NANTWICH SALTMAKING IN THE SEVENTEENTH CENTURY. [G D Twigg Jan 99]
The Administration of the Rules of Walling by the Manor Court
Transcription of a search of the Court Records by learned counsel in 1696
CHESHIRE RECORD OFFICE.------- CHOLMONDELEY PAPERS [GDT 1990] Reference DCH/Y/15. Case Papers for High Court Action "Cholmondeley et. al. v. Samuel Acton, re. a Brine Pit" 58 documents, 1696-1700.
Bundle of unclassified documents, being the case papers for the High Court action brought by Lord Cholmondeley, and other owners or occupiers of walling in Nantwich, against Samuel Acton who made his own brine pit on land, probably south of Welsh Row, which had either never been or was no longer considered to be walling land.
A rapid initial search indicated that most of the documents contained lengthy legal opinion by learned counsel. Selected for further study was a long statement by Samuel Acton of his case and some barely readable rough notes which referred to many dates over the previous century. The following pages contain a transcription of the latter which appear to be the results of a search of the Nantwich Manor Court Rolls for items relating the Rules of Walling.
EXTRACTS FROM THE NANTWICH MANOR COURT ROLLS - 1592 to 1691
Notes made by learned counsel while searching the Nantwich Manor Court records for judgements relating to infringements of the Rules and Customs of Walling. This was probably done to establish legal precedence for the case being brought against Samuel Acton. Since these documents have been preserved with the Cholmondeley Papers they were presumably used to establish the case against Samuel Acton.
The notes were folded in the file as two separate documents and the different hands show them to be the work of two searchers. The longest document covers seven sides of four foolscap pages, while the other occupies both sides of a single foolscap page.
The first document is contained in Parts I and II of the transcript and in this our 17th C. searcher has gone through two types of court record. Part I relates to a series of court rolls while the information in Part II comes from an "old book" of court records specifically related to walling. For some reason he has gone through the latter in a random date order.
The second document in Part III comes from two further series of record, called the Estreates and the Presentments. These appear to have run alongside the rolls and book of Parts I and II, since some entries are common to both documents.
The notes in the second document are in a smaller, sloping hand. The extracts from the Estreates form two columns (1 and 2) of the front side while the backside is as one column. The latter contains sections marked D, E, F, and G which could mean that these are a continuation from another page, now lost or tucked away elsewhere in the bundle. This seems likely, since there are obvious gaps in the transcript as a whole and a further search through the bundle at Chester could be worthwhile.
[Part I]
CHESHIRE RECORD OFFICE. CHOLMONDELEY PAPERS [GDT 1990]
Reference DCH/Y/15. Case Papers for High Court Action "Cholmondeley et.al. v. Samuel Acton, re. a Brine Pit" 58 documents, 1696-1700.
DCH/Y/15/1 EXTRACTS FROM THE NANTWICH COURT ROLLS. 1592 to 1691.
A lawyer's notes made while searching the Nantwich Manor Court records for judgements relating to infringements of the Rules and Customs of Walling. This was probably done to establish legal precedence for the case being brought against Samuel Acton. Since these documents have been preserved with the Cholmondeley Papers they were presumably used to establish the case against Samuel Acton.
Our 17th Century searcher appears to have gone through two types of court record. The first part of his notes relate to a series of court rolls while the information in the second part appears to come from an "old book" of court records which specifically concern walling. For some reason he has gone through the latter in random date order.
James Hall's History of Nantwich contains extracts from the Manor Rolls of 1592 and 1593, which he said were with the Wilbraham of Nantwich manuscripts, then at Delamere. He makes no reference to later years. There is a suggestion that many of the Nantwich records were destroyed at the time of the Civil War.
The left-hand margin of the notes in Part I contain the occasional reference to whether or not the fine recorded against a particular entry in the Court Roll had been "marked as collected". In the transcript these entries have been moved to within the format of the text and are within curved brackets. Transcription notes, extra to the text, are within square brackets. The complete manuscript covers seven sides of foolscap and being written on both sides of the paper, ink marks from the reverse side have "come through" and it is necessary to distinguish between these and the actual handwriting on the front. Furthermore it is clear from his comments that our Searcher in the 17th C. was himself having difficulty with his own transcription of the original text!. The halfpenny “ob” has been decimalised to aid typing.
[PART I]
[SIDE 1] Extract the 1st. [roll] Dated 23rd October 1592. cord Thomas Burroughs tem.. Seneschall.
