The great and ancient charter of the Cinque-Ports of our lord the King, and the members of the same

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Title
The great and ancient charter of the Cinque-Ports of our lord the King, and the members of the same
Author
Cinque Ports (Association)
Publication
London :: printed by T.N. for the Mayor and jurats of Hasting,
1682.
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Subject terms
Cinque Ports -- Charters -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A41855.0001.001
Cite this Item
"The great and ancient charter of the Cinque-Ports of our lord the King, and the members of the same." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A41855.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

CHARLES the Second,* 1.1 By the Grace of God, of England, Scotland, France, and Ireland, King, Defen∣der 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 Eliz∣abeth late Queen of England,* 1.2 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

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over the Letters-Patents of the Lady Mary,* 1.3 late Queen of England, Our dearly beloved Sister, about Confirma∣tion, made according to these words: Mary, by the Grace of God, of Eng∣land, France, and Ireland, Queen, De∣fender 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,* 1.4 late King of England, Our Brother, about Confirmation, made according to these words: Edward VI. by the Grace of God, of England, France, and Ire∣land, 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,* 1.5 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

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of Henry, Lord,* 1.6 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 pre∣sent Letters shall come, Greeting. We have look'd upon the Charter of Edward IV. Lord, late King of Eng∣land, made since the Conquest, accor∣ding to these words: Edward,* 1.7 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, She∣riffs, Chief Officers, and to all Bai∣liffs 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,* 1.8 by the Grace of God, King of Eng∣land 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 Con∣firmation of Edward, Lord, late King of England Our Grandfather, accor∣ding to these words: Edward, by the

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Grace of God, King of England,* 1.9 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, ac∣cording to these words: Edward,* 1.10 by the Grace of God, King of England, Lord of Ireland, and Duke of Aqui∣tain, To Arch-Bishops, Bishops, Ab∣bots, Priors, Dukes, Earls, Barons, Justices, Sheriffs, Head-Officers, and to all Bailiffs, and faithful Subjects, Greet∣ing. We have look'd upon the Char∣ter which Edward, Lord, late King of England, Our Father, granted to the Barons of the Cinque-Ports, accor∣ding to these words: Edward,* 1.11 by the Grace of God, King of England, Lord of Ireland, and Duke of Aqui∣tain, To the Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, Ju∣stices, 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

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Our Predecessors the Kings of England, and to Us lately in Our Army in Wales, and for their good Service to be conti∣nued 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,* 1.12 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 In∣fangtheff, and be Wreckfree, and Witt∣free, Lastage-free, and * Lovecope∣free, 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 other∣wise than they used to do in the time of Henry, Lord, Our Great Grandfa∣ther;

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as also that they may have what∣ever 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 what∣soever 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;* 1.13 And that for the rest of their Liber∣ties and Acquitances, they have them as well, fully and honorably, as they and their Predecessors had them here∣tofore 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

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which Our said Barons have from thence, and which We have look'd up∣on, 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; Provi∣ded 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, for fifteen days, at the Summons of Us or Our Heirs. We have likewise granted to them of Our spe∣cial Grace,* 1.14 that they may have Ut∣fangtheff 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,* 1.15 or Ju∣ries, 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

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from Our Right-Price,* 1.16 viz. of one Pipe of Wine before the Mast, and another behind the Mast: And we have fur∣ther 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 Guar∣dianship,* 1.17 and giving in Marriage in times past: But the aforesaid Confir∣mation of the Liberties and Acquaitan∣ces aforesaid, and other Grants follow∣ing, We of Our special Grace have caus'd to be renew'd to them; Provi∣ded always in all things there be no∣thing prejudicial to his Majesties Dig∣nity, to Us, and to Our Heirs, or hurt∣ful 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 testi∣fie: And that of Our special Grace they

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may have Utfangtheff in their respective Lands within the Ports aforesaid,* 1.18 af∣ter 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 be∣hind the Mast: And that in like man∣ner they may for ever enjoy the Liber∣ty 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 Guardian∣ship, or Giving in Marriage in times past: But the aforesaid Confirmation of the Liberties and Acquitances afore∣said, and other Our Grants following, We of Our special Grace have caus'd to be renew'd to them; Provided al∣ways in all things there be nothing pre∣judicial

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to his Majesties Dignity, to US, and to Our Heirs, or hurtful to the Priviledges of Our Crown, Life, and Members, as aforesaid, Witnesses here∣unto 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 Westmin∣ster 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 pesence 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 al∣so

