Stretford Manor
Leet Organization fot Stretford Manor in 1774 (DDTR/Box22). By this time the Preston Court Leet was only infrequently held.
The Charge
Gentlemen of the Jury. As justice and peace are the Great foundations of human happiness so the advancement and preservation of them is or ought to be the end or design not only of our meeting together at this time but of all Government Laws and Courts of Judicature whatsoever.
Gentlemen all administration of Justice was originally in the Kings ??? But afterwards for the greater ease and benefits if the subjects these courts wherein we are mett were ordained and they are of very great antiquity being in use long before the Norman conquest and were instituted for many good and wholesome Ends and Purposes. 1st. As for the Court Leet in this of ancient times every inhabitants within a vill found sureties for his good and peaceful demeanure hence it is called the View of Frank Pledge. 2ndly. Every one above the age of 12 yrs that decided within the Precinct of this Leet was bound to appear at it that they might hear and learn the law by which they are governed and also might here be sworn to be true and loyall subjects to the King.
And as for the Court Baron in this of Antient time the Tenants used to pay their homage & ffealty to their Lords by which they engaged themselves in the most solemn manner to be faithful to him and truly to tender to him his due rights and although time.
Directions for holding a Court Leet
There being very few Court Leets at which there is not also at the same time kept a Court Baron for the Manor the succeeding Method is therefore suited for that Purpose but may be easily varied if occasion require.
1st. Make the Cryer or Bailiffe to make three Proclamations of Oyes, Oyes, Oyes, and say
All manner of Persons that owe Suit and Service or were Summoned to appear at this Court Leet and Court Baron of the Right Hon_ble Geo: Harry Earl of Stamford here holden this day for the Manor of Ashton Underlyne let them draw near & give their attendance and everyone answer to his name as he shall be called upon Pain and Perrill that may fall thereon.
2nd. Call over the Roll of Suitors & after all are called Set the Bailiffe make Proclamation and say.”You good man that have made default answer to your names and save your ffines”; and so call over the Defaulters. If they don’t all appear let the Bailiffe make a Third Procamation and say “You good Men that have made default answer to your names at this third and last call and Save your ffines.”
Then Impanel the Jury, and after Proclamation made by 3 Oyes’s call them thus. “You good Men that are Impannelled and Returned to serve our Sovereign Lord the King and the Lord of ths Leet (or Court) on the Grand Inquest draw near and Answer to your names as you shall be called.
If the Jury all appears. The Administer the following oath. “You as foreman of this Inquest shall diligently Enquire and True Presentment make as well of all such matters and things which shall be given you in Charge as of all other matters and things which shall come to your knowledge touching the Present Service the Kings Councel your own And your fellow shall conceal a keep secret, you shall Present nothing for Malice hatred or Evil Will nor leave anything unpresented for love ffavour or affection gain reward or hope thereof ….
Tenants to sell without Lycence: If any Tenant Mortgaged or sold his Tenemt. without having notice to the Lord and having his Consent is here enquireable that so the Lord may have Conuzance who is his Tenant and from whom to have his Tents & Services.
ffishing: If any Person have ffished ffowled hawked or hunted within the Lords Demesnes or Elsewhere within the Barony without the Lords Lycence you shall present the same.
Suit of Court: Gentlemen you shall enquire if all Persons that owe suit ans ervice to this Court have appeared and done the same and Present the Defaulter to the End they may be amerced?
Rents: You shall also Enquire if any rents, Dutys, Customs, or Services, due to the Lord of the Manor be detained, Concealed or withdrawn and Presnet the same, and the Persons by whom, and out of what Lands Issuing.
Mills: If any Tenant or Subtenant withdraw their suit from the Lords Mill by not Grinding their Corn there as they ought to de, you shall Present the,.
Encroachmt: If any of the Lords Lands be withdrawn or Concealed from him or occu[yed withou his Lycence, or if any Incroachment be made of the Lords Soile, or if any Person or Persons have digged or done any Trespass on the Common you are to Present the same.
Escheat: If any Lands be fallen to the Lord by way of Escheat as by the death of the Tenants without Heir, or by the Tenants being attained or outlawed of ffelony you are to Enquire of and Present the same.
Heriots: If any Tenant of the Manor be dead since the last Court whose death is not yet Presented as you believe, you are to Present the same, and also what advantage accrewed to the Lord thereby as Heriots or otherwise, and whether the same have been duly tendered him.
Tenants selling without Lycence: If any Tenant have Mortgaged or Sold his Tenemant without giving notice to the Lord having his Consent it is here enquireable that so the lLord may have conuzance who is his Tenant and from whom to have his Tenants & Services.
