There is an old deed in the bailiffs' chest, bearing the date 1725, and evidently a summary of charters, powers, etc., drawn up in order to be submitted to the inspection of some legal authority, whose opinions on different points are appended, from which it appears that from the earliest incorporation of the town it had been governed by two bailiffs and twelve burgesses in common council assembled, who were annually chosen within the borough, and that they "usually assessed such persons, not being free burgesses in the same borough, as had come into and exercised trades within the borough (whether they had served apprenticeships to such trades or not), in and with such reasonable annual payments to the Corporation as the bailiffs and burgesses thought fit"; persons born in the borough were treated in a similar manner. The bailiffs inflicted penalties on all breakers of the peace, the amount of fine imposed being regulated according to the condition of the offender, thus an esquire was mulcted in 40s., a gentleman 10s., and anyone of an inferior grade 5s. Profane cursing and swearing also came under their jurisdiction. The collection of freedom money from traders commencing business in Kirkham was a somewhat questionable act on the part of the local rulers, and indeed they themselves were evidently troubled with doubts as to their right to levy the tax, for the muniment chest contains several opinions of eminent counsel as to the validity of such a course. In 1738 a person named William Marsden started as a tanner in Kirkham, and obstinately refused to purchase his freedom or close his premises, but, at the end of twelve months, the assembled bailiffs and burgesses instructed and authorised the town or borough serjeant to collect and levy the sum of two shillings and sixpence upon the goods and chattels of William Marsden, by distress and sale. This impost was abolished during the latter half of the eighteenth century. The bailiffs formed part of the Court Leet held annually in the seventeenth century and were elected from amongst the jurors. Subjoined are a few extracts from the minute book of the "Court leet of frank pledge of y^e foundation of Henry VIII.," as it is styled in one place:—
"Oct. 1681.
The court leet houlden at Kirkham y^e day above written by Tho. Hodgkinson Stuart.