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look'd upon the Letters-Patents which the same Our Father made to the Barons aforesaid after these words, Ed∣ward, by the Grace of God, King of England, Lord of Ireland, and Duke of Aquitain, To all Bailiffs and faith∣ful 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 fu∣ture, 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 Tal∣lages* 1.19 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 con∣cerning the lawful things and Commo∣dities which they in due manner shall buy within Our Dominion of Ireland,* 1.20 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

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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 with∣in 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 Gi∣ving in Marriage upon the account of their being under Age,* 1.21 which belongs to Us and Our Heirs, according to the Law and Custom of Our Realm. Ne∣vertheless, 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 notwithstand∣ing. And therefore we charge you, and every of you, that ye molest not, or disturb the Barons and Persons afore∣said 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

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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 Mem∣bers 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. Wit∣ness Our Self at St. Albans the Twenty eigth day of April, in the Twenty sixth year of Our Reign.

And we Ratifying the Grants and Confirmations aforesaid, do grant and confirm them to be well pleasing to Us and Our Heirs as much as in Us lyeth, for the Barons aforesaid of the Cinque-Ports, their Heirs and Successors, for

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their good and faithful Service which they have hitherto paid to Us, and shall pay for the future, as the Chatters and Letters aforesaid do reasonably testifie. And We further willing to do the said Barons a greater kindness, have given and granted to them, for Us and Our Heirs, That although they have not hitherto enjoyed any one or more of their Liberties and Priviledges con∣tained in the said Charters and Letters, yet the said Barons, their Heirs and Successors, may use and enjoy their Li∣berties and Priviledges aforesaid, and every of them, without the let of Us or Our Heirs, or Our Officers whatso∣ever. Witness hereunto, the Reverend Fathers, William Bishop of Worcester, J. Bishop of Bath and Wells, and W. Bishop of Exeter, Gilbert de Clare Earl of Glocester and Hereford, John de Bri∣tann. Earl of Richmond, Adam de Va∣lentia Earl of Pembroke, Hugh de le Spencer, Robert Son of Pagan, Edmund de malo Lacu, Steward of Our Houshld, and others.

Given under Our Hand at Westmin∣ster the Twenty sixth day of July, in the Seventh year of Our Reign.

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We making Good the Grants and Confirmations aforesaid, do Ratifie, and by the Tenour of the Presents con∣firm them to be well pleasing to Us and Our Heirs, as much as in Us lies, for the aforesaid Barons of the Cinque-Ports, their Heirs and Successors, for the good and faithful Service hitherto paid to Us and Our Progenitors, and for the future to be paid to Us and Our Heirs, as the Charters and Let∣ters aforesaid do reasonably testi∣fie. And further willing to do to the aforesaid Barons a greater kindness, We have granted for Us and Our Heirs to the same Barons of the Cinque-Ports, That although they or their Predecessors hitherto have not fully en∣joyed any one or more of their Liber∣ties and Acquitances contained in the Charters and Letters aforesaid, yet the said Barons, their Heirs and Successors, may fully enjoy, for ever make use of their Liberties and Acquitances afore∣said, without any let or impediment of Us, Our Heirs, or any of Our Officers whatsoever. The Witnesses hereunto are the Reverend Fathers, S. Bishop of Ely, Lord Chancellor, J. Bishop of Bath and Wells, Our Treasurer, Lionel

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Duke of Clarence, John Duke of Lan∣caster, Edmund Earl of Kent, Our most dear Sons; Edward de le Spencer, Guydo, Brian, John Atley, Steward of Our Houshold, and others.

Given under Our Hand at Westmin∣ster the First day of July in the Thirty eighth Year of Our Reign.

We have also look'd upon the Let∣ters-Patents of the same Our Grand∣father after these words, Edward, by the Grace of God, King of England, Lord of Ireland, and Duke of Aqui∣tain, To all those to whom these pre∣sent Letters shall come, Greeting. We have look'd upon Our Charter of Con∣firmation, which We lately made to the Barons of Our Cinque-Ports, under the Seal which We then used, after these words, Edward, by the Grace of God, King of England, Lord of Ire∣land, and Duke of Aquitain, To all those to whom these present Letters shall come, Greeting. We have look'd upon Our Charter of Confirmation, which we lately made under the Seal which We then used, to the Barons of Our Cinque-Ports, after these words: Edward, by the Grace of God, King

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of England, Lord of Ireland, and Duke of Aquitain, To all those to whom these present Letters shall come Greet∣ing. We have look'd upon the Let∣ters-Patents which the Lord Edward, of famous Memory, late King of England, Our Grandfather, made according to these words: Edward, by the Grace of God, King of England, Lord of Ire∣land, and Duke of Aquitain, To all those to whom these present Letters shall come, Greeting. We considering that the Navy of the Cinque-Ports can∣not be sustained without great Costs and Charges, left the Navy for the future should fail or decay, We have grant∣ed for Us and Our Heirs, That all the Members of the Cinque-Ports aforesaid, and other Advocants and Resiants what∣soever in the Liberties of the same, do contribute, (viz.) every of them ac∣cording to their abilities, for the doing the Service with their Ships to Us and Our Heirs, whenever by Us or Our Heirs they shall be commanded there∣unto. In Witness whereof we have cau∣sed these Our Letters to be made Patents.

