HISTORIC CHESHIRE
By P. H. Ditchfield, M.A., F.S.A.
BRIGHT and fair is the Cheshire land and well renowned in story. It is one of the most famous counties in England, and can raise its head proudly above other less noted shires. It rejoices in being a County Palatine, its Earls in former days having sovereign jurisdiction within its precincts. The Earls of Chester held their own Parliaments, summoned the barons and tenants to the conclave, and Acts of Parliament passed by English houses of representatives had no force within the Palatinate of Cheshire. It had its own courts of justice for determining all pleas of land, tenements, contracts, felonies, &c. It was an imperium in imperio, and though Lancashire and Durham claimed similar privileges of Palatinate, their County Palatines were established later than that of Chester and were not so well settled, nor their powers and privileges so clearly defined. For a brief space Cheshire was a Principality, and Richard II. styled himself Princeps Cestriæ, and it can still boast of having a Prince for its Earl, the title of Earl of Chester being always borne since the reign of King Henry III. by the eldest son of the kings of England.
Famous, too, is the county for its illustrious sons. Speed, a Cheshire man, who ought therefore to know well the truth of his statements, though perhaps for that reason a little partial, says: “The shire may well be said to be a seedplot of Gentilitie, and the producer of many most ancient and worthy families; neither hath any brought more men of valour into the Field than Cheeseshire hath done, who, by a generall speech, are to this day called The Chiefe of men; and for nature’s endowments (besides their noblenesse of mindes) may compare with any other nation in the world; their limmes strait and well-composed; their complexions faire, with a cheerfull countenance; and the Women of a grace, feature and beautie, inferior unto none.”
Verily, Master Speed was a patriotic son, but he was not far from the truth. Cheshire men have had their detractors, as who have not? These scurrilous, envious persons have dared to frame this distich:
“Cheshire born and Cheshire bred,
Strong i’ th’ arm and weak i’ th’ yed.”
It sounds like a taunt thrown across the border of my native county of Lancashire. Strong i’ th’ arm Cheshire men have ever been, as the story of many a fight and foray in which they have gallantly played their part has effectually told, but the long line of Cheshire worthies serves to prove that their heads are not weaker than those of their neighbours. If you need a further testimony to their excellences, you can refer to the sixteenth-century Cheshire tourist, who wrote of them: “They are of a stomach, stout, bold, and hardy; of stature tall and mighty; withall impatient of wrong, and ready to resist the enemy or stranger that shall invade their countrey; the very name whereof they cannot abide, and namely, of a Scot.” Possibly they have since that time seen fit to modify their dislike of the gentlemen from across the Tweed, who are said by a modern critic “to keep the Sabbath and everything else they can lay their hands on.”
The story of the shire presents many features of unique interest. Its proximity to Wales rendered it the field of many a wild fight between the sturdy Cheshire men and the warlike Welsh folk, and required the possession of a powerful garrison. The port of Chester was the chief place of embarkation for troops, which the turbulent Irishmen often needed for the preservation of peace, and Briton, Saxon, Dane, and Norman have left traces behind them of their presence in the county.
Before the advent of the Romans the district was inhabited by a warlike British tribe called Cornavii, whose territory embraced most of the counties on the Welsh border. They were a strong and martial people, who gave much trouble to the Roman conquerors, and required a formidable company of legionaries to keep them in order. The Romans firmly established themselves on the banks of the Dee, or Deva as they called the river. They knew well the district of Great Meols, where many coins and fibulæ have been discovered, but their great stronghold was Chester. The discoveries of Roman remains in the city are so important that no other place in the kingdom can rival it, and most of these have been found during the last twenty-two years. Built into the Roman city wall were found a large number of inscribed, sculptured, or moulded stones, probably taken from the Roman cemetery, erected in memory of the soldiers who fought in Roman legions. They establish some interesting historical facts. First, we gather from a stone erected to the memory of a soldier, whose name is lost, that the legionaries were here in the earliest years of the Roman conquest of Britain, about A.D. 50. The conquerors pushed along the old Watling Street, which led to the Dee, and must have established themselves there very soon after their advent to Britain. Secondly, we learn that Chester was the permanent quarters of two special legions, Legio II., Adiutrix Pia Fidelis, and Legio XX., Valeria Victrix. Nearly all the inscriptions relate to soldiers of one or other of these troops. When the Second Legion was withdrawn to defend the Danube frontier, the Twentieth remained to guard the Chester country, and sent contingents to protect the forts of Manchester and North Wales. From the fact that these memorial stones of Roman soldiers were afterwards taken from the cemetery and built up in the Roman wall of the city, Dr. Haverfield has determined that the Roman wall of Chester was built in the latter part of the second century or in the commencement of the third century. But we must leave the inviting subject of the Roman antiquities of Chester to another chapter.
It must have been a noble place in Roman times, with its walls and streets and houses replete with the usual fittings with which the Romans used to love to surround themselves. It was a great centre of traffic, situated on the Watling Street that ran from Richborough, through Chester to Anglesea, and through Chester to Manchester, York, and Carlisle. Suetonius pitched his camp at Chester, and Claudius Cæsar and the Emperor Galba are said to have visited it. The existence of Julius Cæsar’s Tower will doubtless suggest to the “raw antiquary” mentioned below a visit of the illustrious conqueror.
When the Roman legions were withdrawn to defend the centre of the Empire, the British remained masters of the country as far as the Picts and Scots would permit. Cheshire is far from Kent, where soon the dreaded Teutonic races made their appearance, and established their rule over the enfeebled Britons. The country of the Deeside remained at peace. Caer-Leon, or Caer Leon Vaur[1] as the Britons called it, heard only the smooth-tongued tones of Celtic speech, and nothing disturbed its quietude, as far as is known, until in A.D. 613 the fury of war burst upon the British people. Christianity had taught them many holy lessons of faith. Wales, with Cheshire, was a land of saints. Bede tells us that the monastery of Bangor, which may have been the Christian Banchor, about 15 miles from Chester, “flourished with learned men at the coming of Augustine.” SS. David, Asaph, and Padern all flourished after the Saxons had occupied England, and the sixth century saw, not only the foundation of the Welsh bishoprics, but also of the great Welsh monasteries, which were the especial glory of the Church in Wales. But the British Christians liked not Augustine, his haughty ways, and his new-fangled customs, and at a council refused subjection. So Augustine waxed wroth, and said that “if they would not preach the way of life to the English, they should at their hands undergo the vengeance.”
[1] The imagination of the Celtic mind has made Chester the Neomagus, founded by Magus, son of Samothes, son of Japheth, 240 years after the Flood. They say a giant named Leon Vaur, a conqueror of the Picts, built a city here, which was afterwards beautified by two British princes, Caerleid and Caerleir. But, concludes the chronicler, “they are but raw antiquaries that will give credit to such relations.”
