The Cinque Ports and Great Yarmouth Bailiffs' Report, 1588. Transcript

http://kentarchaeology.org.uk/research/archaeologia-cantiana/ Kent Archaeological Society is a registered charity number 223382 © 2017 Kent Archaeological Society ( 161 ) THE CINQUE POETS AND GREAT YARMOUTH. BALLIEES' REPORT, 1588. TBAUTSCEIPT BX W. L. RUTTON, E.S.A. INTRODUCTION. THE ancient connection between the Cinque Ports and Great Yarmouth is probably little remembered at the present day, although, as conjectured hy Professor Montagu Burrows* the famous confederation of the Southern Ports may even have had its origin in the annual expedition of their fishermen to the Tarmouth waters. It appears that these fishing expeditions were made as early as Saxon times, for the earliest known charters granted to the Ports, viz., those of Kings John and Edward I., refer to privileges enjoyed in the time of Edward the Confessor. The most primitive of these privileges was that of "den and strond," i.e., the right of the fishers to use the strand and the denes (as to this day the sandy coastlands of Yarmouth are called), there to make fast their ships, dry their nets, pack the fish, or sell it. In course of time an annual fair became established on the denes, to which resorted merchants from London, Norwich, and other places, and—as an authority was necessary for the preservation of order, the administration of justice, and the imposition of fines for the infraction of law or custom—the Cinque Ports, represented by their deputed bailiffs, were constituted as that authority. In the annual fair and its requirement of temporary dwellings for fishers, salesmen, and customers, lay the inception of the town of Yarmouth; tents and booths gradually developed into the permanent habitations of settlers. Manship, of Elizabethan time, wrote in his " Greate Vermouth " : " The town began to be builded and inhabited" in the reign of Henry I., "when that sand in the sea whereupon the town of Yarmouth is builded did grow into firm land." The development of the town continued through the reigns of successive sovereigns, until its importance was recognized in its creation as a free burgh by King John in 1209. But the authority * Cinque Ports, Historio Towns Series. VOL. XXIII. M 162 THE CINQUE POETS AND GREAT YARMOUTH. of the Cinque Ports during the season of the fair, lasting for the ' six weeks between Michaelmas and Martinmas, was not displaced ; and that such recurring usurpation (as it would seem to the Corporation of Yarmouth) should have been by them submissively borne, was scarcely to have been expected of human nature. Contention between "the two authorities became a matter of annual occurrence, the Ports claiming their rights and temporary jurisdiction as stoutly and persistently as "they were resisted by the Corporation; sometimes even the quarrel.resulted in bloodshed. Modification of the ancient privileges of the Ports, and frequent concessions to the town authorities, were made with the object of promoting peace. In the reign of Henry VIII. the Ports' Bailiffs, of whom at one time there had been as many as ten, were reduced from four to two; and in the reign of Elizaheth their authority had been placed on equality with that of the Yarmouth Bailiffs. Concessions httle availed, however, so long as the hated annual visit continued to be made; this lasted until 1663, when, in consequence of the endless strife occasioned, and the decline in the status of the Cinque Ports, it was by themselves resolved " that the Yarmouth service be suspended;" nor was it afterwards resumed. I t was required of the Bailiffs on their return home to report the manner of their reception at Yarmouth, the business transacted in court, and the incidents of their journey. About forty of these reports, ranging in date from 1582 to 1639, are found in the archives of New Eomney. They are quaint and interesting records ; and having, in co-operation with my late esteemed friend Henry Bacheler "Walker, J.P., many times Mayor of New Romney, transcribed a few of them, I now present the report of 1588. "W. L. BUTTON. A TRUE RECORD of the entertainment, orders, and causes, as were preceded unto at the town of Great Yarmouth hy Mr. Thomas Lake of the town and port of Hastings, Jurat, and Mr. Henry Lennarde of the town and port of Dover, Jurat, Bailiffs of the Barons of the Cinque Ports to the town of Great Yarmouth, this year elected and commissioned during the time of the Eree Eair there, together with Mr. Austin Peirs and Mr. Bennett Cubitte, merchants, Bailiffs of Yarmouth aforesaid, this year Anno Domini 1588, Anno Regni Elizabethe nunc Regine Anglie xxxrao. Saturday, Michaelmas Eve, le xxviij"0 die Septembris, Anno supradicto. This day after we had dined at Lastocke [LowestoftJ, within vj miles of Yarmouth, we took horse, and proceeded on the BAILIEES' REPORT,. 1588, ... 