Witness Our Self at St. Albans the 28 day of April, in the 26 Year of Our Reign.

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And we Ratifying the Grant afore∣said, do grant and confirm it to be well pleasing to Us and Our Heirs, as the aforesaid Letters do reasonably testi∣fie: And because about those general words contained in the Letters afore∣said, viz. (that every one contribute according to his Abilities) there have risen in former times divers dissenti∣ons; That the Barons of the Ports afore∣said may the more commodiously pay their aforesaid Service to Us and Our Heirs at fit times, We have given and granted, by the Advice of Our Prelates, Earls, and Barons, and the Commons of Our Realm assembled together in Our present Parliament, to the said Barons of the Cinque-Ports, that all the Members of the said Ports, and all Ad∣vocants and Resiants whatsoever in the Liberties of the same, contribute to the Navy and Service aforesaid, to be kept and maintained out of all their Goods and Chattels, as well those that are without the Liberty of the aforesaid Cinque-Ports, as within, and may be compelled thereunto by the Mayors and Jurats of the Ports aforesaid, and also, if need be, by the Constable of Our

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Castle of Dover:* 1.22 And that the Goods and Chattels of the said Barons, and others, as well without the said Liber∣ties, as within, which are taxed for the maintenance of the Navy, and per∣forming that Service, be by no means taxed for Tallage, and other Tributes, with the Goods and Chattels of Fo∣reigners. In witness whereof We have caused these Our Letters to be made Patents.

Witness Our Self at Westminster the Twenty fifth day of February, in the First year of Our Reign.

And We thought fit to have a Copy of Our Charter aforesaid under the Seal, which We now use to be trans∣crib'd according to their request. In Witness whereof We have caused these Our Letters to be made Patents.

Witness Our Self at York the Twen∣ty sixth day of February, in the Second year of Our Reign.

And We Ratifying the Grants and Confirmations aforesaid, as well plea∣sing, for Us and Our Heirs, as much as in Us lyeth, do grant and confirm to the aforesaid Barons of the Cinque-Ports,

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their Heirs and Successors the Ba∣rons of the Cinque-Ports aforesaid, for their good and faithful Service to Us and Our Progenitors hitherto paid, and for the future to be paid to Us and Our Heirs, their Liberties, as the Charters and Letters aforesaid do reasonably testifie, and as the said Barons, and their An∣cestors the Barons of the Ports afore∣said 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 hum∣ble Petition of the said Barons, and ho∣nest Men of the Cinque-Ports aforesaid, and their Members, That notwith∣standing, 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

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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 Mem∣bers thereof, from the time of the ma∣king the Charters, Letters, and Confir∣mations aforesaid, to the impoverish∣ing 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 there∣fore, greatly considering not only the premised, but also the good, volunta∣ry, and free Service which the afore∣said Barons and Honest Inhabitants of the Cinque-Ports, and Members afore∣said, 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 Tran∣quility, 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

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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 Pro∣genitors, and which they were wont to enjoy, and possess, do accept, approve, and ratifie them; And to the fore∣mentioned 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 ex∣pressed, declared, and manifested in these Presents: We willing more∣over, 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, Privi∣ledges, and Free-Customs restor'd to them as fully and entirely as their An∣cestors 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 Progeni∣tors, more freely, fully, and honorably. And although the said Barons, and

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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 en∣joyed or perhaps misused, any one or more of the Liberties, Acquitances, Priviledges, and Free-Customs contain∣ed 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,* 1.23 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 notwith∣standing. 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

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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 former∣ly 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 afore∣said, 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 ap∣point a Remedy agreeable to Honesty and Reason,* 1.24 for the common good of the Barons and Honest Men, and Inha∣bitants 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 Rea∣son, as aforesaid; And that they may Record their Liberties and Free-Cu∣stoms before Us, Our Justices, or other Our Officers whatsoever. And further, that the same Barons may be encouraged

