April 1656

Great Court Leet, held in the Moot Hall, on Friday, the 25th of April, 1656, before William Patten (Mayor), William Hodgkinson and James Assheton (Bayliffs), and Evan Wall (Steward of the Court).

The names of the Jurors to enquire aswell for his Highnes ye Lord Protectrs as also ye Maior, Bailiffes & Burgesses of ye Burrough of Preston aforesaid.

Presentments:-

1. Mr Maior shold take care concerninge ye assize of bread and beare accordinge to ye rate of Corne and such orders as ye Lawes have pvided in yt case.

2. Ye fifthe prsentment of ye last Leet may bee observed else ye succeedinge Leetes to fine the offenders as alsoe that ye said Leetes may take care of ye 9th prsentment of ye last Leete.

3. That all those that were prsented in ye fourteenth prsentmt of ye last Leet hath not observed ye same and therefore every on(e) to pay twelve pounds apeece and one halfe thereof to bee due to the Towne ans ye other towards ye reparacon of ye said platt and yt soe menie of them that neglect to pay to pay in theire proporcon as shall bee thought fittinge by ye said William Sudell, Edmund Werden, Seth Blackhurst and Edward ffrench gent or anie two of them havinge notice by ye serjeant before the 24th of June next every offender to forfeit and loose iijs. iiijd.

4. Ye swynheard doth not doe his duty accordinge to ye 4th presentment of ye last Leete, butt contrariwise, neither Blowinge nor giveinge warneinge by his horne or Keepeinge ye swyne until fower a clocke upon ye moore, beinge thither brought, butt suffers them to stray into men's Corne; therefore for ye tyme present to bee severly punished att ye discression of Mr. Maior, and for future the fine to bee Levied accordingly, if hee be continued, or from such as may to his place bee elected, that soe the swyne may bee driven upp into ye moore, and not suffered to lye by ye yate.

5. All ye inhabitants shall cause theire swyne roonge, and the pinder take care of the same, and, if that will not serve, to cause them yoaked, that there may bee noe more spoyle in Corne, and that the said inhabitants haveinge notice hereof, as also by the officer Blowinge of his horne every morneinge, may bringe forth theire swyne, and, if need require, to helpe with them to ye moore, that there they may bee kepte, otherwise every offender haveinge theire swyne found in ye streete and not kepte upp to forfeite for every swyne, and soe often as they shall bee found, fower pence a swyne, the one halfe to ye Towne and the other to ye su[b]bayliffe and swyneard, equally to bee devided Between them.

6. Thomas Combrall for Carrieinge Corne out of ye towne and not enquireinge for the towler [toll collector], or payinge ye same untill it was demanded, to pay js.

7. That there was Jennett ye wife of John Cowburne bound in a recognizance for to keepe ye peace and Thomas Hesketh as pledge in five pounds yt ye said Jennett should appeare at this Leet butt did not because Thomas Hesketh did then affirme shee was and hadd siene(seen) sicke tenne days wee find theire Bounds forfeited yett leave itt to ye cosideracon of Mr Maior and compainie.

8. Wee find ye like recognizance forfeited by Alice Sowden and alsoe her husband Christopher Sowden to have forfeited five pounds as suertie for his wife Alice and to pay ye some or what my bee thought fittinge by Mr Maior and companie or punished.

9. There are manie Lathers, Carte wheeles and yates unsould, comonly lefte in ye streete, especialy in ffryergate, till the marquett come, they sell them, which is a hinderence and anoyance to ye comon passages and vexation also of and much to ye peoples harme that have on occasion to goe that way in ye night tyme; as also that such whoe owne ye wood ye which Lyes near the church yard wall may bee commanded to Lay the said wood close to ye wall or remove it, and to cause that filth theire removed which by them have beene stayed, so that commendible passadge may not bee stayed or anoyed; and for ye ffuture prevention of theis and ye like inconveniences, som good orders may bee made ye Major and councell for ye remedy thereof as to them may seeme meete. To bee removed before ye 24th June instant, upon paine of 10s. apeece, to bee Levied upon defaulte.