A terrible storm did burst upon the unhappy people. The heathen King Ethelfrid of Northumbria came down upon the fair land of Cheshire, defeated the Britons, captured and destroyed Chester. The monks of Bangor came in crowds to the battle to offer prayers for the success of their countrymen, and nearly 1200 of them were slaughtered. Bede, with his Roman leanings, sees in this slaughter the execution of the Divine judgment and a fulfilment of Augustine’s prophecy—a suggestion unworthy of the pious historian. If the Divine wrath was turned upon the people of Cheshire and the monks, it was soon dispelled. Ethelfrid’s triumph was of short duration. Soon the gallant Welsh princes raised an army, marched on Chester, defeated the Northumbrian King with great slaughter, and elected Cadwan King of Wales at Chester.
For more than a century Cheshire remained under British rule, but stronger grew the Saxon power, when the rival kingdoms of Mercia and Wessex had settled their quarrels; and in A.D. 828 King Egbert came to Cheshire, captured the city, and made the country parts of the Mercian kingdom. This Mercian kingdom embraced a large extent of country, and was not divided into shires until the beginning of the tenth century. The older counties—Kent, Surrey, Sussex, Hants, Wilts, Berkshire, Dorset, Somerset, Devon, Cornwall, Middlesex, Essex, Suffolk, Norfolk—some of them representing old kingdoms, are known to have existed as defined districts in the ninth century. In these the shire is not named after the chief town except in Hants; but when, in A.D. 912, Mercia was divided, each shire took its name from the county town. Thus we have Stafford-shire, Worcester-shire, and others, and Chester-shire or Cheshire. The county then assumed the concrete shape and size which it has since preserved.
At the end of the ninth century came the first visit of those dread marauders, the Danes, who carried fire and sword through so many fair regions of England. From Northumberland they swooped down on the fields of Cheshire, led by the sea-king Hastings, and “arrived at a western city in Wirall which is called Lega-ceaster. Then were the forces [of King Alfred] unable to come up with them before they were in the fortress; nevertheless they beset the fortress about for some two days, and took all the cattle that were there without, and slew the men whom they were able to take without the fortress, and burned all the corn, and with their horses ate it every morning.”[2] The Danes liked not this, and were reduced to eating horse-flesh, and were glad to leave the country and escape to North Wales. The Saxon Chronicle tells us nothing more of the visits of the Danes. Higden mentions that at the close of the tenth century the county was laid waste by pirates, doubtless the sea-rovers, the Danes, but the evidence of names proves that the Danes were firmly established in the shire as settlers. By the Peace of Wedmore in A.D. 878, they won from Alfred all the country east and north of Watling Street, including the greater part of Cheshire. Indications of their presence are not so strong as in Lancashire, but these are sufficiently plain to show they partially colonised the country. There is a church at Chester dedicated to St. Olave, a Scandinavian king and saint, to whom the Danish colony in London dedicated a church (Tooley Street in London is, of course, a corruption of St. Olaf’s Street). All names ending in by are Danish, of which we have Kirby, Pensby, Irby, Frankby, Greasby. That the Danes were Christians is proved by such names as Kirby, Kirkdale, Crosby. But the most remarkable memorial of all is the name Thingwall, the place where the Folkmote or Thing met. It is surrounded by several other villages with Scandinavian names on the small tongue of land between the Dee and the Mersey. Sometimes a Celtic name is met with, which has survived amid the Saxon and Danish population, such as Meols, Dove, Llandican, and Inch. Further inland Saxon names predominate, such as Bebington, Oldfield, Woodchurch, Upton.
[2] Anglo-Saxon Chronicle, A.D. 892; according to other authorities, 894.
Over the poor remains of Mercia that remained to Alfred’s rule he set the Ealdorman Æthelred, the husband of his daughter Æthelflæd, or Ethelfleda, a ruler well fitted for his courage to guard against the inroads of the Danes. He rebuilt Chester, which had been ruinated by the wars. On his death the government devolved on his spirited widow of whom Henry of Huntingdon says:
“O potent Ethelfleda, terrible to men,
Whom courage made a king, nature a queen.”
She built a town or fortress at Eddisbury in the forest of Delamere, and another at Runcorn. The English power grew stronger in the land. In 920 King Edward the Elder built the city Thelwall on the Mersey, and placed a garrison there. King Edgar was at Chester in 973, and received the homage of eight petty kings, or chieftains, Kenneth III. of Scotland, Malcome of Cumberland, Macon of the Isle of Man, James of Galloway, Howell of North Wales, Owen of South Wales, and two joint rulers, Sfreth of South Wales and Inkil of Cumberland. Ralph Higden, the monk of Chester, relates a story of his having been rowed by them from his palace to the Church of St. John, and Dean Howson, when speaking of this church, said:
“As regards the historical associations, it should be observed in the first place that the water in front of the church is that reach of the river Dee over which the Saxon King Edgar was rowed in 973 by eight British chieftains. His landing place is on the rocky ground immediately under the church, and from the church, on looking down the river towards the old bridge, can be seen the starting point of that short but very expressive voyage. The picturesque little chapel among the foliage is also connected by tradition with Saxon history. It is said that Harold, having ‘lost hys lefte eye’ in the battle of Hastings, ‘yescaped to the countrey of Chester and lived there holylie in St. James’s cell, fast by Saynt John’s Church.’”
This last is, of course, pure legend, but the story of the wonderful rowing seems to be fully accepted by the Dean, and is not scoffed at by most Cheshire historians.
When Cnut the Dane ruled over English land, he committed the government of this part of Mercia to certain chief men with the dignity of Earl, who were styled Earls of Chester. Only three of these ruled during the closing years of the Anglo-Saxon period—Leofric, the son of Leofwin; Algar, the son of Leofric; and Edwin, son of Edgar. Then the Normans came, and many changes took place in the Cheshire land. The Conqueror confiscated the estates of the Saxon gentlemen and nobility, and bestowed them upon his Norman adventurers and followers. He gave the Earldom of Chester to Gherbod, a noble of Flanders; but he was compelled to go to his native land, was seized by his enemies, and retained a prisoner. So the King gave the title to Hugh Lupus, son of the Viscount of Avranches, his sister’s son, a valiant soldier, whose efforts were much needed to restrain the tumultuous Welsh. He gave to the Earl a Palatinate jurisdiction and sovereign power, to be held under the King in the province over which he ruled. These are the terms of the grant:
“Tenere totum hunc comitatum sibi et heredibus suis ita liberè ad gladium ut ipse Rex tenebat Angliæ coronam.”
Hugh Lupus had several barons to assist him in council. These were Nigel his cousin, Baron of Halton, Constable and Marshal of Chester; Sir Pierce Malbane, Baron of Nantwich; Robert FitzHugh, Baron of Malpas; Robert de Vernon, Baron of Shipbrook; Hamon Massey, Baron of Dunham; Walter de Pointon, Baron of Stockport; and Eustace Crew de Montalt, Baron of Hawarden.
