A TREATISE ... CONCERNING ... THE METHOD FOR KEEPING A COURT LEET
(By John Wilkinson, of Bernard’s inne, gent., London, 1638)
(From Court Rolls of the Honor of Clitheroe. Ed., W. Farrar, pp. xiii-xviii)
[Extracts]
Affrays and Bloodsheds
... You shall therefore first inquire if any man within your inquirie haue broken the peace, or made any affray or bloodshed. If any haue offended herein, you must present him or them, and the manner of it, with what weapon, for that it is forfeit to the Lord of this Leet, and the offender or offenders are to be fined for such offence.
Rogues
These persons by particular are said to bee by the Statute rogues, viz., Proctors of Spittle houses, Patent gatherers, or Collectors for Gaoles, prisons or Hospitals, Fencers, Bearwards, common Plaiers of enterludes, Minstrels wandering abroad, Glassemen, Saylers, Souldiers, Schollers, and all other idle persons which goe about begging.
Stocks
Also for the punishment of these offenders, you shall inquire if there bee in euery 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 V pounds.
Artillery (33 H. 8. ca. 9)
Also you shall inquire whether eueryone haue Bow and Arrowes according to the Statute, or no: for euery man child from seven yeeres old to seuenteene ought to haue a Bow and two Arrowes, and euery man from seuenteene to three score ought to haue a bow and foure arrowes, vpon paine of vjs viijd for euery default: and parents ought to provide them for their children and masters for their seruants with their wages, or else they ought to undergoe the penaltie thereof.
Butts, 33 H. 8
And also that for the exercise of Archers in shooting at times convenient, there ought to be buts made in euery Tything, Village, and Hamlet, or else the Tything, Village, or Hamlet ought to lose xxs, for euery three moneths wanting Butsthere.
Plays or Games, 33 H. 8
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, quoits, bowles, or such like: in this case the house keeper loseth for euery day forty shillings, and every player vj viij for euery time.
Also Constables ought to search monethly for such unlawfull games and disorders in alehouses vpon paine of fortie shillings, and they may arrest such as they find playing at unlawfull games, and commit them to ward vntill they put in sureties not to play any more at any vnlawfull game. No man may play at any vnlawfull game insatiably, unless hee can dispend C pounds per annum in lands, fees, or offices, for life at the least: and hee may not play neither in any open place where euery one that will may see him, but in his house, or in his Orchard or Garden, vpon paine of vj viij for euery time. Except in the Christmas time; for then all men may play.
Shooting in Guns, 33 H. 8, ca. 6
Next you shall inquire of such as shoot in hand gunnes or cross bowes; for no man may shoot in them vnlesse hee can dispend C pounds per annum in lands, tenements, officers, annuities, or fees, neither may those shoot at any Pheasant, Partridge, Herre, Duck, Mallard, Housedoue, Pigeon, Wigeon, Teale, or Heathcock, vpon paine of x pounds for euery shoot.
Highways
Next you shall inquire whether your high waies bee sufficiently amended and made passable, as they ought to be, or no; for to that end and purpose there ought to be two Superuisors chosen in euery Parish, between Easter and Midsomer, by the Constables and Church wardens; and there ought to be six days appointed for amending of highwayes, eight houres eury day, vpon paine of xxs to bee lost by the Superuisors. And every one that hath a cart to send two able men with it, with tooles fit for that seruice, or else to lose twelve pence for euery day wanting. And they ought most chiefly to amend the wayes leading to Market Townes; and they may gather stones in any man’s grounds, and also digge pits of ten yards square in any man’s seuerall for stones and rubbish (if it be needful), filling the same vp againe, without danger of Law. And they must turne springs, if they can, out of the high wayes; and trees and hedges which hang ouer the King’s high wayes must be cut and shredded, vpon paine of xs for euery default.
Purprestures and Assarts, 18 Eliz. 2
Next you shall inquire of Purprestures and Assarts, and that 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 annoy them.
Bounds and Marks
Also you shall inquire whether any mearestones or stakes bonds or markes, betweene this Lordship and any other, or betweene tenant and tenant, hath bin remoued since the last law day, or before, and not set in the vsual place again: if there be any which haue offended herein, you must present them.
Highways or Footsteps (Footpaths)
Also if any high wayes or footpathes to Church, Mill, or Market bee stopped or hedged vp, which haue beene accustomed to lye open, you must present him or them which shut it vp, for the King’s subjects must not be stopped of his lawfull passage to Church, Mill or Market.
Common Bridges Broken
Also if any Common Bridges ouer Common Streames bee broken, that by reason thereof the King’s subjects cannot pass about their affaires and businesses, you must present those which ought to make them, vpon a paine.
Common Pounds Broken
And also if common pounds bee broken, so that they will hold no distresse that is brought to them untill they bee deliuered thence by order of law, you must present those which ought to make such pounds, vpon a paine.
Sleepers by Day and Walkers by Night
Also you shall 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 seuerall Ponds or Waters, Hennes from Henhouse, or any other thing whatsoever, for they are ill members in a Common wealth, and deserue punishment: therefore if you know any such, present them.
Eavesdroppers
Also you shall inquire of Eues droppers, and those are such as by night stand or lye harkening under walles or windowes of other men’s, to hear what is said in another man’s house, to the end to set debate and dissension between neighbors, which is a very ill office: therefore, if you know any such, present them.
Forestallers, Regraters and Ingrossers
Also you shall inquire of Forestallers, Regraters, and Ingrossers, euill members in a Commonwealth.
