The Charters of the Cinque Ports – Are They Still Needed ?

The Cinque Ports were a collection of ports on the east coast of England which from early times were granted, by charter, a number of Crown prerogatives in return for providing a ship service to the Crown. The earliest charter still extant dates from 1278. However, there may have existed charters granted by sovereigns to some or all of the Cinque Ports going back to the time of Edward the Confessor (1042-66). The original Cinque Ports were the ports of Hastings, Dover, Sandwich, New Romney and Hythe. To these five ports were added probably prior to 1210 the towns of Winchelsea and Rye. And to these were later added corporate and non-corporate members (or limbs), being other smaller ports. The heyday of the Cinque Ports was in medieval times when they provided a vital navy for the protection of the realm. Today, the Cinque Ports, and their charters, still exist. However, the purpose of this article is to review the terms and meaning of these charters, in order to determine whether they are now obsolete and should be cancelled. That is the conclusion.


Introduction
A previous article in this journal has considered in detail the multitude of charters granted by the Crown to the City of London (the 'City') from very early times. 1 In these charters, grants were progressively made of Crown prerogatives (privileges) to the City and they provide a fascinating insight in the manner in which the City -and its citizens -freed themselves, over the centuries, from Crown interference in many matters and obtained a considerable measure of self-governance.Why did the Crown grant such prerogatives?In the case of the Citywhich was the effective capital of England even prior to the Norman Conquest of 1066 -they were granted in return for financial and political support to the Crown in times of need.The article concluded that, fascinating as these charters are, they are long obsolete today and they should be cancelled, in order to help rationalise English law and make it more serviceable and intelligible to the general public -as well as to lawyers. 2 Besides the City there was another institution of great antiquity -one which still exists -which also received many charters in early times.The Cinque Ports.However, in their case, Crown prerogatives were not given to them for financial or political reasons.They were given in return for the Cinque Ports providing ships for naval service -for these ports provided a bulwark against foreign invaders besides conducting a considerable amount of piracy on the side (in respect of which many a sovereign was prepared to turn a blind eye).Thus, the Cinque (a) A charter of Edward I (1272-1307) of 17 June 1278. 16It set down the Crown prerogatives granted to the barons (the freemen) 17 of the Cinque Ports.There were also two letters patent of Edward I dated 28 April 1298.The first quit the ships of Portsmen of all tallages and aids in respect of their ships and tackling.The second dealt with the contribution of members to ship service; 18 (b) Edward II (1307-27) granted a confirmatory charter of 26 July 1313; 19 (c) A charter of Edward III (1327-77) of 25 February 1326 (exemplified on 26 February 1327) explained wording relating to the contribution of ships in the second charter of 28 April 1298 (see (a)). 20Edward III also granted a confirmatory charter of 1 st July 1364; 21 (d) Richard II (1377-99) granted a confirmatory charter of 22 January 1378; 22 (e) A charter of Edward IV (1461-70, 71-83) of 23 March 1465 23 confirmed the charter of 1278 (see (a)) as well as gave further prerogatives; 24 (f) Henry VII (1485-1509) granted a confirmatory charter of 13 th December 1487, 25 Henry VIII (1509-47) one of 5 March 1510, Edward VI (1547-53) one of 20 November 1548, 26 Mary I (1553-8) one of 27 October 1553 27 and Elizabeth I (1558-1603) one of 8 March 1559. 28here were also letters patent of Elizabeth I of 20 January 1601 concerning fifteenths (a tax, see 6(b)). 29As Jeake notes, these charters contained nothing the Ports had not enjoyed before: 30 (g) James (1603-25) granted a confirmatory charter of 30 January 1604 31 and Charles I (1623- 49)  one of 16 June 1634. 32(h) Charles II (1660-85) granted a charter of confirmation of 1668, which consolidated all the charters previously mentioned. 33This charter governed the Cinque Ports until the Municipal Reform Act 1834. 34st of the abovementioned charters were confirmatory only.Those which set out the substantive grants by the Crown of prerogatives (privileges) were the charters of 1278, 1465 and 1668.These, therefore, are the ones principally cited in this article.Charters (now lost) were also granted by sovereigns to the Cinque Ports prior to 1278.These were referred to in the charter of 1278 which stated that the Portsmen: may have their liberties and freedoms from henceforth, as they and their ancestors, [had] them at any time better, more fully, and more honourably have had in the times of Edward [the Confessor, 1042-66], William the First [1066-87] 35 and Second [William Rufus, 1087-1100], 36 king Henry [II, 1154-89], 37 … and in the time of king Richard [I, 1189-99] 38 and king John [1199-1216, confirming those of Henry II] 39 … king Henry III [1216-72] 40 … kings of England, by their charters, as the same charters, which the same our barons [ie. the Portsmen] thereof have, and we have seen, do reasonably testify. 41e oldest Cinque Ports charter now extant is that of 1278. 42However, the earliest charter proving the existence of the Cinque Ports was likely one of Edward the Confessor (1042-66). 43 When Edward the Confessor [1042-66] granted his charter there were likely five -or maybe it was just three ports -required to provide ship service.These ports may have derived from the nine ports originally under the control of a warden in Roman times; 44  Post-Conquest, it seems that William I (1066-87) severed the Cinque Ports from the civil and military jurisdiction of the counties of Kent and Sussex, creating a form of palatine jurisdiction which was placed under a warden (gardien) who had his seat at Dover; 45 There seems to have been a Domesday book of the Cinque Ports (c.1230) which recorded the prerogatives that had been granted to them by the Crown in charters.However, the original of this book appears to have gone missing since the latter part of the reign of Charles II (1660-85). 46The nature of the ship service required of the Cinque Ports will now be considered.

Ship Service (a) Ships Provided by the Portsmen
The Cinque Ports received their charters and prerogatives in return for ship service.The charter of 1278 provides that: for the faithful service which our barons of the Cinque Ports have hitherto done to our predecessors 35 Green, n 5, p 12 notes that Domesday Book 1086 indicated that Dover had sac and soc and that Romney had 'all dues and other fines'.
The Domesday Monarchum recorded that Hythe was quit of all dues through all England, due to their ship service and that Sandwich provided ship service like Dover.See also J Rastell, Termes de la Ley (London, printed S Roycroft & J Rawlins, 1708 ed). 36Jeake, n 12, p 23 -noting that reference was not made to any charter granted to the Cinque Ports in the reigns of Henry I (1100-35) and Stephen (1135-54) -observed 'it is not probable that the ports, if they got nothing new, would neglect to secure their old rights and privileges, by the confirmation of these kings, at least to prevent the seizing or invading their liberties.'However, charters were granted by Henry I to individual ports, see n 69 (reference to Henry I in charters of Henry II to Sandwich and Lydd).See also Murray, n 6, App 1 (charter of Henry I to Folkestone (c 1127) and charter of Stephen to the same (pre-1143)). 37Ballard (1909) English Historical Review, p 732 (in 1313, Edward II confirmed charters of Henry II to Hastings, Lydd, Hythe and Sandwich.The first two were granted c. 1155-8, the other two 1154-60 or 61).See also Murray, n 6, p 13. 38 Charters granted by Richard I were likely to have been to individual ports.See eg.n 52 (Rye, Winchelsea). 39Burrows, n 4, p 71 refers to six charters dated 6 & 7 June 1205 (to each of the five Cinque ports and to Winchelsea and Rye).In the case of Hastings, they were to have honours in our court (ie.at the coronation), to have den and strond and to be quit of all things as our freemen.Green, n 5, p 20 notes that this granting of rights to the Portsmen by king John [1199-1216] after the loss of Normandy in 1204 was 'doubtless to remind them of their vastly increased responsibilities in view of the risk of large-scale war with France.' See also Murray, n 6, pp 12-3 and App 1. Also, Ballard, n 37 (charters of king John confirmed those of Henry II [1154-89]). 40For a charter to the ports of Henry III (1216-72) of 1260, confirming exemption from suits held before justices of eyre in respect of any lands held by Porstmen in any part of England, see Murray, n 6, pp 11, 29 & 236-7 and Brooks (1933), p 91. 41 See Jeake, n 12, p 23.Jones, n 7, pp 1-2 referring to this wording stated 'These words…clearly prove that other earlier charters, constituting the organization, rights, and duties of the Cinque Ports, existed at that time, and from the time of Edward the Confessor [1042-66].' 42Jones, n 7, p 1 'The oldest Cinque Ports charter now extant is that of…1278'.See also Burrows, n 4, p 62. 43 Ibid, p 3. See also Knocker, n 6, p 3. 44 Lambarde, n 6, p 113-4 'Master Camden has well noted, that our Warden of the Ports, was an imitation of the same officer which the Romans established for the defence of our coasts, and called Littoris Saxonici, or tractus maritime, Comitem, who had the charge of nine ports, as our Warden had of five.' (spelling modernised).Lambarde's reference is to William Camden's, Britannia (1586).The nine ports may have been: Othoma (said to have been in the hundred of Dengy, in Essex); Dubris (Dover), Lemanus (Lympne), Branodunum (Branchester, in Norfolk), Garrianonum (Yarmouth), Regulbium (Reculver), Rutupia (Richborough), Anderida (Newenden on the Rother), Portus Adurni (either Arundel or Edrington near Shoreham in Sussex).See also Burrows, n 4, ch 2; Knocker, n 6, pp 1-3. 45Jones, n 7, p 3 and Knocker, n 6, pp 3-4.Also, p 42 'Edward the Confessor [1042-66] outlined the organization of tbe Cinque Ports, and William the Conqueror [1066-87] gave them a consolidated constitution and distinct jurisdiction.' 46Ibid, pp 3-4.See also Jeake, n 12, p 25.The Warden of the Cinque Ports early on became the Constable of Dover castle, placing him in a position of considerable influence.
February 1327 (exemplified on 26 February 1328) explained -as to the words in the charter of 1298, 'that every of them should contribute, according to their faculties' -that the Portsmen: and others whosoever, calling themselves of their liberty, and willing to enjoy the same, shall contribute to maintain, and do the shipping and service aforesaid, of all their goods and chattels, as well without the liberty of the Cinque Ports, as within being, and to this by the mayors and jurats 58 of the ports ….and also by the constable of our castle of Dover, if need shall be, they may be duly compelled. 59And that the goods and chattels of the said barons, and others, whether they shall be without the said liberty or within, which are taxed for to maintain and do the shipping and service, in no wise shall be taxed to the tallages, or other charges whatsoever, with the goods and chattels of foreign men. 60 respect of this charter, Jones observed: The object of [this] charter was to give the ports power to compel payment of contributions by 'advocants' who were persons residing outside the ports, but who, desirous of enjoying a port's privileges, had agreed to contribute to the [ship service] expenses. 61When these contributions were not voluntarily made there was no power to enforce them until this charter was enacted. 62us, members could not secure the Crown prerogatives accorded to the Portsmen unless they contributed financially to the costs of the Portsmen providing ship service.
In conclusion, the prerogatives given to the Cinque Ports were linked to their providing a naval force for the use of the Crown.

Summary of Prerogatives Granted to the Cinque Ports
The Crown prerogatives extended to the Cinque Ports over the centuries may be placed in the following categories:  Taxation.The Portsmen were exempt from all: (i) tolls and customary rates; (ii) national taxes -direct and indirect; (iii) customs duty on imported wine (prise);  Judicial.The Portsmen were exempt from the shire and hundred courts and had a right to plead before the court at Shepway.They also had tol (probably, the right to charge tolls at markets) and team (jurisdiction in stolen goods' claims, where a third party vouched for them);  Criminals & Punishment.The Portsmen were granted: (i) infangthef and outfangthef (the right to try and hang thieves in the Cinque Ports); (ii) maynour (the right to stolen goods found on a thief); (iii) chattels of felons (the goods of felons).The Portsmen also had the right to maintain in the Cinque Ports: gallows, pillory, tumbrel (a cart for parading criminals) and thewe (cucking stool);  Buying & Selling.The Portsmen were permitted to buy, and sell, throughout the realm, without being required to use brokers or being treated as non-freemen (so-called foreigners);  Wardship & Marriage.The Portsmen were exempt from Crown prerogatives in respect of wardship and marriage;  Other Privileges.The Portsmen had certain coronation rights.Also, the right to den and strond at Yarmouth in Norfolk (ie. to dry and mend their nets on the sea shore at Yarmouth as well as to regulate the annual herring fair there); These are now considered in detail, by reference to the Cinque Ports charters. 58These are the aldermen who assist the mayors of the Ports.See Jeake, n 12, p 46 who asserted that the term 'jurat' derived from the word 'juro, to swear, because these take an oath to poor and rich righteously.The same word in latin here used is elsewhere used for jurymen.' See also OED, n 47 (jurat) 'A municipal officer (esp of the Cinque Ports) holding a position similar to that of an alderman'.See also Murray, n 6, p 10. 59 Jeake, n 12, p 50 'if towards the [ship] service the ports were to perform, the advocants that dwelt out of the ports should refuse or neglect to pay their contributions or taxations, the constable of Dover castle should be helpful to the Ports to enforce the payment thereof by due course of law, or the customs of the ports.' 60 Ibid, p 50. 61 Murray, n 6, p 224 'After 1435 no increase was allowed in the number of such persons.'See also Jeake, n 12, p 41. 62 Jones, n 7, p 17. Jeake, n 12, p 50 'The advocants and others, whose estates were taxed, and did contribute to the sustentation of the ports services, were not to be taxed with the goods and chattels of foreigners (that is, such …advocants as lived out of the Ports) to such tallages and assessments as the ports were free of, and were paid only by others, not Ports men, for if these advocants had been taxed, or scotted with foreigners, and the Ports men too, they had been doubly charged above the example of other subjects…' For difficulties in obtaining financial contributions to ship service from members, see Murray, n 6, p 56. See also Jeake, n 12, p 41.

