The History of Oswestry / Comprising the British, Saxon, Norman, and English eras; the topography of the borough; and its ecclesiastical and civic history; with notices of botany, geology, statistics, angling, and biography: to which are added sketches of the environs

by William Cathrall

The Charter

was granted

“to the ancient Borough and Corporation of Oswestry, alias Oswaldstrey, in the County of Salop: That they be encorporated by the name of The Mayor, Aldermen, Common-council-men, and Burgesses of Oswestry; and that they are empowered to purchase lands to them and their heirs for ever, and to give and bequeath or otherwise dispose of the same: That the said corporation may have one common seal for dispatching of all business concerning the said borough; and to change and make new their same seal, as often as they shall think convenient: That there be Twelve Aldermen and Fifteen Common-council-men; whereof one of the said aldermen is to be Steward: and that whoever is chosen steward, must come in as an alderman. And that there shall be chosen a discreet person for Recorder, well learned in the law, who must be one of the Common-council-men: That the said borough may have one house of meeting, to be called the Guild-hall of the said town; and that the mayor, aldermen, common-council-men, steward, and recorder may meet there, or in any other convenient place within the said borough, for making, establishing, &c. any laws, orders, &c. for the better government of the said corporation; and to declare in what manner the said mayor, &c. may manage themselves in the negociation of the said borough: and that the said mayor, aldermen, &c. or the greatest part of them, may imprison the bodies or impose fines or otherwise, upon all such as shall offend against the said laws, &c. and that the one moiety of the said fines to be levied for the use of the said mayor, aldermen, &c.; and the other moiety to the use of the lord of the manor: provided, such laws, &c. be not repugnant to the laws of the land, or contrary thereto, or prejudicial to the lord of the manor: That Richard Pope, first mayor, continue in his mayoralty from the day of the date hereof, until the next Friday after the feast of St. Michael, the Archangel, 1674, and until another be sworn in his stead. Sir John Trevor, knt.; Morgan Wynne, esquire; Edward Owen, Richard Edwards, Richard Lloyd, the aforesaid Richard Pope, gentlemen; Gabriel Edwards, woollen-draper; Hugh Price, woollen-draper; John Jones, mercer; Richard Jones, John Blodwell, gentlemen; and John Lloyd, mercer, to be the first aldermen; and to continue in their office during life, unless for just cause any of them shall be removed by the mayor, aldermen, common-council-men, &c. or the greatest part of them.—Richard Price, brewer; Richard Jones, mercer; John Glover, tanner; Richard Jones, glover; Edwd. Evans, apothecary; John Jones, glover; John Muckleston, shoemaker; Thomas Edwards, gentleman; Thomas Edwards, baker; Nathaniel Jones, brewer; Hugh Edwards, shoemaker; Timothy George, mercer; Thomas Vaughan, chandler; William Price, butcher; and Thomas Felton, brasier, to be the first common-council-men; and to continue in office during life, unless removed as aforesaid. The mayor, &c. to meet on the next Friday after Michaelmas, yearly, and to choose at that time, out of the common-council-men, a new mayor; and to swear him in then, if present, or within twenty-one days next after such election, before the old mayor or (in his absence) before two or more of the aldermen of the said borough. If the mayor happen to die, or be removed out of his place for not well demeaning himself, or for any other just cause, before the expiration of the said year, that then and in such case, the aldermen, and common-council-men, &c. or the major part of them, shall elect and choose another mayor for the executing the said office of mayoralty during the remainder only of the said year. And upon the decease of any aldermen or common-council-men, to choose others to make up the number; administering to them their oaths for the executing of their places: and that they shall be sworn in the presence of the mayor, or (in case of his absence) of the aldermen, common-council-men, or the major part of them. In case the mayor be sick or absent, that the mayor may constitute and appoint one of the aldermen to be his deputy; and that being duly sworn, he may officiate the place of mayoralty during such sickness or absence, as fully and effectually in every respect as the said mayor might or could have done personally. When Morgan Wynne, the present Recorder, dies, or should happen to be dismissed, that the mayor, aldermen, &c., choose another, able and experienced in the law, within one month after such decease or dismission. The mayor, coroner, steward and recorder, during the time and term of holding their places, shall be Justices of the Peace, &c., and that each and every of them are Clerks of the Market, to settle weights and measures, and all other laws and ordinances incident thereto; and to officiate the same as fully and effectually as any other of his Majesty’s justices of the peace might or could do. Sir John Trevor, knight; Robert Owen, and Edward Kinaston, esquires, or any