From the following ancient and somewhat lengthy document or lease, much interesting matter may be gleaned, and for that reason it was deemed better to give it unabridged:—

“To all Christian people to whom this present writing shall come the Dean and Chapter of the Cathedral Church of Christ of King Henry the eighth’s foundation do send greeting in our Lord God everlasting: Whereas we the said Dean and Chapter by our Indenture of Lease, sealed with our common Seal, bearing date the sixteenth day of July, in the three and fortieth year of the reign of our sovereign lady Elizabeth (1601), late Queen of England, &c., did, as much as in us was, demise, grant, and to farm, lett unto Thomas ffleetwood, of Caldwich, in the County of Stafford, esquire, all our Court Leets and view of franchpledge within our parsonage and manor of Kirkham, in the County of Lancaster, or in either of them, or to, or with them, or either of them used, occupied, incident, or belonging appertaining, with all and every thing (singular) there appertaining, also the keeping of the Court Barons there, and all waifs, strays, treasure trove, deodands, felons’ and outlaws’ goods, forfeitures, fines, amercements, serving and executing of writs and processes, and all royalties, liberties, perquisites and profits of Court Leets, all commodities and advantages whatsoever to the same Court Leets incident, due, or in any wise belonging, or which heretofore have been, or of right ought to have been, had and enjoyed by us, the said Dean and Chapter, or any of our predecessors, or any other person or persons by or by means of our estate, right, or title to the same or any part thereof, in as large and ample manner as we, the said Dean and Chapter, or our successors, may or ought to have or enjoy, together also with the Stewardship, office of Steward, or authority for appointing the Steward for the keeping of the said Courts; And also the profits of all and each of our fairs and markets to be kept at or within the said manor and parsonage of Kirkham; The Courts of Pipowder; And all manner of Toll and Stallage—That is to say, Turne-toll, Traverse-Toll, and Through-Toll, and all manner of payments, fines, forfeitures, fees, sums of money, with all other kind of profits and commodities whatsoever, which do or may lawfully accrue, arise, come, or be due, unto us, the said Dean and Chapter, our successors, or assignees, by reason of any fair or market, or fairs or markets, which hereafter shall be kept within the manor or parish of Kirkham aforesaid; And half an Oxgang of Land, called by the name of the old Eworth, with so much of the late improved Common in Kirkham aforesaid as was allotted, used, or occupied, or ought to be used, allotted, or occupied to or with the said half Oxgang; One Burgage house with the appurtenances in Kirkham aforesaid, now in the tenure, holding, or occupation of one Thomas Singleton and William Kitchen, or the one of them; One Croft called the hemp garden, certain grounds, called the Vicar’s Carrs, set, lying, and being in Kirkham aforesaid; One house built upon the waste in Kirkham aforesaid, commonly called or known by the name of the moote hall, with all shops underneath the said moote hall, and all the tythes of the new improvements not formerly demised within the said manor or parish of Kirkham, or within the liberties thereof; And all encroachments within the same manor—That is to say, all such arable lands, meadow, pasture, woodlands, furzeland, heath, and marshland, and all other such vacant and waste land, as is or hath been heretofore by any man encroached or taken to his own use by the making of any hedge, pale, wall, ditch, or other mound, out of the lands belonging to the manor of Kirkham aforesaid, without the special license of the said Dean and Chapter, with all and every ways, booth-places, stall-places, liberties, easements, profits, commodities, and advantages to the said messuages, lands, tenements, houses, grounds, encroachments, tythes, hereditaments, and also the premises or any of them belonging or in any wise appertaining (except as in our said Indenture of Lease is excepted and reserved). To have and to hold the said Court Leets and the keeping of the Court Barons, profits of fairs and markets, messuages, lands, tythes, and all and every other the before-recited premises by that our said recited Indenture of Lease demised, or mentioned, or intended to be demised, with their and every of their appurtenances (except as is aforesaid) from the feast day of the Annunciation of the Blessed Virgin Mary last past before the date thereof, for and during the tenure and unto the end and term of one and twenty years then next following, fully to be completed and ended. In our said Indenture of Lease (amongst other things therein contained) it is provided always that it shall not be lawful to nor for the said Thomas ffleetwood, his executors, administrators, or assignees, to lett, set, or assign over to any person or persons the demised premises herein contained and specified, or any part or parcel of them without the special license of us, the said Dean and Chapter, or our Successors, in writing under our common Seal thereunto first had and obtained. The estate, right, tythe, interest, and term of years yet in being of the said Thomas ffleetwood, are now lawfully come unto the hands and possession of Sʳ Richard ffleetwood, of Caldwich, knight baronet, and baron of Newton, within the said County of Lancaster, son and heir, and also executor of the last will and testament of the said Thomas ffleetwood, lately deceased. Know ye now that we, the said Dean and Chapter, of our common assent and consent have licensed and granted, and by these presents for us and our Successors do license and grant that from henceforth it shall and may be lawful to and for the said Sʳ Richard ffleetwood, knight baronet, his executors, administrators, or assignees, or any of them, to lett, set, or assign over the said demised premises and every one of them and any or every part or parcel of them with the appurtenances unto John Clayton, James Parker, and John Wilding, of Kirkham, in the County of Lancaster, yeomen, their executors, administrators, or assignees for and during all the residue of the said term of years yet in being, to come, and unexpired, the said proviso, or anything else, in our recited Indenture of Lease contained to the contrary, Provided always that all and every other covenant, clause, article, exception, reservation of rent, payment, condition, and proviso, in that our recited Indenture of Lease comprised shall stand, remain, continue, and be in its, and their, full power, force, and effect, as if this our present license or deed in writing had never been, had, nor made. In Witness whereof we, the said Dean and Chapter, have hereunto put our common Seal. Proven in our Chapter house at Oxford the fourth day of December in the years of the reign of our sovereign lord James, by the Grace of God king of England, Scotland, ffrance, and Ireland, Defender of the Faith, &c.—That is to say, of England, ffrance, and Ireland the eleventh, and of Scotland the seven and fortieth.”[151]