Item of Thomas Robinson for that he hath not repaired his wich house according to a paine laide downe in this Court 39s...11.5d ( .... not marked as if collected 1592 ) Item of Margarett Mainwaring widd. for ...... of the same paine in not repaireing her wich house. 39s...11.5d.
2nd [roll] Dated 22nd day of October 1593
Item of Raphe Jackson's wife head waller to William Browne deced. for that the salt she made wanted measure according to a presentment made to the said Jury. 3s...4d
Item of Sisley Short for her offence therein 2s.
Item of Randall Horton's wife for the like offence, being a head waller 3s...4d
Item of Ales Wilkes for the like offence 3s...4d
Item Marga: Smith for her offence 2s.
Item Ellen Smith for her offence 3s...4d
Item Catherine Wilkes for her offence 2s.
Item Ales Browne for her offence 3s...4d
Item Margary Mason for her offence 2s.
Item of the said Ales Mason and Margary Mason for that they would not suffer the Leade Lookers to measure theire salt. Therefore of either of them 6s...8d
3rd [roll]. Dated 5th of October in the 16th year of James I over England. (5 Oct 16 James I . These not marked as if collected) Of Ellen Whittacres, servant to John Leigh, for making salt less than measure contrary to former paines. 3s...4d
Of Jane Horton, servant to the said John Leigh for the like. 3s...4d
Of Eliz. Eavans another of Lees servants for the like. 3s...4d
Of Ralndle Yeardley for not walling the sixt kinding in the Baron's Wich house in A...... having sufficient wood and cale of walling. Contrary to a former paine 10s.
Of Henry Maisterso for the like 6s.
Of Richard Symcowe for the like 10s.
Of John Thrush Gent for the like 10s.
Of Roger Wright of the porch Gent for the like 10s.
Of Roger Wright of Hospell Streete Gent for the like 10s.
Of Roger Wright of High Towne Gent for not walling the seventh kinding of the Baron's Wich in Ano Domini 1617 having sufficient wood and cale for walling. 10s.
Of John Gibbeons for the like 10s.
4th [roll], Dated 4th October Ano Jacob I xvij (1618) (17th James I None of these marked as collected)
Of Cicely Beckett servant to Thomas Billing for making salt less than measure contrary to a paine laide in this Court. 3s...4d
Of Cath Jeffes for the like 3s...4d
Of Elizabeth Wood for the like 3s...4d
Of Margarett J Hill for the like 3s...4d
Of Margery Crow servant to Henry Janyon for the like 3s...4d
Of Mary Balfore for the like 3s...4d
Of Elizabeth Walthall servant to Ralfe Elcok for not bringing a barrow of salt to be measured according to a paine this court
[ End of side 1 ] [SIDE 2] Of Eliz. Fletcher servant to Henry Bickerton for refusing to measure his salt and afirming that her master comanded her soe to doe 3s...4d
5th [roll] Dated Vicessimo ono die Martii xvii Jacob
(none of these marked as collected and the writing very dark) Of severall persons for kinding before the cry made 2s...6d apeice soe blind here I cud not reed it
6th [roll] Dated 17th die April 18th Jacob I
Of the wallers of Roger Wright of the High Towne for haveing fire in theire ovens before the cry was made contry to a paine formerly laide 2s...6d Of the Wallers of Richard Wilks the younger for the like 2s ..6d
Of the Wallers of Richard Horobyn for the like 2s...6d
Of the Wallers of Thomas Church for the like 2s...6d
Of the Wallers of Edward Tench for the like 2s...6d
Of the Wallers of Richard Venables for the like 2s...6d
Of the Wallers of Matthew Mainwaring for the like 2s...6d
Of the Wallers of Tobyas Tench for the like 2s...6d
Of the Wallers of Richard Wilks for the like 2s...6d
Of the Wallers of Randle Bryne for the like 2s...6d
Of the Wallers of Henry Wicksteed for the like 2s...6d
Of the Wallers of Richard Heyes for the like 2s...6d
Of Thomas Billins for Walling with Kidds contry to a paine formerly laid 39s...11.5d
Of Gilbart Woolam for the like 39s...11.5d
7th [roll] Dated septo die October 18th Jacob I
Nothing relateing to Walling contained in this Roll
8th [roll] Dated 16th die April xix Jacob I
Of Gilbert Woollam for WAlling with Kidds contry to a former paine laide in the court 39s...11.5d