of them, to swear the first mayor; and that the mayor being sworn, he is to swear the coroner, steward, recorder, &c. That the mayor, steward, and recorder, or any two of them (whereof the mayor to be one) may keep a Quarter Sessions for all offences, as fully and effectually as the justices of the said county of Salop may do; and that any one of them may commit to the common gaol of the said county any person accused of treason, murder, man-slaughter, or felony, whatsoever: and that the justices of the said county have no power to intermeddle with the said borough upon any cause whatsoever. That the mayor (for the time being), shall choose any inhabitants of the borough, Constables; and to swear them in accordingly. The mayor to choose two Sergeants, to attend upon him or his deputy, when required; and to continue for one year (if they well demean themselves): and that the said sergeants shall carry two maces with his Majesty’s and successors’ arms, and the arms of the lord of the manor thereon, in their hands or upon their shoulders bare-headed, before the mayor, when required: and that the said sergeants shall be sworn by the mayor, for the due executing of all precepts, warrants, &c. The last mayor to be Coroner, who shall have as full power to officiate as any other coroner in any of his Majesty’s counties hath, or may have; and not to execute his power before he be sworn before the mayor or his deputy: and upon the death of any coroner, the mayor, aldermen, &c., to choose another. A Court of Record to be kept every Friday, at the guild-hall, before the mayor or his deputy; and to try all actions and causes whatsoever, as fully as the bailiffs and burgesses formerly did, or as fully as any corporation in his Majesty’s kingdom do, or did formerly: and that the mayor, &c. shall have to their use the one moiety of the issues, amerciaments, &c.; and the other moiety thereof, to the use of the lord of the manor. John Morral to be Common Clerk of the Borough, and Clerk of the Court; and may have a deputy, to be appointed by the steward: that the common clerk to be nominated by the lord of the manor, and to be sworn, as well as all other officers by the mayor: that if he shall not reside in the said borough, then he shall employ, in his absence, an honest and able attorney of the said court, to be approved of by the steward: and the said attorney shall officiate in the time of his absence.—Six Attornies to be of the court: whereof four to be chosen by the mayor, and two by the steward. One Marshal, or Crier to be chosen by the mayor. The mayor, aldermen, &c. to have within the borough a Gaol or Prison, for detaining of all prisoners, committed by the mayor, steward, or recorder, or any of them: and that the mayor, recorder, clerk of the market, common clerk, marshal, keepers of the prison, and sergeants (for the time being) shall receive such Fees, &c. as the bailiffs, &c. of Ludlow, and the said borough, have hitherto received. [Ludlow fees are half of the Common Pleas.] All burgesses and other inhabitants of the said borough to pay scot and lot, and to be assessed for the maintenance, good order, and further profit of the same; and in default of payment, distresses to be laid upon their goods.—The mayor, &c. to have power to elect persons who have served seven years’ apprenticeship, or that have been householders (paying scot and lot) seven years within the said borough, Burgesses: and with the approbation of the steward, to make any other person burgess of the said borough; and so continue, unless for any just cause he be expelled by the mayor, &c. No Stranger or Foreigner shall exercise any Trade in the borough (except it be in time of fair) unless he be a burgess; nor keep any shop, without special licence from the mayor, aldermen, &c. or the major part of them: the mayor, &c. to punish such foreigners and strangers by fines, and to distress upon their goods, in default of payment. The mayor and corporation, and burgesses, Exempt from serving on Juries out of the borough, at assizes or quarter-sessions. The corporation to have return of writs; and all which returns to be made by the mayor. No high-sheriff, or any of his officers, to enter the liberty, unless in defect of the mayor for the time being. The mayor or clerk to receive recognizances, according to form of Statute Merchant, or Acton Burnell; and to make execution, &c. as fully as any other town can do, by virtue of the said statute: and that there shall be a seal for the sealing of those recognizances. The mayor and corporation may purchase lands, &c. not exceeding £50 a year, but such as are not held in capite or knight’s service. The said borough is to enjoy two Markets weekly, for ever; that is, one on Wednesday and the other on Friday. To have a Fair on the 2nd, 3rd, and 4th days of March, yearly; and the fairs on the 1st and 2nd of May, the 4th and 5th of August, and the 29th and 30th of November, to be continued as heretofore. And if any of the said fairs shall fall upon the Lord’s-day, then the same to be kept on the Monday following. The mayor, &c. may hold a Court of Pie-poudre at the time of the fairs; and to take the usual tolls of markets and fairs—all rights, &c. of the lord of the manor excepted.”

