( 28& )
THE MUNICIPAL RECORDS OE
TENTERDEN.
PAET I.
BY A. H. TAYLOR.
THE Borough of Tenterden—the only corporate town in the
Weald of Kent—is situated eighteen miles south-east of
Maidstone and ten miles north of Eye. It may be said
to have derived its importance as such owing to the fact
that it was in the fifteenth century called in to the aid and
help of Eye, that port having been selected by the King's
enemies as the object of many violent attacks and burnings,
insomuch that the town being in great decay and ruin,
Henry VI., by Letters Patent issued under the Privy Seal,
decreed that Tenterden should be separated from being one
of the " Seven Hundreds " in the Weald, and united to the
most ancient town of Eye, and so annexed to the Cinque
Ports under the title of "Bailiff and Commonalty of the
Town and Hundred of Tenterden," to be a body corporate
of themselves, and to have perpetual corporate succession
with power to elect a bailiff on the day of the decollation of
St. John the Baptist, being the 29th of August, for
ever, etc. This is the earliest date of incorporation of the
town that I have met with, although Kilburne* states that
before the time of this charter it was incorporated by the
name of " Barons of the Town and Hundred of Tenterden."
These Letters Patent were issued at Winchester, 1st August,
* Topographic of Kent (1659), p. 2?0.
2 8 4 THE MUNICIPAL RECORDS OF TENTERDE^.
27 Hen. VI., 1449, and were confirmed* by Edward IV. in
the third year of his reign—at Westminster, 24 June 1463—
" For forty shillings paid into the hanaper." By this
charter Tenterden was governed until the 42nd year of
Queen Elizabeth, although, as the town increased in
prosperity and importance during that Queen's reign, efforts
appear to have been made to obtain a new charter and to
raise the status of the Corporation. This is confirmed by a
note found in the Eye Corporation MSS. under the date
1589. The Mayor of that town, Henry Gaymer, being in
London on business, he heard " news," and accordingly
wrote home to the Deputy Mayor, William Tolken, that
"Tenterden is taking a new charter, how far we may be
prejudiced therein I pray you think upon and send me your
minds." Nothing, however, appears to have been decided
definitely till 1600, when Queen Elizabeth granted a new
charter "at the humble supplication of the now Bayliffe
and Commons of the Town and Hundred," which changed
the style of the Corporation to that of "Mayor, Juratts
and Commons of the Town and Hundred of Tenterden." In
this charter the then bailiff, John Hales, Esq., was
appointed to continue in office as the first mayor, and
twelve jurats were appointed by name, nine of whom
succeeded and served as mayor in the order in which they
are named. This charter was dated at Westminster the
16th day of August in the two and fortieth year of Q. Eliz.,
1600, and from the records of the proceedings at the
* It would appear that there was some uncertainty as to bringing into
operation the charter of Henry VI., the following items being recorded in
the Rye Chamberlains' Acoounts :—
A.D. 1449. Paid the expenses of the Common Clerk to go to
Tenterden to tell them that one of us and of them should
go to London to labour for the saving of the franchise of
Tenterden vjd.
Paid for three felt caps (caleptris) given to Younge of Bristow
and to Lacon and Elara that they might the sooner be friends to
us and to the franchise of Tenterden ij" vjd.
1451. Paid for a stook of fish for Richard Witherton, Lieutenant
of Dover, to be a good man to us in the matter of Tenterden, by
John Tregoos iij".
(Royal Commission on Hist. MSS., 5th report, 1876.)
THE MUNICIPAL RECORDS OF TENTERDEN. 285
Common Hall held on the 29th August yearly, it was
handed to the newly-elected mayor to be kept in his
custody. Whether it was so kept in 1661 is open to
question, for in that year, on the 19th March, the Court
Hall was burnt down and the charter and other records were
destroyed. This was a loss to the' town of the day, and
a greater loss to posterity, for there is no doubt that much
interesting material thereby perished which would have been
of great service in compiling a history of the town. The
destruction of the charter appears to have placed the
Corporation occasionally in an awkward position, for as in
these days, so in times gone by, there were those who
delighted in litigation, and one Eobert Gibbon of Beckley,
co. Sussex, was one of these, judging by his numerous
actions against the Corporation. Eventually, in 1664, it
became necessary to take some steps to get the charter
exemplified "for the better enabling us to make our defence
at the trial of Eobert Gibbon his action against this
Corporation in the Court at Faversham," but the efforts
made and the furnishing of moneys by the Chamberlain do
not appear to have succeeded, and it was not till 1700 that
William TIL, in the twelfth year of his reign, granted the
exemplification of Elizabeth's charter.
