Catalogue description Royal letters patent
This record is held by Kent History and Library Centre
|Title:||Royal letters patent|
Grant, for the sake of the good government of the town in future, that Faversham shall be and continue a free town, and that the Mayor, Jurats and inhabitants shall be and continue, as they have been from of old, a body corporate, by the name of the Mayor, Jurats and Commonalty of the town of Faversham; and that there shall be an honest, lawful man, chosen as hereafter mentioned, called Mayor of the town; and that the Mayor and twelve honest, lawful men, inhabitants of the town, chosen as hereafter mentioned, shall be called Jurats of the town; and that there shall be twenty four honest and lawful men, chosen as hereafter mentioned, called Common Councilmen of the town; and that the Jurats and Common Councilmen shall assist the Mayor in all business concerning the town.
Appointment of John Kennett, Esquire, as first modern Mayor, to continue in office until the last day of September next; and of John Kennett, Thomas Southouse, the elder, Michael Greenstreet, George Allen, Robert Hamblenton, Daniel Glover, Thomas Bowdler, William Henley, Thomas Southouse, the younger, William Allen, Robert Knowler, William Day, and John Smith, as first Jurats for life, unless they are removed for misbehaviour in the execution of their office; and of Richard Stace, gentleman, Richard Rade, Stephen Croft, John Burges, Isaac Terry, Stephen Jones, John Berry, John Northfleet, John Michell, Arthur Francklin, Alexander Bay, Robert Platt, John Preston, Thomas Pepper, John Baker, William Whiteing, William Varham, John Dodd, Robert Dane, Augustin Philpott, Michael Webb, Nicholas Bennett, John Hadaway, and William Clare as first Common Councilmen for life, unless they are removed for misbehaviour in the execution of their office; and that John Kennett and all others named, after taking the oath hereafter prescribed, shall enjoy all the rights which freemen of the town of Faversham have been accustomed to enjoy; and that the Mayor and greater part of the Jurats and Common Councilmen may admit other persons, elected as hereafter provided, to be Common Councilmen; and that John Kennett and all others named and all others later admitted to enjoy the rights of freemen, shall be called freemen of the town of Faversham; and that the Mayor, Jurats, Common Councilmen and freemen shall be a body corporate by the name of the Mayor, Jurats and Commonalty of the town of Faversham for ever with perpetual succession.
And that the Mayor and Jurats or the greater part of them shall each year on the last day of September at a place within the town chosen by them, in the presence of the freemen, nominate two of their number, from whom the freemen or the greater part of them shall elect a Mayor for the year next following, who shall there in the presence of his predecessor or the Jurats or any two of them make a corporate oath to execute his office faithfully and truly; and that if a Mayor dies or is removed during his term of office, a new Mayor shall be elected for the remainder of the year by the process already set out; and that if a Jurat dies or is removed, the Mayor and Jurats or the greater part of them shall elect a Common Councilman in his place; and that if a Common Councilman dies or is removed, the Mayor, Jurats and Common Councilmen or the greater part of them shall elect a freeman in his place.
And that there shall be an honest, lawful man, chosen as hereafter mentioned, called Recorder of the town; and that John Strode, Esquire, Lieutenant of Dover Castle is to be first Recorder to execute the Office of Recorder and Steward, himself or through a deputy, for life unless he is removed for misbehaviour; and that there shall be an honest, lawful man, chosen as hereafter mentioned, called Common Clerk of the town; and that John Kennett shall be the first Common Clerk to execute the office, himself or through a deputy, for life, unless he is removed for misbehaviour or by the King as hereafter provided; and that if a Recorder or Common Clerk dies, is deprived or removed, the Mayor, Jurats and Common Councilmen or the greater part of them shall elect a Recorder or Common Clerk in his place.
And that if the Mayor labours under sickness or infirmity, or for any reasonable cause is absent from the town so that he cannot attend to his duties, he may appoint a Jurat as Deputy to act for the remainder of his Mayoralty unless he appoints another Jurat as Deputy, the Deputy to execute the office of the Mayor (during his absence after he has first made the corporate oath on the Gospels in the presence of the Mayor or one of the Jurats for the good and faithful execution of his office.
And that the Mayor, Jurats, Recorder and Deputy Recorder shall be Justices of the Peace within the town and there keep and cause to be kept all ordinances and statutes, and that any two of them, of whom the Mayor or his deputy shall be one, shall have authority to hold a General Session of the Peace and Gaol Delivery according to Statute and to inquire concerning all felonies, etc.; and that the Mayor, Jurats and Commonalty may have all fines, etc. arising therefrom to their own use.
