Warden's pleasure; and, although they acted here jointly, as to the government, for the defence of the liberty of the whole, yet every particular corporation, in each town, acted severally and distinctly; according to its own privileges, charters, and customs, within their own peculiar limits, without any controul or interference from this court or the rest of the community. (1) Although this Court has, for a very long period, ceased to exercise its ancient usages of meeting, for holding Pleas and various other matters, and is now held only when, on the election of a new Warden, he attends to take his oaths of office there; still it may not be uninteresting, in this place, to introduce the summons which was issued to the barons of the Ports, for their attendance, as recorded in the Customal of Winchelsea and Rye. (2) "The form of the general summons of the Barons of the Ports, to attend the court at Shepway. "The King to his beloved and faithful the Mayor of Hasting, greeting, "We command you, that every occasion laid aside, ye be at Shepway, at such a-day, before our beloved and faithful A. B. &c. and that you make to come thither twentyfour of the more loyal and discreet Barons of Hasting, and others, as they ought, and were wont to come to the Place of Shepway, to answer before the aforesaid Justices of the chief Points underwritten. Of the old Pleas of the Crown, which otherwise were before the Justices at (1) Hasted's" History of Kent." (2) Why this form of summons is not taken from the Customal of Hastings itself is from the circumstance of that record not being now in existence. In a cause, tried about a century since, to determine the right of an individual to be admitted to the freedom of the Corporation, under this Customal; on an order of court for its production being made, as necessary to substantiate his claim, it was not to be found. It was conjectured, therefore, to have been destroyed for the purpose of preventing any future similar claims; but the most material parts, relative to the freedom, are still preserved in the report of the foregoing contest. This Customal is stated to have been written in the 30th of Edward III. Shepway, and were not determined. Of the new Pleas of the Crown which have happened within the liberty in the time of Peace, after the Justices last journeyed at Shepway. Of those which were amerced, &c. Of Churches; of Assize; of Cloth; of Escheats, &c. Of those which have robbed by Land or Water after Peace proclaimed. Of Purpresture (1) and Measures; of Wines sold, &c.; of Treasure, &c.; of the Chattels of the French, &c.; of Flewers; (2) of Burghers, &c.; of Merchants, &c.; of Exchange, &c.; of Fugitives, &c.; of Wages, &c.; of new Customs, &c.; of Default of Goods, &c. ; (3) of Rapines, &c.; of Ships taken in War, and delivered, and who hath them, and what is done with them; and of those which have sold Ships, or Timber to build Ships, to the Enemies of our now Lord the King, That ye make to come before the same our Justices, at the term aforesaid, all Pleas and all Attachments which ought and were wont to come, and be determined before the Justices holding Pleas at Shepway." Besides the before-mentioned Court of Shepway, the Warden holds a court of chancery, or equity, as chancellor; and a court of admiralty, as admiral of the Cinque Ports; (4) thus exercising at once a civil and military authority and jurisdiction. There is again another court of an inferior sort, called Guestling or Brotherhood, which is held annually on the Tuesday after St. Margarets, at New Romney, to consult about such things as concern the common good of the Ports. Here they used to choose two bailiffs, whom they sent to Yarmouth, during the free fair at that place, for the purpose of protecting the fishermen of the west and north; and that all the King's subjects might freely buy herrings for their use or merchandize, without which care, (1) Weights and measures. (2) Men who were at that time employed in fishing along the shores. (3) Default of payment of debts, or claims for them. (4) In his patent he is styled "Constable of Dover Castle, Warden, "Chancellor, and Admiral of the Cinque Ports, the two ancient towns, " and their members." C it was stated, the herring trade would be engrossed by Yarmouth. (1) The visits and interference of the Cinque Ports with Yarmouth, and the struggles for the right of governing the fair at this latter place, began, however, in the reign of John, to sow the seeds of disunion between them; and, at length, eventually engendered such bitter and serious feuds and animosities, and proceeded to such extremities, as to alarm the nation itself with their quarrels. (2) Every plan for adjusting matters, that could be devised by the king, his council, and parliament, was equally ineffectual, even when accompanied with threats. But, when time had tarnished the honours, diminished the emoluments, and considerably increased the expences of regulating the fair, their animosities gradually subsided, as the bone of contention became less valuable. The Court of Brotherhood, taking the whole matter into consideration, judged it necessary to shorten the time of their bailiffs continuing at Yarmouth, from forty days to three