The Charge to the Jury

The Charge to the Jury

In the Honor of Clitheroe Court Rolls (pages xii onwards) there is a reference to " A treatise...concerning...the method of keeping of a Court Leet, Court Baron, and Hundred Court, etc; by John Wilkinson, of Bernard's inne, gent (London 1638) and contains the subjects on which the Court should concern itself. These are:-

Affrays and Bloodsheds

You should therefore inquire if any man within your inquirie have broken the peace, or made a bloodshed.

Rogues

These persons by particular are said to bee by the Statute, Rogues, viz., Proctors of Spittlehouses, Patent-gatherers, or Collectors for Gaoles, prisons, or Hospitals, Fencers, Bearwards*, common plaiers of enterludes, Minstrils wandering abroad, Glassemen, Saylors, Souldiers, Schollers, & all other idle persons which goe about begging.

probably a keeper of bears

In October 1711 there appears the following presentation -

John Greenough ffarrier, David Browne, Anne Greenough, Widow Newsham and Widow Hatch for harbouring lewd, idle and vagabond psons, We amerce them seperately in thirty shillings.

Stocks

Also for the punishment of these offenders, you should inquire if there bee in every tything a paire of stockes, according as there ought to bee by the Statute, or no: if there bee not, then the tything doe lose vli.

Several presentations appear in the records concerning the bailiff not maintaining stocks - and, in some cases, the cucking stool

Artillery

...inquire whether every one have Bow and Arrowes according to the statutes, or no: for every man-child from 7 yeeres old to seventeene ought to have a bow and two Arrowes, and every man from seventeene to three-score ought to have a bow and foure arrows, upon paine of vjs. viijd.

Nothing appears regarding this in the Preston records.

Butts

...for the exercise of Archers in shooting at times convenient, their ought to be buts made in every Tything, Village, and Hamlet, or else the Tything, Village, or hamlet ought to lose xxs for every three months wanting buts there.

Fourty four presentation refer to the butts on Spittle Moss being out of repair. There was no mention after 1757.

Plays or Games

Also you shall inquire if any Alehousekeeper or other person do keepe any unlawfull games in his or their house or houses, or elsewhere, as cards, dice, tables, loggets*, quiots, bowles, or such like: in this case the house-keeper loseth for every day forty shillings, and every player vjs. viijd for every time.

a game where pieces of wood are thrown at a stake

Also Constables ought to search monethly for such unlawfull games and disorders in alehouses upon paine of fortie shillings, and then may arrest such as they find playing at unlawfull games...

Shooting in Guns

no mention in the Preston records

Purprestures and Assarts

this is where any wall, hedge, ditch or house is set, leuied, or abated in the King's highway, or any watercourse stopped or turned into the highway, to hinder the passage of the King's subjects, or any way to hinder them.

The records are full of these presentments. The suspicion is that this is because they are local disputes and not trying to impose rules and regulations from above.

Bounds and Marks

As above

Highways or Foot-steps (Footpaths)

Also if any high-wayes or foot-pathes to Church, Mill or Market bee stopped or hedged up, which have beene accustomed to lye open, you must present him or them which shut it up, for the King's subjects must not bee stopped of his lawfull passage to Church, mill, or market.

Common bridges broken

Also if any Common Bridges over Common Streames bee broken, that by reason thereof the King's Subjects cannot passe about their affaires and businesses.

Common pounds broken

If common pounds bee broken so that they will hold no distresse that is brought to them until they bee delivered thence by order of law, you must present those which ought to make such pounds, upon a paine.

Sleepers by day, walkers by night

...inquire of Sleepers by day and walkers by night, to steale and purloine other men's goods and Conies out of Warrens, Fish out of men's severall Ponds or Waters, Hennes from Henrouse, or any other thing whatsoever...

Eavesdroppers

... those are such as by night stand or lye harkening under walles or windowes of other men's, to heare what is said in another man's house, to the end to set debate and dissention betweene neighbours, which is a very ill office: therefor, if you know any such, present them.