16 3 rest of our journey. And drawing near towards Yarmouth Bridge there attended our coming divers sorts of poor, lame, and diseased people, who cried unto the Bailiffs of the Ports for some relief, on whom we bestowed some small pieces of money. And so riding over the bridge about ij of the clock in the afternoon, somewhat rather than our coming was expected, notwithstanding there gathered and flocked together great store of people who very friendly bade us welcome, to whom we gave thanks and pushed forward into the town along by the quay, and there took our lodging which was appointed for us at one Mr. Dametts' house, one of the xxiiij [jurats or aldermen] of the same town, where we were very courteously entertained. And having remained there about ij hours, and understood that the Bailiffs and their company were very busy in their Council House, and for that we were very desirous to have some private conference with the old and new Bailiffs as new Bailiffs only (for that the matter concerned them especially upon certain articles which would grow in question between us and them next day, if happily they were not prevented as agreed upon), we sent therefore our town clerk unto the said Bailiffs with commendations unto their worships, desiring that we might have some conference with them that night if it pleased them, for that we had matter to impart unto them from the whole Ports. "Whereuuto they condescended, and afterwards the said ij new Bailiffs, viz., Mr. Peirs and Mr. Bennett, came unto our lodging unto us and very courteously saluted us and bade us welcome, saying: We have such occasion of business this night as we should scarce have seen you until the morrow, but that you sent to impart some matter unto us. So thanking them for that courtesy we took them by the hands and placed them at a sideboard, the one at the one side and the other at the other, on the upper hand of either of us, and with great reverence used the one to the other. We said: Eor that divers abuses and discourtesies had been offered of late by the Bailiffs of Yarmouth unto the Bailiffs of the Ports, as by the relation of their success at the Brotherhood House appeared, touching the sitting under the canopy and the Queen's arms in the Churoh and at the toll-house, as heen accustomed, etc. Our meaning was therefore, said we, to impart thus much unto you from the body of the whole Ports (whose Commissioners we are in that behalf), that you may confer with your brethren and to give us your determined answers hereupon, viz.:— Eirst, that in the Church, as in the said toll-house, as we are equal with you iu real justice doing, etc., so we may like equally be placed with you in place, and that the Queen's arms might be indifferently between you and us. Secondly, that we might have the prisoners delivered' and brought before us to take view of them more solito without any fraud, as lately hath been thought to have been used heretofore, by taking the prisoners out of the prison and bestowing them at your pleasure, of purpose to derogate our liberty. Thirdly, that the morrow being Sunday and Michaelmas day, and M 2 164 THE CINQUE PORTS AND GREAT YARMOUTH. we being accustomed to make our proclamation on the Sunday after Michaelmas day, which if we should now so do before the next Sunday the fair would be half ended. Upon all which these Bailiffs promised us to confer with their brethren and to give us their determined answer next morning. And so we rising went with them to the further entry of our lodging, and the younger Bailiff, the Bailiff Bennett, inviting us unto his house next day, we gave him thanks and so departed. Sunday, xxixn0 die Septembris 1588, Michaelmas Day. Tbe same day betimes in the morning, by reason of the business that followed, Bailiff Bennett came unto us to our lodging to deliver unto us what was determined touching [our] demands. Eirst, that we should have indifferent and equal place with them under the Queen's arms both in the Church and in the toll-house. But, said he, the cloth is very scant, and we have accustomably used to have our learned steward Mr. Stubbes sit with and between us under the said Queen's arms, for that he is a very grave and wise gentleman and one they were much beholden unto, they would be loth to displace him now to make you room, and that my partner and I, saith he, should sit without them I am sure it is not your meaning, but, says he, you shall have such aud so more room under them indifferently as we have, and look, saith he, what you have had either by authority or of courtesy heretofore the like we grant you now. To whom we answered : Nay, Mr. Bailiff, that is more than we crave, for whereas heretofore we had the prenomination and prerogative of style in court, and proclamations and divers other things which we might expect and did use, by reason of heartburning and grudge thereupon, for quietness sake we were content to alter and to give you indifference with us therein. But touching the question of the place, said we, we think not well of Mr. Stubbes his sitting directly under the Queen's arms; he is no justicer in that place and therefore doth usurp the place; there are only ij chosen of you, and ij elected and commissioned of us, and we iiij are jointly to