Exemption from Tolls & Customary Rates
The charter of 1278 provided the Portsmen were to have: All their liberties 63 and freedoms, 64 so that they may be quit [ie.free of or exempt from] of all toll and of all custom 65 that is to say of all lastage, tallage, passage, carriage, rivage, from ponsage [pontage] … throughout all our land and dominion. 66(italics supplied) This was confirmed in the charter of 1465 which provided the Portsmen were to be: quit for ever of toll, pannage, pontage, kaiage, murage, passage, lastage, stallage, tallage, carriage, peisage, picage, terrage and scot, and gild, hidage, scutage. 67(italics supplied) Given that the quittance of the Cinque Ports was from 'all' tolls, it was -strictly -unnecessary to then enumerate a number of them (lastage, passage etc).Further, the wording in both charters is rather a melange, since they refer -as well as to tolls and customs -to national taxes such as 'danegeld (gild)', 'hidage', 'scutage' and 'tallage'.Also, to 'scot'.Therefore, they will be considered separately.

(a) Tolls & Custom
The Cinque Ports were expressed to be quit of 'all toll and of all custom' in the charters of 1278 and 'of toll' in the charter of 1465. 68This freedom from toll was longstanding in that charters to Hythe (in 1156), Romney (1154-89), Sandwich (1155-8), Hastings (1191) and Rye and Winchelsea (1191) had already individually granted quittance. 69For example, the charter in respect of Rye and Winchelsea provided: we have granted and confirmed that the men of Rye and Winchelsea shall be free and quit through all our land on this side of the sea and beyond of all toll and lastage and tallage and passage and quayage and rivage and sponsage…and from all customs through all our land wherever they may come. 70lls comprised a form of indirect (that is, municipal or local) tax which the Crown often franchised out to others -especially boroughs and towns -as a means of raising revenue (for both parties). 71In Anglo-Saxon 63 Blackstone (1979), vol 2, p 37, 'Franchise and liberty are used as synonymous terms: and their definition is, a royal privilege, or branch of the king's prerogative, subsisting in the hands of a subject.'Chitty (1820), pp 118-9, 'The jura coronae or rights of the Crown, so long as they are attached to the king, are called prerogatives; but when such prerogatives are delegated to a subject, they acquire the appellation of franchise; for all franchises are derived from the king.' 64 Jeake, n 12, p 8 'Freedoms, or acquitments, for so the latin quietancias, may be englished: That is, such enjoyments as make men free and quiet.'However, one would suggest that the reference to 'freedoms' adds nothing in legal terms. 65The two words were often juxtaposed in earlier charters. 66Jeake, n 12, p 8. 67 Ibid, pp 57-8. 68Ibid, p 8 'Toll, from the latin theolonium, signifying the duty or payment of monies for goods, wares or merchandizes bought or sold, which have been landed or set upon wharfs, or common grounds.'Jones, n 7, p 13 'From these [toll and custom] the portsmen were exempt, which was a large enfranchisement to them in those days when trade was restricted at the boundary of every petty jurisdiction.'It seems that Dover, at least, was quit of tolls pre-Conquest, see Burrows, n 4, p 41 (referred to in Domesday Book 1086). 69 'quit of toll and passage and lestage and wreck and ravage and all other customs and quarrels, as they best were in the time of king Henry my grandfather [ie.Henry 1, 1100-35], and as the men of Hastings are, and as they ought to be according to the custom of the Cinque Ports.' Dover seems to have acquired quittance of tolls and customs prior to 1135 since a charter to Folkestone (1135-41) provides that 'my men of Folkestone shall justly be as quit of toll and passage and every custom throughout my whole land as my men of Dover are most quit, so that no insult or injury be done to them.' Ibid, pp 180-1.See also Murray, n 6, pp 231-2.See also, n 68 which suggests quittance of toll to Dover was pre-Conquest (reference in Domesday Book 1086). 70Ballard, n 52, p 187. Sponsage was a form of marriage due. 71Pollock & Maitland (1984), vol 1, pp 661-3 'Powers of taxation are not expressly conceded by the charters of this age, and they must have been confined within narrow limits.If the burgesses wished to repair their walls, their bridges, their streets, they had to apply to the king for the grant of murage, pontage or pavage; and such grants were not to be had as matters of course.If a small vessel should come to Billingsgate, one half-penny is paid as toll…On three days in the week is toll charged on cloth…From baskets with poultry, one chicken as toll etc . 73emption from tolls was also granted by sovereigns. 74After the Norman Conquest of 1066, the system of tolls -and the granting of exemptions -was continued by sovereigns.Ballard notes that a number of towns were so exempt in early times and not just the Cinque Ports. 75Further, it seems clear that the Portsmen were protective of their exemption from tolls and defended their rights if other boroughs and towns sought to impose tolls on them. 76 Some tolls -such as for 'passage' -changed over time in their description since the reference was first used in the case of traversing water; then as a generic term to refer to the passage of persons along roads and across bridges. 93 The charter of 1278 also referred to 'carriage' and to 'rivage'.The meaning of these terms is not clear.'Carriage' was often confused with 'cheminage' (see above). 94More likely, it was similar to (or synonymous with) 'summage', a toll paid for carriage on horseback; 95  'Rivage' (arrivage) was probably a ship toll. 96Less likely, it may also have been 'average' (averagium), a service due from a tenant to a feudal superior. 97However, such uncertainties are academic for the purposes of this article since the exemption of the Cinque Ports from 'all' tolls is expressly made in the charters of 1278 and 1465.
The charter of 1278 also confirms that the Portsmen were free from 'custom' (consuetudine). 98This word was often juxtaposed with 'toll' in charters.Although 'custom' had several meanings, 99 in the context of the Cinque Port charters it referred to customary rates -being local charges and rates -such as those charged in markets and fairs established by the lords of the several manors. 100Custom was often treated as synonymous with toll. 101us, the combination of 'toll and custom' was designed to exempt the Portsmen from tolls and customary rates that might otherwise be charged in the Cinque Ports for a wide variety of activities -including those especially connected with the buying and selling of goods.Further, it is likely references to tolls and customs would also have exempted the Portsmen from tolls (charges) to be quit of certain services, such as wardpenny etc. 102

(b) Current Position on Tolls & Customs
shipping and merchandise in order to enable the walls and harbor to be repaired. 884 Jones, n 7, p 13 'carriage touches the right to carry goods through forests or other parts of the king's land.'Jeake, p 8 'carriage of goods through forests, or other ways leading through the king's grounds.Or the duty or service of carrying corn, hay etc by the tenure of their lands, or money paid in stead thereof.In some copies it hath been written kayage, that is, the duties paid for landing goods upon, or shipping them off from common kayes or wharfes'. 95OED, n 47 (summage).Rastell, n 35 'a toll for carriage on horseback.' 96OED, n 47 (rivage) 'shore or river dues'.Jones, n 7, p 13 'rivage, or arrivage, is the duty for landing' Jeake, n 12, p 8 'Rivage, or Arrivage, is freedom for persons with their ships and goods to arrive in harbours, and unlade at common keys or wharfs, without payment of money for their lying there.'See also OED (average) 'A duty, tax, or impost charged upon goods, as a customs duty.' 97 OED, n 47 (average) notes 'averagium, apparently the same as avera in Domesday Book explained by Spelman as 'one day's work which the king's tenant gave to the sheriff.'Also 'Some kind of service due by tenants to the feudal superior.Explained in the law dictionaries as 'service done by the tenant with his beasts of burden' known chiefly in the phrase 'arriage and carriage' retained in Scotch leases 'till 20 Geo II c 50 [1746, see ss 21-2] but having in later times no definitely ascertained meaning.' Averpenny was a sum paid to be quit of average (see also n 102).See also Rastell, n 35 (definition of averpenny). 98Customs on exports should be distinguished from custom.Blackstone, n 63, vol 1, p 304 'They were denominated in the barbarous latin of our ancient records, custuma; not consuetudines, which is the language of our law whenever it meant usages.' 99 Coke, n 6, vol 2, p 222 'consuetudines hath several significations in law, for sometime it signifieth custome, which doth include all manner of tolls.' See also pp 57-8 (Coke cites various meaningsof the word consuetudo). 100Jeake, n 12, p 8 'Custom here it not to be taken for the king's custom received for goods inported or exported, but rather for a toll, tax or charge, usually collected in cities, market towns or manors, in their fairs or markets, or common selling places, for the sale of goods, wares or merchandizes.'See also, p 134 'kind of toll or town duty.' 101 OED n 47 (custom) 'Tribute, toll, impost, or duty levied by the lord or local authority upon commodities on their way to market'.Also 'In this sense of OE [Old English] name was toll…In early times, the customs were distinguished as magna custuma, the 'great custom' levied upon exports and imports, and parva custuma, the 'little custom' levied upon goods taken to market within the realm. 102OED, n 47 (averpenny) mentions that a confirmatory charter of Richard II [1377-99] in 1378 to the Knights Hospitillers exempted them from all taxes and tolls including: (a) wardpenny (a rent paid to a superior in commutation of military service); (b) averpenny (money paid in lieu of average, see n 97); (c) hundredpenny (a tax levied in a hundred court); (d) borghelpenny (boroughpenny, broadhelpeny) (a toll for setting up tables or boards in a fair or market) and (e) thingepenny (probably tithingpenny, a duty paid by manorial tenants to the lord; also, payment by lords of manors at the hundred court.Tithingpenny was also said to be a tax paid to the sheriff from every tithing towards the cost of keeping courts).See also P & M, n 71, vol 1, p 574 and Rastell, n 35 (definitions).
Common law tolls have never been abolished as such.Nor have customary rates.However, today, both are not relevant in practice -since they have either become obsolete or they have been replaced by legislation or contract.Thus, tolls for city walls (murage) and paving the streets (pavage) are obsolete, as are those for walking through forests or carrying wood to town (ie.cheminage, boscage).Tolls for roads and bridges -as well as water and market tolls -are now invariably statutory or contractual.A previous article has reviewed these and argued that common law tolls should be abolished. 103 conclusion, the Cinque Ports were exempt from indirect taxes, such as tolls and customary rates.There is no benefit in this today, since the same are now obsolete. 104

Exemption from National Taxes
The charters granted to the Cinque Ports expressly exempted them from various national taxes.

