But if he have any child before that day of grant, or else, that he get any child, otherwise than in spousehood, he shall not have the franchise by the same grant.

But if it be of new grant, viz. the jurors may not grant the franchise to a strange man, if he be not resiant within the franchise.

43. Letters of Franchise.

Also, it is used, not to grant a letter of franchise, longer than two years; because a combaron, having letters perpetual, may be robbed of his letter, and the robber make use of it to his own advantage, in every port where he come, to the great harm of the King, and the blemishment of the franchises.

44. The Town-Clerk to write the Letter.

Also, that no clerk be suffered to write any letter to the comen seal, but the comen clerk, that is chosen to serve the said comen, and is sworn to the office.

45. Merchants claiming.

Also, that every freeman may claim part of every manner of merchandize, if he be at the beginning; if it be not so, then the principal merchant can say nay, that he ought not to receive part, for this cause, that he is no freeman of the franchise; or else, that he is flying some town, for the cause of service of our Lord the King; or else, that he hath done against the franchise of the Cinque Ports, by which he is blemished. No strange man, not a freeman, shall receive a part among those freemen, against their wills, as it is shewed in the charter of our Lord the King, to us granted; but a freeman of the town shall have the half, at the price he hath bought it, if he claims it.

46. Forestalling.

Also, of any man, of what condition soever he be, that be found forestalling the market, by land, or by water, be he the buyer of corn, fuel, timber, fish, flesh, or salt, or any other merchandize, coming to

wards the market, in hindering our Lord the King, and his people, and he therefore be attaint, by the said things which he hath so bought, be forfeited to the King, if they be found within the franchises; and the said buyer be arrested, if found within the franchise, and punished by our Warden of the Cinque Ports, after the tenor of the charter of our Lord the King, to us granted, by which he maketh mention. And we prohibit any from unjustly disturbing the market, under the penalty of ten pounds.

And if a resident freeman be found guilty in this case, let him be amerced, the first time, twenty-one pence; at the second, forty-two pence; and the third time, be he amerced seven shillings; and if found guilty the fourth time, forswear the town a year and a day, or else make the fine. And in case that he be no freeman, be he amerced, at the first time, forty-two pence; at the second, seven shillings; at the third time have the pillory; and the fourth time, forswear the town, as above, or else make fine. And this pain remaineth upon all maintainors, as well as the forestallers, if they be attaint upon it.

47. Holding of Markets.

Also, that no man pursue no stranger, nor hold any market, before sun-rising, nor after sun-setting, except fishermen coming off the sea, which may sell their fish between sun-rising, and the clock of the curfew, and upon pain of forfeiting the merchandize so sold; and that forfeit shall be to the seller and the buyer. And it is for to wit, that the profit and the loss of the fish shall belong to the comen.

48. Obligations.

It is used, that if A. de B. come into court, and make known before the bailiff and the barons, that he is there bound in a certain sum, more or less, for to pay at a certain day to A. B. or else to hold such a covenant, and in what manner the knowledge be made in court, it shall be entered on their rolls, paying to the clerk for his trouble; and if the said A. de B. will with-say the said recognizance, it shall be told

against him. If a strange man shall make such knowledge in the court, and hath not whereby he may be justified within the franchise, the jurors, at the suit of the plantiff, ought to write to the bailiff or good folks of the town or city that he is dwelling, to be witness of the recognizance.

49. Final Concord.

And it is used, that when man or woman deliver up lands or tenements within the franchise, or any other right, as by fine, by which it is needful to have the common seal of the town for record, the bailiff, in the presence of the barons, shall examine the party defendant in playn court, in the manner as they do at common law; and he that shall pay the price for the lands, shall pay to the comen, and the clerk, the fecs due; and therefore shall be made an indenture, whereof one part shall be left in the town, for witness of the same, and the second part shall be left with the trustee, sealed with the common seal. And in case that the same defendant may not travel for sickness of body into the court, the bailiff and the jurors shall go and examine the said party, and receive the recognizance, as is aforesaid.

50. Jurors may make a Distress without the Bailiff.

Also, the jurors may, by virtue of their office, take a distress, and sequester, without the bailiff, for debt due to the crown; and so may the sergeant, by command of the jurors.

51. Jurors may make Attachment.

And also, the said jurors make attachment, without the bailiff, upon all them that they find rebels, touching the service of our Lord the King; and in all other points, which toucheth the commandment and the profit of the comen franchise of the town. And these same rebels, after the quantity of the trespass, to be punished.

Also, if any fighting, or debate, be done in the presence of the jurors, the jurats may attach the parties in maintenance of the peace of our Lord the King, and them lead to prison, and be delivered to

the bailiff, with the cause; and the bailiff shall them receive, and put into ward, untill both the parties have found good sureties of the peace, and upon that be they delivered; and the bailiff's sergeant shall have his fee of both.

52. Keeping the Peace.

Also, the bailiff and barons of the town may ordain certain ordipances for the profit of the comen, upon certain pain, the which shall be received for the comen profit, if they be broken.

53. Taking a Clerk.

Also, the jurors may take a clerk, and an assistant, as they may between the said jurors, and the clerk, and assistant agreed and bargained; the which clerk and assistant shall be sworn, that they shall be true to the town of Romney, and that they hold the common council; and also, that the said jurors may take, in every ward, eleven servants or assistants, which they will, for to gather their collars in their ward, by their order; and to this they shall be sworn, without any bargain to take of the comen.

54. Assaulting the Sworn Men.

Also, if any man mis-say the sworn men, or any one of them, or set his hand upon them, whereby the peace of our Lord the King is troubled, the bailiff shall have power to arrest him, and to put him in prison, without any deliverance, untill he hath made agreement unto the comen, by taxation of other jurors. Also, that he be not delivered, untill that he hath made agreement with the other jurors, to whom the trespass was done, so as they may accord between them; or else, by taxation of other jurors; and the same of the clerks, and other

-servants.

55. Magistrates, &c. may hold Taverns.

Also the bailiffs, jurors, and other ministers of the town, may hold taverns of wine and ale, and retail merchandize, notwithstanding their office, so that they do not sell more dear on account of their office.

56. Of an Order from the King, or the Warden.

Also, at what time our Lord the King, or his Warden, sends his command to his bailiff and the barons, the bailiff shall not break the commandment; but, if to be, unless he be in the absence of the jurors; nor the jurors, unless he be in the absence of the bailiff. But if it be that the commandment come directed to the bailiff, or to the barons, if that be charged, the bailiff shall blow the common' horn at every corner of the town, and shall read the commandment in the place where they hold their court.

Also, no other bailiff shall be suffered to bear the yeard in attachment, or other execution done within the franchise, but the bailiff of the town, or the minister of our Warden of the Cinque Ports; and that in fault of right also be reasonable pass and warrant.

57. Weighing of Bread.

Also, when the bailiff likes to take bread of bakers, the bailiff shall take two barons resident on the part of the King, that they go with him to take the bread; viz. the bailiff ought not to enter the demesne of any freeman to take bread; but the said barons shall enter, and take of every man such one loaf of bread, and deliver to the bailiff; and when they have thus taken the bread through the town, one of the barons aforesaid shall fill the sack in the which the loaves are gathered in, untill they come to the court; and then the bailiff shall blow the common horn, in four different parts of the town, to assemble the people and the bakers, to pursue for their bread; and when the bailiff is come into the court, and the bread with him, he shall charge

Vol. ii.