October 1653

The great Court Leete with view of ffranckpledge of Burrough or Towne of Preston, in the Countie of Lancaster, holden in the Mootehall there, the one and twentieth day of October, in the yeare of our Lord 1653, before Edward ffrench, gent., Maior of ye said Burrough, Henry Breres and Richard Primmett, Bailiffs of the said Burrough, and Evan Wall, gent., Steward of the Court there. The names of the jury to enquire as well for the Commonwealth as for the Maior, Bailiffes, and Burgesses of the Burrough or Towne aforesaid, who were sworne the day and year above said, viz.:-

Jury

who say and p'sent upon their Oathe as followeth, in theis English words, vizt.:

1. Wee find and p'sent the Exercise of Artillerie is not used within this Towne, accordinge to the forme of the Statute in such cases made and provided, And wee p'sent the now Bailiffs of this Towne shall repaire the Butts before the first day of May next in paine of vjs viijd, And sett Rayles about them that the beasts doe not throw them down.

"Artillerie" in this case referred to bows and arrows. The repair of the shooting butts will be a common presentment over the next 100 years. The last reference being 1757.

2. Wee find and p'sent the assize of Bread and beere lately p'scribed by Mr Maior ought to bee observed.

The "assize" regulated the retail sale of bread or beer. The weight of the loaf was increased or diminished according to the price of grain. Later presentments refer to the price of grain going down but not the price bread.

3. Wee find and p'sent Willm Bannester hath not erected a Burgage wch hee suffered to goe to ruin, on the Towns Land, att the east end of the Towne, accordinge to the 44th p'sentm't of the Inquest of office, in October, 1650, and accordinge to former and other ps'tm'ts, And therefore to pay his fine of xx^s, alreadie forfeited, and to erect a house there before the 29th of Septemb' in paine of xls.

4. Wee find and p'sent Edward Eccles hath not removed his swyne Coate or Co't, erected in the highway to Minespitt well, to the annoyance of the Highway, according to the time limited in the 35th p'ntm't of the same Inquest, and therefore to pay his fine of vjs. viijd., and for every Month it continues unpulled downe after notice given vis. viijd.

Minespitt Well was to be found at the bottom of Main Sprit Wiend

5. Wee find and p'nt Willm Blacoe ought to bee proceeded ag't according to the 36th p'sentm't of the same Inquest, and to forbeare to trade, use, or exercise any Trade contrarie to his Bond, given when hee became a ffreeman, in payne of ev'y Moneth hee shall soe trade to forfeit xls.

6. We find and p'sent Mr. William Hodgkinson hath not erected a Bu[rgage] upon a parcell of ye Townes Land, lying between George Hodgk[inson's] Lands on ye East side and ye Lands of Robte Bayley on the West side, according to the 26th p'ntm't of the last Inquisicon, and hath ther[by] forfeited his fine of xls., and that he shall erect one before ten[th] of September next, in payne of xls.

7. Wee find and p'nt Mr Edmund Werden hath not,accordinge to ye affearing of the 31st p'nntm't of the last Leet, Released his Interest in the old Milne steed and Damme, nor made any agreement with the Towne [as to] the new Milne Steed and Damme, And yt hee shall come before Mr. Maior and his Bretheren, and make an agreement with them, at or before the Second day of ffebruary next, in paine of xxs., And upon like paine of xxs. for every month hee shall neglect or delay to p'f[orm] the same Agreement with the Towne.

8. Wee find and p'nte Mr. Edmund Werden hath not, according to the 29th p'ntm't of the last Inquisicon, filled upp the Little Ditch wch hee made into the old damme and through wch hee made a wateri[ng], to ye great annoyance of ye Marsh, And whereas by the same p'ntm't he was ordered to stake and wynd all along his Ditch att the Marsh side, wch hee hath neglected, wee doe therfore amerce [him] in vjs. viijd., and for every month he shall neglect to stake and wy[nd] and fill upp the said Ditch in vjs. viijd.