10. There hath beene a a bull usually pvided by the Baliffes for ye good of ye comonaltie and ffree Burrgesses of this towne; for ye present noe care is taken for the same; wee therefore desire Mr. Major would take some speedy course therein, for ye good of ye poore people, and that ye said Bull may be kepte all winter as well as somer if it may bee thought fittinge by ye Major and Companie to buy one before the xvi^th June instant, and not to sell him again without ye consent of ye Major and greater pte of ye Councell, upon paine of xls apeece.

11. There are manie presentments against Mr. Edmund Werden concerneinge the wasteinge and destroyinge of ye Arbish [herbage] of ye marsh, butt now in perticular there are manie complaints that hee, Liveinge in Asshton, turnes nyne or more beaste to our marsh from thence, as also manie Geese, which wee conceive ought not to bee, butt doe leave the fine to Mr. Major and his councell for the tyme past, And to take care to make some order to prevent ye same for the tyme to come to bee restrained. For the future the like not to bee suffered, butt ye Cattell to be impounded; ye pinders to impound ye geese in some conveniant place, and not to deliver them without payment of 6d. a fflocke, and not to suffer them for ye like.

12. There are maine complaints of ye Inhabitants in the Lower end of ffryergate for want of water, having none but at a great distance or upon leave, which is burthensome and uncertaine, and they being a people to their power as readie to observe and keepe all commands which come from ye Major and Councell as their fellow inhabitants which have recd ye like favour and libertie, not repininge thereat but rejoycinge, onely hopeinge and prayinge they may enjoy ye same priviledge where ye Maior and Councell shall think fittinge and at ye most easiest change, wee therefore apprehend their said requests reasonable and ought to bee done when the convenientest tyme may appeare to Mr. Maior and his Councell.

13. Ye Bailiffes or whom it may concerne may cause a yate at both ye moore yates, but especially at ye north moor yate, soe hanged that it may open and shutt both ways of itself, wch wee conceive willbee ye best way to kepe mens goods from straieinge of and offendinge any, either by horse, beasts, or swine, and yt order may bee given to make them substantially good, and yt not priudiciall Course, still continued (serve our tyme, serve all), wch pues [proves] nor [no] remedie, but vainly and excessively to ye spending of ye Townes revenue; as also yt Rayles and windinges may be made at Davy bridge, to prevent Cattle goeinge over; and that those fflags on ye Marsh may be carried to ye Boate landinge on our side, to bee as pte [part] of a Key [quay]; and that Swansey bridge, on our side, may bee staked and winded; as also yt our pte of ye bridge at Tippinge smithie, which is in great decay, may be speedilie repaired, lest it bee wholie ruined and spoiled, and yt it may bee a stone bridge, if ffullwood will joine.

14. There are divers prsentments agt people turninge theire goods down to ye marsh before ye heardsmen come at sixe oclock that all may have notice to ye contrary and that what cause ye herdsmen may find upon ye marsh shall bee impounded and yt offender for every tyme and least to pay sixe pounds fower to ye towne and either to the herdsmen accordinge to the eighth order of Mr Werdens Guild.

15. That Worshipfull and honorble ancient Custom of Bailiffes weareinge gounes, according to maine Guild orders, butt especially against ye second order of Mr. Werdens Guild, have left of the same, as alsoe that pay of sixe pounds therteene shillings fower pence a peece to ye schoolemaster, as formerly, and by the said order confirmed, but alsoe that there is not harmonious assent and Keepinge of ye said order by and amongst ye councell and theire brotherly sittinge together in the Church, which to us seemes strange, that order makers should not bee order Keepers; and, therefore, Leave ye remedy to Mr. Major and Councell.

16. That there are maine complaints of Geese being putt to the marsh as alsoe find severall prsentments against it and therefore thinke fittinge that the fine soe imposed by the quest of Office 1653 accordinge to the 52nd prsentment of ye same may be levied against offendors Goods and that if that the pinders doe not doe theire duty they being accquainted by serjeant thereof may pay as bee punished accordingly.