occupy that place, and therefore pray tell him if he will not give place we are not determined to take any place, but will return and make relation thereof unto our Masters of the Ports by whom we are sent. With more other speech tending thereunto we shewed what we were determined to do if he would not remove and we to have our places jointly with them under the Queen's arms on their right hand, as had been accustomed. Whereupon the said Bailiff Bennett making some doubt, as it seemed, what to answer, or some haste to inform his company what we had determined, answered us nothing to the matter, but wishing [that all] might be well, somewhat sailing took his leave, whereby we gathered that the said Mr. Stubbes was placed there by them of purpose to put us by the seat. Afterwards we went to Church, and for that we were informed that the sermon was further spent than we were aware of, we went directly into the Church, and so noj; staying for any messenger to BAILIEES' REPORT, 1588. 165 come unto us we went up unto the seats where the Bailiffs of Yarmouth and the xxiiij [jurats or aldermen] sat, where we were of some of them very courteously received until we drew near unto the place where we were wont to sit next unto the old Bailiffs. And seeing they neither offered us courtesy nor made us room, finding a void place within vj persons of the said old Bailiffs, we sat us down, and sermon being ended, as the Bailiffs passed by us we desired them, after they had finished their own business at the toll-house, to send for us, which they promised, and desired if it pleased us to accompany them thither, which for some considerations we refused, saying we would tend on them at our host his house, and so they departed leaving us in the Church. And afterwards we came to our host his house, where having stayed about ij hours, they sent for us by one of their sergeants. And at our coming to the toll-house we found both against the door in the street as also in the house a great multitude of people assembled, and having some room made for us to pass through we entered the Bar, and reverence done unto the Bailiffs of Yarmouth (then sitting accompanied with Mr, Stubbes their learned steward, who sat in the middle between them, Doctor Bishopp, and divers others the Bench full in scarlet gowns), Mr. Bailiff Lake signified the cause of our coming and proffered the commission first for the east ports to occupy the place, for that his own man could not get through the press with his, which Bailiff Peirse received, delivering it to Mr. Stubbes and he unto his under steward to be read. Which commission heing read he delivered likewise the other commission from the west ports, which in like sort received and read, Mr. Stubbes stood up and in the name of the rest told us our commissions were allowed and we heartily welcome, and so desired us to come up and take our places. But the said Bailiff Lake seeing Mr. Stubbes in the middle between the ij Bailiffs, and he together with them to occupy almost the whole place under the Queen's arms, which every year they strove for, answered that they would hardly like well of his sitting in that place, for, saith he, you sit in the midst shewing yourself to be as the chief justicer there, where in truth after our admittance you have nothing to do, and though you have been permitted by their heretofore courtesy so to do, yet you cannot compel us to condescend thereunto. Besides the incumbrance of the place, whereby we are in a manner of purpose (as we must take it) detruded, we think that the Queen's arms being there set to shew the authority of the place, there ought no person to be included within them but those that were lawfully authorized to represent the Queen's person in real justice doing, of which number you are none. To which the said Stubbes heing thus taken up, confused in himself almost what to answer for anger, at last very mildly said: It is not unknown to the Bailiffs and the rest of the masters of the town that I am by office both Justice of the Peace and Quorum, and in that respect may in some sort he seen the place. But to the matter, saith he, touching the jurisdic166 THE CINQUE PORTS AND GREAT YARMOUTH. tion of the place I answer, that yearly upon needful and necessary affairs and business for the town this day to he done, they have always a learned steward to advise and direct them ; whereunto of late years myself was chosen and am called to this place yearly by them for that purpose. Now for that the matters of the town are only handled here this day wherein I am assistance with them, your admittance only excepted, which is also an authority in them likewise, and you of no authority as yet until either your proclamation made or some act in court dono, I see not, saith be, but I may by their leave sit here as yet without your controlment. But notwithstanding if it shall please them who placed me here so likewise now to displace me again, I am very well content; if not, saith he, in truth I am and will sit here. Whereunto Mr. Bailiff Lake replied again, and