Of the same Gilbert for the like another time 39s...11.5d
Of John Leigh for the like 39s...11.5d
Of the same John for the like another time 39s...11.5d
Of Margery Elcock for refuseing the Leave [Lead]Lookers to measure her salt contry to a former paine 20s
Of Margarett Merrick for making salt lesse than measure contry to a former paine 3s...4d
Of Eliz. Wood for the like 3s...4d
Of Margarett Green for the like 3s...4d
Of Cicely Beckett for the like 3s...4d
9th [roll] Dated 8th die October xix Jacob I
Of Margarett Chesswyss and Margery Cliffe wallers for Thomas Church for makeing salt lesse messure contry to former paines 3s...4d apeice
Of Catharine Dod and Margery Whittacres Wallers for Richard Hayes for the like 3s...4d apeice
Of Eliz. Walthall and Bridy Eavans wallers for Margery Blagg for the like 3s...4d apeice
Of Ann Symcock and Ann Carter wallers for Margarett Browne for the like 3s...4d apeice
Of Eliz. Wood and Cartarine Wallers for Richard Horobin for the like 3s...4d apeice
Of Richard Wilks the younger for that the eight Kinding of the New Year 1619 did wall two old days forth of the New Yeares Booke 1617. A night and a day out of an older Booke haveing noe right soe to doe 39s...11.5d
Of Richard Wilks for wrongfull bringing in of six Lead walling in the Baron's Wich 1620 and over Chasing the Ruler's Booke 39s...11.5d
Of the same Richard Wilks for bringyng the same sixleades the next halfe yeare following in the same kind 39s...11.5d
Of Margarett Browne for wrongfull bringing three leades over and above shee had to sett which did overcharge the Ruler's Booke 39s...11.5d
Of the same Margarett for the like the next yeare following 39s...11.5d
Of Widow Browne for walling a night and a day contry to Custome 2s...6d
Of Richard Wickstead the younger for that he refused to come to take his oath as one of Rulers of Walling being thereunto elected by the Jury 39s...11.5d
[End of side 2] SIDE 3
10th {roll] Dated 22nd Aprill xx Jacob I
Nothing relating to walling in this Roll
11th [roll] Dated 17th October xx Jacob I
Nothing relating to walling in this Roll
11th [roll] Dated 14th April, XXI Jacob I
(not marked as collected )
Of Gilbert Woollam for that he walled with Kidds three kindings contry to former paine 5lbs...39s...10d
Of Richard Gibson for the like 5lbs...39s...10d
Of John Lee for the like four Kindings 7lbs...39s...10d
Of Thomas Tench for the like four Kindings 3lbs...39s...10d
Of Margery Elcock for the like one Kinding 39s...10.5d
Of Richard Horobin for the like one Kinding 39s...10.5d
Of Gibt Willam for the like two Kinding more 3lbs...39s...10d
13TH [ROLL] 5th October, XXI Jacob I
Eliz. Yoxall Waller to Lawrence Wilks for that shee make the salt less than measure3s...4d
Two more for the like, (these names eate out) 3s...4d apeice
14th [ROLL] Dated 11th of Octob, XXII Ja: I
Of Catharine Dod for making salt lesse theire measure 3s...4d
(not marked as collected) Of Ann Golbourne for the like 3s...4d
15th [roll] Dat 10th October, I Carl I 1625
Of Margarett Lee for walling two days with borrowed wood contry to former paine. (not marked as collected) 10s
Of Margery Elcock for the like 10s
Of Margarett Steene walller to John Lee for under kinding the 1st Kinding before the first Cry was made contry to a paine laide in this Court 3s...4d
Of Eliz. Benjamin, waller to Edward Brayne for the like 3s...4d
Of Eliz. Deane, waller to Gilbert Willam for the like 3s...4d
16th [roll] Dat. 17th April, 2nd Carl I
nothing relateing to Walling
17th [roll] Dat. 10th Octob Sco Carl I
Of John Leigh for not makeing sufficient salt nor measure 6s...8d (marked as collected)
18th [Roll] Dat. 26th Martii tertio Carl I 1627
Of (Thomas Winington --erased) Mathew Bickerton and Thomas Wicksteed for walling in a wichhouse very dangerous to the towne in respect of fire, contry to a paine formerly laide in this court, on either of them 39s...11.5d (marked as collected)
[Part II] CHESHIRE RECORD OFFICE CHOLMONDELEY PAPERS [GDT 1990]
Reference DCH/Y/15. Case Papers for High Court Action "Cholmondeley et. al. v. Samuel Acton, re. a Brine Pit" 58 documents, 1696-1700.