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for the future to pay as good Service, or to their utmost ability Better to Us and Our Heirs, then they paid Our fore∣mentioned Progenitors and Us in times past, We have thought fit that other Liberties and Acquitances, plain and ex∣press, be granted anew to the same Barons and Honest Men. And more∣over of Our special Grace, meer Moti∣on, 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 Ho∣nest 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 per∣taining to the same Cinque-Ports, or any of them, that they, their Heirs and Successors, and other Resiants whatso∣ever 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)

Page 28

from the View of Free-Pledges, and the Pence belonging to the View of Free-Pledges; as also from whatsoever Sum∣mons, 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 be∣longing to Us, Our Heirs and Successors, fall into the hands of Us or Our Heirs; and from all such like Custom, through∣out Our whole Realm and Dominions. And We have also granted to the afore∣said 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 count∣ed 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 Per∣son wheresoever within the Ports and Members aforesaid, being before any Judge whatsoever disavowed by the

Page 29

same person. And that the said Ba∣rons and Honest Men, their Heirs and Successors the Barons and Honest Men of the Ports and Members aforsaid, shall have the Chattels of whatsoever Felons condemned or convicted, or here∣after 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 Suc∣cessors, 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 confis∣cated, and of all and singular the Ba∣rons and other Resiants whatsoever within the Ports and Members afore∣said, wheresoever these Goods and Chattels shall happen to be found with∣in the Ports and Members aforesaid, or without them, in the Counties of Kent and Sussex, or either of them, although

Page 30

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 be∣long 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, con∣victed 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

Page 31

Justices, Escheators, Sheriffs, Coroners, or other Bailiffs belonging to Us or Our Heirs, or any others whatsoever, al∣though 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 Mem∣ber of the same Ports and Members where such Bailiff is chosen by he Com∣mons 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 Com∣mons 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, Con∣spiracies, Concealments, Regraters, Forestallers, Maintenances, Bribes,

Page 32

Champarties, Counterfeitings, Cheats, Contempts, and all other defaults what∣soever: 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 with∣in 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, Ad∣judge 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 afore∣said Barons and Honest Men, and their Successors: So that the said May∣ors and Jurats, and also the Jurats in every Port and Member of the Ports and Members before-nam'd, elected as

Page 33

it is aforesaid, shall in their own Per∣son, or by their Servants, levy, take, and receive such Fines, Amercements, Redemptions, Exits, Penalties, and For∣feitures, 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 Succes∣sors, 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 with∣in 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 there∣unto from any Resiants whosoever with∣in the Liberty aforesaid: And that the aforesaid Barons and Honest Men, and their Heirs and Successors from hence∣forward, and every of them may have whatever they find upon Land and Sea

Page 34

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 Do∣ver, 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 appre∣hended 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, Eschea∣tors, 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

Page 35

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 Mem∣ber, 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 Mem∣ber; And that they may attach those Persons, and commit their Bodies to Prison, against whom such Personal Actions shall happen to be sued or pro∣secuted, 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 ap∣pointed by him, shall about or concern∣ing any such Plea within the Ports and

Page 36

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 ac∣count in any wise whatsoever, unless in default of the Mayor, Bailiff, and Ju∣rats 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

Page 37

and Jurats, and the Jurats aforesaid o every Port and Member of the Ports and Members aforesaid, elected in man∣ner 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 Plain∣tiffs (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 cu∣stom 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 Ju∣rats, as also the Jurats as above limited, may at their Election have and hold all and singular the Pleas abovenamed (ex∣cepting those which are afore excepted) before them within every such Port and

Page 38

Member, in the Court of the same Port or Member; and may hear and deter∣mine all such Pleas, and execute Judg∣ments 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 Ad∣miral, 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

Page 39

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 whoso∣ever of their Heirs and Successors, within the Ports and Members afore∣said, who do now or shall hereafter contribute to the Service and Navy aforesaid, be for ever free from all Aids, Subsidies,* 1.25 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 Chat∣tels, or any thing belonging to them which they now have, and from hence∣forth are to possess: And that whenso∣ever the Commons of the Counties of Our Kingdom of England, or the Ci∣tizens 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, Te∣nements,

Page 40

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 Mem∣bers 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,* 1.26 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 Tri∣butes 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 ac∣counts in any thing concerning their Lands, Tenements, or their Goods aforesaid; but that they, their Heirs 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

Page 41

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, Recogni∣zances, Attaints, or other Inquisitions whatsoever without the Ports and Mem∣bers 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 what∣soever 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 Con∣stable, Bailiff, or other Officer and Ser∣vant to Us or Our Heirs, without the Ports and Members aforesaid, against his Will; And in case that any of the afore∣said Barons, Honest Men, or their Heirs and Successors, be for the future chosen, ordained, or appointed to un∣dergo 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,