17. George Werden is continued beidle and scavenger, is very negligent therein, and the Towne is full every day of Country poore, and the said office altogether neglected, to ye discredit of our towne and hindrance of our owne poore. Also that ye said George Werden is swyneard, also receivinge wages for Both and performeinge neither. Wee therefore thinke fittinge and present that ye Baliffes shall appointe a newe Swyneard imediately, that soe the townes revinue may not bee vainely given, butt yt ye Benefitt may bee found by ye inhabitants for whose case such officers were first elected; and that Mr. Major will bee pleased to Comannd such Idle persons as theis to such offices, and such as refuse to send them to ye house of Correccon, haveing noe subsistance and Liveinge Places.

18. Those persons hereunder written whoe have had diverse tymes notice and severall fines sett upon them if they did not cause yates and rales hunge before theire celler staires we concerne the reason to be in yt officers may lothing to make distresse wee therefore doe finde every of them for tyme paste in sixe shillings eight pence apeece accordinge to the seaventeenth pressentment of ye Leete in October 1654 and accordinge to ye twenty eigth prsentmt of ye Inquest ffebruary 1654 imediately to be levied on theire goods vidzt Christopher Santer, Seth Morte, Thomas Rishton, Mr Edward Hodgkinson, Mr Wall Hidehill, Mr James Gorton and Mr Thomas Goodshaw and therefore menie of them as neglect to sett yates and rayles lidds upon theire stayers before ye first of August next every one soe offendinge shall forfeit and loose six shillings eight pence a month untill they have soe donne.

19. Yt persons here undernamed who haveinge had summons by ye Sgt. to appeare before Mr Maior to take ye oath of a burgess and neglected soe to doe contrary to ye 6th prsentmnt of ye Last Leet every one to forfeit for ye tyme past for theire Contempt 6s. 8d. if they have goods to bee distrayned or otherwise theire psons to be severlie punished at ye discrecon of Mr Maior vizt. James Werden, Peter Harrison, Henry Balshaw, Silvester Ingham junior, Jon Wall, Wm Cottam, John Clifton, Wm Walmesley younger, George Slater, Chrofer Nowell, Mr James Marsh, James Dawson. And yt Mr Maior doe take such course with them for tyme to come as hee is enabled by ye severall orders made in that case as also yt Mr Maior doe cause these psons hereunder named sworne viz Mr Seth Morte, John Sumpner jun, John Gurnall, Robt Ingham, John Helme, John Singleton, John Barker, John Powell, Tho: Slaiter, Nich: Mitton, Wm Tasker, Wm Martin younger, Edward Gradell, Tho: Hodson, Tho: Werden junior, John Langton, Lawr: Wall, James Helme, Edward Dawson, Tho: ffielden, Joseph Bolton, Robt: Kighley, Henry Gradell, Rich: Hodgkinson, Tho: ffrance, Henry ffisher, Tho: Tomlinson, John Chorley junior, Peter Ingham, Tho: Wiggans, Tho: Sudell, Wm Cowling, James Mason, John Radcliffe, John Duckworth.

20. There was an inquisition taken ye 26 Dec 55 concerninge unwholesome meat exposed to sale by one Peter Wildinge and found unwholesome by the Oaths of Richard Clarkson, John Hodgkinson, Lawr Bostock and John Powell therefore ye said Peter Wildinge to pay vjs. viijd.

21. The same prsentments by John Cowburne agt John Welch and Rich: Waybreck was unwholesome fish by them sould therefore to pay iijs. iiijd.

22. All owners of middings within ye ffishergate barre and without ye barre and likewise in St. Johns weend and other weends and streets within this Courts Jurisdiccon may bee removed to theire grounds or some convenient place for a middingsted yt for ye high ways may not bee hindred and annoyed as formerly before ye xth of July next els to pay vjs. viijd. and Mr Maior is desired his officers may see this observed els ye fines to be levied.

23. All ye occupiers of Land in ffryers laine shall lopp and cutt theire Hedges yt Carte and Carriadges may freely passe on both side ye Laine haveinge notice given by ye herdsmen before ye xxiiij^th of June next els to pay vjs. viijd. one halfe to ye pinders & ye other halfe to ye towne or wt may bee (a)feered but especially widdowe Walmesley may scowre her ditch x yards higher than it is.

24. Yt ye succeedinge Leet may take care yt Mr Wm Banester rebuild his house upon ye Townes wast accordinge to ye ix^th prsentmnt of ye Last Leete or t(o) be yt those fines may stand accordingly.

