Rye Custumal and Copy of the Charters of the Cinque Ports

RYE/57/3

Rye Custumal and Copy of the Charters of the Cinque Ports

c.1560-1605

Pasted inside the front cover, and possibly forming a previous end paper, is a sheet bearing an inscription that Robert Convers has freely given this book to the town, with his signature and those of 9 witnesses, dated 22 March 1619). The volume was evidently complete at this date and judging from the handwriting was compiled in the middle of the 16th century but subsequent to Elizabeth's charters of 1559 (fos. 17-44) and prior to the Articles of 1576 (fos. 74, 75) which are in a later hand. The charter of James I, 1605, completed the collection.

Bound in at the beginning are: (i) Letter, 8 March 1657, from the mayor and jurats to Mr. Edmundson at the Freeschool in Tunbridge, co. Kent, offering him the post of schoolmaster at Rye. The revenues are £32 yearly and they are in suit for another £4. The school has 3 large rooms and a garden. (ii) 19th-century note of an inscription on a Rye bell, 1566.

The contents in detail are as follows:--

fo. i Table of contents, incomplete.

fo. 1 blank.

fos. 2-16 The Custumal. Heading similar to RYE/57/2. In 65 articles as in Holloway. English. Fine decorated initial 'I.'

fos. 17-31 Inspeximus of the charters to the Cinque Ports, dated 8 March 1560), with annotations in red and black. Latin. Fine decorated initial 'E.'

fos. 32-44 Another inspeximus dated 20 November 1559 having the same text in English.

fos. 45-48 blank.

fo. 49r. Title: 'Herafter do ensue the the [sic] true tenors of the graunts Acts and ordinaunces made concerninge the privileges liberties and Jurisdiccion of the barons of the Cinque Ports to be bailiffs within the Towne of Greate Yermouth yerly during the fayer there.'

fos. 49r-52r The Dyte or ordinance and composition of Edward I dated 20 May 1277 and 31 March 1305 and the inspeximus and confirmation of 18 July 1364 in English. (See No. 57/1, fos. 52v-55r; Jeake, pp. 13-17 from whose version this differs slightly.)

fos. 52r-53v An Act for regulating the herring fishery, 31 Edw. III, stat. 2 (1357). English.

fos. 53v-54v The form of the articles of the proclamations at Yarmouth Fair. English.

fos. 54v-55v Agreement made by the King and Council for the sale of herring at Yarmouth Fair, 25 September 1359. English and Latin. (Jeake, pp. 18, 19.)

fos. 55v-56r Mandate directed to the provost, men and commonalty of Great Yarmouth to enforce the composition of 20 May 1277, (This was in fact the Dite of Edward I, the composition being dated 1305.) dated 15 October 1373. Latin. (Jeake, p. 19.)

fo. 56v. blank.

fos. 57-59 Description of the rules and forms of process in actions between freemen of different corporate towns. 33 articles. English.

fos. 60-61 Agreement between Hastings, Winchelsea and Rye for apportioning common charges. English. (See. RYE. 58/2; Jeake, pp. 95-7.)

fo. 62 blank.

fo. 63r Title: 'Of the pryvileges betwene the Cinque Portes and the Citie of London of forren bought and forren solde.'

fos. 63r-67 A memorandum vindicating the privilege of the barons of the Cinque Ports to buy and sell freely throughout the realm, against the claim of London that no stranger shall buy or sell within their liberties. It quotes the issue raised by the confiscation of goods purchased by some drapers of Winchelsea and Rye in the mayoralty of Sir William Butler (London, 1517). Their complaint was taken up at the Brodhull of that year. It recites London's charter dated 4 December 1377 and the clause of Edward's I's charter to the Cinque Ports 'quod barones . . . . erunt libera de tota vendicione achato et rechato suo per totam terram et potestatem domini regis,' which precedes in date the particular privileges claimed by London. Finally it cites the writ directed to the lord mayor and sheriff of London dated 1 May 1368 upholding the Cinque Ports privileges and a certificate of the lord mayor and aldermen of redelivery of the tolls demanded of the two barons, dated 1368. English and Latin. (Jeake, pp. 8-11. This comparison suggests that Jeake used this volume.)

fos. 67-71 A memorandum vindicating the right to try felonies committed within the respective jurisdictions of the ports, and to reclaim both felon and his chattels from outside the liberty for that purpose. A precedent of 1517 is quoted; John Burrell of Lydd, co. Kent, painter, stole a horse in Rye. He was caught at Alfriston and taken into custody by the Abbot of Battle as within his jurisdiction. With the support of a special guestling held at Winchelsea, the case was taken to the King's Bench, where judgment was given in favour of Rye. The felon was returned to Rye and duly tried. The indictment and the certificate to King's Bench of the proceedings taken are quoted in full. English and Latin.

fos. 72, 73 A note of 'doubts and ambiguities conteyned in the newe charter,' with answers by the 'apprentyses and Serieants of Lawe and after that with Justices' on the right of the King's bailiff to have execution of arrests, and the definition of a resident. Followed by various precedents of process made temp. 24-29 Hen. VI (1445-51). English.

fos. 74-75 Articles, Orders and Resolutions set down by arbitrators between the Cinque Ports and Great Yarmouth, 31 May 1576. 10 articles. English. (Jeake, p. 20.)

fos. 76-96 General Charter to the Cinque Ports, 30 Feb. [recte January] 1605. In English translation.

fos. 97-132 blank.

English

1 Vol.

A folio volume, paper, comprising 132 fos. in original boards bound in elaborate 17th-century tooled leather cover in four separately patterned panels, the central space being diapered and having the letters 'I.S.' inscribed in the lozenges. The spine, which has the above title stamped on a label, has been repaired. The foliation, which commences on fo. 2 and ends at fo. 98, is 18th century.

The volume has at one time been in the possession of Brighton Public Library, from which it was returned to Rye.