Also, no court of Shepway ought to be holden, unless the warden be there in person, and with him the and with him the mayors and bailiffs of the Cinque Ports, to inquire first, by twelve barons there sworn, if any have spoken treason against the King, or counterfeited the King's seal.

64. Of the Coronation.

See the Customal of Dover, section 37, page 266 of this volume.

Also, it is to wit, that the usages, all in the manner as they be here-before written, were thus returned in the Castle of Dover, by the command of Sir Roger Mortimer, Constable of Dover Castle, and Warden of the Cinque Ports, on the morrow after Saint Michael, in the thirtieth year of the reign of Edward the Third'; and all, at that same day, returned every town of the Cinque Ports their usages, which they claim for to use within themselves. Amen.

'The language of this paper appears to be very different from that of the other Customals; and seems to justify the Supposition, that it is a more ancient transcript from the original translation. In some instances, to render the sense more perfect, a few words have been introduced between crotchets; and such words as were not legible are left blank. The reader will also find, at the end of the Customals, an Explanation of some of the obsolete terms here made use of; but there are still many passages which are obscure, and difficult to be understood. The Author does not feel himself justified in giving these passages a more modern form, and he has therefore suffered them to appear in the same language he received them,

THE CUSTOMAL

OF THE

TOWN AND PORT OF RYE.

·These have been the Usages of the Mayoralty of the Town of Rye, used Time out of Mind, which Men's Minds cannot think the contrary.

1. Chusing of Mayor; when and where the Mayor shall be chosen.

That every year, the Sunday next after the feast of Saint Bartholomew, all the men of the comonalty of the town, shall be assembled at the church, being within the church-yard of the parish of the same Rye, and there, by the whole commonalty, shall chuse them a mayor.

2. If the new Mayor be not present, the old shall continue till he be. If the said mayor, who is elected and chosen, be not present, to accept and receive his charge, the mayor which was before shall not be discharged from his office, until the time the mayor which is chosen be charged by his predecessor.

3. If the Mayor refuse.

And if the new mayor, so chosen and elected, will not take his charge, but refuse it, the whole commons together shall go beat down his chief tenement; but if the new mayor which is elected be present, and will accept his charge, he shall be sworn as follows.

4. The Mayor's Oath.

Ye shall bear faith to our sovereign Lord the King of England, and to the commonalty of the town of Rye, and the franchises and

THE CUSTOMAL OF RYE.

345

usages of the said town righteously shall maintain, and the common of the same keep, and right to the poor, as well as to the rich, do administer to your power. So help you.

5. Election of Mayor, if the other die before the End of the Year; and the Election of Jurats.

!

And if the mayor die, before the day come for the election, the jurats shall doe their common bell to be rung, whatsoever time of the year it be, for to assemble their commons, for election of another mayor; which, when elect, shall occupy the office untill the next day of election. Also the new mayor, the day of his election, shall chuse twelve jurats, of the prudence of all the commonalty, which shall swear unto the King all such oath as the mayor hath sworn; and if there be any which should be chosen, at the calling of the mayor, and refuse so to do, he shall incur, and fall into the pain abovesaid of the oralty.

6. Election of the Common Clerk, and his Oath.

may

Also, the said day and place aforesaid, the mayor and jurats forthwith, with the assent of the said commons, shall chuse them a common clerk, which shall swear in these words.

I shall faith bear unto the mayor and jurats, and the commonalty of this town of Rye, and truly their secret council shall keep, to my power. So help me.

7. Election of Sergeant, and his Oath.

Also, the same day and place, the mayor shall chuse him a sergeant, which shall make his oath, that he shall faith and truth bear unto the mayor and commonalty of the town of Rye; true arrests, and true entrance make, with the common clerk, of all arrests that he shall do, as it appertaineth, after the usage and customs used within the said town and franchises in times passed.

8. The King's Bailiff, and his Oath.

As touching the King's bailiff, it is in his will to reinove him at his pleasure; and in case the bailiff die, or the King remove him from his office, and make another, then shall the King make a commission, with letter of attendance, directed to the mayor and jurats, under the seal of his court of chancery; which bailiff shall shew his commission to be read; and then the mayor shall take him his oath and charge, under these words.

By the allegiance you owe unto the sovereign Lord the King, you shall do execution and righteousness, without blemishment of his town of Rye, and franchises, after the usage and customs in the same town used. So help you.

9. Election of the Bailiff's Sergeant, and his Oath.

And then the said bailiff shall elect him a sergeant, for the which he shall answer; the which sergeant shall make his oath to the mayor and jurats, in the form following.

I shall be good and true unto my sovereign Lord the King of England, and his heirs, and to the town of Rye, and the commonalty of the same. All arrests I shall truly enter with the common clerk; and all other things belonging to the office of bailiwick of this said town of Rye, within the franchise, and shall truly execute, without any blemishment of the franchises, to my power. So help me.

10. Of bearing the Rod, and not sworn Sergeant.

And if any one bear the rod as sergeant, and hath made no such oath, he shall be taken by the commons as no sergeant, untill he hath taken his oath as abovesaid.

11. Collector of the King's Petty Customs.

And the bailiff and his sergeant shall take the King's petty customs in the said town and franchises, as it further appeareth by the Customal

12. Of the Coroner, and his Office.

And if any man be found dead within the franchise by adventure, or be any bodies dead on land or water, the mayor shall have the first sight of the body, as coroner; which mayor, by his sergeant, shall do the county, to come before him, in his franchise; out of which county he shall take an inquest. And if any man be indicted of the same inquest of the death of the body which is present, the mayor shall attach the person so indicted, if he may find him within the franchise; and if he be found, he shall remain in the mayor's ward and keeping, within the franchise; but as soon as he can, after his imprisonment, he may find sufficient mainprise to appear unto the law.

The mayor shall deliver him unto the mainprise, untill the next hundred which shall be ordained before the said mayor; at which hundred he who is so indicted shall come, and stand before the countie in the manner of a felon; and proclamation shall be made by the common clerk, at the commandment of the mayor, that if there be any that will come to pursue, in the form of the law, against him that is indicted of the felony as aforesaid, let him come in due form of law, and he shall be heard; and then let him that is so indicted be returned in like case as he was before, untill the time that his proclamation in such form be made the hundred after. And if there come no man in the third hundred to pursuc, he that is indicted shall then be void, and quit from the said indictment.

13. Appeal of Life and Members, and Pain of Appellation.

And it is to be understood, that no hundred shall be holden after another, less than fifteen days assunder. And if any man come to pursue against him that is indicted by appeal, he that is indicted shall be arraigned of the said felony; and if he forsake the felony, he shall be charged by the mayor unto his having acquittal, under the form ensuing; viz. he shall charge, at his own jeopardy, thirty-six men, the King's true leige men, of good fame, which shall be ready at the next