weeks. This, as Jeake observes, was preparing the way for resigning a right which was hardly worth preserving; for, in the reign of Elizabeth, the salary of their bailiffs, which had been 267. per annum, was raised to 301. Their clerks had 67.; but the stipends of their counsellors, attornies, and inferior officers, frequently varied. It appears that, in the fifth year of Henry VIII. the Court of Brotherhood decreed, that the yearly report of their bailiffs sent to Yarmouth, might be dispensed with; and, by another decree, A. D. 1601, the yearly Guestling was abolished. They, nevertheless, continued to send their bailiffs, until the year 1663; and it was then decreed, that their services might cease, and an end was put to a contest, which had cost their ancestors much blood and treasure to maintain, from the reign of King John. (3) The following historical notice of the Court of Brother (1) Hasted's" History of Kent." hood and Guestling, is taken from Jeake's History of the Cinque Ports, which gives the most copious details of its subject and proceedings, and the causes and consequences which led to all but its final and absolute decay; and the subject cannot be better elucidated than by giving it, verbatim, in the words of that learned and indefatigable enquirer. "The Court of Brotherhood and Guestling." "The Cinque Ports and two ancient Towns, being alike and equally privileged, and under the joint charge of shipping to be provided according to their Charter, it could not be long but of necessity they must enter into a joint association and brotherly community one with another, (the more easy to be effected by reason of their neighbourhood); because, whenever the ships they were to equip were to be fitted, according to the number commanded, (which sometimes were less in number than those mentioned in the Charters, though perhaps bigger in quantity, and so as costly) to be made ready, there must be a brotherly conference had amongst them for the provision thereof, and levying the charge proportionable for the same. And this assembly of them is that which is now called a Brotherhood, formerly Brodall, which signifies All Brethren, and is the same with that in the Charter, Brothengeeld. Besides, the staple trade of these Towns consisting much in Fishing, not only of fresh fish at home, but of Herrings, every year in the season thereof at Yarmouth (in Norfolk) when bringing them to shore, in the sale and delivery among the multitude, divers differences and stirs arose for want of a settled order in that town, as tradition still reports, before there was any town, or any other shew of a town, than some huts or cabins set up near the water-side, like the booths or tents in a fair; and that but during the time of this Herring Fair there: the Ports were forced to agree and join together yearly to elect and send thither their Bailiff to abide there during the Herring Season, allowing them a certain sum for their expence. And the approbation of these Bailiffs, and hearing the reports of their proceedings there, and the raising these allowances, were other necessary causes of creating this their Court of Brotherhood. And moreover, for joint advice and assistance one of another in all emergencies, prudent policy enforced them to acquaint each other with the state and condition of their affairs, in relation to their Charters and Customs, and to a unanimous defence thereof. For, if any particular of them should be impeached or invaded (they being all equally enfranchised) the mischief might not only have been precedential, and so of ill consequence to the rest in their like loss, but would have been prejudicial to the whole, who must have made good the total of what was jointly charged on them in general to perform; though some part had been disabled to furnish his quota thereof. And these things also, with others, made it necessary sometimes, for these Ports and two Towns, to have conference with their Members; whereupon arose the ancient Court among them, called a Guestling, where the members that are corporate, as Guests invited, appear and sit with those of the Ports and ancient Towns, to consult about the general state of their affairs; for the members cannot raise or appoint this Guestling of themselves, but the Ports and two Towns, by consent of the major part of them, can and do rear it and call the Members together, when and where they please. By the same name of a Guestling, is also a Court called, that consisteth but of part of the Ports and two Towns, as suppose Hastings, Winchelsea, and Rye, raised upon request of one of them; where by consent, and as by brotherly invitation, they appear to agree on something necessary to their respective Towns, but not by compulsion or penalty; whereas in the Brotherhood, and other Guestling, if the person or members of any Corporation fail to appear, the Corporation is fined to the use of the whole Ports and Members. Of these Brotherhoods and Guestlings, there are two sorts, general and special. The general, is that court which is raised to sit at the usual time of holding it, and appears with the full number of persons to be returned thither (defaulters excepted.) The special is summoned to sit at some unusual |