9. Wee find and p'sent Evan Rogerson hath not performed the 5th pntm of the last Leet in cuttinge his Wood wch hanges over Henry Wilson's house in the ffryergate, in the possession of John Singleton, and he therefore accordinge to the p'ntm't aforesaid forfeited his fine of vjs. viijd., and wee doe amerce him in every month the same continues undone in vjs. viijd.

10. Wee find and p'sent Seth Morte of this Towne made an assault and affray and drew blood on the bodie of William Brewer; therefore amerce him in vs.

11. Wee doe find and pn'te the said Seth Morte and made a Tusle and did abu[se] Richard Morte his brother, doe therefore amerce him in ijs. vid.

Seth and Richard were probably the sons of Adam Morte who, in 1642, famously declined the office of Mayor. The "White Book" contains a comment recorded on the 18th October, that the Council considered "this an indignitie and disgrace". He was fined 100 marks but later accepted the role - possibly to further the cause of the Royalists.

12. We doe find and p'nte the said Richard Morte made a Tustle and did abuse the said Seth, doe therefore amerce him ijs. v[id].

13. Wee doe find and p'nte Evan Rogerson being drunck did abuse and dr[aw] blood upon the bodie of Robert Ingham, and wee doe therefore amerce him in vs. And wee leave ye punishment of his drunkennes to Mr Maior.

14. We doe find and p'nte Margaret Walmesley, widdow, shall scoure her ditch and make a platt att her yate, in the ffryers Lane, that she may have passage, wch annoy'th the highway, before ye 25th day of March next, in paine of vjs. v[iijd].

15. We find and p'sent John Higham shall scoure his ditch all alonge [the] Crofte in the same Lane, and keep open his Platt or Bridge att the Style leadinge [to] the foote path the[re], before the 25th day of March, in paine of vjs. viijd.

16. Wee find and p'sent William Chernock for delving and gettinge cl[ay], on the side of Eaves brook, contrary to the orders of this Towne, and therefore amerce him in vijs.

17. We find and p'nte Willm Silcock. for gettinge whinnes on this side ____ brook [name worn or torn off], contrary to the orders of this Towne, and therefore amerce him ____ [part containing amount missing].

18. Wee find and p'nte Hugh Copeland hath encroached upon the Townes wast, att his new buildinge, without the ffriargate Barres, sixe yardes in length and a foote in bredth, to paye sm [sum] Maior think fitt. ijd.

"ffriargate barrs" or bars were to be found slightly uphill from where Market Street West (originally "Back Lane") joins Friargate.

19. Wee find and p'nte Mr John Marsh, according to the 6th p'ntm't of ye Inquest of office in ffebruary, 1651, wherein it was p'nted that hee shold stake and wynd alonge his close in the Lane side Leadinge to Aram Bankes, and keepe ye water in itts course, in paine of vjs viijd. hee hath not p'formed the same p'ntm't, and therefore to pay the fine and to repaire the same before 25th March next, in paine of vjs. viijd.

"Aram Banks" was the alternative name for Avenham Banks and was an enclosure below the present Park Hotel. The Park Hotel is now offices for Lancashire County Council.

20. Wee find and p'nte Seth Morte shall erect and build upp a barne, in St. John's weend, where formerly his barne stood, upon the Townes Land, before 29th of September next, in paine of xls.

21. Wee find and p'nte severall p'sons have fetched sand in the Lane leadinge to the North Moor yate, and have made a great hole to the annoyance of the highway, and wch endangereth ye lettinge downe of Mr Addisson hedge and ffence, and wee p'nte the same shalbee filled upp, and whoever shall hereafter trespas in the like manner shall forfeit for every load of sand hee shall fetch there iijs iiijd.

The "North Moor" was a considerable portion of Preston Moor which has now become Moor Park.