[At this point in the manuscript, a line is drawn across the page and the following note has been inserted later and in a different hand. There is also a cross in the margin]
X An old book in which there are severall presentments about walling . It begins the 9th October 1609. A Book of Inventry of the Walling Pains -------------------------------------------
Manner Wic Malban Curtent 11th die April 1678 Orders of the Jury Whereas it appeares by the Complaints of the Rulers and other Lords of Walling within the towne that sevrall Lords and owners of walling have refused or neglected to bring in theire walling to the Rulers that thereby they every be informed of their sevrall Rites to the pitt by reason whereof not only the Rulers but his Majesty and the Church are much damnified thereby to theire yearely payments chargeable upon the walling aforesaid. Wee of this Jury doo therefore order that every person refusing to bring in theire notes to the present Rulers betwixt and the next Court upon pain that every Lord or owner soe offending shall lose the benefitt of one halfe yeld occupacon for all such walling as shall not bee brought in as aforesaid.
Curtent 19th April 75 Wee present Will Fleet junior for walling Mr Jon. Brooks walling and Amorte him in 39s...11.5d
Wee order and Injoyne the Rulers for this present yeare to measure all the Iron pans in the towne to the end they shall not exceed the Ancient measure of six leades proportioniebly with another and those that are found to exceed, the owners of them shall make them all of one measure or to bee stoped till they shall reforme therein. And the Rulers for theire neglect and conniveing upon complaint shall forfeit for every time so offending .. 39s...11.5d
The old Rulers being much out of pockett in makeing new pumps and the Jury orders the new rulers to make a Lay upon the owners and occupiers to reimburse them ...... [end of Side 3]
[SIDE 4] Curtent 13th May 1633 For as much as the Rulers for the last yeare were presented by the present Rulers for permitting Henry Wright to wall calewalling the sixt kinding last halfe this being Barons weeke. Upon a stoppage kinding the aforesaid Rulers for the laste yeare declared upon theire oaths that they did the same ignorently and not of purpose to prejudice any or infring the Custome of walling. It is this day therefore ordered by the Jurors that Henry Wright shall bring in 3 old daies to these Rulers now in being to certifie the said Booke for the last halfe yeare wherein the error lieth.
Whereas the Rulers aforesaid are likewise presented for selling to John Wilks one old night and day of foure of the occupacons of walling unknowne. John Thrush, John Sare and Ralph Wickstead three of the Rulers aforesaid have acknowledged to have sold the same night and day and bestowed the money to the use of the payments. Wee therefore the Jurors aforesaid do order that if any man can bringe proofe to whom the same night and day was or is dew, that they the aforesaid John Thrush, John Sare and Richard Wickstead shall make a valuable restitution to the party agreived for the aforesaid night and day.
MANNER de WICO MALBAN. Curtent Ibm xiii die Octob Ano tertio Eliz. Rne Extract Roll
& Robta Corbett Ar gr cepit ............................ ................................... 3s...4d
& Henrico Rope Ar pro Cousi 3s...4d
& Rado Brayne pro Cousi 3s...4d
Curtent 23rd April 1691 Mr John Brock and Mr Thomas Wickstead being Leave Lookers for not bringing in their presentments 2s a peice
Curtent 20th April 92 Thomas Wickstead for not makeing measure of Salt amerced in 1s
Curtent 23rd Octob 94 Thomas Stringer for placeing his walling upon the head of Thomas Nettles amerced 1s...4d
Curtent 25th Octob 95 Mr Samuel Acton for Enlargeing his pans above the ususuall bignes6d each paice
Thomas Wickstead for the like 6d each paice
Richard Linis for the like each paice 6d
Sevrall persons for haveing walling placed upon theire heads and not receiving the whole proffitts 6d apeice [end of side 4] [SIDE 5]
Mannor de Wico Malban
Curtent 26th Octob 1677 Whereas it appeares to us of this Jury that there were two Leades walling the Inheritance of Mr Roger Wright not entered in the Last yeares occupacon, wee of this Jury doe Allow unto the said Roger Wright the said 2 Leades walling to be walled as old daies, hee paying the taxes due for the same.