asked him if after the time he spake of he would give them place; be answered he would not be tied to our wills, hut still harped, upon this string, if he were displaced thence by those by whom he was placed there he was contented. Then, said Bailiff Lake, if that be it you stand upon let that be a question among the masters here whether you shall sit there or no, that I may be resolved whether you do it of your own authority or by their appointment, that I may know of whom to complain. And so after much speech thereupon, having no other answer from him, and requested again to take our places, for that we would see what room they would make us, we went up, and they made us no more room than that one of us might scarcely sit under the cloth of the Queen's arms. Which we perceiving refused to sit down at all, first challenging, by authority of the King's dyte and the compositions between them of Yarmouth and us of the Ports, our accustomed places, which they denied us, saying: Will you both sit on the upper hand of us ? We answered we accustomably used so to do, and for that the prenomination and style in court belonged unto us now this year we ought to have it. And further said that long since we had taken a corporal oath to maintain to our power the liberties and free customs of the Ports, and especially being now a special matter of charge in our commission, we told them plain if we might not sit as we were wonted to sit we willed them deliver us our commissions again and we would depart, for we neither would nor could agree to the contrary. They answered us touching our commissions, if we would take them again out of the court we might, but they would deliver none unto us, and further, if we were so willing to be gone God speed us well. And so, with many other speeches more troublesome than necessary, we departed without naming our officers or taking view of the prisoners as had been accustomed. And coming along unto our host his house, Bailiff Bennett, the young Bailiff, who the night before had invited us to dinner, sent his sergeant unto us to pray us to dine with him, but Bailiff Lake somewhat grieved at the discourtesy had been offered them made this answer : That they had given him such sharp sauce as he had no stomach to digest their meat. I must be plain, saith BAILIEES' REPORT, 1588. 167 he, and so tell him. Afterwards there came another sergeant with the like message, and debating upon the matter, lest they should think us too obstinate, we returned thanks unto his master, craving pardon for our forepassed message, we would come, and so went thither to dinner. And after dinner went with them to the sermon again in the afternoon, when we took our places on the one side of the Queen's arms under part of them. And sermon ended we walked and talked very familiarly together, and were bid that night unto Mr. Bailiff Peirs his house to sup, where we supped, et eodem die porro nihil. Monday, Ultimo die Septembris 1588. Memorandum that this morning we were sent for by the Bailiffs to eome unto them at the toll-house, and at our coming' we went up unto the seat where we found the ij Bailiffs of Yarmouth sitting with the Queen's arms wholly between them two, Mr. Stubbes being not there, and they desired us to sit us down, leaving only a small place for Bailiff Lake on the right hand under the cloth of the Queen's arms, under which he could scarce sit, and no room at all for Bailiff Lennarde. To whom Bailiff Lake answered: I could think well to sit here with you as in joint authority, so I think you leave us not sufficient room whereby the common sort may perceive the same. Then Bailiff Bennett answered: You have as much place offered you as your predecessors have had before you, and more you get not. And further said: What Mr. Bailiff Lake you take too much upon you, you come rather to wrangle than otherwise, for yesterday you presumed to thrust before me from Church, which was more than you ought to do, and more than I will suffer hereafter. To which Bailiff Lake answered: Eirst, saith he, what my predecessors have had and agreed unto of late by constrainment shall be no precedent for me; if they have neglected to maintain our custom and keep their place they have done us injury, I mean the whole Ports in whose names they were commissionate to the contrary, and given way unto your wills to make this question now thereupon And so we now, taking the advice of our learned counsel thereupon, with the consent of the whole Ports, are directed thus to do, to take our former places, and further we will not go, and less we will not have. Secondly, said Bailiff Lake, in that you call me wrangler for challenging our own right, I am sorry my Masters of the Ports had no better judgment than to send a wrangler unto you. And is all my travel and service done to my great costs to make this quietness that so long hath continued between you and us, now for challenging but our wonted place termed wrangling, well ?