Page 42

and efficacy of this our present Grant, although he shall refuse to undergo, perform, or take upon him those Of∣fices or Troubles, yet he shall in no wise upon that account incur any Fine, Con∣tempt, Forfeit, loss or damage upon his Body or Goods; but that Our present Letters shewed upon Record by him before any Justices and Officers whoso∣ever to Us and Our Heirs, in whatso∣ever 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 Exa∣minations to be made before Our Con∣stable of Our Castle of Dover, or before the Warden of the Cinque-Ports afore∣said, or Admiral of the fame, such In∣quisitions shall be had, taken and done within that Port or Member of the Ports and Members aforesaid, where they of the respective Ports and Mem∣bers, 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 afore∣said shall no way be bound, compelled,

Page 43

or forced to go out of their respective Port or Member to any other place, to take their Charge or deliver their Ver∣dict; Nor shall they nor any of them any way upon that account incur any contempt, amerciament, penalty, for∣feiture, or any loss, to Us or Our Heirs. Wherefore We Will and strictly Com∣mand for Us and Our Heirs,* 1.27 that the afore∣said Barons and Honest Men of the Ports aforesaid, their Heirs and Suc∣cessors, have all and singular the Liber∣ties 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,* 1.28 or Our Officers whoso∣ever, they for ever use and enjoy them; Witness hereunto the Reverend Pre∣late Thomas Arch-Bishop of Canterbury and Primate of all England, Our most Dear Brothers George Duke of Clare, and Richard Duke of Glocester, the Re∣verend Priors George Bishop of Exon Our Chancellor of England, and Tho∣mas Bishop of London, Richard Earl of Warwick, and John Earl of Northumber∣land Our most dear Cosins, as also Our Trusty and Well-beloved Mr. Robert Stillington Keeper of Our Privy-Seal,

Page 44

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 like∣ing 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 Ho∣nest 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 Westmin∣ster 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 Pre∣sents do Ratifie and Confirm them to Our Well-beloved Barons and Honest Men of the said Cinque-Ports and their

Page 45

Members, and to their Heirs and Suc∣cessors, as the Charters and Letters aforesaid do reasonably Testifie: In Witness whereof We have caused these Our Letters to be made Patents, Wit∣ness 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 afore∣said, and all and singular the things contained in them, do accept and ap∣prove of them for Us and Our Heirs, as much as in Us lieth, and by the Te∣nor 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 Char∣ters and Letters aforesaid do reason∣ably Testifie: In Witness whereof We have caused these Our Letters to be made Patents, Witness Our Self at Westminster the Twentieth day of No∣vember, 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

Page 46

Presents do Ratifie and Confirm them to Our Well-beloved Barons and Ho∣nest 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, Wit∣ness 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-be∣loved 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 where∣of 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 late Queen, about the Grants to the Barons

Page 47

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,* 1.29 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 Succes∣sors for the time being, or which here∣after shall be, to whom it shall or may appertain, and to every of them Greet∣ing. Whereas it appeareth unto Us by one Record remaining in Our Ex∣chequer, amongst the Records of the Term of Easter, in the Sixth year of the Reign of Our most Dear Grand∣father King Henry the Seventh, That John Convers of Winchelsea, and Wil∣liam 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 exhi∣bite to the said Court there, a certain

Page 48

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 Ba∣rons 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 Sove∣reign 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, Wil∣liam 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 Do∣ver, and Thomas Aldy Mayor of Sand∣wich, which send due Recommendati∣ons in all humblewise as appertaineth: And whereas it hath pleased our Sove∣reign Lord, by the Advice of his Coun∣cil, is Agreed that the Sustentation-Subsidy

Page 49

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 Cer∣tificate 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 Ba∣rons in His said Exchequer at West∣minster, to the accomplishment of the same, We the said Mayors, Bayliffs, Jurats, and Barons, certifie by these Presents, that we, the day of the ma∣king

Page 50

hereof, have given full Power and Authority to our Right Trusty, and Right Well-beloved Brethren and Com∣bons, Mr. John Convers of the said Town of Winchelsea, and William War∣wyn 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 Recog∣nizance in the said Kings Exchequer, before the said Barons in all due and convenient Form, and Sum reasonable, after the said Wisdoms and Discreti∣ons of the said High-Treasurer, and the said Barons for the accomplishment of the Premises, that is to say, That we nor our Heirs shall not from hence∣forth exceed the said Sum of Five hun∣dred Pound.

In Witness whereof, we the said Mayors, Bayliffs, Jurats, and Ba∣rons, the Seal of our said Brother∣yield 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.

Notes

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