Curtent 24th April (54) Wee of this Jury doe order that every master or occupier of walling shall have one long ladder of 18 pinns or rounds in or about his wich house, there to be ready as occasions shall require before the next court, upon default thereof of 30shillings for every person soe neglecting. And the present fire lookers as also the succeeding ones are hereby required to see that this order bee putt in execucon and fully observed. And that there shall be noe such salt house without such ladder seavaen dayes togeather upon paine of tenn shillings upon such fire looker soe neglecting to execcute his office.
Wee of this Jury doe further order that the present Rulers of Walling shall within one moneth next following, call to theire asaistance eight or more of the sufficient and ablest masters of walling and with them to advise and conclude of what may bee the best advantage for the trade of salt makeing within this towne of Namptwich and what shall bee agreed of by them to be confirmed by the next Court, upon paine for default by the said Rulers, xx shillings apeice.
Curtent 7th May 1666 It is agreed upon by the Jury that Richard Timmes and John Chester and others Killers of Salt shall take an oath to Carry an Equall hand betwixt seller and buyer without partiallity upon paine of xx shillings apiece.
Curtent 27th April 1663 Richard Robinson gent. upon oath doth declare that one of the ancient six leades were three foote long and foure foote broad to the best of his Knowledge.
Curtent 18th Octob 1669 Wee order that the succeeding Rulers of walling shall not suffer nor prevent any masters of walling to mak salt in any pans but such as are att the right measure and gage of the two panns now in the hands of Mr Sabbath Church or his under tenant upon paine of 39s...11.5d
Curtent 7th May 1677 Whereas it appears that there is 216 Six Leades walling belonging to the pitt, wee order that the present or succeeding Rulers shall not suffer any more to be occupied and that noe occupier shall wall or make salt in any other pann or panns then such as by an order of the last Court were appointed on paine of 39s...11.5d apeice.
Curtent 8th Octob 1675 Wee of this Jury doe order that noe person or persons shall wall or make salt in any pann or panns exceeding the Continent of two panns now in the Custody of Eliz. Millington widdow and to Wheras the Rulers for the yeare past have permitted sevrall persons to wall and make salt in panns of A Greater Continent than formerly, wee of this Jury doe amerce the said Rulers in 13s...4d Apeice.
[end of side 5]
[SIDE 6] Curtent Octob 10th 1678 Wee order that any person when it cometh to his may bee permitted to wall in any other house, the owner of that house giveing the Rulers an amount under his hand
That any person who hath any walling upon his head may bee permitted to dispose of his Kinding to whom he pleaseth being an Inhabitant without the Censure of this Court.
That when any persons hath Kinded, that the Rulers shall accept of theire neate for old daies, though not of theire owne head.
That notice being given to any person to wall whose Kale it is and hee not observing it to loose his Cale for that time.
Curtent 23rd Octob 1654 In pursuance of an order at the Last Greate Court directed to the Rulers and eight masters of walling (see before on the other side), wee the Rulers and the rest have Agreed and Concluded :-
First that noe Lords of walling, Lessees, Tennants, nor any other whatsoever, shall sett or take any walling for any sett sume by the Kinding in regard of the prejudice that doth hereby accrue to the said occupacon and contry to the ancient fundementall questions. in paine for every offence 39s...11.5d.
Secondly for prevencon of the Common abuse by makeing of salt after the Limitted and appointed time, it is likewise agreed by the persons within mentioned that every master or occupier of walling in any Coalehouse shall imediately after draw forth and remove out of theire ovens all theire sevrall barrowes and that all walling with wood shall att the said appointed time take of theire true panns. Upon paine of 6s..8d Apeice for every fault.
Curtent 14th Octob. 1685 Wee present Sab Church, Thomas Bromhall, and Richard Horton rulers of walling for Illegall granting foure daies brine to Richard Linnis to the prejudice of the Lordes of walling and Amerce them in 5 apeice and further order that other Rulers shall not bee permitted to make any such like Grant of walling to any one. Upon paine of 39s...11.5d apeice, each consenting thereunto
Curtent 21 April 1656 Wee of this Jury doe order that the Rulers for the time being and theire sirvants shall pay theire porcon to all Lays for the use of the Brine pitt (one Lay of 6d Six Leades excepted). And alsoe that noe officers whatsoever shall hereafter bee chose of save such as either have walling of Inheritance or Lease for Lives or 7 yeares. And that noe Rulers shall have power to make any Lays for the use of the pitt without the Assistance of 6 or more ablest masters of Walling. Wee further order the present Rulers and theire servants to disburse the yearely proffitt of £2 [?] 6 Leades pauent walling on the pruvment in this towne, in paine of 39s...11.5d
Curten 1st May 1648 Wee order that all the heads barrows in this towne may bee made barrow barv..? wich all occupiers shall use in theire wich-houses and that every barrow bee according to the Standard in paine of 11s Apeice.
