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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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Provision for all Officers to take the Oaths of Obedience and Supremacy and a Reservation of Power to Your Majesty to put out any Recorder o● Town-Clerk hereafter to be chosen othe● than those now in place or any signification of Your Majesties Dislike under Your Sig● Manual and with such other Clauses ● are usual in Grants of like nature By Sign Manual An Explication by way of Alphabet of all the hard and obsolete Words that are to be found in the foregoing Charter A. AChatum Reachatum are used for a Contract or Bargain by way of Buying and Rebuying Selling and Re-selling Aponsagium Bridgtoll vid Pontagium Ambiderter is he that when a Matter is in Suit betwixt any taketh Money of one side and of the other to plead for the Suit or such like or if he be a Jury-Man to say his verdict Attaint is a Writ and lieth where false Verdict is given by Twelve Men and Judgment given thereon then the Party against whom they have passed shall have a Writ against the Twelve Men and when they be at Issue it shall be Tried by Twenty four Jury Men and if the false Verdict be found the Twelve Men be Attaint and then the Judgment shall be That their Meadows shall be eyred their Houses broken down their Woods turned up and all their Lands and Tenements forfeited to the King but if it pass against him that brought that Attaint he shall be imprisoned and grievously Ransomed at the Kings Will. Assise is taken for a Writ directed to the Sheriff for the recovery of things immovable whereof your self or your Ancestor hath been Disseised Assise of Novel Disseisin lieth where a Tenant in Fee-Simple Fee-Tail or for Term of Life is lately Disseised of his Lands or Tenements or else of a Rent-Service Rent-Seck or Rent-Charge of Common of Pasture of an Office of Toll Tronage Passage Pawnage or for a Nuisance levied and divers other such like Assise of Mort d' Ancester lieth where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-Simple and after his Death a Stranger abateth and it is as good as well against the Abator as any other in Possession Assise of Redisseisin is where a Man is Disseised and recovereth by Assise of Novel Disseisin and afterward is again Disseised by the same Disseisor he shall have against him a Writ of Disseisin directed to the Sheriff to make Inquisition and if the Redisseisin be found he shall be sent to Prison B. Brevis Briefe signifies most properly in our Law the Process that issues out of the Chancery or other Courts Commanding the Sheriff to Summon or Attach A. to answer B. But more largely it is taken for any Precept of the King in Writing under Seal issuing out of any Court whereby he Commands any thing to be done for the furtherance of Justice and good Order In English a Writ C. Champartie or Bribe signifieth in the Common Law a maintenance of any Man in his Suit depending upon condition to have part of the thing be it Lands or Goods when it is recovered Champertours be they that move Pleas or Suits or cause to be moved either by their own procurement or by other and pursue at their proper Costs for to have part of the Land in variance or part of the Gains Common Fines are a certain Sum of Money which the Resiants of a Court Leet pay to the Lord of the Leet towards his Charge of Purchasing the Leet D. Den. Strond the former whereof signifies an hollow place to put things in the latter the Sea-shore Doquet or Docket is a little piece of Paper or Parchment written that containeth in it the effect of a greater Writing E. Escheat is where a Tenant in Fee-Simple doth Felony for the which he is Hanged or Abjured the Realm or be Outlawed for Felony Murder or Petty-Treason or if the Tenant dye without Heirs general or special then the Lord of whom the Tenant held the Land may enter by way of Escheat or if any other enter the Lord shall have against him a Writ called a Writ of Escheat Escheator is an Officer who observes such Escheats which belong to the King and Certifieth them into the Eschequer Estray is where any Beast or Cattel are in a Lordship and none knoweth the Owner thereof then it shall be seized to the use of the King or of the Lord that hath such Estray by the Kings Grant or by Prescription and if the Owner come and make Claim thereto within a year and a day then he shall have it again or else after the year the Propriety thereof shall be to the Lord so that the Lord make Proclamation thereof according to the Law Escape is where one that is Arrested comes to his Liberty before he be delivered by award of Justice or by order of Law Exigent is a Writ that lieth where the Defendant in Action Personal cannot be found nor any thing within the County whereby to be Attached or Distreined and is directed to the Sheriff to make Proclamation at five Counties one after another that he appear or else that he shall be Outlawed F. Forestall is to be quit of Amercements and Cattels Arrested within your Land and the Amercements thereof coming Forestaller is he that Buyeth Corn Cattel or other Merchandize whatsoever is Saleable by the way as it cometh to Markets Fairs or such like Places to be Sold to the intent that he may Sell the same again at a more high and dear Price in Prejudice and Hurt of the Common Wealth and People G. Gild hath divers significations as sometimes a Tribute other times an Amercement thirdly a Fraternity or Company combined together by Orders and Laws made amongst themselves by the Kings License fourthly 't is used for a Prestation within the Forest to be made for gathering of Sheaves of Corn of Lamb and of Wool to the use of the Foresters H. Hidage is to be quit if the King shall Tax all the Land by Hides now an Hide is a whole Plough-Land Hostellar is an Inn-Keeper I. Infangtheff is that Thieves taken within your Demesne or Fee Convicted of Theft shall be Judged in your Court. Ingrosser is one that Buyeth Corn Grain Butter Cheese Fish or other dead Victuals with an intent to sell the same again at a higher and deerer Price Regrator is the same K. Kiage is a Toll required for Keys and Wharfs by the Water side or rather the Custom paid for Wharfage or loading aid unloading Goods L. Lastage is a Custom challenged in Fairs and Markets for carrying of things where a Man will Lastage-Free is to be exempt from that Custom Lastis Hundred is a bigger sort of Hundred containing about three ordinary ones Sandwich in Kent is so called Lot and Scot signifie a Customary Contribution laid upon all Subjects according to their ability Lovecopefree this Word is not to be explained or else it is