(a) Terms of the Charters of 1278, 1298 & 1465
The charter of 1278 specifies that the Portsmen shall be quit of all 'tallage' 105 and a charter of 28 April 1298 specified that they be: quit of all tallages, and aids, to us ….of the bodies of their proper ships and tackling thereof to be done. 106(italics supplied) Further, the charter of 1465 provided the Portsmen were to be: quit for ever of …tallage…and scot [scoto] and gild [gildo], hidage, scutage … quit of all aids, subsidies, contributions, tallages and scots whatsoever, which from them, or any of them, by reason of their lands, tenements and rents, or their goods and chattels, or of any of them, which now they may have, and from henceforth may have, by us…or the bailiffs or ministers of us…[which] ought or might be exacted if [this] grant…had not been made. 107d that whensoever the commonalities of the counties of our kingdom of England, or the citizens and burgesses of the cities and boroughs of the [same] have granted a tenth, fifteenth, or other scot or tax (quotam vel taxam) … of their movable goods, or their lands, tenements or rents to us… in any wise; or we… shall make to be taxed our tenths throughout England the [Portsmen]…shall not be taxed, nor any thing of [these taxes] …shall be levied nor the [Portsmen] …be distrained , molested or in any thing 103 See McBain, n 77. 104Pollock and Maitland raise the issue whether exemption from toll and custom, in effect, enabled the franchisees to then impose such tolls and customs and retain the proceeds.See Pollock & Maitland, n 71, vol 1, pp 575-6.The extent to which the Cinque took their quittance from Crown tolls to then impose their own is unclear. 105Jeake, n 12, p 8.He states 'Under this word the lawyers include the payments of taxes, tenths, fifteenths and subsidies granted by parliament.' 106 Ibid, p 39. See also Murray, n 6, p 219. See also text to n 60, the charter of Edward III (1327-77) of 1327 'that the goods and chattels of the [Portsmen] and others, whether they shall be without the said liberty or within, which are taxed for to maintain and do the shipping and service, in no wise shall be taxed to the tallages, or other charges whatsoever, with the goods and chattels of foreign men.' (italics supplied). 107Ibid, pp 57-8, 80-1.grieved but that they be…quit… 108

(italics supplied)
In the period 1298 -1465, it seems that -pursuant to these charters -the Portsmen escaped paying tax -although they sometimes voluntarily contributed. 109The basis was that they were providing a ship service and that this (the costs thereof) should be offset against national tax. 110 In conclusion, -pursuant to their charters -the Portsmen were specified to be exempt from: danegeld, hydage, scotage, tallage, aids, tenths and fifteenths, subsidies and contributions -all being national taxes.The term 'scot' is obscure.Like 'tallage', it was probably a generic reference to any national tax not otherwise defined.Probably, it also embraced any contribution required towards the payment of such taxes.Thus, the intention seems to have been to exclude the Cinque Ports from national taxation as a result of their having to provide ship service.

(b) Nature of the Exempted Taxes
Danegeld is generally regarded as being the earliest form of land tax -one later re-invented in the form of hidage, carucage and scutage (all these taxes being assessed on land). 111Thus, such taxes will be dealt with in that order.As to these:  Danegeld (gild, geld).This was a tax on 2 shillings of every hide of land which was first imposed under Ethelred II (978-1016) in 991, to raise money for tribute exacted by the Danes.In effect, it was a levy for national defence (a war tax). 112It was revived by William I (1066-87) in consequence of a possible Danish invasion. 113After 1163, danegeld dropped out of use. 114It was revived as donum or hidage (hydage), 115 itself to be revived in 1194 by Richard I (1189-99) as carucage. 116A tax on all holders of land of whatever tenure, carucage was levied on every plough (or caruca).Carucage was, itself, replaced in 1224, effectively, by tallage (see below). 117As to danegeld, the charter of 1465 refers only to 'gild' which may be a generic term for any form of tax.118Thus, it may have not been limited just to danegeld which -at the time of the charter of 1465 -had long been obsolete. 119Instead, the reference to 'geld' may have been intended to catch all forms of Anglo-Saxon 'gild' and not just danegeld;120  Scutage (escuage, shield money) This was a payment (tax) made to the Crown in lieu of military service. 121It was paid by a tenant-in-chief in respect of the service of knights which he owed to the Crown (his own service he could only discharge by payment by way of a fine and not by way of scutage). 122Scutage was imposed by Henry II (1154-89) in 1159. 123It was obsolete by the early 14 th century, Coke asserting no such tax was assessed after 1315;124  Tallage.This was a tax on the royal demesne.That is, with reference to land that belonged to the sovereign. 125More specifically, tallage comprised the obligation of the tenants of the royal demesne to contribute towards the discharge of the king's debt incurred for his table and his army during a military campaign or on any other occasion of unusual expense. 126Sometimes, tallage was a fixed sum (often, in the case of London) at other times a tax on movables or rents.Dowell -the author of a standard text on the history of taxation 127 -refers to various instances of tallage being levied in the period 1168-1312. 128Tallage fell into disuse after 1312 (it was levied, but not collected, in 1332) 129 due to the fact that it was superceded by Parliamentary taxation. 130In particular, by subsidies, tenths and fifteenths. 131Finally, it should be noted that 'tallage' was often used as a composite term to cover taxes such as danegeld, hidage carucage, gifts, aids etc. 132 Thus -in the context of the charters of 1278 and 1465 -the reference to 'tallage' was likely designed to seek to exempt the Portsmen from all forms of early compulsory national tax -howsoever called; 133  Aids.The Ports were also declared to be freed of 'aids' in respect of their ships by a charter of 1298.
Aid, deriving from the latin 'auxilium', was another form of tax imposed by the sovereign. 134In contradistinction to tallage, it was meant to comprise a voluntary form of payment (a gift) -albeit it was compulsory in practice.Further, it comprised a special tax, to meet an extraordinary need of the sovereign, as opposed to a regular tax. 135Magna Carta 1215 permitted the sovereign to seek an aid to: (a) make his eldest son a knight; (b) marry off his eldest daughter; (c) ransom the sovereign from captivity. 136As it is, (a) and (b) were formally abolished in 1660. 137However, they were of little financial worth after 1350 when the sums the sovereigns could seek in respect of them were fixed. 138ids -as extraordinary taxes imposed by the Crown -were effectively replaced by subsidies (a Parliamentary tax) from 1377; 139  Subsidies.Subsidy (subside) was a tax levied on every subject according to the value of his lands or goods. 140It was usually linked with tenths and fifteenths (see below) 141 and it was a pecuniary (financial) aid granted by parliament to meet the special needs of the sovereign. 142The claim of the Portsmen to be exempt from subsidies (as with other taxes) was linked to their providing ship service. 143ubsidies were superceded in 1670 by land tax; 144  Contributions.As with the word 'tallage', this tended to be another generic expression to refer to taxes imposed by the civil, military or church authorities. 145Reference to it in the charter would likely embraced all others forms of benevolence, loan, forced loan and gift sought, from time to time, by an impecunious sovereign unable (or unwilling) to secure parliamentary consent to the levying of tax; 146  Tenths & Fifteenths.Once danegeld, scutage and tallage had passed away, tax was generally levied in the form of subsidies, tenths and fifteenths.As Blackstone noted, tenths and fifteenths were temporary aids issuing out of personal property, granted to the sovereign by Parliament.They were, formerly, the real tenth (or fifteenth) part of all the movables belonging to the subject. 147Tenths were said to have been introduced under Henry II (1154-89) -the first being the Saladin tithe (tenth) of 1188. 148fterwards, fifteenths (and other proportions) were granted. 149The sums for tenths and fifteenths were made certain in 1335 when -by virtue of the king's commission -new taxations were made of every township, borough and city. 150The last tenths and fifteenths were collected in 1623. 151us, dangeld ended by 1163, hidage by 1194, carucage by 1224, tallage by 1312 and scutage by 1315. 152Aids were of little financial worth after 1350, when the sum the sovereign was permitted to take by way of an 'aid' was fixed by statute and aids were abolished in 1660. 153Tenths and fifteenths ended by 1623 and subsidies were 139 Dowell, n 112, p 102. 140 Walker (subsidy), n 112 'In the fourteenth and fifteenth centuries the word generally meant the import and export duties on cloth, wool, leather and skins, and the tonnage and poundage granted to the Crown for special occasions.In the sixteenth century it usually meant a tax of 4s in the pound on land and 2s 8d on movables sometimes voted, but sometimes any tax imposed by parliament.In the seventeenth century the word was extended to other taxes and the older duties were sometimes termed perpetual subsidies.'Jeake, n 12, p 80 refers to a writ of Edward VI (1547-53) of 18 March 1547 in which it was noted the Portsmen claimed to be quit of the payment of 'all manner of quinzimes, dismes (ie.fifteenths and tenths) and subsidies'. 141Blackstone, n 63, vol 1, p 300 'It was anciently the rule never to grant more than one subsidy, and two fifteenths at a time; but this rule was broke through for the first time when the parliament gave queen Elizabeth [1553-1603] two subsidies and four fifteenths.' 142 OED, n 47 (subsidy) 'A pecuniary aid granted by parliament to the sovereign to meet special needs'.Also 'in the 14 th and 15 th centuries the term… was applied mainly to the taxes on cloth, wool, leather, and skins, and the duties on tonnage and poundage.Coke termed the duties on wool, skins, and leather 'perpetual subsidies', the others being classed as 'temporary'.See also Coke, n 6, vol 2, pp 57-60.Jeake, n 12, p 80 'Subsidies, an aid or assistance, tax or tribute, assessed by Parliament, and granted by the commons there, to be levied of every subject according to the value of his lands or goods, and commonly after the rate of four shillings in the pound for land, and two shillings and eight pence for goods.' 143 150 Blackstone, n 63, vol 1, pp 298-9 'by virtue of the king's commission , new taxations were made of every township, borough, and city, in the kingdom, and recorded in the exchequer; which rate was, at the time, the fifteenth part of the value of every township, the whole amounting to about £29,000 and therefore it still kept up the name of a fifteenth, when, by alteration of the value of money and the increase of personal property, things came to be in a very different situation.So that when, of later years, the commons granted the king a fifteenth, every parish in England immediately knew their proportion of it; that is, the same identical sum that was assessed by the same aid in the eighth of Edw III [ie.1335]; and then raised it by a rate among themselves, and returned it into the royal exchequer.'See also Jeake, n 12, p 81. 151  superceded by land tax in 1670. 154 Scot.The charter of 1465 provides that the Portsmen were exempt from 'scot' (scoto). 155The meaning of this word is unclear.In the case of the charter of 1465 it seems to be used as a generic term to cover any other tax not previously expressly referred to. 156The term 'scot' (scoto, eschot) was usually linked with that of lot [hlote], something, for example, the City was exempt from as early as c. 1131. 157It is thought by some that 'scot' was -originally -an Anglo-Saxon customary tax or contribution and 'lot' was a share or contribution.However, this has been disputed. 158In charters, sometimes 'scot and lot' or 'lot and scot' as well as just to 'scot' are used.Reference to 'scot and lot' in the London charter of Henry (1100-35) likely refers to exemption from various taxes imposed by him and previous sovereigns -although the meaning of these words is obscure. 159However scot may have been interpreted in medieval times -in the case of the City -an Act of 1725 provided that aldermen (and common councilmen) for the wards of the city of London were to be elected by freemen 'being householders, paying scot...and bearing lot, when required in their respective wards'. 160The paying of 'scot' in this case was expressly linked to the payment of parish taxes -notably church rates, poor rates, payments to scavengers or for cleaning the City, payments to the London orphan's fund as well as other annual rates. 161And, bearing 'lot' was linked to performing civic services. 162Usually, if a person had 'scot and lot' (ie.paid their municipal taxes) they were -thereby -permitted to become jurors and to vote in local elections.Thus, over time, scot and lot became associated with payments towards municipal taxes, as opposed to a reference to any national tax.
As for the Cinque Ports, in the charter of 1465, the Portsmen were exempt from 'scot' and 'other scot or tax' (quotis, quotam vel taxam) and the intent of this wording may have been that they be not obliged to contribute towards any tenth, fifteenth or any other national tax which might be levied. 163Alternatively, rather like the word 'contribution', these words might have been intended as catch-all, to cover any other tax levied by the Crown, not previously described.To the extent that 'scot' might have specifically referred to municipal taxation, the Portsmen were not so exempt -at least by 1668 -since the charter of 1668 provided that every bailiff, jurat and commonality of the Cinque Ports might: 154 Blackstone, n 63, vol 1, p 302. 155 160 Ibid, p 17. 161 Ibid. 162Ibid. 163Jeake, n 12, pp 80, 83 translated quota (quotis) as scot, that is, the contribution (portion) which would be otherwise be required to be paid in respect of any tallage, aids etc. See also n 155.He also refers to writs of Richard II (1377-99) of 1383 and 1386 which excluded the Cinque Ports from contribution to tenths and fifteenths, and to an earlier instruction of Henry III (1216-72) of 1225 in which Pevensey was excluded from tax collection.From 1471, the Cinque Ports were given an allowance (deduction) out of the Exchequer towards their ship service, limited to £500, in respect of any tenth or fifteenth levied by the sovereign, see Jeake, n 12, pp 90-118 (especially, p 116) .Prior to that it seems to have been more, see Jeake, n 12, p 113.
set down, assess and impose… reasonable and ratable taxations, scot, shot and lot, 164 tallage, and the reasonable taxations, commonly called common fines, 165 impositions and sums of money to be paid within certain times or within a certain time by them respectively limited and ordained thereunto and to be perceived and levied by them, respectively, of [on] the [Portsmen] or of [on] the goods, chattels, and merchandizes, lands, rents, tenements and hereditaments [of the same]… 166 By Victorian times, customary municipal taxation was replaced by statutory municipal taxation.For example -in the case of the City -by 1854, Pulling noted that municipal taxes levied by legislation (and not customary municipal taxes) provided for its up-keep. 167The same applied in the case of the Cinque Ports and any customary municipal taxes have long been replaced by statutory taxation.
In conclusion, the Portsmen -in return for providing ship service -were exempt by charter from national taxes.This was not uncommon in early medieval times and others received a similar immunity. 168As it is, all the forms of national tax the Portsment were exempt from are long obsolete.Today, Portsmen pay the same taxes (national and local) as other members of the general public.

