WInchelsea Corporation - Questions and Answers
This section of the Winchelsea web site
is based on the excellent booklet entitled "The Winchelsea
Corporation" produced in 2002, updated here to the current position
in some instances. The booklet provides answers to a series of questions
that are listed below.
Before providing the details from this booklet it
is useful to quote the Act of Parliament which is responsible for
establishing the Corporation in its current form. The Municipal
Corporations Act of 1883 (which came into force in 1886) sought to
rationalise local government throughout England. As part of this exercise it
abolished the old Corporations and their special rights, such as raising
of local taxes and judicial powers. A special Clause (No.14) was added to
this Act in order to preserve Winchelsea, as its role as part of the
Cinque Ports Confederation was felt important enough to merit an exception
in this one instance. The Clause states:
"Saving as to Winchelsea.
... the property of the Corporation of Winchelsea shall continue to be
held, managed and enjoyed as heretofore... and for that purpose the
Corporation of Winchelsea shall continue undissolved ... and
Winchelsea shall continue to be entitled an Ancient Town of the Cinque
Ports."
Legally the Corporation is an "Exempt Charity" and not
subject to the jurisdiction of the Charity Commissioners.
Questions and answers regarding Winchelsea and
the Corporation
1 Why is Winchelsea so significant
?
2 What is the Winchelsea
Corporation?
3 What are the Cinque Ports?
4 Did being a
Cinque Port give Winchelsea political power?
5 How has
the Corporation survived to the present day?
6
So what is the property of the
Corporation?
7 Is the Museum
part of the Corporation's property?
8 What are the Queen's dues?
9 So how does the
Corporation finance its responsibilities?
10
But how does the Corporation cope
with major expenses?
11 Are there no other sources of
funding?
12 What other responsibilities does the
Corporation fulfil?
13 Who elects the Mayor?
14 Who is
invited to the Mayoring?
15 Who and what are Jurats?
16 So the
Corporation is a sort of old boys club?
17 Is anyone else involved in the
Corporation?
18 Who pays for
the Corporation's ceremonies and events?
19 Why is the Corporation so
self-effacing?
20 Is there any point in consulting the
Corporation about local problems?
21 What is the role of women in the
Corporation?
22 Is it true
that the Mayor can confine a person to the stocks?
1 Why is Winchelsea so significant?
The Town is unique in a number of ways. Firstly,
it is the only planned medieval town in England that has remained
undeveloped and retained its original grid-like structure. Secondly,
following the 1883 Municipal Corporations Act, to which it was granted
exceptional status, it has the only unreformed Corporation in the country.
It is this historical continuity that the Town and Corporation represent
that is of such value and that the Corporation has the responsibility to
preserve under the law.
2 What is the
Winchelsea Corporation?
Winchelsea New Town, for that is what it is, was established on Iham
Hill by Edward I in 1288 to replace Old Winchelsea which, lying somewhere
off Camber, had been swept away by the sea. By 1292 Edward had granted the
town the right to its own Mayor and Corporation - a form of medieval
democracy at a time when the monarch was more or less the source of all
power. Later it was also accorded the status of Head Port as one of the
two Antient Towns within the Confederation of the Cinque Ports. The Mayor
was elected annually on Easter Monday by Winchelsea's Freemen, from whom
he appointed Jurats to help administer the town.
3 What are
the Cinque Ports?
The Cinque, traditionally pronounced
"sink" Ports is a confederation of medieval towns granted many rights and
privileges by the King in exchange for supplying ships and sailors in time
of need long before England raised its own Royal Navy. The Head Ports are
Sandwich, Dover, Hythe, New Romney and Hastings, together with the two
Antient Towns of Rye and Winchelsea. Other local towns joined the
Confederation to assist the Head Ports in fulfilling their duties.
4 Did being a Cinque
Port give Winchelsea political power?
In the mid 14th Century Edward III
granted all seven members of the Cinque Ports, including Winchelsea, the
right to elect two members of Parliament. These members were elected by
the Freemen, a system that later led to corruption and eventually to the
town's status as a "rotten borough". The 1832 Reform Act rid the country
of "rotten boroughs" and Winchelsea lost its two MPs. Its status
as a Municipal Corporation, however, remained intact along with its judicial and local government
functions.
5 How has
the Corporation survived to the present day?
The
Municipal Corporations Act of 1833 abolished all Municipal Corporations
(about two hundered of them) save for the single exception of Winchelsea.