To go back a few years, it should be mentioned that, on
Tenterden being constituted a member of the Cinque Ports,
it became naturally a necessity to have some agreement in
black aud white so that both head port and member should
know exactly their position and the privileges which
Tenterden was to share, as well as the pains and penalties.
Accordingly an elaborate agreement was drawn up in 1493,
termed the "Composition between Eye and Tenterden," in
which the articles agreed upon were set forth at length.
This occupies ten pages in the oldest record book in the
possession of the Corporation, and a recital in these pages,
although perhaps interesting, would be tedious owing to the
numerous legal repetitions, etc. It will therefore suffice to
give a few of the more important clauses, and the whole
may be seen in Jeake's Charters of the Cinque Ports. The
286 THE MUNICIPAL RECORDS OF TENTERDEN.
composition notwithstanding, as time rolled on, many
questions and debates for and against the annual payments
and contributions arose, and in 1655 especially this was the
case. Among a bundle of detached documents and papers
is the actual letter addressed by the Mayor of Eye to his
brother of Tenterden attempting a settlement of the dispute;
this will be given further on.
Having thus given a brief outline of the principal
matters of historical interest, I will endeavour to give
some account of the records which still exist. The
principal MS. volume at present in the possession of
the Corporation is an old record book, which was apparently
commenced, and a great part written, in the time of
Q. Mary during the years that Stephen Cowper was
bailiff, 1557-58, as his name occurs in many instances in
which the draft of an ordinance or decree is given. It is
unfortunately in a tattered and mutilated condition, the
leather binding being torn, and many leaves have been
wantonly abstracted; it has also been rebound on some remote
occasion and many of the leaves cut rather closely. This,
however, was done at some period prior to the year 1842, as
the book was carefully examined in that year by Mr. William
Grisbrook, Mayor in 1842-3, and his notes shew that the
missing leaves had been abstracted before that date. Some
of the earliest entries are very finely illuminated, and include
the Arms of England and France, Tudor roses, crowns,
human faces, and ornamental details drawn by the pen of a
skilful and clever artist. It commences with the fragment
of an index having reference to folios xiiii to lvii. The first
nine folios (eighteen pages) are filled with the copy of a charter
to the Cinque Ports granted by Ed ward IV., commencing:—
"Eddvvarde, be the grace of god kinge of Englondeand Lorde
of Irelonde. Unto all and singuler Admiralls, etc., and unto all
other oure Ministers and subiects whatsoever they be as well w'in
or liberties as without, greatinge, etc.
Wittenesseth oure selfe at Westemester the xxxju
daye of
Marche, anno primo," (1461)
THE MUNICIPAL RECOBDS OF TEKTEBDEN. 287
Folios x, xi, xii are torn out. Folios xiij to xvja contain
the first charter granted to Tenterden, beginning thus:—
" Henrye by the grace of god kinge of Bnglonde and ffraunee :
and lorde of Irelonde to all and singuler unto whome theis oure
l'res shall come, greatinge:—
to th'enhabitans & tennents resident & not resident, and unto
th'other resident in the towne and hundred of Tenterden in the
Countie of Kente, that from the feaste of seinte John the baptiste
nexte cominge, thafforsayde towne and hundred of Tenterden be of
one Bayley and Bayleywicke and Com'inaltie of the same Towne
and hundred of Tenterden for euer, and corporat for euer.
In wittenesse whereof we haue caused theis oure l'res to be
made patteut, wittenesse oure selfe at Westmester* the firste daye
of Auguste in the xxvii yere of our Eeigne."