There is an old deed in the bailiffs’ chest, bearing the date 1725, and evidently a summary of charters, powers, etc., drawn up in order to be submitted to the inspection of some legal authority, whose opinions on different points are appended, from which it appears that from the earliest incorporation of the town it had been governed by two bailiffs and twelve burgesses in common council assembled, who were annually chosen within the borough, and that they “usually assessed such persons, not being free burgesses in the same borough, as had come into and exercised trades within the borough (whether they had served apprenticeships to such trades or not), in and with such reasonable annual payments to the Corporation as the bailiffs and burgesses thought fit”; persons born in the borough were treated in a similar manner. The bailiffs inflicted penalties on all breakers of the peace, the amount of fine imposed being regulated according to the condition of the offender, thus an esquire was mulcted in 40s., a gentleman 10s., and anyone of an inferior grade 5s. Profane cursing and swearing also came under their jurisdiction. The collection of freedom money from traders commencing business in Kirkham was a somewhat questionable act on the part of the local rulers, and indeed they themselves were evidently troubled with doubts as to their right to levy the tax, for the muniment chest contains several opinions of eminent counsel as to the validity of such a course. In 1738 a person named William Marsden started as a tanner in Kirkham, and obstinately refused to purchase his freedom or close his premises, but, at the end of twelve months, the assembled bailiffs and burgesses instructed and authorised the town or borough serjeant to collect and levy the sum of two shillings and sixpence upon the goods and chattels of William Marsden, by distress and sale. This impost was abolished during the latter half of the eighteenth century. The bailiffs formed part of the Court Leet held annually in the seventeenth century and were elected from amongst the jurors. Subjoined are a few extracts from the minute book of the “Court leet of frank pledge of yᵉ foundation of Henry VIII.,” as it is styled in one place:—

“Oct. 1681.

The court leet houlden at Kirkham yᵉ day above written by Tho. Hodgkinson Stuart.

“Juriars

“Bayliffes