The privileges secured to the inhabitants of the borough by this Charter must, at the time of its being granted, have been very valuable, and no doubt contributed greatly to the good government and prosperity of the town, during subsequent times. Some of such privileges have been superseded by the provisions of the Municipal Corporation Act, 5 & 6, William 4th, cap. 76, entitled “An Act to provide for the Regulation of Municipal Corporations in England and Wales,” and other modern enactments; but others still remain, although the value and convenience of them appear in some degree to be overlooked. The Charter secures some peculiar privileges with respect to trade which may not probably harmonize with modern views and notions; but the privileges of trying at Quarter Sessions all offences, except felonies, committed within the borough, and of suing for debts, unlimited in amount, in the Court of Record, ought not to be regarded otherwise than as precious relics of byegone times. It is true, that the Court of Quarter Sessions has been constantly and regularly held by the most able Recorder, J. R. Kenyon, Esq.; but the Court of Record has of late years been so seldom resorted to, that on a late occasion, when a cause was tried before it, a local newspaper referred to it with special wonder, hinting its surprise that, in a place where the weapons of legal warfare were so easily obtained, the inhabitants should so long have ceased to use them, and to remain in peace amongst themselves, without any legal strife in a Court of Record. Although, however, debts without limit, as regards amount, may be sued for, the final process of the Court is confined to the borough, and cannot be put in force beyond its boundary; and this circumstance, connected also with the facilities for the recovery of debts afforded by the Small Debts Act, has rendered resort to the Court of Record less frequent than, under other circumstances, it doubtless would have been; still, to have it is a privilege, as is also the exemption from serving on Juries at the Assizes, or County Quarter Sessions, secured by the Charter.

The Restoration brought with it, of course, the ascendancy of loyal subjects and monarchical principles in all parts of the realm. Charles, however, did not make the wisest use of the power and influence he had newly acquired; and the closing hours of his life proved that his religious principles, unfixed and vacillating, were ill adapted to the requirements of the age. Howsoever much other parts of the kingdom were disturbed during this reign, the town of Oswestry would seem to have resumed a tranquil position: the injury and damage sustained in it during the many years of disquietude and war were partially restored; the ancient Church was gradually repaired; but the Castle, so dilapidated and broken down, was permitted to lie in ruins; the crown made no effort to restore it; and by degrees its shattered walls and fallen columns were carried away by nocturnal depredators, until at length the vestiges of the fortress consisted of little more than the mound still left in our sight.