The stark Earl was as good a Christian as he was a soldier. He sought the advice of the saintly Anselm, and sent for him from Normandy to Chester, and so brought to England its future Archbishop of Canterbury. By his counsel Earl Hugh converted the Nunnery of St. Werburgh into an Abbey, replacing the nuns by monks of the Benedictine Order. His Welsh neighbours caused endless trouble. He built a castle at Halton, and gave the barony to Nigel, on condition that he should be Constable of Chester, and by the service of leading the vanguard of the Earl’s army whenever he should march into Wales.
The history of Cheshire during the two centuries after the coming of the Normans is a record of the incursions of the Welsh, and of the continued attempts of the English to resist them. The country was reduced to a deplorable condition. The Welsh raided and ravaged the lands next their borders. English armies came to Cheshire, consumed the produce of the farms, and often burned the corn and killed the live-stock lest the Welsh should seek for plunder. Many of these raids find no place in history; only those are recorded which were attended by startling results. We can mention only a few of them. In 1093 they came, led by Griffith ap Conan, and made great slaughter. They fought a great battle at Nantwich during the rule of Hugh Lupus. In 1121 they made a raid and burned two castles, Shocklach and Malpas, celebrated for its bad road. In 1150 they came again, but were cut off on their return at Nantwich. King Henry II. in 1156 came with an army and encamped on Saltney Marsh. Ten years later he came by sea with an army to Chester, determining to crush the Welsh by invading their territory; but his heart failed him, and he abandoned the enterprise. In 1212 these terrible Welshmen took castles, killed the garrisons, burned several towns, and returned home rejoicing laden with plunder. King John marched to Chester determined to punish these outrageous folk who loved fighting, but he had certain troubles with his barons which need not be here chronicled; and being assured that if he marched against the foe he would be either assassinated or handed over to the tender mercies of the marauders, he preferred to hie him back to London. Matthew Paris, the old chronicler, tells us much about these terrible doings—how in 1245 Henry III. tried in vain to conquer them, and then caused a fearful famine in Cheshire by destroying all the corn and produce, including the salt pits, lest the Welsh should gain plunder; how again in 1256 the Welsh invaded the country and ravaged it to the very gates of the city, and by way of reminder repeated the process in the next year. Even the stark Prince Edward they defeated, and King Henry came himself with a mighty army to reduce them to order. He adopted the usual tactics of burning the provisions of the poor Cheshire farmers, and was thus hoist on his own petard, as his army could not find food, and the expedition was abandoned. Then James, Lord Audley, who on returning from abroad found his castles burnt and his retainers slaughtered, being mightily enraged, marched into Wales to slay these terrible folk. He killed many, but he might as well have tried to sweep back the waves that beat on the Wirral shore. The pertinacious foe only retaliated and attacked his lands again. And so the fight went on backwards and forwards, houses and castles being burnt, men and women slain, crops destroyed, until the whole county was reduced to a howling, desolate wilderness. The duel between Prince Llewellyn and Edward I. is well known. The King brought an army to Chester; the Prince sued for peace, and the expedition was abandoned. In 1274 the King summoned Llewellyn to a conference at Chester, which invitation the Prince, perhaps wisely, declined. Instead of coming to a conference, he made inroads and plundered the country. Then Edward in 1277 marched with a vast army to Chester. He cut great avenues through the forests, so as to protect his men from ambuscades. He marched into Wales in triumph. Llewellyn made his submission, but this did not prevent him from renewing his inroads four years later. At last he was killed in a skirmish by Lord Mortimer, and the land had rest. Edward gave to his infant son, born at Carnarvon, the title of Prince of Wales, and peace at length descended on the hills and vales of Cheshire which for two hundred years had been complete strangers to it.
Our chronicle of the Welsh wars and plunderings has carried us far afield, and we must hark back to the line of Earls who ruled over the harassed Palatinate. When Hugh Lupus died without issue, the Earldom descended to Ranulph Bohun, who married his sister, Margaret. He took for his arms three wheat sheaves or in a field azure, which are the present arms of the city. He was succeeded by his son, Hugh de Bohun, in 1152, who foolishly joined the rebellious Prince Henry against his father Henry II., and was sent a prisoner to Normandy. Ranulph III. succeeded, and earned the title of “the Good.” He founded several abbeys, fought in the Crusades, and drove the Dauphin Lewis out of England, who had come to depose King John.
During the Wars of the Barons against Henry III., a battle was fought between the Earl of Derby and a large force for the barons against the royal army led by William, Lord Zouche, David, brother to Llewellyn, and John, Lord Audley, when the Earl was victorious and Chester was captured in 1264. John, Earl of Chester, adopted a novel expedient to end the Welsh invasions. He married Helena, the daughter of Llewellyn, during an interval of peace in order to confirm it. But the lion and the lamb might as well have mated, and the wild turbulent Princess proved a strange bride. History records not the differences of that ill-assorted alliance. Perhaps he tried to tame her too severely. Perhaps he was but a faint-hearted Petruchio. At any rate she poisoned him, and, leaving no children, the King took the Earldom into his own hands and gave it to his eldest son, Prince Edward. When this Prince was captured by Simon de Montfort, he was forced to relinquish the Earldom as part of his ransom, but on the triumph of the King’s forces it reverted again to the Crown.
Richard II., in his troubles with the barons, chose a bodyguard of 2000 Cheshire men, so trusting was he in their loyalty and bravery. As a reward for their fidelity he made the county a Principality by Act of Parliament, styling himself Princeps Cestriæ, as we have already noticed. This honour the county did not long enjoy, as Henry of Lancaster revoked the Act. Not all the men of Cheshire were loyal to Richard, or were perhaps wearied of him. When the storm burst some of them, including Sir Richard and Sir John Legh, went over to Henry’s side. He came to Chester and raised an army there, and executed Sir Piers Legh, who had remained faithful to Richard. Soon the men of Chester saw the stern Duke of Lancaster marching into the city, and behind him rode their unfortunate King, a prisoner in the hands of one who knew no pity, and soon to be done to death at Pontefract Castle. Reports were circulated that Richard was still alive. In 1403 the Earl of Northumberland and Lord Percy, commonly called “Hotspur,” conspired against Henry IV. and ordered the news that Richard was living to be proclaimed throughout the county, stating that he could be seen at Chester Castle. The Cheshire men rallied to their old adherence, and readily joined the standard of the Northumbrian Earl. Every one knows the result of the fatal fight fought within sight of Chester walls, when most of the knights and squires, the flower of Cheshire chivalry, lay dead on the stricken field. Woeful was the day for Cheshire men. Henry captured the Baron of Kinderton and Sir Richard Vernon, and beheaded them. Even some who fought on the King’s side fell in battle, including Sir John Calveley and Sir John Massey. Moreover, the stern Henry was wroth against the county, and every man felt that his head was in jeopardy. But in the following year the King was pleased to pardon the county, and extracted a fine of 300 marks from the city.
