LXIII. 1 August 1436

This tripartite indenture, made between the Mayor and Commonalty of the town of Dover on the one part, and the Mayor and Commonalty of the town of Faversham on the other part, witnesseth, that as certain quarrels and con troversies have recently arisen between the parties aforesaid, of and over various exactions, contributions, imposts, taxes, burdens assessments, and demands, which the aforesaid Mayor and Commonalty of the said town of Dover have sought and claimed from the aforesaid Mayor and Com monalty of the said town of Faversham as the right of the aforesaid town of Dover, the service at sea due to the Lord King and his heirs being excepted and reserved, and the making of a reasonable contribution to a certain " promise " or gift to the Warden of the Cinque Ports for the time being, when the said Warden shall first take the oath to the Barons of the said Ports for his maintaining their liberty by the aforesaid Mayor and Commonalty of the said town of Faversham and their successors, also excepted : concerning which exactions, contributions and demands, except the above excepted, the parties aforesaid at length by the mediation of the venerable persons, Geoffrey Louther, Lieutenant of the Warden of the Cinque Ports, John Darrell, and Thomas Browne, Esquires, came to an agree ment in the form below written, to wit, that for all manner of exactions, taxes, burdens, assessments, impositions, contributions, and demands, except the above excepted, which they shall be able to exact, have, or claim, from the said Mayor and Commonalty of the said town of Faversham, also every right, title and claim, except those above excepted, which they have, or shall be able in future to have, on the said Commonalty and town ; so that the aforesaid Mayor and Commonalty of the aforesaid town of Dover, their heirs and successors, be for ever excluded by these presents from in future having any of these kind of exactions, impositions, contributions, taxes, burdens, all assessments and demands, by right, title, or claim, the aforesaid Mayor and Com monalty of the said town of Kaversham, for themselves and their successors, have granted by these presents that they shall give and pay each year in future to the aforesaid Mayor and Commonalty of the aforesaid town of Dover, and their heirs and successors, an annual rent of 40J//. sterling to be paid annually on the Feast of the Assumption of the Blessed Virgin Mary, at the aforesaid town of Faversham for ever : and the aforesaid Mayor and Commonalty of the said town of Faversham for themselves and their successors, have granted by these presents to the said Mayor and Commonalty of the said town of Dover, their heirs and successors, that as often as it happen that the aforesaid annual rent of 40J//. shall be in arrear for four days beyond the said Feast unpaid, in part or in whole, that then so often it may be lawful for the said Mayor and Commonalty of the said town of Dover, their heirs and succsssors, to distrain upon the said Mayor and Commonalty of the town of Faversham aforesaid, their heirs and successors for ever, by all their goods and chattels in whatsoever towns or places in the Cinque Ports, or their Limbs, they may be found, and the distresses so taken to take away, drive ofF, and carry away, and, under the name of Withernam, detain, until the said Mayor and Commonalty of the said town of Dover shall be fully satisfied for the aforesaid ^osh., and for all arrears of the aforesaid rent, together with all costs and expenses, which by reason of the non-payment of the said rent they shall have sustained : and furthermore, the afore said parties agreed in the form following, to wit, that when the Lord King, or his heirs, shall cause to be summoned his certain Parliament to be held within the Kingdom of England, after the day of the making of these presents, then the aforesaid Mayor and Commonalty of the said town of Dover, by their letters sealed with their seal of Mayoralty, directed and delivered to the Mayor and Commonalty of the said town of Faversham, shall notify to them, the said certain Parliament, within six days after summons made to the said Mayor and Commonalty of the said town of Dover, by virtue of a writ of the said Lord King and his heirs, requiring the said Mayor and Commonalty of the said town of Faver sham by the said letters, that they select four Barons of the said town of Faversham, suitable in discretion and sufficiency, and return and certify to the said Mayor and Commonalty of the said town of Dover, on the day specified in the said letters, by letters sealed'with the seal of the Mayoralty of the said town of Faversham, and carried by their common Serjeant, from which four Barons so elected the said Mayor and Commonalty of the said town of Dover may select one whom they at their discretion shall see and know to be the better and more suitable, and return him to the said certain Parliament as one of the Barons of the said town of Dover, with another Baron of the said town, and on this the aforesaid Mayor and Commonalty of the said town of Dover shall notify to the said Mayor and Commonalty of the aforesaid town of Faversham the name of the Baron of the said town of Faversham thus selected by the said Mayor and Commonalty of the said town of Dover by their letters, sealed with the seal of Mayoralty of the said town of Dover, and carried by a serjeant of the said Mayor and Commonalty of the said town of Dover : and the said Mayor and Commonalty of the aforesaid town of Faversham, and their successors, shall certify and notify the receipt of the said letter in the town of Faversham aforesaid by the said