Local MP, Frederick Inderwick, Freeman, Jurat and six times Mayor of
Winchelsea, persuaded his Parliamentary colleagues that it was unthinkable
that the Confederation of the Cinque Ports should lose one of its Head
Ports. As a result a special clause was written into the Act (Section 14)
which allowed Winchelsea Corporation to remain in existence, while
removing its judicial and local government functions and all its
responsibilities save for the care and maintenance of its property and the
fulfilment of Winchelsea's function as a Head Port of the Confederation of
Cinque Ports.
6 So what is the property of the Corporation?
The Corporation has
responsibility for maintaining a number of properties most of which are
classed as Ancient Monuments. The Court Hall is probably the oldest
building in Winchelsea (Listed Grade 1) and it functions as the Town
Museum as well as the venue, to this day, of the annual election of the
Mayor on Easter Monday. The three town gates: Strand Gate, New Gate and
Pipewell Gate, are all classed as Ancient Monuments. The Town Well in
Castle street, Queen Elizabeth Well along Spring Steps, and "The Lookout"
adjacent to the Strand Gate (kindly maintained by long term arrangement
with Icklesham Parish Council) are all similarly the Corporation's
responsibility. The Corporation also owns an area of land between Strand
hill and Tower Cottage garden; the site of the electricity substation
adjoining Pound Cottage; part of the garden of Beckett in German St; and a
small part of Greyfriars Park, all of which are presently leased. More
recently it has taken responsibility for the Town Sign, the
Millennium Beacon and Tapestry, in association with the Millennium Artefacts
Society.
7 Is the Museum part of the Corporation's property?
The Corporation also runs the Town
Museum which is open throughout the summer in the upper Court Hall.
Founded in 1950 its collections and displays offer a unique insight into
Winchelsea's life and history. It is manned by a volunteer curator and by
other volunteers and members of the Corporation.
8 What are the Queen's dues?
When Queen Elizabeth I visited
Winchelsea in the late sixteenth century she was apparently horrified by
the state of the town, by then in serious decline due to the silting up of
the harbour and the loss of its function as a port. In a fit of
generosity she not only granted land to the Corporation but also passed
on the income from her dues, a sort of ground rent paid to the monarch
since Edward I purchased the land on which New Winchelsea was built. Sadly
neither she, nor her successors, allowed for inflation and today the
Queen's Dues, which are levied on certain of the town's properties, amount
to approximately £19.
9 So how does the Corporation finance its responsibilities?
The Queen's Dues are the
Corporation's only income as of right, but it also receives about £30 per
annum from leased properties as well as profits from the sales of the Town
Guide. Fortunately, through its own prudence, the Corporation has built up
an invested fund, income from which covers most day-to-day expenses.
Additionally there is some income from its Museum, which is spent on the
Museum and its upkeep, plus income from donations and legacies.
10 But how does the Corporation cope with major expenses?
Though the Corporation has
sufficient funds to tick over, it cannot on its own finance major repairs
to its property. In the mid 1980's grants of up to 75% were available from
government agencies for such works. Subsequently the figure fell to a
maximum of 50%, administered via English Heritage. As a result the Friends
of the Ancient Monuments and Museum of Winchelsea (FOAM) was formed in
1991 as a Registered Charity, No. 1001486, dedicated to helping the
Corporation fulfil its duties by raising funds. The generosity and
assistance of the friends has subsequently played a significant role in
funding the maintenance of the Corporation's property.
11 Are there no other sources of funding?
The Corporation has received grants and support from
Winchelsea's local authorities in the past, and has received a number of
generous, mainly anonymous, donations to support various projects that are
the responsibility of the Corporation. In 2008 the Corporation applied for
and received a substantial grant from English Heritage for 50% of the cost
of restoring the Strand Gate. The total cost of the works carried out was
approximately £48,000 with the remaining 50% being raised through a major
fund-raising campaign by the Friends (FOAM).
12 What other responsibilities does the Corporation fulfil?
The Corporation is responsible for representing the
Town at meetings of the Confederation of Cinque Ports. The seven Head
Ports each in turn provide the Confederation' s Speaker, this being the
Mayor for the time being of the duty port. Winchelsea's Mayor was speaker
in 2006-5. The ancient office of Lord Warden of the Cinque Ports was last
held by the Queen Mother, and previous holders of the office include Sir
Winston Churchill and Sir Robert Menzies. The current Lord Warden is
Admiral Lord Boyce.