The valour of Cheshire men has shone forth on many a battlefield. Look at that gallant feat of arms at the battle of Poictiers, when Lord Audley and his four Cheshire knights, Sir John Delves, Sir Thomas Dutton, Sir Robert Foulshurst, and Sir John Hawkstone won for themselves undying fame. Sir Piers Legh of Macclesfield, from whom are descended the Leighs of Lyme, had the lordship of that place granted to him for taking the Count of Tankerville prisoner. He was afterwards slain at Agincourt. But in our unhappy Civil Wars the good gentlemen of Cheshire were never a united body. They espoused different causes, ranged themselves under different banners, and so fought against each other and slew each other. It was so in Richard’s time. It was so at Blore Heath in 1459, when neighbour fought with neighbour and many fell, amongst whom were Sir Thomas Dutton, Sir John Done, Sir Hugh Venables, Sir Richard Molineux, Sir William Troutbeck, Sir John Legh of Booths, and Sir John Egerton. Thus does Drayton sing of this unhappy slaughter:—
“Then Dutton Dutton kills; and Done doth kill a Done;
A Booth a Booth; and Leigh by Leigh is overthrown;
A Venables against a Venables doth stand,
A Troutbeck fighteth with a Troutbeck hand to hand:
Then Molineux doth make a Molineux to die;
And Egerton the strength of Egerton doth try.
Oh Cheshire! wert thou mad of thine own native gore,
So much until this day thou never shedd’st before!
Above two thousand men upon the earth were thrown,
Of whom the greatest part were naturally thine own.”
Again, on Flodden Field, the valour of the Cheshire men was proved. Macclesfield had cause to weep over the slaughter of her sons, including her brave mayor, Sir Edmund Savage. Again, in the Scottish War, in 1544, they showed their fighting powers; of the sixty men knighted at Leith, one-third were gallant Cheshire men.
Before we close this account of the mediæval period, we notice the shire studded with fine towns and villages, fine churches, and noble monasteries. Of these we may mention the Monastery of St. Werburgh, founded by Hugh Lupus at Chester; and the smaller houses of St. John for secular canons, of St. Francis, a Franciscan monastery founded by King John and suppressed by Cardinal Wolsey for the founding of his college at Oxford; and the Nunnery of St. Mary, founded by Earl Ranulph. At Birkenhead there was a priory of Black Canons founded by Hano de Massey, Earl of Derby, and dedicated to SS. Mary and James. At Combermere there was a house of White Monks founded in 1134 by Hugo Maltana. At Dernhall was a Cistercian house, founded by Edward I. in performance of a vow which he made for a deliverance at sea. This was afterwards removed to Vale Royal, and became a large monastery with a hundred Cistercian monks, and was valued at £32,000. It was consecrated by the Patriarch of Jerusalem, with the Bishop of Durham and many other prelates. Another Cistercian monastery was founded by Robert Pincerna in 1153 at Poulton, and then removed to Dentacres. A Collegiate Church was established at Macclesfield by Thomas Savage, Archbishop of York, in 1508. He was born at that place, and this showed his affection for it. His death prevented him from finishing it, but his heart was buried there. Mobberley Abbey of the Canons Regular of St. Augustine was founded by Patrick de Mobberley; a Priory at Norton by William, son of Nigel, Constable of Chester. He founded also one at Runcorn in 1133, but afterwards removed it to Norton. Stanlaw Abbey was founded in 1172 by John de Lacy, Constable of Chester, but it was afterwards removed to Whalley, where the fine ruins testify to its former magnificence.
Such were the principal monastic houses in the county which the decree of ruthless Henry VIII. doomed to destruction. Chester was one of the sees founded by him out of the spoils of the monasteries, together with Bristol, Oxford, Westminster, Gloucester, and Peterborough, and the Church of the Monastery of St. Werburgh was assigned as a Cathedral. Previously the Bishop’s Chair was placed in the grand old Church of St. John, as there were Bishops of Chester in ancient times, as the author of the Holy Life of St. Werburgh sings:—
“Also the see of Lichfield was translate to Chester
By helpe and suffrance of the bysshop Peter”;
and that good Bishop Peter enlarged the stately Church of St. John, which dated back to Earl Ethelred and his good wife Ethelfleda. The story of St. John’s Church is full of fascination, especially when told by its vicar, Canon Cooper Scott.
Desolation reigned throughout the land when the King’s Commissioners had stripped the churches and chapels of their valuables and endowments. The historian of Vale Royal, writing of the deserted and ruined chantries and chapels, states: “Wherein nothing now but the tune of lacrymæ is sung, crying out mercy, not for sinners, but for miserable singers, in these days.”
Chester saw the sad burning of George Marsh, a Marian martyr.
The incessant passing of the military connected with the settlement of the Irish confiscated estates and of soldiers oscillating between the Low Countries and Ireland, and the constant presence of fierce, reckless adventurers, kept alive a martial spirit and made the county extremely lively. The following examples may suffice to show how great a thoroughfare Chester had become:—
1594.—There came into Chester at several times 2200 footmen and 1000 horsemen to go to Ireland for the suppression of the rebellion of Hugh Fardorough, Earl of Tyrone. The mayor had much ado to keep the soldiers quiet, and caused a gibbet to be set up at the high cross whereon three soldiers had like to be hanged.
1595.—There came to Chester at several times 2400 footmen and 300 horsemen to go to Ireland.
1596.—Nine hundred soldiers came to Chester, whereof 500 were sent to Ireland, and the rest, staying for a wind, were disbanded and sent away.
1597.—A thousand footmen and 280 horsemen came at several times and went into Ireland.
1598.—The Earl of Essex, lieutenant-general for the wars in Ireland, came into Chester, and with him three other earls, besides many other lords, knights, and gentlemen, who were honourably received by the Mayor and his brethren. A great army of soldiers went over to serve in Ireland, both horsemen and footmen, all under the command of the said Earl.
1599.—The 14th of February the Lord Mountjoy, Deputy of Ireland, and with him a great train, dined with the Mayor the 17th of February, and departed towards Wales the 19th of February to take shipping for Ireland.
1591.—Many soldiers were this year sent into Ireland.
In 1600 still larger consignments were sent and passed through the county. We hear of 4000 foot and 200 horse.
View of the City of Chester.