Curtent 26 April 1649 Wee order every master and occupier of walling henceforth make noe new Iron pans but att such sizes (to witt) In Length 3foote and 10inches, in Breadth 3foote and 4inches, In depth 6inches and not to bee permitt to wall in any other. [end of side 6]
[SIDE 7] Curtent 3 May 1658 Wee of this Jury order (and [think--erased] conceive it very meet) that it shall be lawfull for Robert Wright to conforme his worke and pannes for salt makeing to the best of theires in Middlewich and if it appears upon tryall that that way bee for the good of the occupacon here. Then it shall be lawfull for every occupier to practice the same.
Curtent 21 Octob 1661 Wee of this Jury order that the present Rulers shall not suffer any person or persons to wall in any pann not exceeding the quantity of 4 of the larger pans now in the possessionof Thomas Proudman, in paine of 39s...11.5d Apeice.
Wee order the present Rulers not to suffer any person to wall out of his owne house Contrary to the Ancient Custome. Upon the like paine.
Curtent 25 Octob 1647 The Rulers present John Crew for wrongfully walling 3 days of the Lord Cholmley inheritance. 39s...11.5d The said Rulers present Margarett Linn and Mary Cleys, wallers to Master Walthall, for keeping theire fires up to make salt after the Rulers had sett the whole towne that then walled. 2s..6d apeice
Margarett Steven and Mary Kerrey, wallers to Master Woodnatt, and Margrett Colley and Bridget Reed, wallers to Thomas Colley; for the like 2s..6d apeice.
The said Rulers doe present John Hall and Ellen his wife, and Margarett Carthwright theire waller for makeing of Light salt, and Richard Cowy for Killing the same and refuseing an abatement in the price. Amerced in 3s..4d.
Curtent 14 April 1673 Wee of this Jury order that noe person shall hereafter wall or make salt in any panns but such as are of the Just Double Gage of one pan now in the possession of John Millington on paine of 39s...11.5d.
Wee of this Jury order that the present Rulers shall not inhance the price of salt above 16d the barrow without the Assent Generall of the Lords of walling resident in Namptwich, upon paine of 39s...11.5d apeice.
Whereas the persons Wichhouses following haveing theire chimneys faulty to the Great Danger of themselves and the whole towne. viz :- One wichhouse being Mr Sab Church and Mr Hugh Delves, and Wee order that all the said Wichhouses chimneys be taken down and amended and make them up sufficiently and well to avoide the said danger of fire before they doe wall in the said houses againe. Upon penalty of 39s...11.5d apeice. Wee allow the said persons to have leave to wall in other Wichhouses till theire chimneys bee amended as aforesaid.
Wee present the persons following for haveing walling on their head. Viz: and etc. and walling for other persons and not themselves and amerce therein 13s..4d.
Whereas it appeares to us of this Jury that Mr John Brock, Mr William Hodgkes and Richard Deane three of the Rulers of walling have made a cry for a makeing meete of walling att A Lower number than ought to have beene considering the Great Number of old days, to the Greate Damage and losse of soe many Lords that have walling and noe Wichhouses, or have more walling till they can wall in the Wichhouses they have, or have Greate number of old days and noe wichhouses to wall them in. Wee of this Jury doe present the said 3 Rulers for theire soe doeing and doe amerce them in 20s Apeice.
Curtent 27 Octob 1673 Wee confirme a former order in referrence to the Gage of walling panns. Wee doe order that noe persons Imployed in casting of brine shall neglect or refuse to cast or pump brine for the necessary supploy of the sevrall Wichhouses for which they are Imployed according to the dictate of the Rulers for the time being, in paine of 5s apeice.
