| Description | Apud Cestr' die Martis prox. post festum Sci.Ambrosii a.r.r. etc.
Exemplification of a Plea of Quo Warranto before Thomas de Ferrar' Justice of his lordship the earl of Cestr' [Chester], answered by the Mayor and Burgesses of Macclesfeld (alias Maclesfeld) [Macclesfield] by their attorney Adam de Mottrom, who claim the privilege of keeping a gaol by virtue of an Inspeximus of Edward III of a charter of Edward I, which they say grants that Macclesfeld [Macclesfield] is a free Borough; and that the Burgesses shall have a guild merchant with exemption of toll in all Cheshire (per totam terram Cestris) both by land and water save in respect of salt in the Wiches (except' sale in Wicis) and that no man save such Burgesses may buy and sell in Macclesfeld' [Macclesfield] except by consent of the Mayor and Burgesses; and that the Burgesses shall not be impleaded outside the borough, saving the right of the Sword and Honour of the Earl of Chester, and that they shall have judgement of their fellows upon a fee of 12d paid to the Earl; and that their millers shall have the right to grind in the prince's mills; and that the Burgesses shall hold their lands and burgages by service of 12d. per.ann. with right to buy, sell and mortgage them at will; and that the Mayor and Burgesses shall have a gaol in Macclesfeld [Macclesfield] in which any one of their number convicted of felony or trespass may be imprisoned notwithstanding the rights of the earl of Cestr' [Chester]. This latter point is disputed by John de la Pole on the ground that the charter does not specify the right in the words "liber Burgus"; and the matter was put to Inquisition which supported his objection. Judgement allows all claims save that of gaol, which is to be taken into the hand of the earl of Cestr' [Chester], whereupon the Mayor and Burgesses make a Fine of 10 marks for the recovery of the right as witnessed by a Recognisance made at Macclesfeld [Macclesfield].
Latin
Mark: None. |