25. That Edward Eccles and John Greenwood contrarie to the former prsentment doe continue to keepe swinetroughs in ye weends to ye great annoyance of yt publique passage & also to minspitt well therefore to pay vjs. viijd. and if they bee not removed before ye xxiij^th of June next to pay 6s. 8d. & for each a month after as longe as they shalle continued the one half thereof to ye Towne and ye other to ye subbayliffe or not may be friends.

26. We desire yt Mr Maior may give orders yt ye Butchers shall forbeare to through ropps blood or any ffilthe out of theire shopps into ye streete to ye great annoyance of comon passengers and yt noe Butchers may bee suffered to let any Calf or sheeps blood to fall upon ye stones wth Causeth many swine and doggs there to be and yet noe Calves may be hanged upp upon hookes by ye camrells Contrary to former prsentmnts and ye Maior and councell orders and yt all who offend contrary to this prsentmnt may for every offence loose xijd one half to ye Towne & ye other to ye subbayliffe and yt this prsentment may be made an ordr by ye councell or not to them may seem most fittinge therein to bee donne it beinge in the very parte of the Towne Mr Maior is disired to appointe his officers to see this performed.

27. The Bayliffes shall, as is theire duty, goe twice in theire office and drive the more to see that fforiners goods beinge thereupon kepte may bee secured till course may bee taken with ye owners, and in particular that ye Bayliffes may Cause Thomas Loxam to bee sworne whether those number of sheepe upon ye moore bee his or noe, beinge supposed that neither they nor ye Coulte are his; also it is desired that Mr. Major and ye Companie may continue their perambulacon [perambulation] to see what incroachments are erected and made upon ye townes ground and Comons of ffullwood.

28. Edmund Watson, milner, of Avenham, beinge noe free man, doth keepe a horse upon ye townes wast. It is desired that Mr. Major take Care aboute his removall or security, hee haveinge a wife and Childeren as yett not come into ye towne. Butt for keepeinge his horse upon ye townes waste to pay xijd.

29. Henry Sherborne for harboringe Thomas Kay contrary to the 18th prsentment of the Leete ye fourth May 1665 and to pay that fine accodingly being viiijs. ijd. and if hee bee not removed before ye twenty fourth June next to paye sixe shillings eight pence monthe soe longe hee shall continue.

30. Also the sonne Thomas Kay for makeinge affray and giveinge insufferable Blowes to Agnes ye wife of William Bayliffe therefore to pay ijs. vjd.

31. And ye same Kay for makeinge another tussle with William Bayliffe and giveinge him blowes hee being one of ye Jury of this Leet therefore to pay ijs. vjd.

32. That these persons hereunder written what either was personally sumoned by ye officer also sumons paste att theire houses and did not appear therefore to pay apeece iijs. iiijd. vidz John Hynde, William Curtus, William Brager, Henry Ingham, Christopher Santer, George Blundell, Thomas Combrall, John Gurnell, Joseph Boulton, John Powell, John Clarkson, Symon Hynde, Henry Chorley, George Clarkson, James Hodgkinson, Mathew Dixson, John Adison, William Charnocke, John Sudell jun, Raphe Harrison, John Mitton scho, William Gardner, George Woods, Richard Livsay, Henry Willson, Henry Bramwell, Chrofer Sowden, John ffisher, William Whalley, William Lemon, Willm Audland.

33. Mr William Bannester complains that the tennants of Mr John Winstanley doe incroach upon him in a hedge betwixt Mr Bannesters Crofte and Mr Winstanleys garden upon Evidence that Mrs Eliz: Taylor widdow and James Pemberton Taylor sworne also the testimony of Mr William Patten major that those plaine trees Some Cutt Downe and others growinge were sett by Mr Bannesters ffarther upon his owne lands soe that the said Mr Winstanley is to cause a paile to bee sett upp as itt hath beene usually lineally Betwixt the remaininge parts of [crossed out] adjoininge to Mr Evan Wall garden and a stoope yet standinge upon Mr Winstanley parte of ye hedge doe appeare to bee within ye said lyne towards Mr Bannester to bee removed and that if Mr Winstanley will not erect a [crossed out] then to sett quick wood or other ffence upon his grounds yett is ordered that if any of those plaine trees bee growne over or into ye said Mr Winstanleys land that is to say within the lyne on his side and Mr Winstanley desires it may be cutt downe the said Mr Bannester shall cause the same cutt downe and if either offend and bee not donne before the second of ffebruary 1656 to pay a peece twenty shillinge.

