The state of the shipping of the Cinque ports from Edward the Confessour and William the Conquerour, and so downe to Edward the first, faithfully gathered by the learned Gentleman M. William Lambert in his Perambulation of Kent, out of the most ancient Records of England.
[Sidenote: The antiquity of the Ports. 1070.] I finde in the booke of the generall suruey of the Realme, which William the Conquerour caused to bee made in the fourth yeere of his reigne, and to be called Domesday, because (as Matthew Parise saith) it spared no man but iudged all men indifferently, as the Lord in that great day wil do, that Douer, Sandwich, and Rumney, were in the time of K. Edward the Confessour discharged almost of all maner of imposicions and burdens (which other townes did beare) in consideration of such seruice to bee done by them vpon the sea, as in their special titles shall hereafter appeare.
Whereupon, although I might ground reasonable coniecture, that the immunitie of the hauen Townes (which we nowe call by a certaine number, the Cinque Ports) might take their beginning from the same Edward: yet for as much as I read in the Chartre of K. Edward the first after the conquest (which is reported in our booke of Entries) A recitall of the graunts of sundry kings to the Fiue Ports, the same reaching no higher then to William the Conquerour, I will leaue my coniecture, and leane to his Chartre: contenting my selfe to yeelde to the Conquerour, the thankes of other mens benefits, seeing those which were benefited, were wisely contented (as the case then stood) to like better of his confirmation (or second gift) then of K. Edwards first graunt, and endowment.
And to the ende that I may proceed in some maner of array, I will first shewe, which Townes were at the beginning taken for the Fiue Ports, and what others be now reputed in the same number: secondly, what seruice they ought, and did in times passed: and lastly, what priuiledges they haue therefore, and by what persons they haue bene gouerned.
If I should iudge by the common, and rude verse,
Douer, Sandwicus, Ry, Rum, Frigmare ventus,
[Sidenote: Which be the Fiue Ports.]
I must say that Douer, Sandwich, Rie, Rumney, and Winchelsey, (for that is, Frigmare ventus) be the Fiue Ports: Againe, if I should be ruled by the Rolle which reciteth the Ports that send Barons to the Parliament, I must then adde to these, Hastings and Hyde, for they also haue their Barons as well as the other and so should I not onely, not shew which were the first Fiue, but also (by addition of two others) increase both the number, and doubtfulnesse. Leauing the verse therefore, for ignorance of the authour and suspition of his authoritie, and forsaking the Rolle (as not assured of the antiquitie) I will flee to Henry Bracton, [Sidenote: 1250.] a man both ancient, learned, and credible, which liued vnder K. Henry the thirde and wrote (aboue three hundreth yeeres since) learnedly of the lawes of this Realme.
[Sidenote: Citizens were called Barons in old time.] He (I say) in the third booke of his worke, [Footnote: De Legibus et Consuetudinibus Angliæ.] and treatise of the Crowne taking in hand to shewe the articles inquirable before the Iustice in Eire, (or Itinerent as we called them because they vsed to ride from place to place throughout the Realme, for administration of iustice) setteth forth a special fourme of writs, to be directed seuerally to the Bailifes of Hastings, Hithe, Rumney, Douer, and Sandwich, commanding them that they should cause twentie & foure of their Barons (for so their Burgesses, or townesmen, and the citizens of London likewise, were wont to be termed) to appeare before the Kings Iustices at Shipwey in Kent (as they accustomed to do) there to enquire of such points, as should be giuen in charge. [Sidenote: Contention betwtene Yarmouth and the Fiue Ports. 1250. Antiquitie of Yarmouth fishing.] Which done, hee addeth moreouer, that forsomuch as there was oftentimes contention betwene them of the Fiue Ports, & the inhabitants of Yarmouth in Norfolke, and Donwich in Suffolke, there should be seuerall writs directed to them also, returnable before the same Iustices at the same day and place, reciting, that where the King had by his former writs sommoned the Pleas of the Fiue Ports to bee holden at Shipwey, if any of the same townes had cause to complaine of any (being within the liberties of the said Ports) he should be at Shipwey to propound against him, and there to receiue according to law and Iustice.
Thus much I recite out of Bracton, partly to shew that Shipwey was before K. Edward the firsts time, the place of assembly for the Plees of the Fiue Ports: partly to notifie the difference, and controuersie that long time since was betweene these Ports, and those other townes: But purposely, and chiefly, to proue, that Hastings, and Hithe, Douer, Rumney, and Sandwich, were in Bractons time accompted the Fiue principall hauens or Ports, which were endowed with priuiledge, and had the same ratified by the great Chartre of England.
Neither yet will I deny, but that soone after, Winchelsey and Rie might be added to the number. [Sidenote: 1268.] For I find in an old recorde, that king Henry the third tooke into his owne hands (for the better defence of the Realme) the townes of Winchelsey, and Rie, which belonged before to the Monasterie of Fescampe in Normandie, and gaue therefore in exchange, the Manor of Chiltham in Gloucestershire, & diuers other lands in Lincolneshire. This he did, partly to conceale from the Priors Aliens the intelligence of the secret affaires of his Realme, and partly because of a great disobedience & excesse, that was committed by the inhabitants of Wincelsey, against Prince Edward his eldest sonne. And therefore, although I can easily be led to thinke, that he submitted them for their correction to the order, and gouernance of the Fiue ports, yet I stand doubtfull whether hee made them partners of their priuiledges or no, for that had bene a preferment, and no punishment vnto them: [Sidenote: Winchelsey first builded 1277] but I suspect rather, that his sonne king Edward the first, (by whose encouragement and aide, olde Winchelsey was afterward abandoned, and the newe towne builded) was the first that apparelled them with that preeminence.