Soon the bugles of war sounded nearer at hand, and Charles was fighting against the Parliamentarians. Another pen will describe the horrors of that fearful war, and of that terrible siege of Chester, when the loyal inhabitants were nearly starved. We seem to see the ill-fated monarch watching with sad eyes from the Phœnix Tower on the city wall the defeat of his troops at Rowton Moor. Cheshire was a vast theatre of war, and witnessed more fighting than almost any other county. And sad was the havoc wrought. As in olden days, the gentlemen of Cheshire were as divided as ever; some were loyal, and others espoused the cause of the Parliament. Beeston Castle withstood a brave siege, and was afterwards “slighted” by Cromwell and reduced to its present state of ruin. Doddington Castle, Crewe Hall, Dorfold Hall, Cholmondeley Hall, Carden Hall were garrisoned, and endured attacks and sieges. Nantwich was a stronghold of the Parliamentarians; and even churches, such as Barthomley and Acton, were garrisoned and besieged. Adlington Hall, Stockport, Broughton Hall, Malpas, Tarvin, Huxley Hall, Birket House, Bunbury, and Nether-Legh all saw much fighting, and suffered from sieges or attacks. A volume would be needed to tell of all the fightings in Cheshire during that disastrous war. No less than twenty-two of the great and beautiful houses of the gentlemen of the shire were destroyed.
The Cheshire folk soon wearied of Cromwell and Puritan ways, and as early as 1655 several of the principal gentry were imprisoned at Chester on the charge of disaffection to the Government. Four years later Sir George Booth, with the Earl of Derby, Lord Cholmondeley, and others raised 3000 men “to deliver the nation from slavery.” A battle was fought at Winnington Bridge, near Northwich, but Booth’s forces were defeated. The Restoration of King Charles in the following year was but a fulfilment of the design of the Cheshire “Chief of Men.”
The Duke of Monmouth honoured the county with a visit in 1683, hunting for popularity and representing himself as the champion of Protestantism against the Roman tendencies of James II. His visit caused a “No Popery” riot in the Cathedral, when the mob did terrible damage, broke the font and organ, tore up surplices, destroyed the glass, and much else. The Duke acted as godfather to the Mayor’s infant daughter, attended the Wallasey Races, rode his own horse, won the cup, and presented it to his godchild. The heads of the good citizens were turned by his graciousness, but that did not prevent them from ringing the bells of St. John’s Church when the news came of his defeat at Sedgemoor. He is said to have hatched his insurrection at Bidston. Henry, Lord Delamere, son of Sir George Booth, was accused of an intention of raising a troop for the Duke, and had the unpleasant experience of being tried before the notorious Judge Jefferies, but strange to say he was acquitted. A few years later came James II., who heard mass in the little Early English chapel at the Castle. The good folk of Chester liked not his Roman Catholic ways, and we read the “King departed from Chester not well pleased with the disposition of the people.” His course was soon run, and he fled the country.
Again the divided counsels of the Cheshire men were displayed. While Lord Delamere was raising a great force to support Dutch William, marching south to meet him, Lord Molyneux and Lord Acton seized Chester for King James. Happily no fighting was needed.
When James II. landed in Ireland in the spring of 1689 a large army was collected to oppose him. It was led by the Duke Schomberg, and suffered severely in camp during the ensuing winter for want of conveniences and even necessaries. Most of the army encamped for a week at Neston, and then embarked at Highlake (Hoylake) for Ireland. There were about a hundred vessels to convey them, and the port and river must have presented an animated scene. In the following summer large reinforcements passed through the city at various times, and the farmers of West Kirkby, Grange, Neston, and Meols made good profits by entertaining the officers billeted on them. William III. came in person, the army being encamped on the Wallasey Leasowes. He was at Chester on Sunday, June 10, attended service at the Cathedral, and slept at the house of William Glegg, Esquire of Gayton, whom he afterwards knighted.
Since that time no great events in the annals of England have occurred to disturb the peace of Cheshire. In subsequent chapters we hope to record the names of many of Cheshire’s illustrious sons, and of the great and noble families who have shed lustre on the shire. We shall roam the countryside, see the traces of the great historic past, note the beauties of the ancestral houses, the half-timbered mansions, the red-sandstone farms, and if it be our good fortune to have been born within its borders, one of Cheshire’s “Chief of Men,” feel no little proud of our heritage.
THE COUNTY PALATINE OF CHESTER:
ITS PLACE IN HISTORY
By Henry Taylor (Chester), F.S.A.
THAT safe guide Stephen’s Blackstone’s Commentaries on the Laws of England, the English law student’s vade mecum, in treating of “The Kingdom of England itself,” says:—
“Three of the English counties, viz. Chester, Durham, and Lancaster, are called Counties Palatine. The two former are such by prescription or immemorial custom, which dates back at least to the Norman Conquest. Lancaster was created a County Palatine by Edward the Third in favour of Henry Plantagenet, Duke of Lancaster, whose heiress being married to John of Gaunt, the King’s son, the franchise was greatly enlarged and confirmed in Parliament to honour John of Gaunt himself.
“Counties Palatine are so called a palatio because the owners thereof, the Earl of Chester, the Bishop of Durham, and the Duke of Lancaster, had formerly in those counties jura regalia as fully as the King in his palace. That is to say, they might pardon treasons, murders, and felonies; they appointed judges and justices of the peace; all writs and indictments ran in their names, as in other counties in the King’s; and all offences were said to be done against their peace, and not as in other places contra pacem domini regis. These palatine privileges, so similar to the regal independent jurisdictions usurped by the great barons on the Continent, during the weak and infant state of the first feudal kingdoms in Europe, were in all probability originally granted to the counties of Chester and Durham because these counties bordered upon inimical countries, Wales and Scotland; in order that the owners, being encouraged by so large an authority, might be the more watchful in its defence. In the twenty-seventh year of Henry the Eighth, however, the powers before mentioned of the owners of these three counties palatine were abridged, the reason for their continuance having in a manner ceased, and in modern times alterations have taken place in regard to the administration of justice in the counties palatine, which have, for the most part, assimilated them in that respect to the rest of England. Thus by the Law Terms Act, 1830, the jurisdiction of the Court of Session of the County Palatine of Chester was abolished, and that county was subjected in all things to the jurisdiction of the Superior Courts of Westminster. And by the Judicature Act, 1873, the jurisdictions of the Court of Common Pleas of Lancaster and of the Court of Pleas of Durham were respectively transferred to the High Court of Justice, by that Act established. None of the counties palatine any longer remain in the hands of subjects. For the Earldom of Chester was united to the Crown by Henry the Third, and has ever since been one of the titles of the monarch’s eldest son; the palatine jurisdiction of Durham was taken from the Bishop of Durham by the Durham (County Palatine) Act, 1836 (amended by the Durham Palatine Act, 1858), and was vested as a separate franchise and royalty in the Crown; and the County Palatine of Lancaster, with the duchy which had been conferred on John of Gaunt, was at length, in the year 1485, vested in King Henry the Seventh and his heirs, as a distinct and separate inheritance from the Crown of England.”
