Page:The History of the Church & Manor of Wigan part 1.djvu/48

 who was now present. They were asked whether Master Adam had consented to this proceeding, or permitted it. They said he had not. They also said that a certain Hugh Ashegh had caused a certain Nicholas Wade to be attached by the said bailiff in the said vill, who was taken with the stolen goods in his possession, for a certain tabard and sword stolen in the vill of Preston, and had prosecuted him at the first court; but at the second court no one had appeared to prosecute, nor yet at the third or fourth court. And so the suitors and the burgesses agreed to discharge the prisoner without taking any further steps in the matter. They also said that the same Master Adam takes a capital toll and emends of assize of bread and beer on every day of the year, as well as on the market and fair days. They also said that the said Master Adam is quit of suit to County or Wapentake, and that his predecessors have been so from the time of the making of the aforesaid charters, but not from ordinary fines and amercements because at the last itirneray here the men of the said Borough gave to the Wapentake of Makerfeld a hundred shillings as their common fine.

The Community of the said vill, by twelve men of that vill who came to answer for the vill concerning the acquittance of the said William Prokeratur and Nicholas Wade, had nothing to say about this, but as to the court and liberty of the said vill they said these belonged to the Parson of the Church of Wigan, and they were suitors there. Whereupon it was decided by that jury, after inspection of the charter, that King Henry, by his charter, had conceded sok and sak and infangenthef, &c., to the burgesses of Wigan and their heirs, and not to the parson of the church; and the aforesaid burgesses, who, according to the form of the said charter, ought to have the said liberties, had neither hitherto made use of them, nor claimed them; and the said Master Adam and his predecessors from the time of the making of the said charter, by their bailiffs, had exercised the said liberties. Since, however, they were not conceded to the Parson, and the aforesaid bailiffs and suitors by the decision