13 Who elects the Mayor?
The Mayor of Winchelsea has been elected annually on
Easter Monday for over 700 years and the system has apparently never
changed. "He", for to date there has never been a lady Mayor, is
elected by the Freemen of the Town at an "Hundred" and at the same time an
"Assembly" may also appoint further Freemen, who must be residents of the
Town. While this may have appeared democratic in 1292 it is patently not
so today. However, historical precedent, the Corporation's complete lack
of power, its obligations and responsibilities and its membership of the
Confederation of Cinque Ports mean that Winchelsea Corporation can be
changed only by Act of Parliament.
14 Who is invited to the Mayoring?
Because of the limited space in
the Upper Court Hall the Mayoring ceremony is sadly not open to everyone.
The Mayor-elect has some choice, but the vast majority of seats are
pre-allocated to some of the Mayors and Mayoresses of the Cinque Ports, to
other local dignitaries such as the High Sheriff of the County, the local
member of Parliament, the Chairmen of our local authorities. Room has also
to be provided for any Freemen and their partners and for the partners of
serving Jurats, the Chairpersons of the larger local societies, the
Headteacher of our local school and for a limited number of relatives of
the incoming Mayor. Local residents may also request an invitation and if
possible a few seats are left free for members of the public, though early
arrival is advised.
15 Who and what are Jurats?
By the Corporation's original Royal grant of powers,
the newly elected Mayor appoints his Deputy and up to eleven Jurats from
among the Freemen. Jurats are appointed to help the Mayor with his
responsibilities and functions within the Town and, together with himself,
form the Corporation. In a nutshell, the existing Freemen elect new
Freemen; the Freemen elect the Mayor; and the Mayor appoints his Deputy
and the Jurats.
16 So the Corporation is a sort of old boys club?
In some ways the Corporation could be
regarded as a self-perpetuating oligarchy and most definitely was so in
the past. During its days as a "rotten borough" corruption was rife and
Freemen were paid or bribed for their support in electing members of
Parliament. But while Lord Acton said that "power corrupts and absolute
power corrupts absolutely" without power their is no place for corruption.
Today's Freemen are elected for their contribution to the life of the town
and for their suitability, if required, to act as Mayor in fulfilling the
Corporation's duties and responsibilities.
17 Is anyone else involved in the Corporation?
At its "Hundred"
on Easter Monday the duly elected Mayor nominates a Common Clerk, usually
known as the Town Clerk, who effectively acts of the Secretary to the
Corporation.; a Chamberlain, a sort of major domo to the Corporation; a
Sergeant-at-Mace; and a Chaplain, usually the incumbent Rector of St
Thomas' Church. These 'officials' fulfil various roles, some of
which are purely ceremonial, others of which are crucial to the work of
the Corporation. For the last 25 years the Corporation has been extremely
fortunate in having the historian, Malcolm Pratt, as its Clerk, who
provides substantial assistance at the annual Mayorings, administers much
of the Corporation's activities and finances, and has written two
important books on the Town and its history: "Winchelsea, A Port of
Stranded Pride" (1998) and "Winchelsea, The Tale of a Medieval Town"
(2005).
18 Who pays for the Corporation's ceremonies and events?
As already explained, the Corporation
has little income with which to fulfil its significant responsibilities.
It does, however, make a small contribution to the annual Mayoral
expenses, although other expenses are born personally by the Mayor.
19 Why is the Corporation so self-effacing?
Being an unelected and non-political body, Winchelsea
Corporation seeks publicity only in exceptional circumstances and then
only in support of some worthwhile Town project. Even the information
provided here has been produced only to inform Winchelsea residents and
visitors about the Corporation's functions.
20 Is there any point in consulting the Corporation about local problems?
Essentially no, as most issues are the responsibility
of other agencies, notably Rother District Council and Icklesham Parish
Council. Some issues are the responsibility of higher authorities, such as
the A259 (Highways Agency), Roads in the Town (East Sussex CC), flooding (Environment Agency) and utilities (e.g. BT
and EDF Energy). Though the Corporation has neither the power
or authority, other than concerning its property, it is happy to
advise residents on an informal basis from the experience of members living
within the Town for a considerable number of years.
21 What is the role of women in the Corporation?
In 2001 the members of the Corporation voted to allow
women to be elected as Freemen and there are currently two women Jurats,
and there may be a lady Mayor at some point in the not to
distant future. Every Mayor and Deputy Mayor appoints a partner,
historically this has usually been the wife of the incumbents, and
their status is marked by special badges and chains.
22 Is it true that the Mayor can confine a person to the stocks?
Sadly (!) the Mayor's and Jurat's
functions as magistrates, which would have included passing gaol sentences
and other punishments on residents have been abolished, though only since
the Municipal Corporations Act of 1833.