22. Wee find and p'nte Nicholas Watson suffereth Timber Trees and other wood to lye in the Streets, to the annoyance of his neighbours and such as frequent this market, and havinge notice to remove the same obstinately refuseth (as appears to us upon oath), wherefore we do him in the vjs viijd.

23. Wee find and p'nte Jennett Haworth, widdow, hath had notice sevarall tymes to wringe her swine, and hath obstinately denyed to cause them to be wring[ed], to the great annoyance of her neighbours, and contrair to the ord'rs of this Towne, and wee amerce her in vjs.viijd.

24. Wee find and p'nt Anne Ingham, widdow, hath made middinge or dunghill in the street at Church gate barres, to the annoyance of the highway, and that she shall remove the same before xxv^th of March next, in paine of iijs. iiijd. and forbeare to cast any more upon the lik paine of iijs. iiijd.

25. Wee find the lane by the holehouse is A highway leadinge into the ffeild for passengers and such as frequent the markett when the water stopeth them that the[y] canott passe by Rible-side, and the passage is hindered by reason of the earth wich is slidden into the same, and wee p'sent Mr. Edmund Werden, Jane Walmsley, widdow, and the executors of Thomas Walmsley deceased ought to remove the same, and that the[y] shall make the same A suficient way before the xxvth of March next, in payne of vjs. viijd.

"Holehouse" still exists in Pechell Street. The sketch below dates from November 12th 1858. Copyright Lancashire County Library and Information Service. [1]

26. Wee find and p'sent Edward Taylor suffereth his ffence to lie downe one his backside of his house, to the annoyance of his neighbour, widdow Ashtn, and that hee shall sufficiently repaire the same before the second of ffebruary next in paine of vjs. viijd.

27. We find and p'sent that John Preesall hath made a pavement and a Channell for water to issue from the backside of his house to Mathew Dickinsons backside, to the annoyance of the said Mathew, and he shall rayse the pavement and carry the watter downe his own backside in paine of vjs. viijd.

28. Wee find and p'nte Henry Bullow's wife and children, Ellen Alpert, and Margaret Welshman doe frequently throw Garbridge in St. John's weend, which is a great annoyance to mens Cattell and endangereth to poysoninge of them, and that hereafter they shall forbeare to throw any there, upon paine got every one offendinge (the offence being proved before Mr. Maior) to forfeit and pay forthwith for every offence iijs. iiijd. or bee punished at ye Discretion of Mr. Maior.

29. Wee find and p'nte all such p'sons as have any Weights or Measures and all owners of Milnes shall bring their weights, measuress, moulture dishes before Mr. Maior or his officers, to bee approved and sealed, at such a pr'fixt tyme as Mr. Maior shall think fitt and appoint.

"Moulture" dishes were used by the millers for measuring corn.

30. We find and p'nte a Tustle between John Higham and Thomas Loxam seres [serious] to Henry Atherton, and doe therefore amerce the said John in ijs. vjd.

31. Wee find and p'nte Roger Woodroffe hath encroached upon the Townes wast, at ye house late Henry Mittons, Sexton, a foote and a halfe in bred[th] att ye one [end] of his wall and halfe a foote att th'other end thereof, and in length fower yards; to bee rented att ye Discretion of Maior and his Bretheren.

32. Wee find and p'nte Elizabeth Jolly hath encroached on the Townes streete att her new buildings a foote in bredth and twelve yards in length to bee rented att ye Discretion of Maior and his Bretheren.

33. Wee find and p'nte the now Bailiffes of this Towne shall repaire the Mooteha[ll] ffloare, and the glasse windowes such as have heretofore been glasened, belongeinge to the Mootehall, and ye doores into ye Councell house, before the first day of May next, in paine of vjs. viijd.

34. Wee p'nte Mr John Cottoam hath stopt a watercourse wch ought to goe through the end of his new Barn in Saint Johns Weend to the annoyance of Mr Edward Dawson wch hath been formerly found and prsented And that hee shall suffer the water to passe the ancient and accustomed way in paine of every tyme hee shall stopp the said to forfeit vjs. viijd.