34. George Mery is a Breaker of hedges, and did Cutt an Assh tree downe upon Mr. Ashtons Lands and other mens; therefore to pay three shillings fower pence, and to bee made a publique example to the terifinge of all others as Mr. Major shall thinke fitt.

35. Those persons hereunder named are Comon and ordinary hedge Breakers, and therefore for this offence to bee punished at Mr. Major's pleasure, either by stokes or ye Rouges Poste, and, if that will not serve turne, that Mr. Major will be pleased [to order] some more seveare Course for punishment as hee may conceive meete, vidz. :- George Morrys Children, George Werdens wife and Children, ould Myres wife, ould Sheppards wife, James Wasle, George Woods servants and prentices, Thomas Patricke sonne and daughter, John Weengreene Children, Roger Moss Children.

36. Henery Haworth, Richard Claytons sonne John Clayton, Thomas Stringer al[ias] Richardson, doth usually and ordinarily gett whines upon Spittls mosse and Rattenwall Banke, to sell them, and will doe it, which is a great perjudice, that the supervisore cannot gett a whine to helpe the high way; therefore to pay apeece three shillings fower pence; and John Birchel is guiltie of ye same offence, and to pay ye like fine.

37. That they have gotten lands and made holding & highway towards the bridge towards ye Almshouse to ye great peruidice of ye of ye publique passage therefore to cause them field upp a ffoote above ye highway before ye tenth day of June next else to pay 6s 8d.

38. That ye Bayliffes shall cause that sand hoals (holes) filled upp which ye laborers they sett on worke att ye schoole house did make before ye tenth day of June next else to pay 6s 8d.

39. Henry Haworth and Thomas Wiggans did hange doggs and lefte them in ye high way unburied, to the great annoyance of ye high way and danger to mens goods that pass to ye Marsh, and beinge found faulte with they replyed they would doe it, and if they pleased they would hang them upon ye pinfould rayles; therefore to bee punished seaverly at Mr. Major's discretion; either of them to pay iijs. iiijd.

40. Theis persons hereunder written are brought unto us by the houselookers, and therefore Mr. Major is disired to secure the town of them till they be removed, and if they think fittinge stallanged. vidz. Jenett Barnes and her sonne harbored by Mr Luke Hodgkinson, John Sowerbutts wife and children harbored by Andrew Sharrocke, Tildesley Harrison wife to Willm Aspinwall and children harbored by John Worrall, Mrs Winder harbored by Mrs Preston, John Norrcrosse and wife harbored by Mr Bayliffe Hodgkinson, James Martland harbored by Mr Robert Blundell.

41. These persons followinge as members to be removed and not fittinge to remaine affeerers viz. John Sudell wife and children harbored by Robert Bayliffe. Mary Kighley and her sister harbored by Roberte Shakeshaft, Lawrence Barnes and children by Mr Willm Bannaster, Mr George Preston wife and children by widdowe Hodgkinson, Henery Clarkson wife and children by widdowe Catterall, John Shorte wife and children att spitle mosse.

42. That if Roberte Bayliffe, Roberte Shakeshafte, Mr. Will Bannaster, widdow Hodgkinson, widdow Catterall, and Sir Richard Houghton shall cause their inmates [to be] Removed before the twenty fowrth of June, else every one to pay 13s. 4d., and every month after [till removed] sixe shillings eight pence. And wee desire that Mr. Major may cause the Bell man to give notice that all ye inhabitants forbeare to take in anie Inmates unless they first acquaint Mr. Major and his Councell, upon paine of forty shillings, or some other way notice may bee given, as ye Major and Councell shall thinke fittinge, that they remove not from house to house as formerly.

43. That Mr Sumpners barne in ye weend incroaches (&) is not yet rented therefore Mr Major is desired to take care about it.