false Printed for Lot and Copefree now Copefree is to be quit from Poll-Money Or else it signifies to be quit from that which Diggers of Mines pay to the Lord for breaking up his Ground M. Mariage signifieth not only the coupling together of Man and Wife but also the bestowing a Ward or a Widow in Mariage Manutenentiae Maintenance in our Common Law is used in the evil part for him that secondeth a Cause depending in Suit between others either by lending of Money or making Friends for either Party toward his help then the injured Party may have against him a Writ of Maintenance Misericordia is used in the Common Law for an Amercement or Mulct set upon any for Offence so that if a Man be outragiously Amerced in a Court that is not of Record as in a Court Baron c. there is a Writ called a Moderata Misericordia to be directed to the Lord or his Baily Commanding them that they take moderate Amercements according to the quantity of the fault Murage is a Toll levied for the Building or Repairing of Publick Walls it seemeth also to be a Liberty granted by the King to a Town for the gathering of Money toward Walling of the same N. Novel Disseisin See before Assise of Novel Disseisin O. Outfangtheff alias Ufangtheff is that Thieves or Felons of your Land or Fee out of your Land or Fee taken with Felony or Stealing shall be brought back to your Court and there judged P. Passage signifies the Hire that a Man payeth for being transported Over-Sea Pannage or Pawnage is that Money which the Agistors of Forests do gather for the feeding of Hogs within the Forest and it is also taken for all manner of Mast-Trees within the Forest on which the Hogs do feed Pontage is either the Contribution which is gathered or the Toll which is paid by Passengers for the Repair of Bridges it is called also Brigbote Peisage is Weight and Measure from Peisa signifieth Weight Piccage is the Money paid for the breaking of the Ground to set up Booths and Standings in Fairs Q. Quietancia alias Acquietancia is a Release or Discharge from any Debt formerly due Quo Warranto is a Writ which lieth against him that Usurps any Franchise from the King then the King shall have this Writ to make him come before his Justices and shew what Warrant or Title he hath to demand such Franchise Or else it signifieth a Writ against him that intrudeth himself as Heir into Land R. Riverage is that which is paid for being carried over a River Right Prisage of Wines is a Custom whereby the King challengeth out of every Bark loaden with Wine containing less than forty Tun two Tun of Wine at his own Price Regrator See Ingrosser Redisseisin See Assise of Redisseisin Recordate is a Writ directed to the Sheriff to remove a Cause out of an inferior Court into the Kings-Bench or Common-Pleas S. Soc is a liberty or power to seek after Thieves or Stolen Goods within a Mannor and to do justice upon the Inquisition It is also taken for the Company of Tenents which live within such a Liberty and are exempted from those common Services of the Prince and Countrey whereunto Subjects are ordinarily tied Sac is a Royalty or Priviledge touching Plea and Correction of Trespasses within a Mannor and to have the Amercements of ones Tenants in ones own Court. Stallage is a certain Custom exacted for the Street taken or assigned in Fairs and Markets Scot See Lot Shot is Tax-Money Scutage Escuage or a kind of Knights-Service called Service of the Shield whereby a Tenant who holds by Knight-Service is bound to follow his Lord into the Scottish or Welsh Wars at his own charge Strip or Estrepement is a Writ for taking Lands from him that strips and spoils them Or properly the unmeasurable soaking or drawing of the heart of the Land by Plowing or Sowing it continually without Manuring or other such useage as is requisite in good Husbandry T. Tallage is used for the share of a Mans Substance paid by way of Tribute Theolonium Tolnetum Toll or Custom paid to the King Thol is the liberty of Buying and Selling in ones own Ground Them is the Priviledge of having the Generations of your Villains with their Suits and Cattel wheresoever they shall be found in England Terrage is a freeing from Land-Taxes Tumbrel is a Cucking-Stool a Punishment for Scolds V. View of Frankpledge is a Writ to exempt one from the View of Frankpledge who is not Resident within the Hundred Frankpledge is a Custom whereby Neighbours were commonly bound one for another to be Sureties for each others Truth to the King and his Subjects Vtlagat is an Out-lawed Person Vetit-Mamium a Writ of Withernam which is directed to the Sheriff for the taking as many of the Mans Goods who did Distrein unlawfully from another as the value of the Distreined Goods comes to And if the Goods or Beasts be in a Fortlet or Castle the Sheriff may take with him the Power of the County and beat down the Castle W. Wast is when a Tenant lets the House fall or pulls it down or cuts down any thing with damage to the Land that he possesseth It is also a Punishment or Forfeiture belonging to Petit-Treason or Felony Wret is where a Ship is perished on the Sea and no Man escapeth alive out of the same and the Ship or part of the Ship so perished or the Goods of the Ship come to the Land of any Lord the Lord shall have that as a Wreck of the Sea But if a Man or a Dog or a Cat escape alive so that the Party to whom the Goods belong come within a year and a day and prove the Goods to be his he shall have them again Witfree is a Discharge from all Defaults and Amercements Waviat is when Goods are seized by Waif which is the Goods of a Thief whether stolen or not which upon urgent necessity as haste or such like he hath left any where behind him then the Kings Officer or the Bayliff to the Lord within whose Jurisdiction they were left who by Prescription or Grant from the King hath the Franchise of Waif may seize the Goods so Waived to to the Lords use who may keep them as his own unless the Owner come and lay claim to them within a year and a day FINIS
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-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