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[Part III] CHESHIRE RECORD OFFICE CHOLMONDELEY PAPERS [GDT 1990] Reference DCH/Y/15. Case Papers for High Court Action "Cholmondeley et. al. v. Samuel Acton, re. a Brine Pit" 58 documents, 1696-1700. Continued trancript of the rough notes relating to the Manor Court records. This forms Part III of the notes which is a separate document, written in a differant hand to Parts I and II. This is a single sheet of foolcap and the notes are entered as two columns on the front and as a single column on the back. As with Parts I and II items within curved brackets have been transferred from the left margin, while transcriber's additions are within square brackets. [PART III ] [ Front of document, first column ]
1 ( MANOR DE WICO MALBAN ) A particular of what is conteined in the Estreates and in the Presentments of Juries relating to Walling .... ---------------------------------
( A: 13th October tert Eliz. ) de Robert Corbett quia Copit Brine a le Brine seith Contd peng inds posite idsoin inison cordia 3s...4d ( This amongst Mr Bull's exhibitts ) -----------------------------------------------------
( .... 23rd October 1592. ........'s Exhibitts) Thomas Robinson for not repairing his Wichhouse amerced £1..19s..11.5d
Margarett Mainwaring the same £1..19s..11.5d note not constat whither collected -----------------------------------------------------
( .... Octob 1593. Collected ) Of Ralph Jackson's wife, head waller to William Browne deced. for not making due measure. amerced 0...3...4 Ciceley Short for the like 0...2...0 Randle Horton's wife for the like 0...3...4 Allice Wilks for the like 0...3...4 Margarett Smith for the like 0...2...0 Ellen Smith for the like 0...3...4 Cath. Wilks for the like 0..11...0 Allice Brewer for the like Margary Maisterson for the like 0...3...4 Allice Browne and Margary Maisterson for not suffering the town looker to measure theire salt, each 0...6...0 ----------------------------------------------------
( 9th October 16th James 1st. In want of measure ) Ellen Whittacres amerced for want of measure 0...3...4 Jane Horton the like for the like 0...3...4 Eliz. Walthall the like 0...3...4 Eliz. Evans the like Randle Yearsly for not walling the 6th Kinding in the Baron's wich house not Walling, ano dmi 1617, haveing sufficient wood and in Kale and Kale of walling 0..10...0 (marked as collected) Henri Maisterson the like for the like 0..06..00 Richard Sympson for the like 0..10..00
John Thrush the like for the like Roger Wright the like for the like Roger Wright of Hospell Streete the like for the like Roger Wright of the High Towne for not walling the 7th Kinding of the Baron's ) Weekes haveing sufficient wood and ......) in kale .......0..10..00 Kale walling John Gibbons the like for the like ----------------------------------------------------
( 4th October 17th James 1st. Want of measure and not measureing )
Ciceley Birkett for want of measure amerced 00...03..04 Kath. Jeffs the like for the like Eliz. Wood for the like Margarett Hill for the like Margary Crew for the like Margary Barker for the like Eliz Walthall for not bringing her salt to bee measured 00..03...4 Eliz Fletcher the like for the like ----------------------------------------------------
( 29th of March, 17th James 1st ) Severall persons for kinding before theCry. amerced each. 0...2...6 -----------------------------------------------
( 17th April 19th James 1st. Kinding before the time ) Roger Wright's wallers for haveing fire in theire ovens before the Cry made 0...2...6 each -----------------------------------------------
( 9th Octob. 18 Jac. the like ) Richard Wilks for the like Richard Horrobin for the like and many more for the like Thomas Billings for walling with kidds contry to order 1..19..11.5 Gilbert Wollam for the like ----------------------------------------------- [ bottom of first column ] [SECOND COLUMN] ( 16th April 19th James 1st ) Gilbert Wollam for walling with Kidds contrary to a former paine £1...19s...11.5d For the like offence againe John Leigh the like for the like for the like another time Margery Ellcock for refusing leats [lead]lookers to measure her salt £1...0...0 Margarett Merrick for want of measure 0...3...4 Eliz. Wood the like for the like Margarett Greene for the like Ciceley Beckett for the like --------------------------------------------------
( 6th October 19th James 1st. For burning of kids ) A great number of persons presented for not makeing measure. Each amerced 0...3...4 (irregular walling) Richard Wilks the younger forfit the first kinding of the New Year 1619. Hee did wate two old days forth of the new years Booke 1617 and a night and day out of another Booke not haveing right soe to doe. £1...19...11.5 Richard Wilks for wrongful burning in a six leades walling in the Baron's Weeke 1620 and overchargeing the Ruler's Booke £1...19...11.5 and many more for irregular walling (parte on 2 rolls) Richard Wickstead for refusing to take his oath as Ruler £1...19...11.5 ----------------------------------------------