Of these three Palatinates we must, however, here treat only of Chester, the eldest of the trio. There were Earls of Chester in Saxon times, but the establishment of the Palatine County of Chester dates from the Norman Invasion. Before we proceed to describe its foundation and history, let us see what Camden, in his quaint way, has to say about Cheshire and its inhabitants. Quoting Lucian the Monk of Chester, he remarks:—
“Whoever sets about to describe the manners of the inhabitants of this County in general, or in particular, according to their situation, he will find them in comparison with those of other parts of England in some respects better, in others the same. Their manners seem to be in the main of the best sort, according to the general idea of manners. They are sociable in their entertainments, cheerful at meals, liberal in their hospitality, hasty, but soon brought to temper, impatient of dependance and bondage, kind to the distressed, compassionate to the poor, fond of their relations, sparing of labour, free from resentment, not given to excess in eating, undesigning, fond of borrowing other people’s property, abounding with woods and pastures, rich in meat and cattle. They border on one side the Britons, and by long commerce of manners are become very like them. Nor must I forget to observe that the County of Chester bounded by Lime (Macclesfield) Forest from the rest of England enjoys distinguished immunities, and by the indulgences of our Kings and the great merit of its Earls is more accustomed to attend on the Sword of its own Prince than on the Crown of the Sovereign in the assembly of the people, and without restraint or reserve determine the most important causes within its own territories. Hence Chester itself is much frequented by Irish, a neighbour to the Welsh, and plentifully supplied with provisions by the English; beautifully situated, its gates are of an ancient form of building; approved by hard experience. It has merited the name of City by its river and its watch-towers, defended by a watchful guard of holy men and through the mercy of our Saviour it has always been preserved by divine assistance.”
The late Professor Freeman has said: “Chester was the last English city to bow to the Norman invader. After the fall of Chester no integral part of the English kingdom remained unsubdued. William was full King over all England.”
Recognising, as the Romans before him had done, that Chester was the key to Wales, and also that it could be made the headquarters for an invasion of Ireland, the Norman Conqueror placed a great military camp there, and in A.D. 1070 granted to his kinsman and follower Hugh, surnamed Lupus of Avranches (which is situate on the borders of Normandy and Brittany close by Mont St. Michael), the whole of the present county of Chester, and as much of the neighbouring parts of Wales as he could secure, to hold as an independent state inferior to the Crown of England, “ita libere ad gladium, sicut ipse Rex totam tenebat Angliam ad coronam,” “as the very words of the Charter do run,” saith Camden. Which words, says Leycester the Chester antiquary, “some expound to be the tenure of being Sword-bearer of England, whence we read in Matthew Paris that when Henry III. married Eleanor of Provence, A.D. 1236, the marriage was pompously solemnised, and all the great men of the kingdom used those offices and places which had of ancient right belonged to their ancestors at the coronation of the Kings. The Earl of Chester (John Scot) then carried the Sword of St. Edward (which is called Curtein) before the King in token that he was an Earl Palatine and had power by right to restrain the King if he should do amiss, his Constable of Cheshire attending on him.
“But although this office might have of ancient right belonged to the Earls of Chester ever since the time of Hugh Lupus, yet I believe there is something more magnificent couched in these words of the first Charter or donation—namely, a dignity inherent in the Sword, as purchased by it, and to be kept by it also; for as in the Crown of England there is an inherent right of regality annexed, so here is given an inherent right of dignity in the Sword. This is to hold as freely by the Sword as the King holds by the Crown, only inferior to the King. Hence was it that whatsoever we say concerning the pleas of the Crown or to be done against the King’s Crown and Dignity, the same is also said (but in a more limited sense) concerning the pleas of the Sword of Chester, or against the Sword and Dignity of the Earl of Chester, as is most evident out of the records and indictments of those times.”
There were seven of these Norman Earls, viz.:—
I. Hugh Lupus, before mentioned.
II. Richard his son who, when only twenty-five years of age and soon after his marriage, was drowned in the White Ship catastrophe, together with his bride and the two sons (William and Richard) of King Henry the First.
III. Randle Meschines, Viscount Bayeux of Normandy.
IV. Randle Gernons.
V. Hugh Cyveilioc.
VI. Randle Blundeville.
VII. John the Scot, Earl of Huntingdon, who died without issue at Darnhall Abbey, Cheshire, on the 7th June 1237.
These Norman Earls had their Chamberlains or Chancellors; also Justices (before whom causes which of their nature should otherwise belong respectively to the King’s Bench and Common Pleas were triable), a Baron of Exchequer, a Sheriff and other officers similar to those of the Crown at Westminster.
They also had palatinate Barons who held court in council with them. The form of act or grant of Hugh Lupus began thus: “Ego Comes Hugo et mei Barones.” These barons were—
I. Nigel, Baron of Halton, High Constable of Cheshire.
II. Robert, Baron of Monte Alto or Montalt (Hawarden and Mold), High Steward of Cheshire.
III. William, Baron of Wich Maldeberg (Nantwich).
IV. Robert FitzHugh, Baron of Malpas.
V. Richard Vernon, Baron of Shipbrook.
VI. Hamo de Massie, Baron of Dunham-Massie.
VII. Gilbert Venables, Baron of Kinderton, whose heirs male in the direct line continued until 1679—the last survivors of the Barons of Cheshire.
VIII. Nicholas, Baron of Stockport.
IX. Robert, Baron of Rhuddlan.
Each of these barons had his own court of all pleas, suits, and plaints (except such as belonged to the Earl), and power of life and death. The last instance of the execution of this latter power was in the person of Hugh Stringer, who was tried for murder in the court of Sir Thomas Venables, Baron of Kinderton, and was executed in 1597.
The business of these barons was to attend the Earl in Council, follow him, and grace his court, and as an old record sets forth, “they were bound in time of war with the Welsh to find for each knights-fee one horse harnessed or two unharnessed within the divisions of Cheshire. And their knights and free tenants were to be furnished with breastplates and haubergeons, and to defend their respective fees in person.”
The Abbots of Chester and Combermere also had their own courts as well as the barons, and doubtless they and the heads of the other monasteries and priories were called to the Earl’s Council in the same way that other ecclesiastics were summoned to the Parliaments of the early Kings of England. We here give a copy of the plate by Hollar in King’s Vale Royal of “Hugh Lupus, Earl of Chester, sitting in his Parliament with the Barons and Abbots of that County Palatine.”
Of these Norman Earls of Chester the distinguished pre-eminence of Earl Randle Blundeville during his long and active rule has been noticed by all writers on Cheshire history. That he was a strong man is evidenced by his refusal in 1232 to comply with the demand for money from the county made by Henry III., as well as by his resistance to that King’s permission given to the Pope’s officers to collect Peter’s Pence in his Palatinate, and his expulsion of those officers from the county, whereas all England, Scotland, Ireland, and Wales paid.