Serjeant of the said town of Dover by another letter under the seal of the Mayoralty of the said town of Faversham : and as often as it happen that the said Mayor and Com monalty of the said town of Dover, their heirs and successors, fail in the certificate or return, in mode and form above specified, so often the said Mayor and Commonalty, their heirs and successors, of the said town of Dover, shall pay to the said Mayor and Commonalty of the town of Faver sham aforesaid, their heirs and successors, losh. sterling, to be levied under the name of Withernam, on the goods and chattels of the said Barons of Dover, their heirs and successors in whatsoever places of the Cinque Ports, or their Limbs, they be found : and the aforesaid parties shall similarly act henceforward in all cases before any said certain Parliament which the Lord King, or his heirs, hereafter causes or cause to be summoned : and as often as it shall occur that the said Mayor and Commonalty of the aforesaid town of Dover, their heirs and successors, be hurt or molested by reason of the non-appearance or absence of the Baron of the town of Faversham aforesaid so chosen, and by the aforesaid Mayor and Commonalty of the said town of Dover thus returned to any certain Parliament, the absence or non-appearance of the aforesaid said Baron of the said town of Faversham, having been sufficiently notified to the afore said Mayor and Commonalty of the aforesaid town of Dover and their successors, that then so often the aforesaid Mayor and Commonalty of the aforesaid town of Faversham, their heirs and successors, shall hold entirely indemnified the aforesaid the Mayor and Commonalty of the aforesaid town of Dover, and their successors, to the Lord King, and his heirs, for the said hurt or molestation, and for all costs and expenses on that account, had or sustained in any way whatsoever, by the mode and form of distraint above specified, and by the form of letters and process called Withernam, to be levied and held on all the goods and chattels of the aforesaid Mayor and Commonalty of the said town of Faversham, their heirs and successors, in whatsoever towns or places of the Cinque Ports, or their Limbs, they may be found : furthermore, the said Mayor and Com monalty of the said town of Dover, and their successors, shall pay in the town of Dover aforesaid, at the end of the said Parliament, to that Baron of the said town of Faversham, whom, as is premised, they shall cause to be returned to any certain Parliament in future, or to his certain attorney, for each day that he shall be present at that Parliament to which he is thus returned, 2od. sterling, provided always that when it shall occur that all the Barons of the Cinque Ports elected and returned to such a Parliament, three or more excepted, come back from the said Parliament by licence of the Lord King and his heirs, and the said three or more Barons remain there for themselves and all the Barons of the Cinque Ports, of which three or more Barons that Baron elected from the town of Faversham aforesaid be not one, that then on the return of the said Barons from the said Parliament, after the time of the licence aforesaid, his payment of 20^. per diem shall cease, the payment of the wage of the said Baron for four days in going and returning to the said Parliament, to wit, lod. for each day, being entirely reserved to the said Baron : and if the said Baron of Faversham be one of those three or more Barons so chosen to stay to the end of the Parliament, that then he shall receive lod. per diem until the end of the said Parliament, and for four days more, to wit, for two days in going to the said Parliament and for two in re turning at the said termination of the Parliament, to wit, 2od. for every day : and futhermore, the aforesaid Mayor and Commonalty of the aforesaid town of Dover have granted for themselves and their successors by the presents, that as often as it shall occur that the aforesaid payment of 2od. per diem to be paid, as is premised, be in arrear, unpaid for six days after the end of the Parliament, in part or in whole, that then so often it may be fully lawful to the said Mayor and Commonalty of the said town of Faver sham, their heirs and successors, to distrain on the said Mayor and Commonalty of the said town of Dover, their heirs and successors, by all their goods and chattels in whatsoever places and towns of the Cinque Ports, or their Limbs, they may be found, and, under the name of Wither nam, to detain them until that which to the said Baron for his wages, in mode and form above, is due, together with all arrears, payments, and expenses, on that account incurred, shall be fully paid : and to the good and faithful holding and fulfilling all and singular these agreements by either party, each party alternately binds itself by these presents. 

Witnesses : William Brcwes then Mayor of the town of Dover aforesaid ; Walter Nesham, then Bailiff; Walter Stratton ; John Braban ; John Ward ; Thomas Goore ; William Hammond ; Walter Poop ; and Richard Grigge, Jurats of the aforesaid town of Dover : and Simon Orewell, then Mayor of the town of Faversham ; John Paris, then Bailiff"; John Saint Clere ; Richard Dreilondi; John Rogger ; Peter Napilton ; John Wotton ; John Faversham ; and Robert Wustel, Jurats of the said town of Faversham. 

In witness whereof, as well the seals of the aforesaid Mayors and Commonalties as the seals of the arbitrators or mediators arc severally affixed to these tripartite indentures. 

Given on the first day of the month of August, A.D. 1430, and in the sixteenth year of the reign of King Henry, the sixth of England after the conquest.