upon all and singular the Goods Chattels and Merchandises of all and singular the Inhabitants whether Possessors or Tenants of any such Lands or Inheritances whatsoever within every such Member and the Bounds Limits and Precincts of the same respectively set assess and lay from time to time as often as it shall seem necessary to them the Reasonable and Ratable Taxes of Scot Shot and Lot Tallage and the Reasonable Taxes commonly called Common Fines Common Fines Imposts and Sums of Money to be paid within certain times or time to that purpose by them respectively limited and appointed and by the same to be taken and levied upon the Inhabitants and Resiants aforesaid or upon their Goods Chattels and Merchandises Land-rents Tenements and Inheritances aforesaid respectively by the distraint and sale of the same By the sale or the imprisonment of the Bodies of the Persons aforesaid and every of them upon whom such Taxes of Scot Lot Shot As by the imprisonment of their Bodies Tallage Taxes called Common Fines Imposts and Sums of Money as is abovementioned may or shall be put laid or assessed Or which otherwise may be prosecuted by an Action or Actions of Debt in any Court of Record of the aforesaid Cinque-Ports or Antient Towns aforesaid or Members of the same against any such Person or Persons respectively Or may be recovered and obtained by any other legal proceeding whatsoever as it shall seem best to them and may be had held and enjoyed without any impediment of Us Our Heirs or Successors Justices or of any other the Ministers of Us Our Heirs or Successors whatsoever and all and singular the Premises aforesaid by these Presents above granted or confirmed or mentioned to be hereafter granted and confirmed to the aforesaid Barons of the Cinque-Ports and Antient Towns and Members of the same Ports and Towns and to their Successors and to the aforesaid Mayor Jurats and Commons Bayliff Jurats and Commons and Bayliff and Commons of the same Cinque-Ports Antient Towns and Members of the same and to their Successors respectively for ever For the payment and performance of so many so great the same and such like Feofarms Services Rents Sums of Tribute-pence and demands whatsoever to Us Our Heirs and Successors as many as great such and which as are or heretofore were due accustomed and payable to Us or Our Predecessors Wherefore We Will and by these Presents firmly enjoyning do Command for Us Our Heirs and Successors That the aforesaid Barons of the Cinque-Ports and Antient Towns and Members of the same and their Successors and every of them and their Successors As also that the Mayor Jurats and Commons of the Town and Port of Hasting aforesaid and their Successors as also the Mayor Jurats and Commons of the Town and Port of New-Romney aforesaid and their Successors as also the Mayor Jurats and Commons of the Town and Port of Heeth aforesaid and their Successors as also the Mayor Jurats and Commons of the Town and Port of Dover aforesaid and their Successors and also the Mayor Jurats and Commons of the Town and Port of Sandwich aforesaid and their Successors and also the Mayor Jurats and Commons of the Antient Town of Rye and their Successors and also the Mayor Jurats and Commons of the Antient Town of Winchelsea and their Successors and also the Bayliff Jurats and Commons of the Town and Priviledged Monastery of Pevensey aforesaid and their Successors and also the Bayliff Jurats and Commons of the Town of Seaford aforesaid and their Successors as also the Bayliff Jurats and Commons of the Town of Lydd aforesaid and their Successors and also the Mayor Jurats and Commons of the Town of Folkstone aforesaid and their Successors and also the Mayor Jurats and Commons of the Town of Feversham aforesaid and their Successors and also the Mayor Jurats and Commons of the Town of Fordwich aforesaid and their Successors and also the Mayor Jurats and Commons of the Town and Hundred of Tenterden aforesaid and their Successors and every of them and their Successors respectively have hold use and enjoy and may for ever have hold use and enjoy all and singular the Liberties Authorities Jurisdictions Eranchises Acquitances Lands Tents Fairs Marts Markets freedom from Toll and Tribute Custom and Priviledges aforesaid according to the Form and Tenor of these Our Letters Patents and other Grants made to them without any Action or impediment of Us Without the impediment Our Heirs or Successors Justices Sheriffs Escheators or other Bayliffs or Ministers of Us Our Heirs and Successors whatsoever Nor Will We that they or their Successors or any of them by reason of their Liberties or Immunities aforesaid We will not be prosecuted molested vexed or grieved accused or be in any thing troubled by any Action of Us or Our Heirs Justices Sheriffs Escheators or other Bayliffs or Ministers of Us Our Heirs or Successors whosoever We will and by these Presents Command and Charge as well Our Treasurer Chancellor and Barons of Our Exchequer at Westminster and the other Justices of Us Our Heirs and Successors as Our Attorney and Sollicitor General for the time being Attorney and Sollicitor to the King and every of them and all other Our Officers and Ministers whosoever That neither they nor any of them shall prosecute or continue or cause or make to be prosecuted or continued any Writ or Summons of Quo Warranto Quo Warranto or any other Writ or Writs or Process whatsoever in Our Name against them or any of them for any Reasons Accounts Matters Claims or Offences aforesaid or against any one or more of them respectively for any such things which were due claimed attempted used had or usurped in the time of the late Rebellion and Revolting from the King or at any other time before the making of these Presents We will We Willing also that they or their Successors or any of them be in no wise hindred or molested or be compelled to answer for any such thing or things by any of the Justices Officers or Ministers of Us Our Heirs or Successors in or for any due use claim or abuse of any of the Liberties Franchises or Jurisdictions aforesaid in the time of the Rebellion and Revolting aforesaid or at any other time before the day of the making of these Our Letters Patents Provided always and Our Royal intent is That these Our Letters Patents or any thing therein contained be not in any wise prejudicial to the Warden or Keeper