Tax on Imported Wine -Prise
The charter of 1278 provided that, in respect of the Portsmen's: proper wines for which they trade, they be quit of our right prise (that is to say) of one ton of wine before the mast and another after the mast.' 169 Prisage of wine (recta prisa) was a customary charge imposed by the Crown on imported wine. 170The king's butler (or deputy) took two tuns for the king's use from each ship of 20 tuns or more (one, if between 10-20 tuns and none below that), a sum of 20s being paid by the Crown as freight for every tun thus prised. 171It may be noted that the City acquired an exemption from prise in 1327 and the citizens of York in 1376. 172Thus, the Portsmen acquired this privilege relatively early on.Prisage was formally abolished in 1809. 173 conclusion, the Portsmen were exempt from prise -a customary charge on wine.It was abolished in 1809.

Exemption from Wreck, Witfree etc
The charter of 1278 provided that the Portsmen be 'quit of…all wreck' 174 and that they be 'wreckfree'. 175hese are synonyms; they provided for the Portsmen to be exempt from the law of wreck in respect of their own 164 Here, it clearly seems to refer to contributions to municipal services, see also n 159.Lyon, n 14, p xxi 'The Cinque Ports were exempted by charter, and by several statutes, from paying to certain sums raised by counties, for particular purposes, and they had never been, like many other places, taxed with a county rate.' 165 As Jeake notes, n 12, p 168, common fines were the local fines (taxes, charges) levied among the Cinque Ports in order to protect their privileges. 166Jeake, n 12, p 168. 167 McBain, n 1, p 15. 168 P & M, n 71, vol 1, p 574 note that franchisees and their lands could be 'freed from every imaginable form of taxation 'imperial and local'…from all scots and gelds, danegelds, neatgelds, horngelds, footgelds, woodgelds, felgelds, scutage, carucage, hidage, tallage, aids for the king, aids for the sheriff and his bailiffs, wardpenny, averpenny, hundredpenny, tithingpenny, borghalfpenny, chevage, headepenny; further, from all indirect taxes: -from passage, pontage, peage, lastage, stallage, vinage, weitage, toll; further from all fines and amercements imposed upon the shires and the hundreds in particular from the murder fine.'It is asserted that the Cinque Ports were exempted from all of these (save that they were also exempt from the shire and the hundred and, thus, from amercements of the same).Chevage (chivage) was a sum of money paid by villeins to their lords in recognition of their status.See Rastell, n 35 (definition of chevage). 169Jeake, n 12, p 8. 170  ships. 176The charter of 1465 also specified that the Portsmen were to be: witfree, lastagefree and lovecopefree. 177ch prerogatives had previously been extended to individual ports.Thus, charters to Hythe (1156) and Dover (1154-89) provided for them to be 'witfree' 178 and the charter to Hythe also provided that they 'shall be wreck free and wite-free and lestage-free and lovecop-free. 179As to the meaning of these privileges:  Lastagefree.This exempted the Portsmen from paying lastage (tonnage) on goods; 180  Witfree.This exempted the Portsmen from 'wites.' Deriving from Anglo-Saxon law, 181 these comprised court fines or amerciaments 182 for a variety of criminal offences. 183Thus, (i) blodwit (also spelt bloodwite and blodwyte) was a fine paid to the sovereign for the shedding of blood; 184 (ii) fledwit may be a fine paid by an outlaw on his return to the king's peace; 185 (iii) fyrdwite (also spelt ferdwite) was a fine for neglect of military duty; 186 (iv) wardwite (weardwite), was a fine for not finding a person to stand guard in a castle or elsewhere; 187 (v) hangwite was a fine imposed in the case of a thief hanged without judgment; 188 (vi) childwite was a fine paid by a man to his lord for unlawfully impregnating his bond women (it was also called letherwite or leirwite). 189'Witfree' may also have included hidegeld (a fine for a trespass against an erring bondsman) and forestall (a fine for obstructing the highway or impeding the passage and driving of animals); 190  Lovecopefree (Locofri).This likely exempted the Portsmen from any restraint of free trade. 191An earlier such exemption was contained in the charter to Hythe (1156) (as noted above).However, the precise meaning of this exemption is not unclear. 192Ballard refers to a case reported in the Times on 27 May 1857, an action brought by the Attorney-General of the Duchy of Cornwall against the Corporation of King's Lynn.It appears that Henry I (1100-35) granted to Wlliam D'Albini and his heirs the mysteries and trades of Lynn together with a moiety of the markets and tolls and other customs of the port with the mooring of ships and 'lofcop'. 193At trial, counsel for the Attorney-General indicated that a decree had been agreed on by consent to the effect that the duchy was entitled to a moiety of the custom or duty of 'lofcop'.That is, to a moiety of the duties levied on grain (or seeds) exported by water from the port of Lynn, under whatever name collected.However, Ballard maintained that the etymology of the words does not support that interpretation. 194Instead, he considered -on the basis the word was synonymous with 'love bargain', and by reference to borough custumals -that 'lovecop' was a custom in which a guildsman was obliged to share his purchase with his brethren. 195Thus, it might mean (in the case of D'Albini) a right of first purchase in the market. 196us, the Portsmen were exempted from paying lastage (tonnage) on goods -as well as various as various kinds of court fines and amerciaments.They were also exempt from 'lovecop' which (it seems) comprised the sovereign's prerogative to the first purchase of goods in the market. 197 conclusion, the Portsmen were wreckfree, lastagefree, witfree and lovecopfree.All these privileges are long obsolete.

SAC and SOC (a) Nature of Sac and Soc
The charter of 1278 provided that the Portsmen were to have: soc and sac198 There are a number of variant spellings.What, exactly, was meant by these Anglo-Saxon terms is subject to conjecture. 199Probably, they comprised a Crown grant of judicial jurisdiction -including the right to hold a court and the profits therefrom (ie. the collection of fines and amercements for various criminal offences). 200leta (written c 1290) stated that: Soke means the franchise of a court of tenants [ie. a manorial court], which we call soka.Sake, quittance of suit to a county and hundred courts. 201atever may have been the original Anglo-Saxon concept202 -and it may have changed over time 203 -by the 13 th century 'sac and soc' implied the judicial jurisdiction arising from tenure that was exercised by a lord over his tenant. 204That, the right to hold a manorial court and secure the profits of the same from fines, 194 Ballard, n 52, p 256 'cop'is evidently derived from 'ceapan' to buy; and, on the analogy of 'loveday' the word means a love bargain'. 195Ballard refers, n 52, p 256, to Gross, n 158, vol 1, p 49 'The gildsman was generally under obligation to share all purchases with his brethren, that is to say, if he bought a quantity of a given commodity, any other gildsman could claim a portion of it at the same price at which he purchased it.'Also, Ibid, p 183 'I think this must refer to the gildsman's share in bargains'.See also, p 161 (item 13).See also Lyon, n 14, vol 2, p 299 (Portsmen to have share of merchandize), p 366, 386. 196Ballard, n 52, p 256 states 'In this connection Miss Bateson points out that there is evidence that the king or lord of the borough in many cases had the right of purchasing in the market before all others' This was by reference to charters to Dunster (1254-7), Hartlepool (1230) and a Chester record of c. 1090.One suspects that lovecop was the Anglo-Saxon 'forfeng' where the sovereign had the right to first purchase of goods.Fleta, n 180, p 102 'Forfeng means the quittance of the right of first prise: the burgesses of London are liable to this when they make their prises before the king's.' amercements etc. 205 The individual ports obtained this right prior to the charter of 1278 since Domesday Book 1086 indicates that Dover and Sandwich had 'sac and soc' in return for their ship service. 206Leaving aside the precise meaning of sac and soc, the charters of 1278 and 1465 quit the Portsmen from the hundred and shire courts.The position is as follows: (b) Charter of 1278 The Charter of 1278 provided that the Portsmen were to be: quit of shires and hundreds, so that if any will plead against them, they shall not answer nor plead, otherwise than they were wont to plead in the time of [Henry II , 1154-89] 207 This reference would seem to be of a lost charter of Henry II to the Cinque Ports 208 in which the Portsmen were exempt from the jurisdiction of the shire and hundred courts.Certainly, charters granted to Hythe (in 1155-8) and to Rye and Winchlesea in 1191 quit them from shire and hundred courts. 209Thus, this prerogative was longstanding -at least in respect of some of the Cinque Ports.It may be noted that various boroughs were also granted this exemption. 210Further, the City had been granted the prerogative to have its own courts as early as c. 1132. 211The Portsmen were also exempt from being summoned to attend justices in eyre (justices itinerant), 212 the charter of 1278 providing that the Portsmen were exempt: of all their lands, which in the time the lord king Henry [Henry III, 1216-72] …in the forty fourth year of his reign, [ie.1259-60] they possessed , 213 may be free for ever of common summons before our justices for all manner of pleas itinerant, 214 in whatsoever counties such their lands be, 215 so that they be not bound to come before the justices aforesaid, except any of the same barons implead any, or of any be impleaded… 216 Also, that they shall not be impleaded other where [otherwise] but where they ought, and where they were wont, that is, to say at [the court of] Shepway. 217 205 For the many forfeitures levied in courts see Ballard, n 72,pp 82-3 citing the Laws of Chester.For example, brewers of bad beer had to pay 4s or face the cucking stool (thewe).If a widow had unlawful sex, the fine was 20s (10s if a virgin).If a man shed blood it was 10s (but more on a holy day).If he killed a man he had to pay 40s (£4 on a holy day).If caught making a false measure he had to pay 4s etc. 206 Ballard, n 72, p 81, 'Domesday Book 1086 provided that 'The burgesses of Dover gave the king twenty ships once in the year for fifteen days with twenty-one men in each, in order that he would give them sac and soc.'He also noted the ship service at Sandwich was the same. 207Jeake, n 12, p 21.As to the hundreds he states 'by this charter the Ports men claim to be freed, as well from attendance at the hundred courts, and serving of offices, by election of those courts, as constables, headboroughs and tithingmen; as also to be quit of money paid, or customs to be done to the hundredors, or the chief of them.' See also Burrows, n 4, pp 73-4.Jones, n 7, p 15 'This is part of the charter copied from the charter of Henry II [1154-89], which gave to the Cinque Ports Home Rule, relieving them from all control of the courts set up by king Alfred in the shires and hundreds; hence it was that the ports, although they were in the counties, were not of the counties.' 208Ibid, p 21. 209  Further, the charter of 1278 also provided that the Portsmen not be: put in any assizes, juries, or recognitions, by reason of their foreign tenure against their will.218 There was a saving in respect of 'pleas of our Crown, life and members.'219 In conclusion -at least by 1278 -the Portsmen were exempt from the shire and hundred courts, as well as attendance at the Eyre.They were also immune from summons before justices in any county -even in respect of land held by them outside the Cinque Ports.Instead, their court was the court of Shepway.220