And that the Mayor, Jurats, Recorder, Deputy Recorder, Common Clerk, and Common Councilmen named above shall each before being admitted to Office make a corporate oath on the Gospel for the faithful execution of their offices, that is the Mayor should take the oath of a Mayor, Jurat Freeman and Justice of Faversham, the Jurats that of a Jurat, Freeman and Justice, the Recorder that of a Recorder and Freeman, the Common Clerk the oath of a Common Clerk and Freeman, and the Common Councilmen the oath of a Freeman and Common Councilman according to the form formerly used for the said officials, before John Knatchbull, baronet, William Rooke, Walter Braeius, Henry Thornehill, Richard Breton, Henry Parker, Roger Paine, and John Kennett, Esquires, or two or more of them; and that the Mayor and Jurats, or any two or more of them, shall have the power to administer the said oaths in future to the said officials and to freemen; and that all officials named above, their successors and all freemen shall, before being admitted to office, receive the Sacrament of the Lord's Supper according to the use of the English Church and produce a certificate thereof, and take the oaths of Allegiance and Supremacy from time to time before the Mayor or Deputy and Jurats, or any two of them of whom the Mayor or Deputy shall be one; provided that the King shall have the right to remove by Order in Council any Mayor, Jurat, Recorder, Common Clerk or Common Councilman, whereupon another suitable person shall be appointed as set out above.
And that the Mayor, Jurats and Common Councilmen may make any reasonable ordinances for the good government of the town and of the craftsmen, inhabitants, and residents, the regulation of callings and trades, the raising of money for the use of the town and the better preservation and arrangement of the lands and property belonging to the Mayor, Jurats and Commonalty, and may impose fines upon offenders against the ordinances, as seems fit to the Mayor or Deputy and the Jurats and Common Councilmen or the greater part of them; provided that the ordinances shall not be contrary to the laws of the realm; and that the Mayor or his Deputy shall be Coroner and shall execute the office of coroner within the town.
And that the Mayor may appoint two persons to be Sergeants-at-Mace to serve until the last day of September for proclamations, executions and other things belonging to that office within the town, unless they are removed for misbehaviour in office; and that each Sergeant-at-Mace may carry a Mace during his term of office; and that if a Sergeant-at-Mace dies or is removed during his term of office, the Mayor shall appoint another in his place.
And that the Mayor, Jurats and Commonalty may sue and be sued in any court in any cause, by the name of the Mayor, Jurats and Commonalty of the town of Faversham; and that they may have a common seal which they may change at any time; and that they be persons legally capable of accepting manors, lands, rights and chattels, to be held of the King in chief, without special permission, any provision to the contrary notwithstanding; and that they may give, alienate or assign any of the manors, etc.; and that they may receive manors etc. from the King or any other person in England, provided they do not exceed two hundred pounds in annual value, the Statute of Mortmain notwithstanding; and that anyone may give, alienate, etc. such manors etc. to them; gift to Mayor, Jurats and Commonalty of messuages and lands in parishes and towns of Harty and Faversham, Kent, and in parishes of Icklesham, Udimore, and Brede, Sussex, and elsewhere in Kent and Sussex, formerly the property of Henry Hatch, deceased; and of messuage called le Goale in Northstreet, Faversham, and piece of land on north of le Goale, 40 feet long and 40 feet wide, which formerly belonged to the lately dissolved monastery of Faversham; and of messuages, lands, etc. in Harty, Faversham, Hernhill, Boughton-under-Blean, or elsewhere in Kent, formerly granted to the Baron, or the Mayor and Commonalty, or the Mayor, Barons and Commonalty, or the Mayor and Jurats, or the Mayor, Jurats and Commonalty of Faversham, or to them by any other name; and of the messuages, lands, etc. which the Mayor, Jurats and Commonalty lately by their charter inrolled [blank] gave and surrendered to the King; all to be held for ever or whomsoever they are now held, the Statute of Mortmain notwithstanding; and that they are to hold and enjoy all manors, etc. which were given to them by letters patent dated at Westminster, 14 July, 18 Elizabeth  for the purposes therein stated.