—etc. Thirdly, saith he, touching my thrusting before you from Church, in truth you do me wrong, for I offered no such disorder in thrusting, but for my going before you I answer, that having this year the prenomination in court, my authority is greater than yours, and so may well take place of yours. Besides that, saith he, as for you Mr. Bailiff the younger, you sit here with us but of courtesy by our late composition, aud if we should go to the words of the edict we are to take no knowledge of 168 THE CINQUE PORTS AND GREAT YARMOUTH. you nor your authority, for we are sent here to a Provost Bailiff, and not to Bailiffs or Provosts, and yet the more courtesy we offer you by our compositions, the more you encroach and seem to cavil with us. To which he answered that they had no Provost, and that he was as old a Bailiff as I, and that they were now incorporate by name of Bailiffs, and that the one had no more authority than the other, but were joint. Bailiff Lake answered that were strange that the King should grant an edict and not know the officers of the place, and direct us to a Provost and there no Provost. But letting pass the name, I think, saith he, you doubt whether the King could make any such grant of edict. One of them within the bar answered, they doubted not of that. Then there is no more to doubt, saith he, but whether he hath granted any such or no, which if you doubt you shall see it here under the great seal—and so shewed it forth. And afterwards, urging still the words of edict, told them that the edict being of greater antiquity and authority than their corporation (the one granted many years ago from King to Kings of this Realm, and confirmed by Her Majesty that now is Queen of the Realm, and their corporation but of late determined and agreed upon), that of courtesy for quietness sake we had yielded to the contrary, the edict being before and above their corporation, we were to take knowledge but of one Provost. Whereupon there grew some speech and question amongst them, and in the end it was answered by their under steward that the words of the edict were not so, but as he remembered we were directed thereby to the Provosts or Prepositis in the plural number. To answer them thereunto Bailiff Lake referred them to the said edict which they received, and making little accompt of, refused to read unto the place, and said they could not find it. Oh, quoth Bailiff Lake, you find something there I perceive you like not very well of, and so you will not read it. And so after much speech thereupon used, the elder Bailiff, Bailiff Peirce, said unto us: My masters, saith he, leaving all these speeches, what is it you require ? Bailiff Lake answered: Our request, saith he, is myself to sit and have the Queen's arms indifferently between you and me, and your and my partner to sit at other side of us as near as they can under the cloth; this is our request, and this we are commissionate to challenge by the consent of the whole Ports, according to our custom. Then the younger Bailiff asked if we would thrust them out of their places, and they sat there before we came, and would keep their places. Bailiff Lake answered: No, I will not thrust you out of your places, saith he, but require our places equal with yours, and there is difference between thrusting and requesting. And further, saith he, if you would have me sit more than indifferently among you I would not. They answered again the Bailiffs both and the rest of the Bench, that they knew of no such customary place as we spoke of, that we should sit otherwise than was proffered us. Then said we: We do as may appear by the records of others which we have of their proceedings from time to BAIMEES* REPORT, 1588. 16 9 time in this place; and myself also, quoth Bailiff Lake, our Bailiffs hith erhef ore can testify the same, which if they would not grant unto us now we durst not except [accept] of the contrary, but would depart and make relations unto the Ports thereof. They answered we might depart if we would, and more room they would not make us. And as we were ready to go our way Mr. Eacher, one of the counsel of the town, stood up and said: Mr. Lake, I am sure you are not ignorant that you are commissionate hither by the Ports for this service now to be done, which by you heing left undone you stand in danger of loss of all your liberties by express words in the edict. To whom Bailiff Lake answered: Mr. Eacher, I can ensure you, saith he, that is not so; for if our liberties stood upon it I would rather suffer stripes than I will give any occasion to make any little breach of them, for our ancient Charter and Customs of the Ports cannot be taken away from us but for high treason. But if you mean this liberty of holding the Free Pair, in truth we had rather lose it in challenging our rights than enjoy it with such disquiet and disgrace. And for ourselves, said he, we receive no profit by it, and therefore may very well be without it, for our people of the Ports by their great Charter shall be still free of stran and den, of buying and selling, and of sending their withernam* for wrong done notwithstanding. Then one