35. We find that there are great numbers of fforrayners crept into this Towne, who have beene sev'all tymes found and p'nted unfitt members to inhabit within this Towne, and such as harbour them have had fines imposed on them by sev'all juries, but no execucon being done they have continued soe long untill they could not conveniently be removed, And are thereupon stallenged since wch tyme they challenge and take to themselves the priviledges and p'fitts wch onlye belonge to free Burgesses, whereas the 9th order of Mr Walton Guild saith no stallenger shall put any horses, cattle, or other goods to the Comons, and by the 6th order of the same Not any stallenger utter Ale or Beere in his house, In pursuance of wch said Order wee find and p'nte theis sev'all p'sons [Stallengers] hereafter named doe some of them keepe Alehouse others keepe horses and other goods upon ye Comons and Comon grounds belonginge to this Towne, contrary to said orders, And wee doe therefore amerce every of the said stallengers who shall utter ale or beere in his house after notice given to the Contrary in xxs. for every month unill hee shall compound with the Towne accordinge to the said Order. And for every stallenger who shall put any horse or other goods to the Moor, Marsh, of Comon ffields, after notice is given, shall pay for the offence vjs. viijd., untill hee compound with the Towne, and ye pind'rs are to take care and impound such stallenger's goods as they shall find for trespassing, and not to discharge them withiut the privitie or consent of Mr. Maior or ye Bailiffes.

" Stallengers " seem to have been, as a rule, non-burgesses who had to pay respectively a certain sum for the privilege of trading in the town, on the stallage plan — stallage meaning the right to erect a stall in a fair or on a market day, also signifying the rent paid for a stall. Strangers were stallenged for carrying on trade in shops as well as on stalls.

- Thomas Anderton keepeth two horses and a Cow.

- Thomas Shawe keepeth Alehouse and keepeth a horse.

- Roger Haworth keepeth Alehouse

- John Weengreene keepeth Alehouse

- Thomas Patricke keepeth alehouse, onely stallenged in vs., and hath brought in two children, therefore to give bond to save the Towne harmeless or bee removed.

- Thomas Arthwrite keepeth alehouse (admitted by Co'rt Rolle).

- John Barker keepeth a horse (admitted a freeman by Co'rt Rolle).

- Thomas Serieantson keepeth a Cow.

- Willm Brewer keepeth three horses.

- James Leigh keepeth 2 horses and a Cow (hath geeven Bond).

- Willm Elston keepeth a horse and 3 or 4 beasts.

- George Hindley keepeth alehouse in widdowe Sheppards house.

- Robte Holt keepeth alehouse.

- Nicholas Cunliffe keepeth a Cow.

36. Wee find and pr'sent Thomas Goodshey hath encroached att his house, in the ffryergate, upon the streete, nyne yards in length and in breadth a foote; to be rented att the Discretion of Mr. Maior and his Bretheren. - To pay 6d. p annum.

37. Wee find and pr'sent Roger Woodroffe hath broken upp the Townes wast, without the privitie of Mr. Maior or his officers, and made Breek and sould five thousand forth of the liberties of this Towne, Contrary to the 8th Order of Mr. Preston's Guild, and a thousand to a stranger, carryed away in a Boate, and hath therefore by the said Order forfeited iijl. - To pay for this offence 5s., and to enter bond not to commit the like in paine of 40s. And wee further pr'te the said Roger Woodroffe before this Jurie - saith hee wode not pay any money to this Towne but of Curtesie, And therefore we ffind that hee shall observe the said order in all p'ticulars, and forebeare to breake any soyle or digge any pitt for makinge of bricks without the speciall lycense and appointment of Mr. Maior or his officers, upon paine to forfeit for every offense xxs.