At folio xvij commences the " Composition," but the
copyist has used nearly the whole page to form the initial
letter 2T:—
" This indenture made the xxi daye of the moneth of September
in the eighte yere of the Eeigne of Kinge Henrye the seaven after
the conquest of Englonde. BETWENE Henry Swane of the Forte
and Towne of Eie, Mayo1', and the Commons of the same Towne of
th'one pertye. And Hugh Parker, Bayleye of the Towne and
hundred of Tenterden and the Commons of the same Towne and
hundred of th'other ptye. WII'TENESSITH, etc.
That is to sajr
e yf or as often when o1' soverayne lorde the
Kinge of Englonde shalbe disposed to passe over the seas . . . . that
then the Maio1' and Commons of the seide Porte and Towne of Eie
shall within three dayes next after the receipte of the same (writ)
wryte unto the seid Bayley and Commons of the Towne and
Hundred of Tenterden. And the seid Bayley and Commons shall
and oughte to prepare and fynde one shipp and men in the same
shipp accordinge unto the number afforsayd of their owne proper
costes and charges and expenses . . . ."
* This is "a mistake of the copyist. It should be Winchester. See also
Cal. Pat. Bolls, Heu. VI., 1446—52, p. 276.
288 THE MUNICIPAL RECORDS OE TENTERDEN.
At fol. xxij is the conclusion :—
In wittenesse whereof to one pte of theis Indentures remayninge
with th'afforseid Maio1' and Commons of the Porte and Towne
of Eie, th'afforsaid Bayley and Commons of the Towne and
Hundred of Tenterden afforsayd have sette their common Seale.
And unto th'other p'te of tbeis Indentures reuiayninge with the
seid Bayley and Commons of the Towne and Hundred of Tenterden,
th'afforsaide Maio1 ' and Commons of th'afforseid porte & Towne of
Eie have putte their common Seale. Geaven at Eye the daye and
yere above wrytten.
Fol. xxiija
is filled with decorative work and this
heading:—
Here followeth the liberties & frainchises & also the coustomes &
usages of the five Portes in the seid period of tyme whereof no mynde
remayneth, used, ratiefied, confirmed, and graunted to the Bayleue
& Comminaltie of the Towne and Hundred of Tenterden, and. by
oure soueraine Lorde the Kinge Henrye the sixte at Westmester,
the firste daye of Auguste in the xxvii yere of his reigne as bi his
l'res pattens thereof by him made playnelye appeareth.
Folios xxiiij to lvi contain the decrees and ordinances, of
which the following is the commencement:—
Firste by the seide ires they haue graunted emonge other
liberties and fraynchices to the Indwellers and Househoulders
residentes & their heiers and successors in the Towne and hundred
of Tenterden dwellinge euery yere in the daye of the decollacon of
seinte John the Baptiste maye chose of themselues one able and
sufficient person within the seide Fraincheise dwelling euery yere
for to be Bayley of the seide Towne & hundred for the gouernaunce
and safegarde of the same which Baylei so chosen hath power
for to hould a courte before bimselfe or his sufficient Deputie
within the seide Towne & Hundred of Tenterden . . . .
Fol. xxiva. Electiou daye.
. . . . the seide Barons of Tenterden by vertue of the same
graunte have used for to make the eleccon of thei1' Bayley after
the usages and coustoumes in other places of the five portes of
time whereof no minde remayneth used in the mafier folowenge.
That is, on the Sondaye nexte before the daye of eleccon of the
seide Baylei, proclamacon by the Common Sergiaunte in the
THE MUNICIPAL RECORDS OF TENTERDEN. 289
churche yearde of the seide Towne betwene mattens and masse
of the same daye shalbe made to all the cofnons freemen resiante's
of the seide Towne & Hundred. Then shall assemble at the seide
daye of elleccon at the nienth hower before none for to make theire
eleccon of the seide Baylei for the good governance of the
fraynchices of the same Towne and Hundred . . . .
Fol. xxv. The othe of the Bayley:—
I, Stephen Cowper, Bayley chosen, shalbe faithfull and trewe
to the Kinge of Englande and to his heires Kinges of this lande,
and trulye kepe the peace and ma'ntayne the fraynchise coustomes
and usages of the five Portes graunted to this Towne and
Hundreth of Tenterden. And equall righte and Justice do to
riche and power, as god me helpe and all sayntes, and kyse
the booke.
