The Old Custumal

RYE/57/1

The Old Custumal

c.1550-1635

The writing is consistent with having been written at one time in one hand to fo. 67 in about 1550 or soon after, possibly continued in the same hand to fo. 70 giving a date about 1571, the year of John Donnynge, mayor (see fo. 1r). The later entries are in 3 different hands. The contents in detail are as follows:

fo. 1r 'John Donnynge Maior 1571.' Scribblings including the name of John Prowze.

fos. 1v-38v Copy of Edward VI's charter to the Cinque Ports. Latin, with parallel English translation and marginal headings.

fo. 39r 'Le Table de le Customes de la ville de Rye.' 66 headed articles. French.

fos. 39v-49v 'Theys byn the usages of the Commonaltye of the towne of Rye used ther of tyme owte of mynde which mennes myndes cannot thynke the Contrarye.' English. These agree, apart from verbal differences, with the custumal printed by Holloway (pp. 135-158), the differences in numeration of the articles being set out below.

Table (fo. 39r) Contents Holloway

1-12 1-12 1-12

13 13 13

14 14 13

15-44 15-44 (a) 14-43

45 44 (b) 44

46-66 45-65 45-65

fos. 50-51r Court of Shepway. Concerning the Warden taking his oath there and holding the court. (Jeake, pp. 72-5, who dated the original c. 10 Hen IV; Holloway, pp. 83-85.)

fos. 51-52r Concerning the coronation of the King and Queen. Latin. Also form of petition for coronation honours. French. (Former in Jeake, pp. 130, 131; Holloway, pp. 70, 71.)

fo. 52r Charter of exchange between Henry III and the abbot and monks of Fécamp [15 May 1247], copied only a little beyond the Habendum clause. (Jeake, pp. 106, 107; Holloway, pp. 278-83. For an inspeximus, see No. 45/13 above.) Latin.

fos. 52v-55r. Inspeximus and confirmation of the Dite or ordinance and composition in a dispute between the barons of the Cinque Ports and the inhabitants of Great Yarmouth [originals dated 20 May 1277 and 31 March 1305 confirmed by Edward III 18 July 1364]. English. (Jeake, pp. 13-17.)

fo. 55v Names of the Cinque Ports and their members, with the ship service owed by each in 1229. Latin. (Jeake, pp. 25, 26; Murray, pp. 240, 241.)

fo. 56r Writ of mandamus, the King to Roger de Mortimer, Warden, dated 15 May 1358. Whereas the barons of the ports have complained that against their customs and charters, by which they are not to be impleaded outside their own courts, other than the right of the Warden to enter and do right in default of justice, they are being impleaded before the Warden and his ministers both at Shep-way and elsewhere within his liberty to the great grievance of the inhabitants of the ports. The Warden and his ministers are to desist henceforth from such actions, allowing pleas to be determined in the courts of the ports without interference, and directing complainants to sue in the proper courts. (Murray, p. 104.)

fo. 56v Billet for allowance against the 2nd fifteenth [subsidy] payable 30 June 1547: Alexander Welles 20d., Richard White 8½d. and Robert Edenden 7½d. in the township (villata) of Hope in Goldspur hundred. Latin. (Jeake, pp. 113, 114. For a discussion of these documents see RYE/80 below.)

fo. 57r Commission of a bailiff to Great Yarmouth, n.d. [? 1545]. The barons of Hastings, Winchelsea and Rye especially to the bailiffs, burgesses and inhabitants of Gt. Yarmouth, appointing Thomas Byrchett bailiff there during the time of the fair, being 40 days following Michaelmas, to do justice and govern according to custom. Ibid. Opinion on the clause of the Cinque Ports' charters granting real, personal and mixed pleas to be held before the respective mayors and jurats, with power of attachment, whether in this case the King's bailiff shall have the execution of arrests as he had before the grant was made or not. On consultation with apprentices, serjeants-at-law and justices, it was answered that the power of the king's bailiff was voided by the grant and arrests belong to the towns' officers. n.d. English. (See also RYE/57/3, fo. 72.)

fo. 57v Precept to warn the Brodhull to attend, directed to the mayors, bailiffs and jurats of Winchelsea, Rye, Romney, Hythe, Dover and Sandwich. n.d. English.

fo. 58r. Note on the freedom of the barons of all their selling, buying and rebuying, granted in a charter of Edward I (1278), which was upheld against London in 1368. English. (See also RYE/57/3, fos. 63-7; Jeake, pp. 8-11.)

fos. 58v-59r Certificate from the mayor, barons and commons of Rye on behalf of Adam Lyster, combaron. Recites the privileges of the Cinque Ports granted by charter, testifies that Lyster enjoys these, and requires all persons to respect them, giving him no injury. n.d. Latin and English versions.

fos. 60-62r Ordinances of the Assembly at Rye, regulating justice and trade, agreed 26 August 1396 (John Baddyng' mayor), 1 April 1425 (Thomas Pers mayor) and 4 September 1429 (William Broughton, mayor). English.