"Mr Preston's Guild" would be 1621/1622.

38. Wee find and pr'sent William Blacowe ought forthwith to repaire ye Bridge between Wilkinson's wife ground and Mr Preston's Lands, being soe downe yt people cannot passe to the Markett, and therefore to be repaired imediately after notice, in paine of iijs. iiijd.

39. Wee pr'sent John Singleton for breaking the pinfold, and doe therefore amerce him in iijs. iiijd.

No sign of a pinfold now exists in Preston but, in other areas they do. The pinfold in Hope, Derbyshire was still used as recently as 1967 where a total of 300 sheep were impounded. The owners were charged 2s 6d a head in summer and 6d in winter. The summer charges were greater because of the greater damage the animals could make on growing crops. An extra 1p per animal was given to the pinder. The photograph shows the comparatively un-restored fold and the Preston fold was also split into sections to keep the different animals apart.

40. We find and p'nte the sev'rall p'sons hereafter named unfitt membrs to abide or inhabit within this Towne, and that they shalbee removed before the 25th day of March next, upon paine of every one to forfeit for every month after vjs. viijd., and such as harbour them vjs. viijd.:

- Ellen ffaireclough harboured by Thomas Catterall (removed);

- Alice Helme daughter to Henry Helme, with childe (chyld dead);

- Edward Johnson harboured by Mr. Richard Sumpner (removed);

- Jennet Hoghton harboured by Mr. Luke Hodgkinson;

- Elizabeth Potts harboured by Evan Werden wife;

- John Sowerbutts and his wife...harboured by Mrs. ffleetwood (removed, hath geeven bond maij 6, 1654);

- Gilbte Greaves harboured by Mr. Henry Sherbourne;

- Thomas Cottam and his wife and two children harboured by John Key.

41. We find and p'nte the p'sons hereafter named are fforreynors, and that they shall Compound and agree with the Towne or bee removed forth of the Towne, upon paine of ev'y one mak'nge default to forfeit for every month vjs. viijd. :-

- Robt. Gregson harboured by Mr. William Bannister;

- John Shorte harboured by Sr Richard Hoghton;

- Thomas ffisher harboured by John Higham (admitted freeman in Mr. Blundell's tyme);

- John Jameson {given bond);

- Robt. Walker harboured by Mr. Maior (admitted freeman by Cort Rolle);

- John Royle harboured by Henry Cuerdall;

- James Simpson to security to ye Towne (hath geeven securitie);

- George Preston and his wife and one child harboured by Chrofer Santer;

- John Harrison a wife ... with child, to give securitie and compound with ye Towne or remove (admitted a free man by Cort Roll);

- Benjamin Smith harboured by Rich. Burton (hath geeven securitie and since removed out of ye Towne).

42. Wee find and p'nte Mr. Edmund Werden shall cause a milne Hill to be made in such a convenient place on the Marsh as shalbee thought fitt and allowed by Mr. Maior and his bretheren, that the Marsh bee not spoiled with their winnowinge dayly upon ye same, And that such as winnowe upon the said Marsh but upon a placed appointed and set forth shall forfeit for every offense iijs. iiijd.

43. Wee find and prsent William Shawe and his mother suffereth his Timber to lye in ye open street, att ye white markett, called ye Butter Crosse, to the Disturbance of Passengers and people wch come to ye market, and wee pr'sent hee shall remove ye same upon paine to forfeit for ev'y month not removed vjs. viijd.

44. Wee find and p'nte John Ryley hath encroached upon Mr. Prestons Lands, att his garden wall, a yard and a halfe in length and three quarters of a yard in bredth. - To agree with Mr. Preston.

45. Wee find and p'nte his [John Ryley's] said garden wall encroached upon the Lands of Edward ffrench, gent, and Anne his wife, three quarters of a yeard in bredth and two yards in Length, the same being now the Tenem't of John Kilshawe or his assignes. To agree with Mr. Maior.