Fol. xxviii. Fines uppon Jurats and Com'ons that comythe not
to the Baylei by summoninge.
Fol. xxxiiij. Of a man founde deade.
Fol. xxxv. " The Frecept " for holding an inquest:—
Stephen Cowper, bayley of the Libertie Towne & hundred of
Tenterden, and Cfoner of our soueraine lorde the Kinge within the
seide Towne and hundreth beinge of the libertyes of the fiue
Portes; to Robert Ruddoll his Sergiaunte to the masee (sic) within the
same Libertie sendeth greatinge. la the behalfe of oure soueraine
lorde the Kinge I straightlye commaunde and iniune* the, that
thou doest cause to come and appeare before me this present
Mondaye at Bursile.t eightine good and lawfull men of the
boroughe of Casteweasell,t by whome the trewth best maye be
knowne and enquired uppon diuerse artikles towechinge & concerninge
our Souerayne lorde the Kinge. And furthermore receaue
& do that which in the behalfe of oure soueraine lorde the
Kinge to them there than sbalbe enioyned and that there y° haue
the names of them y4 be sommoned and this precept also. G-even
at Tenterden.
The artist, in drawing the initial letter for the foregoing
precept, has embellished the " S " with three forms of
* A note in the margin reads: Iniune standeth for oharge.
t The Hundred of Tenterden is divided into six " boroughs": Town,
Boresile, Castweasle, Shruboote, Reading, and Dumborne.
VOL, XXXII. U
290 THE MUNICIPAL RECORDS OF TENTERDEN.
violent death, for which an inquest would undoubtedly be
necessary. One figure in an upright position has a sword
thrust upwards and through his body, the point appearing
above the right shoulder; another lies at his feet pierced
with arrows; while the third is in a recumbent position
with the head lying at a different angle some distance
from the body.
Fol. xlvi. The abjuracion of a fellon :—
" Christopher W. Hosier the xxlh daye of Julye in the ij yere
of the reigne of King H. did flye to ye Churche of Seint Mildred
for the defence of th'afforseide churche for felony. And desiereth
ye Coron1 ', and uppo this S. C. Baylei and Coron1' of o1' Soueraine
lorde yc Kinge in yis parte went to y° aforeseide place before
whome at the day and place aforesayde he knowleged himselfe
to be a fellon of o1' Soueraine lorde the Kinge and confesseth that
on Sondaye beinge the fouerthe day of June in the yere aforeseide
he feloniouslye stole one horse of the price of xxxs of Thomas
Gerveis of Tenterden af oreseid. And he asked accordinge unto ye
lawe & coustome of this Eealme of Englond y' from ye accon
he may be deliv'ed. And uppo this he was led to the Churche
gates before ye same Coron1' at yc daye af oreseid & forswore the
Eealme of Englond which Coron1' appointed him his porte for
passage at Dover."
Fol. xlv describes the manner in which "fleers to the
Churche for felonye " were to make their abjuration:—
And at the eande of fourtie dayes he shalbe leade to the
Churche gate of the churche yearde withe a crosse of woode in his
hondes, discharged and stripped, and his heade bare, and for to go
in his cote yf he have enny . . . .
Folios lvii to lixa contain the decrees, a set of bye-laws
founded on the Customal of the town under the following
heading :*—
Memoranda that the fouerth daye of Maye, in the sixte yere of
ye reigne of Kinge Edwarde the sixte, etc. Will'am Gerueis
baylei of the Towne and Hundred of Tenterden . . . . Jurats
free men and comminers of the seide Towne and hundred . . . . did
A photograph of this page is here given,
THE MUNICIPAL RECORDS OE TENTERDEN. 291
assemble and come together in the MOTE HALLE at Tenterden
afforsayde for the reformacon of certayne articles and poyntes
conteyned in the Custimall of the seide Towne to be reformed and
amended for a good uniforme order and rule from henseforthe to
be had and used w'in the seide Towne and Hundred
One of the articles of the Customal thus amended or
reformed follows:—
Fol. lxi. The Assise of breade :—
Also it used to haue Assise of breade within the ffraunchis;
and when it shall liste and please ye Bayley for to waye the breade
he shall sende his two sergiaunts of the ffraunchis to theire
howses for to featche their breade : the which sergiaunts oughte to
entre and take a breade of euery inan'er of breade, and that
shall beare to the baylei or to his deputie into the courte haule,
and the bakers shoude be warned to followe for theire breade.