A Forestaller is hee which buyeth or causeth to be bought any victualls whatsoeuer going to any Faire or Market to bee sold, and maketh any bargaine for the buying thereof before the same bee brought into the Faire or Market, or doth make any motion for the inhancing of the price of any victuals, or doth mooue or perswade any person comming to the Faire or Market with victuals, to absent and forbeare his comming thither with any victuall to be sold there.
Regrator is hee that getteth into his hands in any Faire or Market any Corne, Tallow, or Candles, or any dead victuall whatsoeuer, brought to any Faire or Market to be sold, and doth sell the same againe in any Fair 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 bonde or bill of Corne growing in the Fields, or any other Corne, Graine, butter, Cheese, Fish, or any other dead victuall whatsoeuer to the intent to sell the same again for profit.
For the first offence they ought to haue two moneths imprisonment, without bail or mainprise, and forfeit the value of the goods bought and sold.
For the second offence they ought to haue halfe a yeeres imprisonment, and to forfeit double the value of the goods bought and sold.
And for the third offence they ought to be set vpon the Pillorie, and to lose all their goods and chattels, and bee imprisoned during the King’s pleasure.
Butchers
No butcher ought to sell in any open Fair 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 keep men dry of their legges and feet.
Tanners
Also you shall inquire of Tanners that haue vsed 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 or peece of Leather to sale, before it be well dryed, marked, and sorted, and then sold in open market, or that hath tanned any sheep-skins.
Bakers
Also you shall inquire whether the bakers doe their duties or not, in 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 next adioyning, not changing the assise of Bread, but by six pence in weight in increasing or abating; and if they doe the contrarie, and be thereof duly conuicted, then for the first, second, and third time they shall bee amerced after the quantitie of their fault, and shall lose from time to time their bread so found too light in weight; but if they shall bee found faultie herein the fourth time, then they must be set vpon the pillorie in open market, whose punishment may not be released for gold or silver.
Also a baker must set his own proper marke vpon euery loafe of bread that hee maketh and selleth, to the end that if any bread be faultie in weight, it may be then knowne in whom the fault is.
Brewers, 5 H. 3. 51 E. 3
Also you shall inquire of Brewers and Typlers whether they make good and wholesome ale and beere for man’s bodie, 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.
Fishers, 25 H. 8 ca. 7. 31 H. 8. ca. 2
Also you shall inquire of Fishers whether they doe their duties or no, in bringing to the Market such fish as is good and wholesome for man’s body, and not corrupt or stinking, and there sell the same at reasonable prices, without taking of any excessiue gains, but onely for euery twelue pence bestowing one penny cleere gaines ouer and beside their charges; and if any Fisher shall doe the contrarie, then he shall be grievously amerced from time to time, and his Fish, if it be corrupt and stinking, to bee taken from him and openly burned in the Market.
Also no man ought to fish with any Net, or Engine, angling onely excepted, but with such Net or Trannell as euery mesh shall be two inches and a half wide, except Nets onely to take Loches, Mennas, Bulheads, Gudgions, eeles, and none other Fish, vpon paine of XXs for euery time offending, and losse of the fish and the unlawfull Net.
False Weights and Double Measures, 51 E. 3
Also if any within your inquirie shall vse any false Weights or double measures in deceiving of the King’s subjects in buying with a great measure, and in selling with a lesse, the offender therof therein shall be grieuously punished and imprisoned vntill he hath made fine with the King for his offence.
No man ought to sell any corne, ale bread or wine but by a measure sealed with this letter H., vpon 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, and the measure not sealed to be broken, all which forfeitures are to the Lord of the Libertie where such offence is committed, and if it be in a citie or borough, then it is to the maior and communaltie.
Hunting Dogs
No Lay man may lawfully keepe any Greyhound or Hunting Dogge, Ferrits, or Nets, vnless he can dispend fortie shillings per annum, Freehold: nor no Spiritual man, vnlesse hee can dispend ten pound per annum of spirituall promotion, vpon 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 for euery time they bee drunke Vs to the vse of the poore of the Parish where the offence is committed; if not able, then after connuiction thereof they ought to sit six houres in the Stockes.
Waifs, Strays and Felon’s Goods, 18 E.2
Also you shall inquire of waifes, strayes, and felon’s goods. Waifes are Cattell stolne and weiued out of the possession of him that stole them, and straies are Cattell straied out of their haunt, and they ought to be seised vpon to the Lord’s vse, and to be wreathed and put into an open place, and not in a couert, to the end the owner may have the view of them, and they must be cryed at three market towns next adioyning to the place where they are straied; and if they be not challenged within a yeare and a day, then they belong to the Lord of the soile where they are, by the Law, otherwise not.
Which is all manner of felon’s goods which may (presently) after the felonie is knowne to be committed, be seized vpon, but not taken away, but left with the towneship, for the felon must haue his finding out of it so long as he liues vnconuicted or attainted; but when he is conuicted or attainted, his goods they properly belong to the Lord of the Leet, if he have words for it in his Charter, otherwise they belong to the King.
Treasure Trove
Also you shall inquire of Treasure troues, either vpon the ground or within the ground: for if any hath been found within the jurisdiction of this Court, it belonged to the Lord of this Leet or Law day.
And to conclude, if there shall any other thing come to your knowledge meete to bee presented, and by any omitted to bee giuen in charge, you shall as well inquire thereof and present it as the rest.