(c) Charter of 1465
The charter of 1465 confirmed that of 1278 (save that there was no need to mention Eyres since they were defunct by then). 221It also added more things.It granted 'as of new'222 that the Portsmen:  were quit of 'of suits of counties and hundreds223 (and lathes of hundreds) 224 views of frankpledge 225 and of monies appertaining to the views of frankpledge,226 also of whatsoever sums of money, rents,227 or payments for any of the premises to us…to be paid.'228 might have 'leets and lawdays, with all profits to the leets and lawdays in any wise appertaining or belonging, of whatsoever residents within the liberty aforesaid.'229 'be not put in any assizes, juries, recognitions, attaints, or other inquisitions whatsoever without the ports and members aforesaid.'230 The charter of 1465 also provided for the mayor and jurats (bailiff and jurats and jurats) in the Cinque Ports to have:  'and hold before them… by plaint before them to be levied in the court of every port or member …all manner of pleas, of and upon all manner of actions, real, personal and mixt, within every such port or member by land or by sea arising. 'all manner of pleas of the Crown, 233 within every such port or member in any wise happening and power of hearing and determining all pleas of the Crown of us…as well at the suit of us…as at the suit of other complainants, pleas of all manner of treasons 234 altogether only excepted, which before the Warden of the Cinque Ports…calling to him the mayors, bailiffs and jurats of the same ports, according to the custom in the same ports used, at Shepway, for us… to be heard and determined according to the law and custom of [that] court. 235e Portsmen were also expressed to be quit of fines for murder and common amerciament 236 as well the right to all manner of fines for trespasses and amerciaments. 237Thus, the charter provided that the Portsmen were to be quit of:  'all and all manner of fines for trespasses, offences, misprisons, extortions, negligences, ignorances, conspiracies, concealments, regratings, forestallings, maintenances, ambidextries, champerties, falsities, deceipts, contempts, and other offences whatsoever …also fines for licence of concords, and all amerciaments, redemptions, issues, and penalties forfeited and to be forfeited, year, day, waste, strepe, and all things which to us… may appertain of such year day waste and strepe, of all and every the barons and other the resciants [residents] aforesaid…as well within the ports and members aforesaid, as without, and in whatsoever courts of us…the same barons, and other resciants [residents] shall happen to be adjudged to make such fines and to be amerced and forfeit such issues etc This was probably a valuable financial privilege, with 'extortions' 238 likely including fines for the charging of prices for the sale of goods (or the levying of tolls and customary rates) above the fixed sums, 'negligences' covering fines for the neglect of offices by officials, 239 'conspiracies' covering fines for the accusing of persons of unlawful acts, 240 and 'concealments' covering fines for unjustly claiming Crown land: 241 Regratting and forestalling were crimes connected with the excessive pricing of goods in the market. 242'Maintenance' and 'champerties' involved assisting parties in legal suits, without having a legitimate interest. 243Thus, as Murray notes, the effect of the charter of 1465 gave the: 233 Burrows, n 4, p 76 noted that the Cinque Ports custumals indicated that, in early times, punishments for criminals condemned to death in the Cinque Ports included being thrown from cliffs, being buried alive and being drowned -as well as hung.In: (a) Fordwich, criminals were drowned in a well, see Jones, n 7, p 146; (b) Hastings, they were drowned in the stream of Storisdale.See Jessup, n 3, p 41; (c) Sandwich, they were buried alive.See Murray, n 6 p 17; (d) Dover they were thrown over a cliff.Hueffer, n 14, p 279. 234 The punishment for high treason in the Cinque Ports was distinct, being drawn by horses and hung.Jeake, n 12, p 74 (according to a custumal of Winchelsea).This differed from the general punishment for high treason -being drawn hung and quartered (the quarters then being hung up somewhere for public view).See McBain (2007), vol 81, p 4, n 32.Green, n 5, p 91 'For crimes such as treason there was no appeal from the verdict of the court, the hearing and sentence being immediately followed by execution, the whole process completed in the single day in which the court sat.' 235 Jeake, n 12, pp 71-2.Murray, n 6, p 71 '[the charter of 1465] confirmed the competence of the lesser courts to hear all actions and limited the powers of the Warden to cases of default and treason'. 236Ibid, p 59 'of fines for murder , and of common amerciamemt when it shall happen, the county or township before us… or whatsoever our justices, officers, or ministers of us…to fall into the hand of us… from all custom of this sort throughout our whole realm and dominion'.For the nature of amerciaments and their difference to fines, see Coke, n 6, vol 1, 126b, 127a.See also Rastell, n 35 (definition of amercement). 237Ibid, pp 64-5 .For waste and strepe, see Lyon, n 14, vol 2, pp 275-6 (custumal of Dover).For year, day and waste, see Rastell, n 35 (definition). 238Walker, n 112 (extortion) 'The crime of dishonestly obtaining from a person some payments or benefit not lawfully due, particularly by threats'.However, this is a more modern formulation.In medieval times it would likely have a wider significance, including over charging. 239See Jeake, n 12, p 64. 240 Ibid, 'When two or more by oath, covenant, or other manner of alliance, knit or combine themselves together to help each other to indict or appeal a person of felony, or do some unlawful act, this is a conspiracy: and where the writ lieth the party found guilty is fineable.'Walker, n 112 (conspiracy) 'In criminal law a person is by statute guilty of conspiracy if he agrees with any other person or persons that a course of conduct will be pursued which will necessarily amount to or involve the commission of any offence or offences by one or more of them if the agreement is carried out in accordance with their intentions.' 241 See generally some useful observations by Jeake, n 12, p 64. 242 Forestalling was the crime of : (i) buying of goods on the way to market and, thereby, raising the price; or (ii) dissuading sellers from bringing their goods to market; or (iii) persuading the sellers of goods to enhance the price when at market.Walker, n 112 (forestall) 'To get in first and obstruct a person's progress by force and arms, or to buy goods on their way to market and thereby raise the price, or to dissuade sellers from bringing their goods to market.It was formerly criminal as an interference with freedom of trade.'It was abolished in 1844 (7 & 8 Vict c 24). Jeake n 12, notes, p 64,that regratting under the common law covered those who bought gross and sold by retail, to force up the price.5 Edw VI c 14 (1552) defined it as those who bought and sold again goods or victuals in the same market or fair, or within 5 miles thereof.Walker (regrating) 'The former offence of buying corn or other goods in a market and later reselling it in the same place, so as to raise the price by causing a shortage.It ceased to be an offence in 1847.' 243 Walker, n 112 (maintenance and champerty).At common law in England, maintenance was both a crime and tort, consisting of, without lawful excuse, lending assistance to a party in a civil action, without having a legally recognized interest in the subject matter of the action.Champerty (campum partire) was the variety of maintenance in which the party maintaining was to receive parts of the fruits of the action if it were successful.The crimes and torts were both abolished in 1967.See also Jeake, n 12, p 64.
officers of each port power to try every sort of action, real, personal and mixed, together with pleas of the Crown arising within their particular town. 244 conclusion, by 1465, the Portsmen were still quit of shire and hundred courts and it was confirmed they had the right to hold their own courts leet.And, probably, to remove any ambiguity as to whether they had pleas of the Crown (the charter of 1278 seemed to prevent them) they were also re-granted the same -save for treason which the court of Shepway still handled. 245

(d) Charter of 1668
The charter of 1668 confirmed previous charters.It also provided that the mayor and jurats (mayor, and bailiff and jurats and bailiff) might hold: one court of record and that the same [mayors etc] in every court of those courts…may have and shall have, more fully and more freely than heretofore in the same they have had, full power and authority, by these presents, of hearing and determining in the several courts…by plaint in the same to be levied, and to hold all and singular pleas of and upon all and all manner of debts, accompts, covenants, contracts, trespasses by force and arms, or otherwise, in contempt of us…done, covenant, detinue, contempt, deceipt, withernam 246 and of and upon all and all manner of other actions, real, personal and mixt, whatsoever plaints of assize of novel disseisin or mortdancestor, or of redissessin, within every such port and the bounds, limits and precincts of the same port [etc] …with the power to receive the relevant fines etc without hindrance 247 … The charter of 1668 also provided for the bailiffs and jurats of the Cinque Ports to be justices of the peace: every bailiff and jurats of every member of the ports aforesaid…shall be keepers of the peace and justices of us our heirs and successors to keep the peace of us, our heirs and successors… 248 In conclusion, the effect of the charters of 1278 and 1465 was that the Portsmen were granted by the Crownfrom early on -their own court system.In this, the court of Shepway appeared to hold an important place being specifically referred to in the charter of 1278. However, in fact, the law that was administered in the Cinque Ports from the 14 th century onwards tended to be in the courts of the individual ports 249 -as well as the Warden's court (see below).As a result, the role of the court of Shepway diminished rapidly;  Further, all the ports specific courts -with the exception of those of court of Shepway (the court of Brotherhood and Guestling was an assembly, not a judicial court, see below) -were abolished pursuant to Victorian Municipal Corporations Acts and subsequent legislation, including the Administration of Justice Act 1977 (which suspended courts leet and manorial courts, with limited exceptions). 250 the context of 'sac and soc' it remains to consider the court of Shepway, the Warden's court and the court of the Brotherhood and Guestling. 244Murray, n 6, p 7. 245 As Murray points out, n 6, p 69 the Court of Shepway was considered as a sort of court of special eyre and five matters covered by the eyre were enumerated as special business of the court (treason, counterfeiting the king's money or seal, treasure trove, withdrawal of ship service). 246Murray, n 6, p 223 notes that the application of withernam by the Portsmen probably did them more financial damage than good.The last mention of the process of withernam in the register books of the Cinque Ports was 1669.See also Lyon, n 14, p 240. Jeake, n 12, p 139 mentioned Paramore v Verall (1599) 2 Anderson's Reports 151 (123 ER 594) (custom of imprisonment pursuant to withernam held unreasonable).The custumals also contain details on withernam and the process, eg.Lyon, n 14, vol 2, pp 363-4. 247Jeake, n 12, pp 137-42. 248Ibid, p 145.There are then recited the common powers of JP's, Ibid 145-58.The Cinque Ports' justices of the peace were empowered to give an oath without 'any other warrant, writ or commission to be procured or obtained from us, our heirs and successors'.Ibid, pp 159-60. 249Thus, the mayor in each Cinque Port (assisted by a recorder) tried criminal offenses, except treason.Civil matters were dealt with by mayors in courts of record which were held fortnightly (weekly in Dover and Sandwich).See generally, Jones, n 7, ch 6. Jessup, n 3, p 25 'each town had its own court and assembly, and its own legal customs recorded in the town's custumal.'Burrows, n 4, p 192 'The courts of record established by the charter of [1668] played a great part in the process of stealing away the importance and usefulness of the local assemblies, and so bringing them to an end'.Lambarde (writing in 1570), n 6, p 113 'They [the Portsmen] be impleadable in their own towns also, and not elsewhere: they have amongst themselves in each port, their particular place of justice: they have power (if justice be not done to them) to take the inhabitants of other towns and cities in withernam:…[also] to do justice upon criminal offenders: to hold plea in actions real, and personal: to take conusanse by fine.'

(e) Court of Shepway 251
The court of Shepway -more formally, the king's 'High Court of Shepway' -was originally physically situated in the precincts of the old port of Lympne, near Hythe.252 Its name -Shepway or Shipway -may derive from its location in the shipway (or way of the ships) in the port of Lympne.It may also have come from its location in the lathe of Shepway -one of the Saxon administrative divisions of Kent.However, both derivations are uncertain;253  The court of Shepway was presided over by the Lord Warden (a royal officer) 254 and it may, originally, have been an open air court. 255Indeed, originally, it is likely it was as much an assembly of the Portsmen256 -at which matters such as ship service and the annual herring Fair at Yarmouth were discussed -as a judicial body. 257rtainly, as a judicial court, the court of Shepway was in being by 1150. 258It seems to have operated similar to a shire court and it was presided over by the king's sheriff (the Lord Warden). 259 Court of Shepway -Unsuitableness.Due to the location of the court of Shepway and its irregular meetings (they were held, possibly, only once a year) as well as its organisation, it became increasingly unsuitable as a judicial court;260  Warden's Court.In the 14 th century (it seems)261 the Warden established a court in the south chapel in the Church of St James the Apostle in Dover. 262It was fitted up for judicial sittings of chancery, admiralty and (later) loadmanage for the Cinque Ports.It is likely this jurisdictional innovation was initially opposed by the Portsmen and that admiralty matters -in particular -continued to be held on an ad hoc basis at the relevant place of the wreck or the port in which it was located;263  Warden's Court -Chancery.In the case of chancery, the Warden -as chancellor -dealt with equity suits and this court of chancery appears to have had a fairly extensive jurisdiction,264 with a right of appeal to the court of Shepway only. 265According to Knocker, its chancery business fell into desuetude in the reign of George I (1714-27); 266  Warden's Court -Admiralty.The Warden's court was also a court of admiralty and there was a tendency for the admiralty court to become confused with -and merge into -the chancery court. 267It may have existed as a separate court from the time of Charles II (1660-85). 268As admiral269 the Warden dealt with maritime cases, such as wrecks and prize. 270This court -the Admiralty Court of the Cinque Ports -has never been formally abolished, although it should be;271  Warden's Court -Pilotage.The Warden's Court was also a court dealing with pilotage -the court of loadmanage (or pilotage).This court is said to have been established in 1526 272 although it was probably operating earlier. 273It dealt with pilotage. 274The last session of this court was in 1851; 275  Warden's Court -Last Sitting.The last sitting of the Warden's court was in 1872 and the chapel itself was destroyed as a result of bombing in World War II (1939-45). 276 for the court of Shepway, as previously noted, probably from the mid-14 th century 277 -it became restricted to being a court of appeal in certain matters. 278Certainly, by the time Lambarde wrote his Perambulation of Kent in 1570, it had been overshadowed by the Warden's court, since he writes: I remember, that I have read in a book of the privileges of the five ports, that certain principal points concerning the port towns, be determinable at Shepwey only: that is to say, of these five: treason against the king: falsifying of money: [ship] services withdrawn: false judgment: and treasure found.And likely it is, that the withdrawing of the trial of causes from thence to Dover castle [ie. the Warden's court] has brought decay and obscurity upon the place.(spelling modernised) 279 The court of Shepway was also used for the installation of the Lord Warden 280 and -by the 16 th century -its role seems to have become restricted to this. 281Its ancient role as an assembly was taken over by the court of the Brotherhood by the 14 th century. 282Today, the role of the court of Shepway is purely ceremonial -it is assembled for the installation of the Lord Warden.This ceremony was only re-started in 1861(for Lord Palmerston) 283 after last occurring in 1765 (for the Duke of Dorset). 284