Forestallers, Regraters, and Ingrossers

A forestaller is hee which buyeth or causeth to bee bought any victuals whatsoever going to any Faire or Market to bee sold, and maketh any bargaine for the buying thereof before the same be brought to market...or doth make any motion for the inhancing of the price of the victuals...

A regrator is hee that getteth into his hands in any Faire or Market any corne, tallow, or candles, or any dead victual whatsoever, brought to any Faire or Market to bee sold, and doth sell the same againe in any Faire or Market, within foure miles next adioyning thereunto.

An Ingrosser is he or she that doth ingrosse and get into his or her hands, by buying or promise taken, other than by demise, grant, or lease, of bond or bill of Corne growing in the Fields.....

Butchers

No Butcher ought to sell in any open Faire or Market any other victuall then that which is good and wholesome for man's body, and for reasonable gaines, and not at excessive prices.

Shoemakers

They ought to make their Shooes and Bootes of good and well-tanned leather, and well licoured, curried, and sowed, to keepe men dry of their legges and feet.

Tanners

Also you should inquire of Tanners that have used the occupation of a Cordwainer or a Currier, or that hath put any Leather to sale, but red Leather as it came from the Tanne fatte, or that hath put any Hide of peece of Leather to sale, before it bee well dryed, marked, and sorted, and then sold in open market, or that hath tanned any sheepe skins.

Bakers

...making of good and wholesome bread for man's bodie, of sweet corne and not corrupted, and that they make their bread in weight according to the price of Wheat in three markets adioyning...

Also a Baker must set his owne proper marke upon every loafe of bread that hee maketh and selleth, to the end that if any bread be faultie in weight, it may bee then knowne in whom the fault is.

Brewers

...they make good and wholesome ale and beere for man's body, or not, and sell and utter the same according to the lawes and statutes of this Realme. And also they ought not to put out their signe or ale-stake* until their ale be assayed by the ale-taster, and then to sell, and not before.

a stake or pole at an alehouse often with a garland or bush attached.

Fishers

Fishers...do their duties...in bringing to Market such fish as is good and wholesome for man's body and not currupt or stinking...

Also that no man ought to fish with any Net or Engine, angling only excepted, but with such Net or Trannell as every mesh shall be two inches and a halfe wide, except Nets only to take Loches, Mennas, Bullheads, Gudgions, Eeles, and none othe Fish, upon paine of xxs for every time offending, and losse of the fish and the unlawfull Net.

False weights & measures

No man ought to sell any corne, ale, bread or wine, but, by a measure sealed with this letter H., upon paine of forfeiture for the first offence 6s. 8d., for the second offence 13s. 4d., and for the third offence twenty shillings, and to bee set on the pillorie, to the example of others...

The "H" probably refers back II Henry VII C4 in which the standards were to be checked twice a year and, if correct, a crown & H was to be stamped on the weights (or measures).

Hunting dogs

No Layman may lawfully keepe any Greyhound or Hunting Dogge, Ferrits, or Nets, unless hee can dispend fortie shillings per annum, Freehold: nor no Spirituall man, unless hee can dispend ten pounds per annum of spiritual promotion, upon paine of a yeares imprisonment.

Drunkards

Also you shall inquire of Drunkards, for they ought to bee presented, and to pay if they be able forevery time they bee drunk is to the use of the poore of the Parish where the offence is committed; if not able, then after conviction thereof they ought to sit six houres in the Stockes.

Waifs, strays and felon's goods

Also you should inquire of wifes, strayes, and felons goods. Waifes are Cattell stolen and weived out of the possession of him that stole them, and straies are Cattell straied out of their haunt, and that they ought to bee seised upon to the Lord's use...

Treasure troves

This doesn't appear in the Preston records

The Charge to the Jury of a Court Baron contains slightly different enquiries.