In 1681, only four years before Charles’s death, a polemic scene was enacted in Oswestry, which, from the celebrity of the parties engaged in it, forms no uninteresting feature in the history of the town. Charles’s reign was marked by odious political intolerance and injustice. He aimed at absolutism, and was as regardless of religious liberty as of religion itself. The controversy to which we have alluded occurred in the Guildhall of Oswestry, in September, 1681, and was conducted throughout in a spirit of candour and moderation not frequently to be witnessed in that turbulent period. The leading parties engaged were Dr. Lloyd, Bishop of St. Asaph (the prelate who preached the first sermon in the Chapel Royal to William III.), and the distinguished Philip Henry, of Broad Oak, Flintshire (father of the erudite and evangelical Matthew Henry, the Commentator on the Bible). Other nonconformist Ministers were present, and took part in the proceedings, especially Mr. James Owen, then of Oswestry—but afterwards of Shrewsbury Seminary for the education of Dissenting Ministers—a man of considerable acquirements and genuine piety. The Bishop, upon his elevation to the episcopal chair, was desirous of securing the conformity of those who dissented, and “that he might do it with the cords of a man, he resolved to reason the matter with them, and endeavour to effect their conviction by discourse, in which he had a very great facility both by learning and temper.” The account from which we derive these particulars goes on to state, that “one of the most eminent nonconformist ministers in his diocese was Mr. James Owen, of Oswestry. The Bishop had several interviews with Mr. Owen in private. At last he appointed a meeting to be held in the Town Hall, Oswestry, on Tuesday, the 27th of September, 1681, at which he requested Mr. Owen to give an account ‘by what right he exercised the ministry, not having episcopal ordination.’ He also directed him to procure any other ministers he could to assist him, for ‘he would be glad to hear what any of them had to say for themselves.’ Mr. Owen sought the co-operation of Mr. Henry, which, after much hesitation, was granted; to whom also was joined Mr. Jonathan Roberts, ‘a plain man of great integrity, and a very good scholar.’ On the day appointed the Bishop made his appearance with the famous Henry Dodwell. In those days of intolerance, some parties had refrained from engaging in the controversy, ‘lest it might be prejudicial to their liberty. The Bishop, however, was pleased to promise that no thing which should be said, by way of argument, should be any way turned to the prejudice of the disputants, nor advantage taken of it to give them trouble.’ There was convened a large number of the gentry and clergy of the neighbourhood, the magistrates of the town, and a great concourse of people. The discussion lasted from two in the afternoon till between seven and eight at night. ‘Much was said, pro and con, touching the identity of bishops and presbyters, the bishoping and unbishoping of Timothy and Titus, &c. It was managed with a great deal of liberty, and not under the strict laws of disputation.’ ‘The Bishop won golden opinions from all parties on account of the gravity, calmness, and evenness of spirit’ with which he conducted his part; while he seems to have been so much gratified with the temper of his opponents, as to have formed from that time a most intimate friendship with Mr. Henry.” The report does not inform us whether the Bishop was convinced by the arguments of the nonconformists. That Philip Henry retained his opinions is undeniable; for he never ceased advocating, with Christian zeal and moderation, the principles of nonconformity. It is gratifying, however, to read of so tolerant and well-conducted a disputation in so persecuting an age; it speaks much in favor of the just and beneficent spirit of Bishop Lloyd.

The reign of James II. offers no particular incident in relation to Oswestry. As a sovereign he was worthless and dangerous. His darling objects were, the establishment, throughout the land, of the Roman Catholic religion, and the restriction of popular freedom. During his brief occupation of the throne he paid a visit to Shrewsbury and Whitchurch; and on his way from the metropolis sojourned at Ludlow for a night, and passed through the Strettons. The people of Shrewsbury had not been favoured with a royal visit for nearly half a century, and were now disposed to give the monarch a cordial reception. All the public functionaries were trained and disciplined as to duty, for an incident had occurred in the royal progress, so ludicrous in character, that the Shrewsbury corporation resolved it should not be re-enacted amid their loyal congratulations. The story to which we refer may be true or fabulous; but it is too good not to be connected with a notice of James’s reign: and, after all, the mayor of the town where the scene is laid, in adopting literally the promptings of the learned recorder, was not, to use a common phrase, “so great a fool as he seemed to be.” If King James had received those promptings in a wise spirit—mirth-exciting as they must have been—he might have been a good sovereign, and had around him loyal and devoted subjects.

The mayor whose absurdities we are about to describe is said to have been both illiterate and dull, incapable of reading or remembering an address. It was settled therefore, says the tale, that the recorder should stand behind him, to set him right if he happened to be out. When they (the corporation) were ushered into the royal presence, and the chief magistrate was about to commence his harangue, as he appeared somewhat sheepish and embarassed, his friendly monitor whispered in his ear, “Hold up your head, sir, and look like a man!” Mistaking this for the beginning of his speech, he boldly stared the king in the face, and roared out, “Hold, up your head, sir, and look like a man!” Alarmed at the frightful blunder just made, the recorder whispered to the chief magistrate (who at this moment must have resembled the celebrated Mayor of Garrat, with two nosegays in his coat), “What the d—l do you mean, sir?” The mayor, as stolid as ever, and nothing abashed, thundered out the recorder’s exclamation as boldly as before. The recorder, indignant and irritated, muttered, “By heavens, sir, you’ll ruin us all!” His worship, taking this to be a continuance of the speech, and still staring his majesty full in the face, with a yet louder voice repeated, “By heavens, sir, you’ll ruin us all!” Even kingly patience could bear this no longer, and rising, his majesty in an angry tone demanded what was the meaning of this jargon? when the recorder laid before him “the facts of the case,” and the king passed the affair by with a gracious smile.