(f) Court of the Brotherhood 285
This court -more properly an assembly, parliament or guild -of the Brotherhood 286 comprised the assembly of the five ports and two ancient towns only -while a court of the Brotherhood and Guestling was a general assembly of the same together with the corporate members. 287Knocker regarded these assemblies as quite distinct from the court of Shepway, although they were subordinate to it. 288As to these:  Court of Brotherhood (Brodhull).It is mentioned from the 14 th century onwards. 289Its original meeting place is not clear.However, later, it met at New Romney.The brotherhood probably met twice a year and its main business was likely: (a) ship service; (b) participation in the Yarmouth herring fair; (c) upholding the privileges of the Portsmen and; (d) arranging honours at court (on the occasion of a coronation). 290After 1637, the Brotherhood only met at increasingly irregular intervals. 291It may be noted that the court of Brotherhood was a representative -and not a popular -assembly; 292  Court of Brotherhood and Guestling.It seems that the 'Guestling' 293 began as an assembly of the ports of Hastings, Winchelsea and Rye in the 14 th century 294 and that this was copied by others ports who -after 1481 -started to hold their own guestlings, attended by corporate representatives and not just those of the head ports. 295In the 16 th century, combined meetings of the Brotherhood and Guestling occurred more regularly using the same administrative machinery.Doubtless, the combining of the two was designed to save time and money.However, after 1663 (the end of the Portsmen's involvement in the annual herring fair at Yarmouth Herring) these combined assemblies became irregular -especially after the 18 th century. 296The meeting place of the combined assemblies appears to have been Romney.

Thol & Them
The charter of 1278 provided that -as well as 'sac and soc' -the Portsmen were to have 'thol and them'.There is considerable uncertainty as to the meaning of these words, of which there were various variants (including 'theam', 'team' and 'tem').It is said that the expression 'thol and them' first appeared in a charter of 1023.299

(a) Thol
The charter of 1278 gave the Portsmen 'thol and them' (also spelt 'tol' and there are other variants). 300The reference to 'thol' here likely comprises a franchise of toll -since tolls were a form of taxation and only the Crown (or Parliament) could impose taxation. Whether 'thol' was a franchise of all tolls that could be imposed by the Crown or not is unclear -just as whether the Crown could create any toll it liked is unclear;  Some commentators suggested that 'thol' was the grant of the privilege to the franchisee to hold a market on its own ground. 301This is credible since -generally -Anglo-Saxon law was restrictive on markets being held otherwise than in cities and burghs, and before witnesses -in order to prevent cattle stealing in particular. 302us, 'thol' (toll) could be a right to hold a market outside the locations permitted by the law, as well as to impose tolls there. 303This is substantiated by the (alleged) Laws of Edward the Confessor (1042-66) which provided: Toll: What we call theloneum, namely the liberty to sell and buy on one's own land. 304 it is -over time -the individual Cinque Ports were granted the right to hold markets in their town. 305Today, markets (and fairs) are regulated by legislation and it is believed none still exist which are regulated by Crown charter -whether in the Cinque Ports or elsewhere.306

(b) Team
The reference to 'team' in 'thol and team' is also subject to conjecture.However, it likely comprises a reference to a legal jurisdiction to hear claims relating to title to stolen goods and the process of vouching to warranty. The latter was where -in an action for alleged stolen (or, possibly, also lost) goods -the current possessor of them referred his purchase back to a third person (generally, the party from whom he received the goods) in order to defend his own legal title to them; 307  In Anglo-Saxon times, the item of goods most often stolen appears to have been cattle,308 which were a valuable commodity.Further, theft was a felony, punishable with death.Thus, a purchaser of goods would desire a judicial process in order to protect himself from any subsequent accusation of theft.
The laws of Hlothhere and Eadric (c.673-88) referred to the basic concept of vouching to warranty and this was expanded on in later Anglo-Saxon laws. 309Thus,  Laws of Ine (688-94) 'If a stolen chattel is attached, and the person in whose possession it is attached vouches it to another man, and if the man will not admit it, and says that he never sold him that, but that he sold him some other thing, he who vouched the man to warranty may declare that he [the witness] sold him none other but the same thing;'310  Laws of Ethelred (978-1016) 'If anyone attaches what he has lost, the man in whose possession it is attached shall declare how it came to him.He shall give pledges and furnish surety that he will produce his warrantor, when the case shall be brought into court.' 311Also, every vouching to warranty 'shall take place in a royal manor';312  Laws of Canute (1016-35) -no vouching to warranty could occur for any purchase over 4d unless there were four witnesses. 313us, these laws clearly link the theft of goods with the vouching to warranty.Further, the later (alleged) Laws of the Confessor (1042-66) clearly linked 'team' with vouching to warranty since they provided: Team: That if something has been attached from someone and he himself cannot have his warrantor, [his] was the monetary penalty; and similarly the jurisdiction over the accuser if he fails in his proof. 314 William I (1066-87), vouching warranty seems to have been a Crown privilege capable of being franchised. 315Having regard to charters post-1066, Pollock and Maitland opined : The team of the Anglo-Norman charters seems to be the right to hold a court into which foreigners, ie persons not resident within the jurisdiction, may be vouched. 316 conclusion, 'thol' seems to have been the grant of a Crown franchise to impose market tolls (and, possibly, others).And 'team' seems to have been the right to exercise jurisdiction where a person was charged with wrongfully possessing goods vouched to warranty.Both were privileges the Portsman would want to have -to stop others profiting.However, as Pollock and Maitland pointed out, by the 12 th century, much of this Anglo-Saxon law was redundant, so much so that people had little understanding of its true meaning. 317Today, this criminal process of vouching to warranty no longer exists.And market and other tolls are statutory and contractual.
In conclusion, the privileges of 'thol and them' are long obsolete.

(g) Mainour, Chattels of Felons
The charter of 1465 provided the Portsmen were to have: the goods and chattels called maynour [mainour] taken, or to be taken, with any person wheresoever within the ports and members aforesaid before whatever judge by the same person disowned. 326en a thief was pursued with hue and cry and taken with the stolen goods on him, these goods were called maynour.Thus, they comprised stolen goods in possession of the thief. 327Maynour never appears to have been abolished as such.However, hue and cry is long obsolete and the right of the Crown (or a franchisee) to stolen goods is no longer exercised -they are returned to their owner. 328e charter of 1465 also provided the Portsmen were to have: the chattels of felons 329 howsoever condemned or convict, to be condemned or convicted of felons [felony], and of escape of felons and fines 330 whatsoever for the same escapes in whatsoever courts of us…before us… the justices and judges of us….whatsoever adjudged or to be adjudged … also the chattels of whatsoever persons put or to be put in exigent for treason or felony.
Also the chattels of outlawed and waived persons and to be outlawed and waived; and the chattels, by what means forever confiscate, of all and singular the barons, and other residents whosoever, within the ports and members aforesaid, wheresoever those goods and chattels shall happen to be found within the ports or members aforesaid or without, in the counties of Kent and Sussex or either of them, although they, or any of them, be officers or ministers of us… 331 Thus, the Portsmen were granted the goods of:  felons;  escaped felons (as well as fines imposed on their jailers for the escape);  persons put in exigent for treason or felony; and  outlaws. 332 it, the forfeiture of the goods of felons was abolished by the Forfeiture Act 1870 and felony was abolished by the Criminal Law Act 1967.Although outlawry was finally abolished in 1938 (in criminal proceedings; in civil proceedings it had been abolished in 1879), 333 it was long obsolete prior to that.
In conclusion, mainour and chattels of felons are obsolete.

(h) Gallows, Pillory,Tumbrel & Thewe
The charter of 1465 provided that the Portsmen: may erect gallows within every port and member of the ports, and members…and judgment cause to be done of malefactors which there shall happen to be taken and apprehended according to the said liberty of infangtheff and utfangtheff and according to the custom in the ports and members aforesaid of ancient 326 Jeake, n 12, p 60. Coke, n 6, vol 3, p 180 seems to have thought the Anglo-Saxon word for this was flemenesfreme.However, Fleta (c 1290), n 180, took this to be 'to have the chattels of one's tenants who take flight.' 327 Ibid 'when a thief is pursued with hue and cry, and taken with the goods he hath stolen about him'.OED, n 47 (mainour or mamner) 'The stolen thing which is found in a thief's possession, when he is arrested: chiefly in the phrase 'taken, found with the mainour'.Cowell, n 90, 'the thing that a thief taketh away, or stealeth.'(spelling moderrnised).Blackstone, n 63, vol 4, p 303 'when a thief is taken with the mainour, that is, with the thing stolen upon him, in manu'.Also, vol 3, p 71. Selden Society, Yearbooks 12 Edward II (1319), vol 70, p 93 'if a man be taken with mainour, at the suit of a party, and is convicted at the party's suit, [the party] shall have his chattels.'See also Rastell, n 35 (definition of maynour 'when a thief hath stolen, and is followed with hue and cry, and taken, having that found about him which he stole, that is called maynour.' 328 See also the concept of waif, n 357 (stolen goods thrown away by a thief in flight). 329Burrows, n 4, p 72 recorded that the goods of one Jeremy Whatelow, hanged for felony in 1593 in Romney, fetched £27 for the port. 330It olden times, if a person escaped from prison, the goaler (jailer) was fined, whether the escapes resulted from negligence on his part or not.See also Jeake, n 12, p 61. 331  time used… 334 [Also, that the Portsmen] within every port and member of the ports…may have thewe, pillory and tumbrel for the punishment of malefactors there. 335e pillory and tumbrel were used for more minor offences.They were visible ways of punishing people by subjecting them to the opprobrium of the crowd -sometimes with disastrous effects since death resulted.The pillory was abolished in 1837. 336The tumbrel, originally, was likely a dungcart used for the punishment of brewers, bakers, butchers etc who sold unsound food and drink.However, its form likely changed over time since it later became associated with the cucking stool. 337The thewe also seems to be a reference to the latter. 338t is unclear whether the cucking stool has ever been formally abolished.It is long obsolete in any case.
In conclusion, the gallows, pillory, tumbrel and thewe are all obsolete.

Selling, Buying & Re-Buying of Goods
The charter of 1278 gave the Portsmen freedom in respect of: all their selling, buying, and rebuying; throughout all our land and dominion. 339[Also, that they be] be quiet [quit] of all their goods and all their merchandise as our freemen. 340[Also] we forbid, lest any unjustly disturb them or their merchandise, upon our forfeiture of ten pounds. 341is privilege had been granted earlier to individual ports.Thus, a charter to Rye and Winchelsea (1191) provided that they: shall be quit of all their things and of all their merchandise as our free men. 342nes noted that this wording in the charter of 1278 gave the Portsmen the privilege to buy, and sell, goods within the liberties of any other corporation, or privileged place, throughout the realm. 343Further, the Portsmen enforced this privilege when occasion demanded -especially in the City. Jeake 344 and Jones 345 refer to a case in 1517 when a Winchelsea (and three Rye) drapers bought cloth in the City, in Blackwell Hall.City officials seized it on basis that the purchasers were 'foreigners'; 346  However, the mayor and the recorder of London upheld the claim of the Portsmen that -as barons (freemen) of the Cinque Ports -they had been granted by the Crown the freedom of trade in all parts at 334 Jeake, n 12, p 68. 335 Ibid, pp 66-7. 336Walker, n 112 (pillory) 'A form of punishment in which the offender was made to stand in a public place with his head and hands secured through holes in a frame, sometimes to be derided and pelted by the public and held up to them as an infamous person….It was finally abolished in 1837.' 337 Coke, n 6, vol 3, pp 218-9 'everyone that hath a leet or market ought to have a pillory and tumbrel, etc, to punish offenders, as brewers, bakers, forestallers etc.' OED, n 47 (tumbrel) 'An instrument of punishment, the nature and operation of which in early times is uncertain, from 16 th c. usually identified with cucking stool.' Lambarde (1588), p 25 'Setting in the pillory or cucking stool which in old time was called the tumbril.'See also Knocker .. that of their lawful goods and merchandises which in due manner they shall happen to buy within our land of Ireland, no man be partner of those goods and merchandises not with them, against the will of the [Portsmen] shall partake thereof in any wise.'See Jeake, n 12, p 39. Cf.Gross, n 158, vol 2, p 161 (re obligation of partnership among gildsmen). 342Ballard, n 52, p 100. 343 Jones, n 7, p 14. Jeake, n 12, p 8 'Hereby is intended the freedom for Ports Men to buy and sell openly in any corporation, or privileged place, without being bound to the use of brokers, or other freemen of the place.And that goods so bought or sold shall not be seized as foreign bought or sold.See also McBain, n 1, p 39. 344 Jeake, n 12, pp 8-11. 345Jones, n 7, p 93 'In the year 1517, three Rye drapers purchased broadcloth in London, which was immediately seised by the city officials on the plea that the purchasers were foreigners; but Rye instructed a solicitor to bring the matter before the King's bench, when it was proved that the men of Rye, as freemen of the Cinque Ports, had the freedom of trade in all parts given them as early as the time of Edward the Confessor, [in fact the charter shown was that of Edward I of 1278] whereas, the charter under which the Corporation of London acted, only dated from the 1 st year of the reign of Richard II [ie.1377]; so the cloth had to be restored to the Rye drapers.' least as early as 1278 -whereas the charter under which the City acted was a later one of Richard II (1377-99) of 4 December 1377. 347The cloth was restored to the drapers.
This privilege of buying and selling is long obsolete since restrictions on the same to freemen in cities and towns have long been abolished.