And fouer or two men at the leaste shoulde be warned for to be at
the Courte haule for to present the assise of the breade. And he
that is somned, come not he shalbe amearsed sixe pence. And
when the bayley or his deputie w4 two of the Jurats be come in the
Courte he shall charge them that were sofhned for to make
the presentment; and for to go lekewise to gether aud by the othe
that thei haue made for to certifie the Courte of the greatest price,
and the middell price, and the lesse price of the sale of the Cornes
at the laste daye of the markett. And when they haue satisfied the
Courte the bread shalbe wayed by the middell price, after the
assise of the statute thereof made and that bi one true balance.
And yf the breade of him that is a freman and resciant way lesse
then the assise by two shillings, be he amersed twelue pence,
and his breade forfet. And the seconde time be he amersed two
shillinges and his breade forfet, and at the thrid time he shall
be amersed three shillinges"and his breade forfett. And yf he be
no freman be he euerie time amersed doble. And yf eny baker be
f autie more then three times he shall make a fine with the bayley at
his discression or his oven shalbe drawne downe and he shall
forswere the crafte for a yere and a daye.*
* The Customals of some of the Cinque Ports towns are given in Lyon's
History of Dover, vol. ii., but in only one instance, the Customal of Romney,
p. 337, is the assize of bread mentioned, and it would be interesting to compare
the two ordinances.
V 2
292 THE MUNICIPAL RECORDS OF TENTERDEN.
Fol. lxv has another quaint ordinance, " The Courte of
Pepouders," followed by " Of plees Eeall . . . -and matters of
nouell desseyson . . . ." to fol. 67, when folios 68 to 74 have
been cut out. At fol. 75 commence new ordinances and
constitutions as follows :—
Villa et hundred de Tenterden in Comitat' Kance.
Ordinances and Constitutions for the better gouer'ment of the
said Towne and hundred and the Inhabitants there, made by the
Mayor, Jurats and Cofnunaltie of the sayde Towne and hundred as
namelie : Anthony Whetenhall, gent. Maior (nine jurats and fortynine
commoners named) all beinge freemen of the sayde Towne
and Hundred. At an assemblie the ffourteenth day of July in the
Three and fortieth yeare of the Eeigne of our most gratyous
Souereigne Lady Elizabeth the Queene's MatIe that now is (whom
God longe preserue) beinge therunto aucthorised by her. MatlM
letters patents of new incorporation; Dated the sixteenth day
of August in the Two and fortith yeare of her highnes reigne
as ensueth . . . .
The oaths to be taken by each member of the Corporation
are set forth in detail : the Mayor; John Tylden, Jurat;
William Curtis, Justice of Peace; Humphery Wightwicke,
Towne Clerk; Thomas Hatch, Chamb'len; Peter Glover,
the first Serjant; Amos Collyer, the 2 Serjant; Freeman,
Borsholder, etc.
Fol. 89. A further set of new ordinances* was enacted
on the 30th March, 16 Jac. I., 1618, the second of which
reads thus:—
Item itt is decreed and ordayned, That whereas all the Jurats of
the said Towne and hundred are Justices of peace by the Charter
of the Kinge's Matie that now is bearinge date at Westme'ster the
thirtyth day of January in the second yeare of his highnes' Eaigne
of England, that every of the now Jurates as also every other
Jurate hereafter to be elected shall for the better execucon of his
Office of Justice of Peace take such an Oathe as followeth : And if
any of them shall refuse to take the same; That then hee shall
forfayte to the Maior, Juratts, & Co'ialty of the saide Towne &
* See photograph facing this page.
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(i) Jb/. 57. EEVISIOS OF THE CUSTOMAL. 1552.