Treasure: If any Treasure have been found hid within this Barony or if any Waifs or Estrays, fellons Goods or the like Royalties have happened you shall Enquire of and Present the same.
Wast: Also you shall Enquire if any Tenant within this Barony have Comitted any Wast in Pulling down any House or Buildings or Suffering the same to decay in Cutting down any Timber Trees and the like and Present them.
Tenants to uphold their Buildings: You shall Enquire if all Tenants and ffarmers within the Barony do Sufficiently uphold their Buildings and Tenements, for every Tenant is Obliged to three things. 1st. That he shall be a True Tenant to his Lord. 2nd. That he Sufficiently repair his Buildings and thirdly that he pay and do all his Suits Cusoms and Services at his Days assigned.
Ways: You shall Enquire if all Highways and Byways within the Precinct of this Leet be kept in good and Sufficient Repari and Present all Defaulters.
Hedges & Ditches: You shall also Enquire if all the Hedges and Ditches next Adjoining to the Highways be Sufficiently Scoured and repaired so that Persons may have a mre Easy and Ready Passage and Present all Defualters therein.
Dung: If any Person lay any Wood Muck or Carrion or the like in the Streets or Highways whereby the Passage is Straightened or Persons otherwise anoy'd by the ffilth and Stench of it this is a Common Nusance and here Enquireable and if any Soile be cast into the Highway, or Street and Suffered to remain there the Offender fforfiets Twelve Pence for every Load and you ought to Present it. 18 Eliz:10
Ways diverted: You shall also Enquire if any Antient Comon way be Stopped or diverted or if any Antient Causeways be broken or decayed and who ought to repair them and Presnt the Defaulters.
Horses infected: If any Person have just any Uncommonable Beast such as Hogs Stoned Horses or Horses infected with the Mange or Scabb on the Comon the owner fforfiet 10s and it is here Enquirable. Stat 32 H 8:13.
Encroachment: If any have Inclosed any Lands which used to lye Comon or have made any Encroachment on the Commons or Wast Grounds or Gathered any Dung ot Digged or done othere Trespasses on the same without the Lords Lycence you shall present them.
Inmates: If any Occupyers of any Cottage shall place or Willinglt Suffer any Inmates of ffamilies to Dwell in any one Cottage he fforfeits 10s for every Months Residence of such Nucance to the Lord of the Leet and you ought to Present it.
Watering flax or hemp in the streams: If any Person shall Water any fflax or Hemp in any Running Water, and Common Watering Pond where Cattle used to Drink you are to Present them and the fforfeiture is 10s by Act of Parliament for every offence. Stat 33:H:8:6:17
Victuals: If any Butcher ffisherman or others sell any Corrupt Meat or Victuals not wholesome for Mans Bodies it is a Common Nucence and here Enquirable.
Sells victuals at certain prices: If any Brewers Bakers Butchers or the like Tradesmen shall Conspire or make any Covenant Promise together not to sell their Victuals but at such certain Prices this is here enquiranble. Stat 2: Edward 6: 6: 15 & sevear Penalty laid on it.
Under measure: You shall also Enquire if all the Ale house keepers & Victuallers within this Leet have duly kept the Assize of Bread and Ale and have Sold according to theRate & Price of Grain and that which is wholesome for Mens Bodies and also have sold by Measures Sealed and not by other Small & Under Measures and Present all Defaulters herein.
Leather: If any Butcher shall Cut or Gash any Hides or shall Put to Sale any Putrifyed Hyde you are to Present them.
Weights: You shall also Enquire if any Person have used any false Weights or Measures or double Measures and weights a greater to Buy by and a lesser to sell by in deceipt of the Kings People and Present the same.
Meers: If any Person or Persons have removed any Antient Meer Bounds or Marks set the Distinguishing one Mans Land from another you are to Present them.
Pounds: If any Distress duly Impounded have have been taken thence without due Course of la, this is a Pound Breach and here Enquirable.
Rescues: If any of the Lords Officers or other officers have duly Seized or distrained any Goods and the same have been rescu'd from them, you are to Present the same and the Persons by whom the recues was made.
Officers: You shall also Enquire if all Constables Bailiffs Overseers of the Poor Surveyors of the Highways and other Officers within your Limits have well and duly Executed their Several Offices and Present the defaulter.
Orders: You shall also Enquire of all Defaults here fformerly Presented & of Pains set whether they have been Sufficiently amended According to the time limitted & if all Bylaws & orders heretofore made by this Court have been duly kept & observed & Present all Defaulters therein.