Wardship & Marriage 348
The charter of 1278 provided that the Portsmen have: this liberty (that is to say) that we…may not have the wardships or marriages of their heirs, by reason of their lands which they hold within the liberties and ports…of which they do their [ship] service…, and of which we or our ancestors have not had the wardships and marriages in times past. 349so, a charter of Edward I of 28 April 1298 granted to the Portsmen that: all they have born within the…Cinque Ports, although they shall hold lands and tenements without the liberties of the said ports, by such [ship] service, that the marriage of them, by reason of their nonage, to us…ought to pertain according to the law and custom of our kingdom; nevertheless according to the liberties of the ports [ie the Cinque Ports], they may marry themselves without occasion or impediment of us…for ever, saved [saving] the right of every other whatsoever. 350e Crown had certain prerogatives respecting wardship (custodia, warda) and marriage (maritagium). 351 Wardship was the right of the sovereign to act as ward in respect of an underage heir and his land, on the death of one of his tenants.Marriage was the right of the sovereign to dispose of his wards in marriage;  These prerogatives were -in the case of important people -valuable and it was something that sovereigns were happy to franchise, treating wardship and marriage as a vendible commodity. 352us, the Portsmen were granted wardship and marriage of their heirs.This quittance was also granted to others since a number of early borough charters provided for burgesses to give their women in marriage to whomsoever they willed, without any license from any person. 353As it was, Crown prerogatives to wardship and marriage were abolished by the Tenures Abolition Act 1660. 354 conclusion, Crown prerogatives to wardship and marriage were abolished in 1660.

Waifs, Estrays, Treasure Trove & Wreck (a) Waif & Estray
The charter of 1465 provided that the Portsmen have: all the goods and chattels waived or which are called waife; and also all the goods and chattels which are called stray; also treasure found or to be found within the ports aforesaid or within any member of the same. 355Also, 'such chattels called waife, stray…' 356 As to these:  Waifs.These were stolen things thrown away by a thief in flight.They belonged to the Crown by virtue of its prerogative, being a punishment (it is said) imposed on the owner for not having pursued the thief and re-taken his goods. 357In early medieval times -when there was no regular police force and the apprehension of thieves depended on 'hue and cry' and a high degree of self-help -this penalty was an inducement for victims to apprehend thieves.Even then, however, there were restrictions on this deprivation of stolen goods by the Crown. 358Today, neither the Crown (nor any franchisee) avails itself of this prerogative.Further, there is a modern police force to deal with such matters and, in law, persons are not to be deprived of their goods without good reason. 359A previous article has asserted that this concept should be abolished; 360  Estrays.As Halsbury notes, estrays are animals of a valuable or reclaimable nature which are found wandering in any manor or lordship, whose owner is unknown.They belong to the Crown (or any franchisee) as bona vacantia. 361Estrays do not include wild animals or birds (save for swans); nor cats and dogs or small pets.Further -as with waifs -there were restrictions on this depivation of goods. 362Today, the likelihood that animals might become estrays is very limited since cows, sheep, horses, pigs etc are invariably marked. 363Further, persons are not to be deprived of their goods without good reason.A previous article has asserted that this concept should be abolished.

(a) Treasure Trove
The charter of 1278 provided that the Portsmen were to 'have their findals in sea and in land. 364The word 'findals' 365 is a reference to treasure trove.This prerogative was confirmed in the charter of 1465 which provided the Portsmen were to have: treasure found or to be found within the ports aforesaid or within any member of the same ...' 366 Also, they: may have and every of them may have all their findals by land and sea freely, peaceably and quietly, without any impediment or grievance of us…or of the Constable of us…of our castle of Dover, Warden of the Cinque Ports…or of the admiral within the ports and members…without partition thereof to be made for us, or any part thereof to be rendered to us or to… any other. 367he franchise of the Crown prerogative to treasure had been given earlier than 1278, at least, at some ports.Thus, a charter to granted to Rye and Winchelsea in 1191 provided: We have granted…that they may have their findings [findals] by sea and land. 368though the purpose of franchising this Crown prerogative was to obtain financial benefit to the Crown, one supposes the Portsmen held treasure trove to be a valuable privilege. 369Today, the law on treasure trove is contained in the Treasure Act 1996 and -although, treasure was quite often franchised in earlier times -the only ones that presently claim it are the duchies of Lancaster and Cornwall 370 as well as the City (within the Square Mile). 371However, the first two -effectively -comprise the Crown. 372In a previous article it is asserted the franchise of treasure should be abolished. 373Since it is no longer claimed by the Portsmen 374 no loss would result to them if this occured.

(b) Wreck
Another valuable right to the Portsmen was wreck, not least, since the general reputation of the Portsmen in early medieval times was they were happy to create it -by exposing ships to danger on their shores -just as they were happy to engage in piracy when not providing ship service.It is likely individual ports received a grant of wreck early on.As it is, the charter of 1278 granted the Portsmen 'wreck'. 375This covered all wreck on the coast in any of the precincts of the ports. 376The charter of 1465 confirmed that the Portsmen: may for ever have wreck of the sea, howsoever happening, in whatsoever coast and arms of the sea adjacent to the ports and members aforesaid and all and singular things to such wreck appertaining or belonging. 377 to their right to wreck, Jones noted that it gave the Portsmen: the right to wreck of the sea, not individually, but to the Lord Warden as their chief, and ultimately it became his personal perquisite. 378e franchise of wreck by the Crown may not have been as limited as it should have been since it often enabled franchisees to thereby claim greater admiralty rights - 379 as well as rights to the foreshore -both of which were probably not intended. 380Wreck may also have conveyed flotsam, jetsam and ligan -though this was not expressly referred to in the charters. 381day, waifs and estrays are obsolete.Further, treasure trove is not claimed and wreck generally is usually of negligible worth. 382

Coronation Services, Den & Strond (a) Honours at Court
The charter of 1278 provided that the Portsmen were to: have their honours in our court, and their liberties throughout all our land wheresoever they shall come. 383 to what this comprised, the Portsmen had the privilege of carrying a canopy over the head of the sovereign at his (her) coronation 384 as well as to sit at his (her) right hand at the coronation banquet.Both privileges have been in abeyance since 1821. 385 The right to carry the canopy existed since, at least, 1189.It occurred at the coronation of Richard I (1189-99) where it was described as 'ancient'; 386  At coronations after the Civil War (1649-60), both privileges seem to have degenerated into unseemly rows both over seating as well as the division of the canopy after the coronation; 387  At the coronation of George IV (1820-30) in 1821 the canopy seems to have become very unwieldy.Therefore, it is understandable why it should later be dispensed with. 388though both canopy and coronation banquet ended in 1821, at the coronations of Edward VII (1901-10) in 1902 and George V (1910-36) in 1911 representatives of the Cinque Ports attended, as they did at subsequent coronations. 389

(b) Den & Strond 390
The charter of 1278 provided that the Portsmen have: den and strond at Great Yarmouth according to that which is contained in the Ordinance [of 1277] thereof by us made, and perpetually to be observed. 391e word 'den' (denne) seem to specifically refer to marsh land at the mouth of the river Yare. 392'Strond' is an old word for the strand or seashore. 393It seems that, legally, the former comprised the right to have space on the seashore to spread (and mend) their nets; the latter the right to land (and dispose of ) their fish. 394Thus, this right was a slightly unusual one -an easement -the right to dry, and mend, nets on marsh land at the mouth of the river Yare in Norfolk called the 'Dennes' during the herring season.It was later also interpreted as including the right to organise a large and profitable herring fair there.
 When this herring fair first arose is unclear.However, it has been conjectured that it was well established by the end of the 11 th century. 395In autumn of each year -from the middle of September until near the end of October -fishermen from all parts of the English and Flanders coasts would go to the mouth of the Yare to fish for herring;  When the fishing and fair first arose there was no town or government there.So, the Cinque Ports annually appointed bailiffs to keep order to regulate the fishing and administer justice, as well as to regulate the fair. 396The growth of this activity resulted in the town of Yarmouth (later Great Yarmouth to distinguish it from Yarmouth in the Isle of Wight) coming into being and, from the time of king John (1199-1216), the town was granted its own bailiff and port reeve. 397However, there were 'demarcation' disputes and these officers and the Cinque Ports fishery bailiffs regularly clashed. 398In one such incident, a Yarmouth officer killed one of the latter, and was hanged for it. 399 try and curtail the strife, Edward I (1272-1307) issued an Ordinance (a dite or edict) on 20 May 1277. 400owever, it did not restrict the rights of the Portsmen to 'den' and 'strond', as later encapsulated in the charter of 1278. 401 Although legislation -the Statute of Herrings 1300 -provided that the Portsmen could regulate the Yarmouth herring fair, 402 this did not abate the strife. 403However, the fair declined markedly over the centuries and, in 1639, the Cinque Ports petitioned Charles I (1625-49) and the privy council that they be discharged of their responsibilities vis-à-vis Great Yarmouth;  Finally, in 1663, the Great Yarmouth herring fair was abandoned by the Portsmen. 404Thus, this privilege of den and strond has been in abeyance for more than 350 years.

Conclusion
Unlike the City -who received many Crown prerogatives in return for financial and political support -the Portsmen received theirs in return for naval service.However, by the 16 th century, the latter was no more.
Although the Cinque Ports clung on to their prerogatives, by the time of their last charter in 1668, most of these prerogatives were of little -or no -value.Today, it is asserted that the charters can be cancelled since all the prerogatives contained therein are obsolete:  Taxation.When all previous forms of national tax were replaced by a land tax in 1670 it rendered references in the charters to exemptions from (dane)geld, scutage, tenths and fifteenths, subsidies, contributions, scot etc of no value.Tolls and customary rates still existed.However, by Victorian times -with various and municipal Acts -they had gone, with rare exceptions in the case of tolls.Today, to the extent they exist, tolls are statutory or contractual ; they do not exist by virtue of the Crown prerogative.The Crown prerogative to wine (prisage) was abolished in 1809:  Judicial.The Cinque Ports court system is now no different to that elsewhere in the country, apart from the Cinque Ports Court of Admiralty.This court is no longer required (it appears not to have sat since 1914) and should be abolished.The Court of Shepway qua court became redundant by the 15 th century.It still, technically, exists and should be abolished, qua court of appeal, since it is no longer required; 405  Criminal & Punishments.Anglo-Saxon privileges of: 'sac and soc', 'tol and team', 'infangthef and outfangthef', 'maynour' were antiquated even by the 13 th century. 406So too the freedom from various 'wites'(fines).The gallows have long gone, the pillory was abolished in 1837 and the tumbrel and thewe are obsolete The Cinque Ports declined in importance after the 14 th century.In part, this was geographical with most of their ports silting up. 408It part, it was the development of a royal navy which eclipsed the need for their ship service.There was also -as Murray asserts -a tendency of the Cinque Ports towards insularity (conservatism) and to the rigid holding onto the Crown privileges granted to them without their developing stronger links with other ports and towns. 409As to their privileges, these have long gone. 410In conclusion, it is the asserted that:  The charters of the Cinque Ports should be cancelled -preserving (in legislation) the courts of Shepway and the Brotherhood and Guestling for the ceremonial installation of the Lord Warden of the Cinque Ports; 411  As with the charters granted by the Crown to the City, 412 cancellation would help modernise the law and it would be of no practical loss to the Cinque Ports or to the Portsmen. 413The Cinque Ports Court of Admiralty (which has probably not sat from 1914) should be abolished and its jurisdiction merged into the High Court (Admiralty). 414 Ballard, n 52, pp 182-7 refers to charters to: (a) Hythe (in 1156) 'quittance of toll and all custom for their wares sales and purchases throughout the whole of England and Normandy, into whosesoever land they may come'; (b) Romney (1154-89) 'quittance of all toll and lestage and rivage and wreck and every other custom.';(c) Sandwich (1155-8) 'quittances from toll and passage and all customs as well and fully and justly and freely as ever the best and most fully had them in the time of king Henry my father [ie.Henry I, 1100-35] and of king William [ie.William I, 1066-87] and my other predecessors'; (d) Hastings (1155-8) 'quittance of toll and lestage and passage and ravage [ravage or arrivage] and sponsage and …from all customs throughout the whole of my land wherever they may come.';(e) Lydd (1155-8) 231 … and …cognisance, as well of all manner of pleas in [such] actions;' 232 they were wont, and where they ought, that is, at Shepway.';(b) Sandwich (1155-8) 'And they shall not plead except where they ought and were then wont'; (c) Rye and Winchelsea (1191) 'And if anyone wishes to plead against them, they shall not answer nor plead otherwise than the barons of Hastings and Cinque Ports plead, and were wont to plead in the time of king Henry, our father [Henry II, 1154-89].'