Confirmation of the perpetual establishment of the Free Grammar School of Queen Elizabeth which she founded by the said letters patent; appointment of the Mayor, Jurats and Commonalty as Governors of the property of the said school, and that the said Governors shall be a body corporate by the name of the Governors of the Free Grammar School of Elizabeth, Queen of England, in Faversham, with perpetual succession, and shall be persons legally capable of accepting manors, lands etc. from the King or any other person; Gift to the Mayor, Jurats and Commonalty, Governors of the said said School, of all messuages, lands, etc. which were given to them by the said letters patent, and surrendered by them to the King; and that the said Governors may have a common seal, and that they may sue and be sued in any cause before the King or Justices, ecclesiastical or regular; grant to the said Governors, and to the Warden, Subwarden and six elders of All Souls College, Oxford, all the authority which any of them had and enjoyed by virtue of the said letters patent
Grant of view of frankpledge and leet of all the inhabitants, to be held before the Mayor or his Deputy in the town twice each year, that is once within the week after Michaelmas, and once within the week after Easter, with all fines, profits, etc. belonging to the same; and of authority to chose and swear at the view of frankpledge and leet a constable and such other officers and ministers as are usually chosen and sworn there; and of the assay and assize of bread, wine, beer and other victuals within the town, with the correction and punishment of those who break the assize; and the tenements, goods and chattels of felons, fugitives, condemned outlaws and of those adjudged dead in any other way, being or found within the town; and the goods and chattels of suicides, deodands, and goods and chattels abandoned or strayed within the town.
Grant of right to hold a Portmouth Court before the Mayor or his Deputy in the town, on Monday, Tuesday, Wednesday and Thursday each week or less or more often, and at that court to take cognizance of fines and recoveries of messuages, lands and tenements within the town, and to hear and determine all pleas of assize, and all pleas, actions and suits concerning lands within the town, and all pleas and suits, real and personal, within the town, and to make due execution thereof; and that all fines and recoveries had and levied in that court shall be valid in law according to the usage in the town of Sandwich; grant of all profits of the said court and of the tolls in Faversham.
Grant of a market to be held on Wednesday, Thursday and Saturday each week, and on all half holidays, in the Market Place, with all the profits thereof; and of authority to carry out the office of Clerk of the Market; appointment of the Mayor as Clerk of the Market, the duties to be carried out by him or his Deputy; grant of profits arising from persons, not freemen, occupied in the town, and from persons admitted to be freemen, for their admission; and of two fairs to be held at a place in the town, each year, one beginning on the first day of August, the other on the feast of St. Valentine [14 February], each of them lasting for four successive days, unless any of the days is a Sunday, in which case it shall be on the Monday instead; with all profits arising from the fair; and a court of pie powder, as commonly used at fairs and markets, before the Mayor or his Deputy, with the profits thereof.
Gift of messuage called le Gaole in Northstreet, Faversham, and a piece of land on north of the Gaole, 40 feet long and 40 feet wide, which formerly belonged to the lately dissolved monastery of Faversham; and of right to make a gaol and prison in the town for ever; all of which lands, fairs, markets, profits, courts, etc. are worth eight pounds a year, and are to be held of the King in fealty as in free burgage of the town of Faversham, and not in chief, at the annual rent of eight pounds, to be paid to the Receipt of the Exchequer at Michaelmas each year, for all rents, services, etc. in any way due to the King.
Confirmation of all grants and charters made by former Kings, and of all privileges, liberties, etc. usually exercised by the person holding the office of Mayor of Faversham, and all those granted by former Kings to the Barons, or Mayor and Commonalty, or Mayor, Barons and Commonalty, or Mayor and Jurats, or Mayor, Jurats and Commonalty, or to them by any other name; provided that nothing contained in this charter shall confirm the letters patent dated 28 November, 25 Henry VI  to the Mayor, Barons and Commonalty of Faversham in the name of any other incorporation of any kind, or any letters patent concerning the confirmation of the said letters patent of Henry VI.
Grant of the present letters patent without fine or fee, great or small.
At Westminster, 5 December, 1 James II .
At foot of charter "Per Breve de Privato Sigillo" and "Pigott" and "pro fine in Hanaperio 3. 6s. 8d. Jeffreys C."
|Held by:||Kent History and Library Centre, not available at The National Archives|
|Physical condition:||Part of Great seal of James II in green wax appended on red and white silk laces. Engraved portrait of King in initial letter. Engraved decoration to first line of text.|
Have you found an error with this catalogue description? Let us know