44. That Mr Major to give notice by his officers to all those whoe are stallangers that they forbeare to putt anie cattell to ye moore or marsh that soe they may not abuse our comons or bee perjudicial to ye inhabitants butt that after ye officer hath given them notice to ye contrary every offender to pay for his goods soe tresspasinge three shillings foure pence atyme soe often as they be found fawlty and that ye pinders shall see to ye inpoundinge of such goods and not deliver them untill such have paid theire forfeits or gotten license from Mr Major yt one halfe of what Mr Major may be pleased to take to bee for ye herdsmen and the other to ye towne.

45. That Richard Mosse and William Walmesley shall remove theire worthinge from widdowe Walmesley wall that she may have her passage by ye wall to her garden and that they remove ye same before twenty seventh June next else to pay three shillinge fower pence.

46. Mr Major and the Companie take some course concerninge ye Rentinge of ye Milne and Kilne belonginge to Mr Werden upon the townes Land and severall of the prsentments agt him that soe those claymones (claims) against him may bee answered (some lines blanked out)

47. Thomas Walmesley and John Helme remove Copp leadinge to Cawsey meadows that carte may pass before 24th June next else to pay after notice given three shillings fower pence.

48. That Nicholas Watson did not attend on this Jury accordinge to his oath as to observe warnings from the foreman which was given by the Bellman and Serjeant butt wholy neglected the said duty therefore to pay the said contempt. (Several lines crossed out)

49. That these persons hereunder named whoe are noe free man yett wee finde them stallanged that Care my be taken by ye major and the Brethren for theire security yt ye towne may not be perduidiced butt that the stallandge may be containned or removed as ye Counsell shall see cause - Roger Haworth, John Weenegreene, Robert Houlte, Thomas Serjeantson, Raph Porter, John Myres, Tho: Patricke, John Kay, Thomas Hall, Edward Parkinson, Henery Cotton, Thomas Andertons widdow, George Hindle, John Jamson vidz Helme, Hugh Crawshawe, John Serjeant, Jennett Prescott, Robert Greggson, James Preesall, Thomas Shawe, James Simpson, Henery Shakeshafte, John Broothall, John Royle, Henry Wareinge, Mr Newton.

50. There is a Chimny at Lissays Smithy by the Buttercross that to be foomes (fumes) very dangerous in regard of fly ash and Complained of by William Bushell and ye rest of ye neighbours which danger in not onely to them butt all in generall wee therefore desire mr major would bee pleased to appoint the said chimney removed for that course may bee speedely taken therein to prevent danger and if ye owner or occupier refuse or neglect mr major order the offender to pay fforty shillinge.

51. Theis persons hereunder named haveinge married ffreemens widdows, they not being ffree or [not] as yett compounded with, the Mr. Major wil bee pleased to take care herein that ye inhabitans may not Loose theire prevelledge, vidz.:- Edward Mitchill, who married Jannett Cowper, Leonard Hawksworth whoe married John Sidgreaves widdowe, Ralph Sharrocke who married Elizabeth Cowper, Robert Tomlinson whoe married Thomas Becconsall daughtorr.

52. Mr John Marsh for makinge two fallen staires in the weend to minspitt well the one beinge three yardes in length and one in bredth the other a yard in length and three in bredth therefore wee desire that Mr mayor will be pleased to take care about it whether it bee fitt or not to bee suffered upon what Rent and how to bee ordered.

52a. That Mr. Major and Councell would bee pleased to allowe two shillings a week to either swyneeard, 12d. a weeke beinge to litle to have a Livlyhood, and a disincoradgment to all for beinge swyneard, which is the greatest and comonest losse that is suffered and sustained amongst us; also 6d. a weeke for a boy to helpe them.

53. William Threlfall is complained on for sellinge comodities on the marquett dayes and weeke dayes and that hee may bee comanded to forbeare till has bee either stallanged or made free.

54. Wee desire that mr major will be pleased to putt into operacon all these prsentmts which concern him and to procure ye councells advice in what concernes them butt especially that swyneards may bee chosen for ye safe and comon benifitt of ye inhabitants; also that ye pinders may be paid accordinge to ancient Custome for Keepinge of Beast.

These persons hereunder named to be stallanged at ye Rates following

Stallengers

Total to ye towne £4-1-2 to ye steward £1-7 -0