WEST DERBY HUNDRED 



WIGAN 



The rector's concomitant charter grants that the 

 burgesses of Wigan and their heirs and assigns should 

 have their free town, with all rights, customs, and 

 liberties as stated in the king's charter ; that each 

 burgess should have to his burgage 5 roods of land ; 

 that they should grind at the rector's mill to the 

 twentieth measure without payment, should have 

 from his wood sufficient for building and burnin-g, 

 ■quittance of pannage and other easements ; and that 

 they should have their pleas in portmote once in 

 three weeks, with verdict of twelve men and amerce- 

 ments by the same ; paying annually to the rector 

 lid. 3. year for each burgage for all services. Robert 

 Binastre, lord of Makerfield and patron of the church, 

 added his confirmation ; as did also Roger, Bishop of 

 Lichfield.'" 



The burgesses," regarded as equals, thus became 

 the free tenants of the rector, as lord of the manor, 

 with the usual liberties, and the special privilege of a 

 portmote. The royal charter looks on the place as 

 a trading centre and gives internal and external 

 privileges accordingly ; these last, which the rector 

 •could not give, were doubtless the reason for invoking 

 the king's help. A later charter, 1257-8, granted 

 that the rectors should have a market at their borough 

 of Wigan on Monday in every week, and two fairs 

 there of three days each, viz., on the vigil, day and 

 morrow of the Ascension and of All Saints." 



In 1292 Adam de Walton, then rector, was called 

 upon to show by what warrant he claimed certain 

 liberties ; it was asserted that Master Adam and his 

 bailiffs had exceeded the terms of the charters by 

 trying persons accused of felonies beyond their juris- 

 diction, when those persons had placed themselves 

 on a jury of their country. In reply to particular 

 charges the community of the vill appeared by twelve 

 men of the vill. As to the court and liberty of the 

 vill they said that these belonged to the rector, and 

 they were suitors there. The jury decided that soke 

 and sac and other liberties had been granted to the 

 burgesses, who did not claim them, and not to the 

 rector, who did ; let them therefore be taken into 

 the king's hands. As to the taking of emends of the 

 assize of bread and beer on the market and fair days 

 the rector's claim was allowed ; but as he had 

 punished some frequent transgressors at his discretion 

 and not judicially, he was at the king's mercy.'' The 



liberties claimed by the rectors were afterwards re- 

 stored, on the application of the guardian of Robert 

 Banastre's heiress." 



The commonalty of Wigan were sued for a debt 

 in 1304." 



In 1 3 14 Robert de Clitheroe obtained from the 

 king a confirmation of the charter of 1 246.'* 



About 1328 the rector complained that the burgesses, 

 his tenants, every day held a market among themselves, 

 and with strangers, in divers goods, although these be 

 ill-gotten or stolen ; taking toll for such merchandise 

 and appropriating it to themselves. They also made 

 assay of bread and tasting of beer every day except 

 Monday, taking amercements and profits by force and 

 power ; all to the prejudice of the rector's market." 

 Possibly it was on this account that the charter was 

 confirmed in 1329.'* 



A further confirmation was granted in 1350 ;" 

 with a special indemnity to the rector and the bur- 

 gesses for any abuse or non-claim of the liberties and 

 acquittances of former charters. The king also 

 granted a view of frankpledge, freedom from the 

 sheriffs tourn, cognizance by the bailiffs of the rector 

 of all pleas concerning lands, tenures, contracts, &c., 

 within the borough ; with many similar and comple- 

 mentary liberties. ' Moreover, whereas there has 

 been a frequent concourse at the said borough, as well 

 of merchants and others, for the sake of trading and 

 otherwise,' the rectors, as lords of the borough, might 

 for ever ' have a certain seal, by us to be ordained, of 

 two pieces, as is of custom to be used, for recognisances 

 of debts there according to the form of the statutes 

 published for merchants ; and that the greater part of 

 the seal aforesaid may remain in the custody of the 

 mayor or keeper of the borough aforesaid for the time 

 being, or other private person of the greater or more 

 discreet men of the borough to be chosen for this 

 purpose (with the assent of the rector) if there shall 

 not be a mayor or keeper there.' *" 