Mr. Drewrye, sitting on the Bench with his cap on his head, controlling us with other words than might beseem him, which I remember not, being as we were ready to depart, was answered by Bailiff Lake that he was not to direct any speech unto him, but to the Bailiffs, and therefore he might hold his peace. He told him again he was not in his place of justice, and therefore he might say as much. Bailiff Lake replied: Then belike, saith he, I have no authority except I have my place, which you deny me, and then in truth with like reason you may deny me my authority. With other words to that purpose, craving our commissions again, as the day before, which they would not give us, we so departed. Eodem die. The same day in the afternoon the Bailiffs of Yarmouth sent Mr. Eacher and one other to signify unto us that there was a prisoner taken upon suspicion of felony, and desired our company to have him examined ; we answered that our officers were not named, nor ourselves excepted [accepted] as we thought. Eor that we were not admitted to our places as yet, we would not meddle or deal in any matters, but would depart and certify what discourtesy had been offered us in prejudice of our accustomed liberty and contempt of our commissions where they must answer it; with many other words pro et contra between us and them to that purpose, and with this answer they departed. And we determining indeed the next day to ride to Lastocke [Lowestoft], as though we would have ridden home again, as we told them we were so commissionate to do by the consent of the whole Ports if they denied us (as they had Mr. Manwoode the last year) our places that of * "Warrant for recovery of compensation or fine. 170 THE CINQUE PORTS AND "GREAT YARMOUTH. right belonged unto us, and there to stay some time, and so return again, which we might very well do without prejudice of our liberties, for that we could not make our proclamations for the T^ree Pair until the Sunday following. But this we devised to do of purpose to put it to the uttermost plunge, to see it' their stomachs were so great they would lose rather the benefit of the Eree Pair, which towards them was very great, and which they could not hold without us, and would let us go. Tuesday, Primo die Octobris 1588. This day in the morning they sent again unto us to know the cause why we did so estrange aud withdraw ourselves from them now in this service for the Eree Eair, and to know what discourtesy had been offered us, or if any thing we found ourselves aggrieved more than for the places. Bailiff Lake answered, Yea. 1. Eirst for the place, and besides the right we have to it. The Bailiffs themselves, saith he, promised we should have so much seat with them under the. Queen's arms as any our predecessors have had, which they now deny us, and which we find both in ancient and' latter records within these iiij' [400] years thus described unto us : the Provost or Head Bailiff of Yarmouth, together with the Bailiffs of the more ancient towns of the ij of the Ports, indifferently to sit under the Queen's arms, and their partners close on either side of them as might appear hy the same records. 2. Secondly, for that they had strangers at our entrance into the toll-house on the Bench a Sunday before our admittance to control us, namely, Doctor Bushopp and others. 3. Thirdly, for that on Sunday the younger Bailiff coming out of the Church seemed to pull me back going out after the elder Bailiff and before him. 4. Lastly, for that he called me yesterday wrangler in the open hall. To which they answered : Is this all ? And so stayed awhile, and then began again to tell us their message further was that if the place were the chiefest matter they were willed to signify unto us, that the Bailiffs would yield unto us rather in that, and give us more room than any our predecessors before time had had, than to grow in question for it and be an occasion perchance of great charge both to the Ports aud them, and wished to continue in amity and friendship as they had done heretofore. We answered : That is our desire, and would be sorry of the contrary, and sorry in heart that this great controversy must happen in our time. And with this answer they departed asking us that if it pleased the Bailiffs to send for us if we would come unto them ; and we answered we would with all our hearts, and so booted and spurred as we were we caused our horses to be made ready to give more show of our departure. Eodem die. After dinner they sent again their sergeant unto us to signify that there were matters to be handled at the toll-house at afternoon concerning the Eree Eair, where they desired us to be BAILIEES' REPORT, 1588. 171 present. We answered: That is strange they will send for us to that end, knowing that we have neither officers yet allowed us nor place given us to execute our authority; but if they would have us come unto them we would. The messenger departed to deliver them our answer, and we followed immediately after to the toll-house. At our coming the Bailiffs were gone unto their mount [«*