THE MUNICIPAL RECORDS OF TENTERDEN. 2913
hundred the some of twenty pounds- to be levied also in such
manner as other penalties and forfaytures are by former
Constitucons appointed to bee levied, the tenor of wo1' oath is as
insueth, viz
Fol. 90 has only one item complete, three-quarters of
the page baring' been cut out, likewise folios 91 to 95.
Folios 96 to 112 are rilled with a copy of the Charter
granted by Queen Elizabeth.
Fol. 113" contains an interesting resolution passed at
the Court Hall shewing an early desire to preserve carefully
the records of the town:—
Att an assembly att the Corte Hall of the Maior, Juratts, and
Corhons of the Towne & Hundred of Tenterden aforesaid, the
xxixth day of August, In the second yeare of the reigne of our
Sov'eigne Lord James, By the grace of G-od, of England, ffrance
and Irelande Kinge, defender of the ffaieth, And in the xxxviij*11
yeare of his Maties reigne of Scotland, 1604.
I t t is att this assembly decreed and ordered that all the
Records and munimta of the Towne & hundred of Tenterden shalbe
p'sently removed and laid in the presse p'vided for that purpose;
Except ye Charters and customall which shall remayne in the
custody of the Maior for the time being. And except all such
Books and Eecords which the Towne Clerke for the time being
shall dailie use or have use of. And the fowre keyes of the said
presse shalbe kept in mann1 ' and forme following (vizt) : the firste
key by the Maior for the time being, the second key by suche
Jurate as shalbe the succeeding Maior, the thirde key by the
Towne Clerke, And the 4th key by the Chamberlayne for the time
being. And that it shall and may be lawfull for ev'ry ffreeman of
this Towne and hundred, ev'y colt day holden in the after noone of
the same day, the Covt being ended, to goe and see ev'y Eeccord,
decree, or other matter whatsoever wch shall concerne himselfe
freely. And everie stranger therefore to pay his ordinary ffee
to the Towne Clerke.
Fol. 115" being left blank, a later hand has inserted
" The names of the Maior, Juratts & Corhons of the Towne
and Hundred of Tenterden, August 29th, 1655."
!J94 THE taHNIClPAl/ RECORDS OP TENTERDEN.
Fol. 116 commences a list* of the Freemen of Tenterden
from the 20th Hen. VIII., 1529. 124 names are given,
twenty of which have the word " Bayleff " added to their
names, signifying that they had "passed the chair." This list
contains many well-known names in the history of the town,
including John Lomas, who was one of the Marian Martyrs,
suffering for his faith at Canterbury, 31 Jan. 1556. The list,
which is signed " per me Eichardu Homan "—probably the
then Town Clerk—ends at the year 1558, Stephen Cowper,
the last one shewn as a " Bayleff," then holding office.
Folios 118 to 131 are filled with decrees and ordinances
of various dates, some bearing date 4 November, 6 Jas. I.,
1608, are made "wt h the consent of the right hoble Henry,
Barle of Northampton, Baron of Marnehill, then and nowe
Lord Warden of the Ciuqz Po'ts."
At fol. 132 is the copy of a letter addressed "To the
right wor11 our very loving Brethren Combarons & ffriends,
the Maior & Juratts of Tenterden," ending on fol. 133,
"And even soe wee leave you to the p'tection of th'almighty.
Dated at Eie aforesaid under the Seale of office of
Maiorallty there, the firste day of ffebruary In the yeare of
the reigne of our Sov'eigne Lord Charles, Kinge of England,
Scotland, ffranee and Ireland, defendor of the ffaieth, the
sixte, 1630.
Yor very loving Brethren, Combarons, and
ffriends the Maior and Juratts of Eie."
Folios 134 and 135 have bye-laws made at a " Corte " or
" Assembly " held on 21st December 1632, but the action of
the ink has rendered many words illegible, the paper being
completely eaten away.
Folios 136 and 140 each contain the names of the
bailiffs from 1449 onwards. The list on fol. 140 is the
oldest, and was made out in 1558, the names up to that year
being in the same handwriting, after which they were
entered in various hands from time to time. In 1632, the
pages beginning to get somewhat dilapidated, a new list was
* See photograph facing page 290.
CORPORATION
'•^T>r ' . .^jNrn
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Extracts from the Letter-Book of a Dover Merchant, 1737-1741
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