As a result of this charter suits by Wigan people 

 were frequently stopped in the assize court by the 

 bailiffs of the rector appearing to claim the case as one 

 for the local court.'' Another result was prob- 

 ably the regular election of a mayor, the language of 

 the charter implying that the burgesses had not 

 hitherto had such a generally recognized head. There 

 are numerous instances of ' statutes merchant ' before 



'" Bridgeman, op. cit, 9, 10. Not 

 many years later William de Occleshaw 

 granted to Simon son of Payn de War- 

 rington and Emma his wife a burgage 

 and an acre of land in Wigan, rendering 

 to the rector of Wigan izd. yearly, and 

 to the grantor a peppercorn. In 1284 

 Simon Payn, son of the said Simon (son 

 ■of ) Payn, claimed the land ; Assize R. 

 1268, m. II. Simon Payn and Amabil 

 his wife were engaged in suits in 1292 ; 

 Assize R. 408, m. /yd. 60. Simon Payn 

 of Wigan obtained a house and land here 

 in 1336 ; Final Cone. (Rec. Soc. Lanes, 

 and Ches.), ii, loi. 



*^ There does not seem to be any means 

 of ascertaining the number of burgages. 

 The earliest poll-book, 1627, shows that 

 there were then about a hundred in-bur- 

 gesses, but does not state their qualiiica- 

 tions ; Sinclair, ^igan, i, 197. 



*2 Bridgeman, op. cit. 33. A charter 

 for a fair at All Saints and a market on 

 Monday had been secured in 1245 ; Cal. 

 Chart. R. 1226-57, p. 284. In 13 14 the 



All Saints' fair was changed to the vigil, 

 day, and morrow of St. Wilfrid the 

 Bishop; Chart. R. 7 Edw. II, m. 4, 4d. ; 

 but in 1329 reverted to the old day; 

 ibid. 3 Edw. Ill, m. 6, 14. The autumn 

 fair was afterwards held on the vigil, 

 feast, and morrow of St. Luke ; Wm. 

 Smith, Dcscr. of Engl. 1588 ; Hist. MSS. 

 Com. Rep. xiv, App. iv, 4. 



*^ Bridgeman, op. cit. 31-6, from Plac, 

 de Quo JVar. (Rec. Com.), 371, 372. The 

 rector stated that he did not claim utfan- 

 genthef, though named in the charter, 



^* Bridgeman, op. cit. 37. There exists 

 a petition by the people of Wigan for the 

 restoration of their franchises made after 

 the death of Edmund, Earl of Lancaster, 

 1296 ; Anct. Petitions, P.R,0. 316, 

 E 225. 



'» De Banco R. 151, m. II2, In 1307 

 there were complaints that Welshmen, 

 returning probably from the Scottish wars, 

 had been maltreated and killed at Wigan; 

 Assize R. 422, m. 4 d. 



^^ Bridgeman, op. cit. 41. 



71 



W Ibid. 44. 



58 Ibid. 45. The king granted a tax 

 called pavage (for the mending of the 

 ways) to the men of Wigan in 1341, Cal. 

 Pat. 1340-43, p. 163 ; sec also p. 313. 



5^ Bridgeman, 48-53, In the same 

 year is mentioned the imaller seal for the 

 recognizances of debts; Cal. Pat. 1348- 



50? P- 553- 



^° At the instance of Rector James de 

 Langton the borough charters were con- 

 firmed by Richard II, Henry IV, and 

 Henry V at the commencement of their 

 reigns in 1378, 1400, and 1413 ; Bridge- 

 man, op. cit. 57, 59. 



61 Thus in 1350, when Richard de 

 MittoQ claimed in the King*s Bench a 

 messuage in the town from William del 

 Cross, who had entry by Robert son of 

 John del Cross, the rector's bailiffs 

 appeared, made a statement of the 

 jurisdictions conferred by the charter and 

 drew the case to the local court ; De 

 Banco R. 363, m. 203. In subsequent 

 years the same thing happened. 



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