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CINQUE PORTS

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Originally appearing in Volume V06, Page 379 of the 1911 Encyclopedia Britannica.
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CINQUE PORTS , the name of an See also:

ancient See also:jurisdiction in the See also:south of See also:England, which is still maintained with considerable modifications and diminished authority. As the name implies, / i CiC. COOH I '-N N• OH the ports originally constituting the See also:body were only five in number—Hastings, See also:Romney, See also:Hythe, See also:Dover and See also:Sandwich ; but to these were afterwards added the " ancient towns " of See also:Winchelsea and See also:Rye with the same privileges, and a See also:good many other places, both corporate and non-corporate, which, with the See also:title of See also:limb or member, held a subordinate position. To See also:Hastings were attached the corporate members of See also:Pevensey and See also:Seaford, and the non-corporate members of Bulvarhythe, See also:Petit Iham (Yham or Higham), Hydney, Bekesbourn, Northeye and Grenche or See also:Grange; to Romney, Lydd, and Old Romney, Dengemarsh, Orwaldstone, and Bromehill or Promehill; to Dover, See also:Folkestone and See also:Faversham, and See also:Margate, St See also:John's, Goresend (now Birchington), Birchington See also:Wood (now Wood-See also:church), St See also:Peter's, See also:Kingsdown and Ringwould; to Sandwich, Fordwich and See also:Deal, and See also:Walmer, See also:Ramsgate, Reculver, Stonor (Estanor), Sarre (or Serre) and See also:Brightlingsea (in See also:Essex). To Rye was attached the corporate member of See also:Tenterden, and to a Hythe the non-corporate member of See also:West Hythe. The jurisdiction thus extends along the See also:coast from Seaford in See also:Sussex to Birchington near Margate in See also:Kent; and it also includes a number of inland districts, at a considerable distance from the ports with which they are connected. The non-incorporated members are within the municipal jurisdiction of the ports to which they are attached; but the corporate members are as See also:free within their own liberties as the individual ports themselves. The See also:incorporation of the Cinque Ports had its origin in the See also:necessity for some means of See also:defence along the See also:southern seaboard of England, and in the lack of any See also:regular See also:navy. Up to the reign of See also:Henry VII. they had to furnish the See also:crown with nearly all the See also:ships and men that were needful for the See also:state; and for a See also:long See also:time after they were required to give large assistance to the permanent See also:fleet. The See also:oldest See also:charter now on See also:record is one belonging to the 6th See also:year of See also:Edward I.; and it refers to previous documents of the time of Edward the See also:Confessor and See also:William the Conqueror. In return for their services the ports enjoyed extensive privileges. From the See also:Conquest or even earlier they had, besides various lesser rights—(1) exemption from tax and See also:tallage; (2) See also:soc and See also:sac, or full See also:cognizance of all criminal and See also:civil cases within their liberties; (3) tol and team, or the right of receiving See also:toll and the right of compelling the See also:person in whose hands stolen See also:property was found to name the person from. whom he received it; (4) blodwit and fledwit, or the right to punish shedders of See also:blood and those who were seized in an See also:attempt to See also:escape from See also:justice; (5) See also:pillory and tumbrel; (6) infangentheof and outfangentheof, or See also:power to imprison and execute felons; (7) mundbryce (the breaking into or violation of a See also:man's See also:round or property in See also:order to erect See also:banks or dikes as a defence against the See also:sea); (8) waives and strays, or the right to appropriate lost property or See also:cattle not claimed within a year and a See also:day; (9) the right to seize all See also:flotsam, jetsam, or ligan, or, in other words, whatever of value was See also:cast ashore by the sea; (1o) the See also:privilege of being a gild with power to impose taxes for the See also:common weal; and (r1) the right of assembling in portmote or See also:parliament at Shepway or Shepway See also:Cross, a few See also:miles west of Hythe (but afterwards at Dover), the parliament being empowered to make by-See also:laws for the Cinque Ports, to regulate the See also:Yarmouth See also:fishery, to hear appeals from the See also:local courts, and to give decision in all cases of See also:treason, See also:sedition, illegal coining or concealment of treasure trove.

The See also:

ordinary business of the ports was conducted in two courts known respectively as the See also:court of brotherhood and the court of brotherhood and guestling,—the former being composed of the mayors of the seven See also:principal towns and a number of jurats and freemen from each, and the latter including in addition the mayors, bailiffs and other representatives of the corporate members. The court of brotherhood was formerly called the brotheryeeld, brodall or brodhull; and the name guestling seems to owe its origin to the fact that the officials of the " members " were at first in the position of invited guests. The highest See also:office in connexion with the Cinque Ports is that sf the See also:lord See also:warden, who also acts as See also:governor of Dover See also:Castle, t.nd has a maritime jurisdiction (snide infra) as See also:admiral of theports. His power was formerly of See also:great extent, but he has now practically no important See also:duty to exercise except that of chairman of the Dover See also:harbour See also:board. The. emoluments of the office are confined to certain insignificant See also:admiralty droits. The patronage attached to the office consists of the right to appoint the See also:judge of the Cinque Ports admiralty court, the registrar of the Cinque Ports and the See also:marshal of the court; the right of appointing See also:salvage commissioners at each Cinque See also:Port and the See also:appointment of a See also:deputy to See also:act as chairman of the Dover harbour board in the See also:absence of the lord warden. Walmer Castle was for long the See also:official See also:residence of the lord warden, but has, since the resignation of Lord Curzon in 1903, ceased to be so used, and those portions of it which are of historic See also:interest are now open to the public. See also:George, See also:prince of See also:Wales (lord warden, 1903–1907.), was the first lord warden of royal blood since the office was held by George, prince of See also:Denmark, See also:consort of See also:Queen See also:Anne. Admiralty Jurisdiction.—The court of admiralty for the Cinque Ports exercises a co-See also:ordinate but not exclusive admiralty jurisdiction over persons and things found within the territory of the Cinque Ports. The limits of its jurisdiction were declared at an See also:inquisition taken at the court of admiralty, held by the seaside at Dover in 1682, to extend from See also:Shore See also:Beacon in Essex to Redcliff, near Seaford, in Sussex; and with regard to salvage, they comprise all the sea between Seaford in Sussex to a point five miles off Cape Grisnez on the coast of See also:France, and the coast of Essex. An older inquisition of 1526 is given by R.G. See also:Marsden in his Select Pleas of the Court of Admiralty, II. See also:xxx.

The court is an ancient one. The judge sits as the official and See also:

commissary of the lord warden, just as the judge of the high court of admiralty sat as the official and commissary of the lord high admiral. And, as the office of lord warden is more ancient than the office of lord high admiral (The Lord Warden v. See also:King in his office of Admiralty, 1831, 2 Hagg.Admy. See also:Rep. 438), it is probable that the Cinque Ports court is the more ancient of the two. The jurisdiction of the court has been, except in one See also:matter of See also:mere antiquarian curiosity, unaffected by See also:statute. It exercises only, therefore, such jurisdiction as the high court of admiralty exercised, apart from restraining statutes of 1389 and 1391 and enabling statutes of 184o and 186x. Cases of collision have been tried in it (the " Vivid," 1 See also:Asp. Maritime See also:Law Cases, 6o1). But salvage cases (the " Clarisse," Swabey, 129; the " See also:Marie," Law. Rep.

7 P.D. 203) are the principal cases now tried. It has no See also:

prize jurisdiction. The one See also:case in which jurisdiction has been given to it by statute is to enforce forfeitures under the statute of 1538. Dr (afterwards the Right Hon. See also:Robert See also:Joseph) See also:Phillimore succeeded his See also:father as judge of the court from 1855 to 1875, being succeeded by Mr See also:Arthur See also:Cohen, K.C. As See also:Sir R. Phillimore was also the last judge of the high court of admiralty, from 1867 (the date of his appointment to the high court) to IS75, the two offices were, probably for the first time in See also:history, held by the same person. Dr Phillimore's patent had a See also:grant of the " See also:place or office of judge official and commissary of the court of admiralty of the Cinque Ports, and their members and See also:appurtenances, and to be assistant to my See also:lieutenant of Dover castle in all such affairs and business concerning the said court of admiralty wherein yourself and assistance shall be requisite and necessary." Of old the court sat sometimes at Sandwich, sometimes at other ports. But the regular place for the sitting of the court has for a long time been, and still is, the See also:aisle of St See also:James's church, Dover. For convenience the judge often sits at the royal courts of justice. The office of marshal in the high court is represented in this court by a See also:serjeant, who also bears a See also:silver See also:oar.

There is a registrar, as in the high court. The See also:

appeal is to the king in See also:council, and is heard by the judicial See also:committee of the privy council. The court can hear appeals from the Cinque Ports salvage commissioners, such appeals being final (Cinque Ports Act 1821). Actions may be transferred to it, and appeals made to it, from the See also:county courts in all cases, arising within the jurisdiction of the Cinque Ports as defined by that act. At the See also:solemn See also:installation of the lord warden the judge as the next principal officer installs him. The Cinque Ports from the earliest times claimed to be exempt from the jurisdiction of the admiral of England. Their See also:early charters do not, like those of See also:Bristol and other seaports, See also:express this exemption in terms. It seems to have been derived from the See also:general words of the charters which preserve their liberties and privileges. The lord warden's claim to prize was raised in, but not finally decided by, the high court of admiralty in the " Ooster See also:Ems," r C. Rob. 284, 1783. See S.

Jeake, Charters of the Cinque Ports (1728); Boys, Sandwich and Cinque Ports; Knocker, See also:

Grand Court of Shepway (1862) ; M, Burrows, Cinque Ports (1895); F. M. Hueffer, Cinque Ports (1900); Indices of the Great See also:White and See also:Black Books of the Cinque Ports (1905).

End of Article: CINQUE PORTS

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