( 14th April 21st James ) Of Gilbert Woolam for walling with kids contrary to order £1...19...11 ob Of Richard Gibbons for the like Of John Clew for the like and for severall others the like for the like offence --------------------------------------------
( 6th October 21st James 1st. and the 11th October 22nd James 1st ) Severall persons presented for makeing salt other than measure. Amerced each 0...3...4 --------------------------------------------
( 10th October 1st Charles 1st ano. 1625 ) (vi: torn booke pa 8:6 order to .... purpose) Of Margarett Clew for walling two daies with borrowed wood contrary to order 00...10...00 Of Margery ........k for the like 00...10...00
( Walling before the time appointed by the Rulers or before the Cry made) Of Margarett Steene for inder kinding before the Cry made 3s...04d Of Eliz. Swinamin for the like Of Eliz. Dean for the like -------------------------------------------------
( 9th October 2nd Charles 1st, 1626 ) John Leigh for not makeing sufficient salt our measure, marked as collected. 0..6..? ------------------------------------------------
( 26th March tertio Carl 1. ano 1627 ) Matthew Bickerton and Thomas Wickstead for walling in a wich house dangerous to the towne in respect of fire contrary to an order of Court. Each amerced £1...19s...11.5d not marked as collected -------------------------------------------------
(the last of the ........ Estreate Rolls.) (begins the 9th October 1609 and continues sevrall yeares ------------------------------------------------
An old Booke in which there are several orders and presentments concerning walling. Noe more in this saite and form....s . A si....r ....... my Lord Cholmleys A....... Sir Randolp.. [damaged, text lost] (this booke ........ shall ..... ..... materially is c......)
[ end of second column ]
[ BACK OF DOCUMENT ]
8th October 1611 pa. 7:6 Determinacon when? a lawfull wich house and 10:6 punishment of ..... took away the ship or marke of a lawfull wich house.
Of sevrall originall presentments of the Juray att the Court from time to time 3 ( D: 13th May 1633, E: October 29 1646 ) ( Regulation of Pannes ) Presentments against the Rulers of Walling for irregularities of theire office, see the particulars, Exhibitted by ... D: Ge...ll [3 erased words] ordered that the Rulers of walling should measure all the Iron Panns in the towne to the end that they should not exceed the Ancient measure of six leades proporconally one with another and that those which were found to exceed should be made lesse and of an equal bignesse with the rest by the owners and that the owners should be hindred of theire walling untill they did soe. And the Rulers if found to conive att any person in that respect to forfeite 39s...11.5d ( Charges of the Rulers ordered to bee reimbursed ) This same Court. The Rulers haveing out of pockitte, ordered to reimburse themselves by the Lay laide upon the proprietors.
( 25th Octob 1647, the 2nd of that trial ) John Crew presented for wrongfully walling the then Lord Cholmondelys walling . Amerced ----
Sevrall persons presented for keeping in theire fires after the Rulers had sett them, that is after the time they were appointed to cease, and amerced.
Some persons presented for makeing of light salt soe the presentments att large.
( The 1st of May 1649, 1st Octob 49. Orders how the rulers shall direct the Kinding ) Orders as to the salt Barrows and that evry Barrow shall be according to the standard upon paine of 20 shillings for every default. Ladder to prevent fire.
( 16TH April 1649 ) Ordered that noe person from thenceforth make any other Iron Pannes than of the size therein mentioned. For kinding before time. For makeing wood fires. For makeing a new fire after rulers had pulled coales from under.
( F. 24th April 1654. -- For walling indirectly and in sevrall houses. The writers had sett them in the same bundle as of October and November 1653 ) Ordered that every master or occupier of walling should have a ladder of 19 pinnes to his wich house upon paine of 30 shillings, and that the fire lookers should see the saide order observed upon a paine and then ordered that the Rulers should call to theire assistance eight or mor of the most sufficient Lords of Walling to consider and conclude whate might be for the best Advantage of the Salt Trade, in order that what they agreed upon might bee established at the next Court.
( With all the said following rolls, the great book agrees where all are )
( 23rd Octobner 1654.... For loading bad salt and bad measure ) The Jury in pursuance of the former orders, doe order that noe Lords of Walling, theire Lessees, Tenants or any other whosoever should sett they walling att any sett rate by the kindling it beeing found reindiciall. and further orders put.
(23rd April 1655. Fire lookers present for want of ladder ) ( 21st of April 1656. Makeing salt contrary to Custome. Want of a ladder. Not putting out fires according to orders. Walling in others names. ) Orders as in relation to Rulers and who shall or shall no