On one occasion Blundeville was surprised and surrounded in his Castle of Rhuddlan by a superior force of Welsh. He contrived to send a message to his Constable de Lacy for help. It happened that the Abbot’s great fair was being held at Chester, and de Lacy at once collected from those attending it an immense crowd of “Players, Fiddlers, Musicians, and other loose persons,” and marched with them to the relief of Rhuddlan. The Welsh seeing this immense host, and hearing withal the terrible discord of “harp, flute, sackbut, psaltery, and other kinds of music,” evidently concluded that Bedlam was let loose, raised the siege, and took flight.
“Was ever an enemy thrown in such plight?
Did ever a pen such a hist’ry indite?
And yet the fact’s true as black differs from white!”
After the Earl’s return he rewarded de Lacy with an exclusive prerogative over the “Trades and Mysteries” of the followers in his rabble army. The Constable’s son, John de Lacy, reserved his exclusive privileges over the mechanic occupations, but granted the Player and Minstrel prerogative to Hugh Dutton of Dutton and his heirs, who was the son of that Dutton who marched at the head of the minstrels. The Dutton family and their successors, down to the year 1756, regularly held a court (which in the Cheshire Recognisance Rolls is called “a Court of Histrionics”), and granted licences to play on musical instruments within the county and within the city of Chester. The various Acts of Parliament passed for the regulation of “Players Minstrels and other Rogues and Vagabonds” specially recognise this right, and exempt Cheshire from their provisions. We believe to this day this right is recognised in the grant of certain music diplomas.
The rule of the Norman Earls of Chester may be said to have extended over a period of about one hundred and sixty-seven years—that is to say, from the time of the grant to Hugh Lupus down to the death of John the Scot, when, he having died in 1237 without male issue, the Crown seized the Earldom. King Henry III. then gave it to his son, Prince Edward, probably in 1245 (together with other possessions), on his marriage with the Princess Eleanor of Castile. Two years after this the new Earl—the first of the royal Earls of Chester—made his public entry into his county palatine, and in its ancient metropolis received the homage of his officers and military tenants. The entry in the Chronicle of St. Werburgh’s Abbey recording the event runs thus:—
“1236. On the Feast of Kenelm (July 17) The Lord Edward, Earl of Chester, entered Chester for the first time, and was received with all due respect, as well the Clergy as the laity having gone forth to meet him. Having remained three days to receive the homage and fealty, as well of the Nobles of Chester as of Wales, he set out for Wales, to inspect his lands and Castles there, and returning on the day of the invention (or finding) of (the relics of) S. Stephen, August 3rd, he left Chester and returned to England,[3] going by way of Darnall.”
[3] Observe the expression “left Chester and returned to England.” Cheshire was a separate state apart from England.
On Prince Edward succeeding to the throne, he relinquished the Earldom in favour of his eldest son. His successors, on being invested with the executive power when they created their heirs-apparent to the Crown Princes of Wales, at the same time invested them with the Earldom. The oldest title the present King when Prince of Wales held was that of Earl of Chester.
The greater part of the present county of Flint was held by the Norman Earls before the conquest of Wales. King Edward I., after he had created it into a separate county, attached it to the “Sword of Chester” as presently described. It is evident that it was considered an important appanage to the Earldom, as from time to time the name Flint has been associated with that of Chester, the title adopted being that of Earl of Chester and Flint. Edward of Windsor, eldest son of Edward II., was summoned to Parliament by the name of Earl of Chester and Flint, “since which time it has been continued as a title in the Princes of Wales; and there you will be sure to find who were Earls of Flint,” says Peter Heylyn in his Help to English History. The last Prince of Wales summoned by that title to Parliament was Prince George, afterwards George II., in 1714.
If the reigning sovereign had no son to succeed him, the Earldom appears to have been retained by the Crown until a new creation. This was so in the case of Richard II., who styled himself Prince of Chester, and created the county palatine a principality. This, however, was revoked in the following reign.
There seems to have been a close attachment between this King and the people of Chester and of Wales, doubtless in consequence of the esteem in which they held his father, the Black Prince, whom they followed in his French wars, and who had placed confidence in them. King Richard had a bodyguard of 2000 Cheshire archers, many of whom accompanied him in his ill-fated expedition to Ireland, on his return from which he was taken prisoner by Bolingbroke at Flint Castle, and from there, it is said, brought to Chester Castle on his way to London.
When the conquest of Wales had been finally completed by the defeat and death of Prince Llewelyn, Edward the First proceeded to regulate the administration of the territory he had acquired. By his ordinance called the “Statute of Rhudland,” he formed Flintshire into a county, attached, as previously mentioned, but subordinate to, that of Chester, and directed the Sheriff of Flintshire to render his accounts to the Exchequer there. The judges were appointed, sometimes for both counties, at others for each county separately. By the same statute the greater part of the district governed by Llewelyn was divided into the three counties of Anglesey, Carnarvon, and Merioneth, and it was to these counties that the name of “North Wales” was originally confined. Chester and North Wales were the oldest of the Welsh Judicial Circuits.
Subsequently, on the petition of the Welsh themselves, in the reign of the Tudor King, Henry VIII., Wales was incorporated with England, and the Lordships Marches were divided into shires, the counties of Denbigh and Montgomery being added to North Wales. Wales then for the first time sent representatives to the English Parliament, but it was not until the reign of his son, King Edward VI., that the County Palatine of Chester was given parliamentary representation. Professor Freeman has said:—
“The Earldom of Hugh of Avranches stood alone in its greatness from the rest of the realm. How distinct Chester and Durham stood from the rest of the kingdom, is best shown by their having for so many ages (not until the reign of Edward VI.) no voice in the national Parliament. While Chester had its own courts and own baronage, knights and citizens from the all but independent state would have been as much out of place as knights and citizens from the Isle of Man or the Norman islands of the English Channel.”