fos. 62-63r Decrees of Guestling at Winchelsea 16 February 147-8, of a special Brotherhood at Romney 14 May 1478, of an undated Brotherhood, and of a Guestling at Winchelsea, 8 July 1479. English.

fo. 63r Minutes of Assembly of 28 November 1479 and Hundred of 4 December 1479. English.

fos. 63v-64r Testimonial for the sergeant to seek out a sworn prisoner to the mace, undated [6 September 1481, see RYE/33/7, fo. 32]. To all justices, sheriffs, mayors, bailiffs and constables. Recites that among the privileges confirmed by parliament held on 23 March 5 Edw. IV (1464-5) was the right of any mayor or bailiff of the Cinque Ports to send for and take any escaped prisoner pertaining to any cause within the liberties. Wherefore they are to assist John Atterson, bearer hereof, servant and sergeant of John Silton, bailiff of Rye, who had in his ward Thomas Wolven late of Flimwell, rippier, arrested at the suit of Peter Lynsford. The said Thomas was sworn to 'permayne' as true prisoner within the franchise, but had absented himself. Witnessed by Stephen Wayt, mayor, under seal of office. English.

fos. 64v-66r Writ under privy seal directed to the treasurer and barons of the exchequer, 18 March 154-7 giving the barons of the Cinque Ports full quittance in respect of Fifteenths, Tenths and Subsidies. English. (Briefly quoted by Jeake, p. 80. Cf. also RYE/45/6 dorse for a similar writ of 1393.)

fos. 66v-67r. Ordinances made at a Common Hundred on 8 September 1550 concerning work about the town and harbour and about town administration, with a statement of the rate of the Maltode. Includes a resolution 'that thold Auncyent statuts of thys Towne shalbe confirmed gathered together in one boke'; and 'yf any thyng after thys shall come in remembrance whych may profyte ye towne yt to be taxed en comen assembles frome tyme to tyme untyll yt be confyrmed in hundred.' English.

fos. 68-69r. Wills of Augustin Swetinge of Rye, dated 7 February 157-1, and his wife Margaret Swetinge dated 21 March 157-2, the latter proved in the Prerogative Court of Canterbury, 6 May 15[7]2.

fo. 70r blank.

fo. 70v Testament and will of Michael Phillip of Rye, fisherman dated 23 April 1527, proved at Lewes 21 September [1527], (The earliest surviving register of wills proved at Lewes, now among the probate records deposited in the East Sussex Record Office, covers the period 1518-46, but does not include this will, so that the date of probate is not certain.) which includes a direction, on the death of direct heirs, to his feoffees or churchwardens to sell his house and dispose of the proceeds at their discretion. (This and the succeeding wills have an unusual arrangement, separating the testament of personalty from the will bequeathing the real property.)

fo. 71r. Testament and will of Michael Medcalfe of Rye, sergeant, dated 6 January 1574, proved in the Prerogative Court of Canterbury January 1574. Includes bequest of 4 marks yearly arising from his house, of which 10s. is to be paid for 2 sermons preached at Candlemas and St. Bartholomew the Apostle's day and the remainder distributed to the poor by the collectors yearly.

fo. 72r. Testament [not fully transcribed] and will of William Grenslede of Rye, merchant, dated 14 September 1561, proved at Lewes 10 October 1571. (Entered in Archdeaconry of Lewes register of wills A4, p. 538.) Includes devise of rent of 40s. per annum from his house to be paid to the use of the poor unless a free school be set up in the town within 2 years of his decease, in which case the rent is to be devoted to the latter use. The entry is certified by William Appleton, common clerk.

fos. 72v-73r. Testament and will of Robert Clerke of Rye, dated 30 November 1577, proved at Lewes 13 December 1577. (Ibid. A7, p. 76.) Includes devise on death of direct heirs of proceeds from the sale of his houses, to be divided between the town, the poor and George Thorpe of Rye.

fos. 73v-76r Will of William Radclyffe of Rye, jurat, dated 15 June 1603, proved at Lewes 27 August 1603. (Entered in Archdeaconry of Lewes register of wills, A11, p. 208.) Includes a devise of a yearly rent of 20s. from his principal house to the use of the poor and provision for the will 'to be recorded amonge the Recordes of the Towne . . . . by the Recorder or Towne clarke.'

fos. 77r-87r blank.

End paper. 'The 4 May 1635 Boatswayn Arkinstall & John Birthby were here & prest men for ye ships.'

English

1 vol.

The volume is bound in dark brown leather, having a blind-tooled rectangular design enclosing a blank shield. It contains 87 fos. of paper, 12½ x 91/8, with watermark of a two-headed eagle with wings displayed, incorporating a shield a bar in fess impaling bendy of 8 pieces, surmounted by a lombardic crown.