And if there be any other matter or thing which either by the Law of the Land or Particular Usage of this Place is here Enquirable and by me Omitted to be Given you in Charge You are also to Present the same.
End of the Charge: Gentlemen I have now done with the Matters of your Charge & shall Trouble you no ffurther only to Remind you, that the Safety of Publick good, the Welfare and Peace of your Neighbourhood & Country depends much upon the ffaithful Discharge of your Duty and therefore I hope you'l be Careful to make your Enquiries and Presentment with that Diligence Truth and Impartiality which your Oaths and Consciences Obliges and Directs you to do.
Generally not used: If any one can Inform the Steward of this Court (or this Inquest) of any Treason ffellony Nuscance Breach of the Peace or any other Matter or thing now Given in charge or here Enquirable et them come into Court and they shall be heard.
Then it is usual to adjourn the Court till after Dinner by Proclamation thus. All maner of Persons that have any thing more to do at this Court Leet (or Court Baron) of the Right Honourable Geo: Harry Earl of Stamford here hold on this day may depart hence and appear here again at _____ of the block in the Afternoon until which time this Court is Adjourned.
After dinner the Court may be called again by Proclamation thus. All manner of Persons that owe Suit and Service (or have anyhing more to do) at this Court Leet here holden this day & were Adjourned over to this Hour let them come into Court and give their Attendance.
When the Jury have ffinished their Peans or Presentments Call them all over, and Demand if they be agreed in the Virdict; afterwards ask them if they be Contented that their Presentments may be Altered and Amended as to matter of fform not Varying in Substance.
It is usual & necessary Unless the Jury in their Presentments Tax the Sum of their Amerciaments, to Swear Two Persons to tax and Affear the same thus.
The fform of the Appearers Oath
You shall Truly and Indifferently Tax and Affeer all Pains and Amerciaments in this Court here Presented you shall Spare no Person for Love ffavour or Affection or Heighten anyone for Evil Will Hatred of Malice but According to the Nature of every Mans Offence You shall Tax his Amerciament. So help you God.
When all the Business is done Adjourn the Court thus.
All manner of Persons that have anything more to do at this Court Leet of the Right Honble Geo: Harry Earl of Stamford here holden this day let them Give their Attendance or otherwise they may Depart hence and appear here again or Else where upon new Summons until which time this Court is Adjourned.
Constable Oath
You shall well and Truly Serve our Sovereign Lord the King and the Lord of this Leet in the Office of Constable in and for this Borough of ___ for one whole year now next Insuing or until amnother shall be Swore in your ____ according to the best of your Knowledge and Judgmt. So help you God.
Bailiffs Oath
You shall Swear that to the best of your Knowledge & Power you will well & Truly Execute the Office of Bailiffe for the Borough of Alt. during so long time as you shall Continue therein. You shall do your best endeavour to Execute all such Summons, Precepts, Process, Executions and Orders as shall be Directed and Delivered to you and make due return thereof to this Court, and in all other things Relating to the S. Office you shall Justly and Honestly Demean yourself. So help you God.
Assessers Oath
You and every of you shall ffairly and Impartially Lay and Assess all Lays Taxes Aids Impositions and Assessmts to be laid Taxed Imposed & Assessed on the ____ Inhabitants within this Manor for the year Ensuing or until others shall be Swore in your room According to the best of your Knowledge and Judgment. So help you God.
Examples
Watering fflax or hemp in the stream. Residence of such nuisance to the Lord of the Leet and you ought to Present it. If any Person shall Water any fflax or Hemp in any Turning Water or Common Watering Pond where cattle used to Drink you are to Present them, and the fforfeiture is 10s by Act of Parliament for every offence Stat:33:H:8:6:17
Victuals. If any Butcher ffisherman or others sell any Corrupt Meat of Victuals not wholesome for Mans Bodies it is a Common Nusance and here Enquirable.
Sell Victuals at certain Prices. If any Brewers Bakers Butchers or the like Tradesman shall Conspire or make any Covenant or Promise together not to sell their Victuals but at such certain Prices this is here enquirable. Stat:2: Edwd. 6th: 6: 15 & a severe Penalty laid on it.
Horses Infected. If any Person have put any Uncommonable Beast such as Hogs Stoned Horses or Horses infected with the Mange or Scabb on the Common the owner fforfeits 10s and it is here Enquirable. Stat 32 H: 8: 13.
Encroachment. If any have Inclosed any Lands which used to lye Common or have made any Encroachment on the Commons or Wast Grounds or Gathered any Dung or Digged or done other Trespasses on the same without the Lords Lycence you shall Present them.