About this time also, viz. in 1542, it was enacted that sessions for the administration of justice should be held twice in every year in each of the twelve shires of Wales, to be called “The King’s Great Sessions of Wales,” apparently to distinguish them from those of the Justices of the Peace, who were directed to be eight in number in each county, and to hold their sessions four times a year. For the business of the Great Sessions, Wales was divided into four districts, each independent of the rest, with its own judge and its own establishment of judicial officers. Anglesey, Carnarvon, and Merioneth continued as before under the Justice of North Wales, and formed the North Wales Circuit; while Denbigh and Montgomery were joined to Chester, to which, as before mentioned, Flint from its first creation had been attached. Each Circuit at first had a single judge, but in the reign of Elizabeth a second one was added. The judges were styled Justices, and within the limits of their Circuits they exercised all the powers of the Justices of King’s Bench and Common Pleas. They also had an equitable jurisdiction, but important equity cases were seldom brought before them, as the Court of Chancery was open to Welsh suitors, and it was only in matters of immediate urgency that the powers of the Great Sessions as a Court of Equity were found of use. In equity an appeal lay to the House of Lords, and in legal cases “error” could be brought in the King’s Bench. In the administration of criminal law, when cases of difficulty arose the opinion of the twelve Judges was obtained, in a similar way to that which was pursued in England. The process of the Courts could only be executed in the counties of the Circuit, and the want of further power to give effect to their orders outside their jurisdiction was one of their greatest disadvantages. But when final judgment had been obtained, a transcript of the record could be removed and execution issued from one of the Superior Courts. Each Circuit had its judicial seal. The use of seals was looked upon as a matter of paramount importance (as it is in many foreign Courts at the present time), and Henry VIII. himself is stated to have devised these seals. The original seal of Chester was used for Flint. Here we give an illustration from the last seal which was in use when the Chester Palatinate Court was dissolved. Another original seal for the shires of Denbigh and Montgomery was entrusted to the Steward and Chamberlain of Denbigh, and these two counties formed in some respects a distinct division of the Chester Circuit. Causes commenced in the Superior Courts could be sent down to Chester to be tried. The equitable jurisdiction at Chester belonged to the Chamberlain and not to the Justices. The Chamberlain’s Court is described as having been one of a very singular character, and to have administered a mixture of law and equity. The Vice-Chamberlain presided as the Judge, and the business, which is said to have been at one time considerable, appears latterly to have been small; but it is to be regretted that it was abolished and not retained, as in the adjoining County Palatine of Lancaster, as in these days it would have been of great use.
The Chief-Justiceship of Chester, being the most lucrative as well as the most important of the Welsh Judgeships, was looked upon as one of the great prizes of the profession, and was held by many distinguished men. When the Great Session came to an end the salary of the Chief Justice was £1630, and that of the second Justice £1250. An annual pension of £1015, 12s. was granted to Thomas Jervis (father of Sir John Jervis, Chief Justice of the Common Pleas), who was second Justice of Chester, by way of compensation for loss of his office. The Chief-Justiceship of Cheshire was vacant at the time. In Ormerod’s History of Chester, in the History of the Great Sessions of Wales, by Mr. W. R. Williams, and in the contribution to the History of the Courts of Great Session of Wales and of the Chester Circuit, by the late Chancellor Trevor Parkins, from which I have obtained a considerable amount of information, is given a list of judges and officers of these Courts from early days to their abolition in 1830. A very important person on every Circuit was the Attorney-General, who was appointed by the Crown, and possessed all the powers of the King’s Attorney-General. The principal officer on each Circuit was the Prothonotary, who attended on the Justices when they held their Courts, and discharged similar duties to those now performed by the Associate. He was appointed by the Crown, and was usually Clerk of the Crown also. The subordinate officers were a marshal, a registrar, and a crier, and these were appointed by the Chief Justice.
The Chamberlain of Chester or his Deputy was the Keeper of the original Seal of Chester and Flint. At Chester, where a considerable amount of business was transacted, there was a much larger bar than there was on the Welsh Circuits. The Northern Circuit was strongly represented there. John Williams, James Parke (afterwards Lord Wensleydale), Joseph Littledale, William Wightman, and Charles Crompton, all of whom became High Court Judges, were among the members of the Northern Circuit who practised at the Chester Assizes in the early years of the last century. David Francis Jones, for some time Recorder of Chester, better known as Sergeant Atcherley, and those eminent lawyers, John Horatio Lloyd and William Newland Welsby, Recorder of Chester, and long the leader of the present Chester and North Wales Circuit, were also members of the Chester Palatine Bar. Lord Kenyon and Chief Baron Richards, both of whom were afterwards Chief Justices of Chester, were among those who belonged to the Welsh Circuit.
We give an illustration of the old County Hall and of the Old Court of Exchequer at Chester Castle (where causes were heard), before they were taken down and the present classical buildings, the creation of a Chester architect, were erected at the close of the eighteenth century, taken from the Gentleman’s Magazine of June 1789. The Exchequer Court is said to have been the building in which the Norman Earls sat in Council.
Some years after the abolition of the Palatine Courts the records relating to them and to the County Palatine were examined, arranged, and ably reported upon by the late Mr. Black of the Public Record Office. Efforts were made to retain these records at Chester, where it was proposed that a branch of the Public Record Office should be established; but ultimately in the autumn of 1854 they were removed to London, first of all to the Tower, and afterwards to the Public Record Office in Chancery and Fetter Lanes.
I find in Appendix 11 of the Sixteenth Report of the Deputy Keeper of the Public Records the following:—“The records brought from Chester packed as closely as possible, filled four or five large boxes and 369 bags, about 100 of the latter being large five bushel bags. The weight was nearly 13 tons. They filled five of the largest London and North-Western Railway luggage vans.” These records are being gradually cleaned and classified. The reports and calendars relating to them, which have already been published, are extremely valuable and interesting, although they only touch the very fringe of the information contained in such an immense mass of documents. There are no more able or courteous public servants than those in the Record Office, but they cannot do impossibilities, and unless the staff is increased it will be ages before the public can be informed of the entire contents of these valuable Cheshire and Welsh records. We here give one of the entries on the Chester Recognisance Roll of the time of the Owen Glyndwr rebellion, as a sample of the entries contained in the Deputy-Keeper’s reports:—1403 September 4.—The Mayor, Sheriffs, and Aldermen of the City of Chester are empowered and directed by Writ to “expel all Welsh from the City, both men and women, the same not to enter the City before sunrise or tarry in it after sunset, on pain of decapitation, nor presume to walk about armed, except with a knife to cut their dinner, nor to use any tavern or to hold meetings in the same, nor any three of the said Welsh to meet together within the Walls on pain of being sent to prison as rebels; and should any strangers, Welshmen, viz. from the County of Flint, or other parts of Wales, come to the said City, the same to leave their arms, &c., outside the gate by which they entered.”
Camden, in speaking of Cheshire, has said “this County ever surpassed the rest in producing nobility, nor is there any County in England that has anciently brought more Noblemen into the field or can boast a greater number of Knightly Families.”
“Cheshire Chief of Men” is an ancient Cheshire proverb, and is used by Michael Drayton in his Polyolbion.
We may summarise the history of the County Palatine of Chester thus:—On its foundation and during the reigns of the Norman Earls, it assumed the form of a semi-regal state. Afterwards, on the assumption of the Earldom by the eldest sons of the Kings of England, it became their most ancient appanage, and at first was maintained with all its regalities. Edward I. made Chester his headquarters during his Welsh wars, and resided in the city and neighbourhood more than any other sovereign or prince has done. Subsequently the powers of the Palatinate were gradually vested in the Crown, and finally abolished in the reign of Henry VIII., the administration of the law being all that was left of its ancient prerogatives. Finally, by the Act of 1830 this peculiar jurisdiction was also taken from it, and, as we have already seen, in 1854 all its records (the muniments of its former greatness) were removed to London.
All that remains is the name “County Palatine,” and the title it gives to the reigning monarch’s eldest son.
The Old Shire Hall, Chester.
(Now pulled down.)