; 407 
Buying & Selling.Restrictions generally on trading had ended by Victorian times, especially in the City, where the need to use a broker (in the case of foreigners) ended in 1750;  Wardship & Marriage.Crown prerogatives in respect of the same were abolished in 1660;  Other Privileges.Coronation privileges to carry a canopy and to attend the coronation banquet ended in 1821.Den and strond ended in 1663.
, tolls were being charged on ships 72 and goods.For example, a document from the time of king Ethelred (978-1016) indicates the tolls charged at Billingsgate in London: In Edward I's day[1272-1307]the petition came before the royal council in parliament, and the 'local rate' as we may say, was frequently a 'parliamentary tax'; but as the king had not yet lost the right to tallage his boroughs, he could permit them to tallage [ie.tax] themselves…A large part of the borough's revenue was derived from tolls, if we use the term in the largest sense to include 'passage, pontage, lastage, stallage, bothage [sic], ewage, tronage, scavage' and the like.Naturally, a borough community intrusted with the farm of tolls was tempted to impose a stringent and protective tariff: times Termes de la Ley, a law dictionary first published by Rastell in 1579.The edition of 1708 provides: 'Lastage is to be quit of a certain custom exacted in fairs and markets, for carrying of things where a man will.'85Jeake,n12,p 57 'Terrage or groundage, nothing to be paid for their ships lying a ground or at anchor in any of the king's havens or harbours.'Aletterfrom the mayor and jurats of Rye in 1580 indicates they considered the term 'terrage' to encompass groundage and anchorage.Ibid, p 57 and n 76 above.For keelage, see Rastell, n 35 (custom for using port of Hartlepool).86Wharfagewas also called quayage, groundage also called grondage and passage was often referred to by its latin term, passagium.Jeake, n 12, p 57 'Keiage or Keyage, a toll or duty paid to the maintenance of a common kay or wharf for the landing or shipping of goods.' Once tallages and aids could only be levied with the consent of Parliament, sovereigns either had to have the consent of Parliament or seek to tax under another name.This they did, up to the time of Charles I (1625-49) by calling such taxes gifts, loans, benevolences etc. See generally, McBain, n 125, p 546.Also, Maitland, n 138, pp 181, 260.147Blackstone, n 63, vol 1, p 298 .Also, OED, n 47 (fifteenth) 'A tax of one fifteenth formerly imposed on personal property'.In early times the proportion varied.Also sometimes they were granted on rents and movables, sometimes rents, sometimes movables of a particular description.See generally, Dowell, n 112, ch 4.148Dowell, n 112, p 68. Maitland, n 138, p 13 described this as the first taxation of personal property.149Citiesand boroughs were taxed at a heavier rate than shires (a tenth).Maitland, n 138, pp 174, 176.See also Jeake, n 12, p 81.
Murray, n 6, p 219. See also n 110.Lambarde, n 6, p 113 (writing in 1570) '[The Portsmen are] exempted from all payments of subsidy' (spelling modernised).144Blackstone,n63,vol 1, p 302.145OED, n 47 (contribution) 'A payment or tax imposed upon a body of persons, or the population of a country or distict, by the civil, military or spiritual authority; an impost.'Seealso 7 Edw VI (1552-3) c 1 s 15 (rep) 'Any…collector of any dismes, quindismes, benevolences, contributions or subsidies.'(spellingmodernised)146 Even earlier, the so-called Ten Articles of William I (c.1080) provide 'But every Frenchman, who in the time of king Edward, ny kinsman [ie.Edward the Confessor, 1042-66], was admitted to the status of an Englishman, which they call being in 'in lot and in scot' shall be paid for according to English law.' See Robertson, n 73, p 239. See also London charter of Henry I (c.1131),where 'eschot' is translated as 'state taxes.'Ibid,p288-9.Rastell, n 35 links scot with a customary tax charged by the sheriff or bailiff 'Scot is, to be quit of a certain custom, as of common tallage made to the use of the sheriff or bailiff.'158Thereference to 'lot' does not appear in all versions of the charter of Henry I (1100-35) in the London charters.See McBain, n 1, p 17. Cf.Gross (1890), vol 1, ch 4 who argued that scot and lot were synonymous and, in the context of gilds, it meant that a gildsmen was expected (p 54) to 'render the authorities of the borough assistance, according to his means whenever they needed money.'159McBain,n 1, p 17.A wordsearch of the Statutes of the Realm (Tanner Ritchie Publishing CD) up to 1624 (searching escot and scot) Jeake, n 12, p 57.He commented 'Scot, from the French escot, as some say, by the statute Anno 33 Henry VIII cap 19[1542]imports a customary contribution laid upon all subjects after their ability.Rastal saith (see n 84) , it is a custom, or common tallage made to the use of the sheriff or his bailiff.'Thereference to 33 Hen VIII c 19 appears to be a mis-reference to 33 Hen VIII c 9 (see n 159).Jeake also translates references in the charter of 1465 to 'quotis' (p 80) as 'scots' and 'quotam vel taxam' as 'other scot or tax' (p 81) with 'tax' comprising (in his opinion) 'any assessment or tribute laid upon the subject.' (p 81).See also text to n 108.156It is juxtaposed with 'gild' (gildo) which may not just refer to dangeld but to any geld or tribute, see n 120.In later times 'scot' was more specifically linked to the contribution of burgesses towards the needs of the local community.That is, a contribution towards municipal tax.OED, n 47 (scot) 'A tax levied by a municipal corporation in proportionate shares upon its members for the defraying of municipal expenses.'Also, 'A customary tax laid on, or a contribution paid by subjects according to their ability, a custom paid to the use of a sheriff or bailiff; a local or municipal tax.' 157 See McBain, n 1, p 17.The Statute of Jews (temp incert but possibly 1307) provides that the Jews by virtue of their merchandise not be put to: 'lot or scot, nor in taxes (ne en escot ne en tailllages) with the men of the cities where they abide' Blackstone, n 63, vol 1, p 304 'Prisage was the right of taking two tons of wine from every ship importing into England twenty tons or more; which by Edward I [1272-1307] was exchanged into a duty of 2s for every ton imported by merchant strangers; which is called butlerage, because paid to the king's butler.'OED,n47(presage)'An ancient custom levied upon imported wine.' See alsoDowell, n 112, p  86; Sarjeant (1918), p 262 in Unwin (see n 129) andHall (1970), vol 2, p 90 et seq.See also Ballard, n 52, p lxxiv 'right of the king or the lord to take two casks of wine from every ship-load of wine imported.'Also, Burrows, n 4, p 118.
171Jeake, n 12, p 34 refers to 1 Hen VIII c 5 [1509, it provides that no person quit of presage shall custom for those not quit] and states that it was 'a custom whereby the king challenged [took] out of every bark laden with wine less than forty tons, two tons of wine at his own price.This clause, therefore, in the charter, is a remission of that claim out of the wine any Ports man shall adventure for upon his own account.' 172 Sarjeant, n 170, p 282.173McBain, n 125, p 544. See also 49 Geo III c 98 (1809), s 35.For the later position of prisage see Cunningham (1764), p 7.174Jeake, n 12, p 8.
Ibid, p lv 'this exemption is contained in the charters to some of our oldest boroughs, Wallingford, Maldon, Hythe, Dunwich,Yarmouth and Stafford'.See also, pp 115-21.For example, p 117, charter of Truro (1166) 'they shall not plead in hundreds nor in shire-moots nor for any summons shall they go to be impleaded anywhere outside the town of Truro.Oxford (1156) 'And they shall not plead outside the city of Oxford for any plea by which they may be challenged.'Seealsofreedomfromshirecourts,Ibid,pp123-24.211Ballard,n52,p116'Thecitizensshallnotplea outside the walls of city for any plea'.See also McBain, n 1, p 13.212Murray, n 6, p 51 'they enjoyed freedom from suit at shire and hundred, from attendance at the courts of eyre, from service of jurors, and from summons to answer in foreign courts.'213ThePortsmensupportedSimondeMontfort against Henry III (1216-72) in the Baron's War of 1258-65.See generally,Brand (2003), and Green, n 5, p 22. Burrows, n 4, p 107 'The Baronial party had soon after that year granted the Portsmen an extension of territory, at the expense, we must suppose of the king's friends; and this of course could not hold after the war.' 214Baker (2002), p 16 'In 1176 the itinerant justices were organised into six circuits, though the number was to fluctuate before six became the settled number for the assize circuits.The justices assigned to these circuits…were known at first as justiciae errantes (wandering justices), later as justiciarii in itinere (justices in eyre); the French word 'eyre' became the name of the institution itself; and it was one of the most prominent forms of royal justice until the time of Edward III [1327-77].' Ballard, n 52, p 123.The charter to Hythe (1155-8) 'quittance of shire and hundred courts'.Rye and Winchelsea (1191) 'quit of shire and hundred courts.' 210 215 Thus, they could not be summoned to appear in courts outside the Cinque Ports in respect of land they held outside the same.Jeake, n 12, p 22.216Jeake, n 12, p 22. Murray, n 6, p 68 '[the charter of 1278 granted them] immunity from the common summons of the justices in any county even if they held lands outside the liberties; only if they were personally concerned in a case as plaintiffs or defendants were they required to attend the Eyres.This charter did not exclude the justices from Shepway nor prevent the Portsmen seeking justice or standing to trial in the county sessions, but by excusing them from attending to answer the questions which formed the most important business of the Eyre, it helped them to establish claims to complete exemption.'217Ibid.See also Burrows, n 4, p 74.A charter to: (a) Hythe (1156), cited by Ballard, n 52, p 136 states: 'Nor shall they plead except where Jeake, n 12, pp 59-62.For the case of one Jonn Stone of Rye outlawed in 1577, see Jeake, n 12, p 61 and Jones, n 7, p 94.
332P & M, n 71, vol 1, p 583 'The lord, though he does not try felons, unless they be handhaving thieves, gets the forfeited chattels of condemned felons and outlaws which ordinarily would belong to the king.With this is sometimes coupled the right to hang felons sentenced by the king's justices.'See also McKechnie, n 130, p 339.
, n 6, p 102 (tumbrell was a cucking stool) and Rastell, n 35 (definition of cucking stool 'cucking-stool…was called in old time a tumbrel').Rastell, n 35 (the trebuchet was also called a tumbrel or cucking stool).338OED,n47(thewe)'Name of an instrument or apparatus of punishment ordained, instead of the pillory, for women; often identified with the cucking stool' Coke, n 6, vol 3, p 219 'a stool that falls down into a pit of water, for the punishment of the party in it' (spelling modernized).Blackstone, n 63, vol 4, p 169 (trebucket, castigatory, cucking stool).Riley (1868), p 319 'that the said Alice should undergo the punishment of the pillory for women ordained, called the thewe.' 339 Jeake, n 12, pp 8-11.340Ibid,p21.341Ibid,p 23.A charter of Edward I of 28 April 1298 (see text to n 18, first charter) gave the Portsmen rights when trading with Ireland.It stated 'We have granted also to [the Portsmen] .