THE RESTORATION.
It is unnecessary here to do more than merely advert to the unhappy close of Charles I.’s reign, the triumphs of Cromwell, and the bold and manly efforts made by Charles II. to obtain the Crown which had been so violently wrested from his father. Although Cromwell had made himself Lord Protector of England, Scotland, and Ireland, yet he reposed not on a bed of roses. “Every party in the kingdom soon became disgusted with Cromwell’s dominion. The royalists were indignant to see the ancient monarchy usurped by an upstart who had no hereditary claim upon their allegiance; the republicans were mortified to see all their blood and efforts, which had been spent for the setting-up of the Commonwealth, lavished only for the support of a government which, in everything but the name, was a most despotic monarchy; the Presbyterians were chagrined at the favour of their rivals, the Independents, and at a general toleration of every religious denomination (except the Church of England).” Conspiracies and plots were hatched in many parts of the land; and the Protector was kept on the alert by daily intelligence that the exiled king would challenge the usurper, and claim the British throne as soon as a favourable opportunity presented itself for so bold an enterprise. Cromwell, however, after various struggles with the royalist forces, was summoned to “the house appointed for all men living.” He was succeeded, for a brief period, by his son Richard, who speedily retired from public life. General Monk, who had been an intrepid commander both of the royalist and the parliamentary forces, and who possessed powerful influence in the country, on the death of the Protector Cromwell wisely threw the weight of that influence into the royalist scale, and adopted measures at once to bring back Charles II. from France to England. Upon that joyful event all ranks hastened to return to their allegiance, and on the 29th of May, 1660, Charles II. set his foot again upon British soil, and immediately assumed the functions of sovereignty.
During the events to which we have been adverting the town of Oswestry suffered much privation and distress by the feuds and divisions into which all classes of men were thrown. A letter from Mr. John Griffith to Major-General Mytton, dated January 7th, 1650, shows that Oswestry was enduring much hardship. The letter, which is copied from the Halston MSS., is as follows:—
“Honor’d Sir,
I receaved a note from * * * * to write unto yor honor concerning our sufferings. I presume yor honor knowes the maner of our sufferings, and how we may be releeved is better known to you then to us. The Baylifes and the rest of the sufferinge people of Oswestree depende much upon your assistance, and hope yor honor will have a fitt opportunity to doe this poor towne good. * * * I shall make bould to put yor honor in mind of your promise to draw a petition to the Parliament wth yor owne handes, wch we all hope you will doe before yor returne, and then yor honor shall further ingadge the whole towne ever to pray for yor honor, and especially
Yor servant,
JOHN GRIFFITH.”“Osw., the 7th of January, 1650.”
“To the Honrable Major Generall Mytton, at London.”
There are no records extant showing precisely the position of civil and military affairs, as regards the town of Oswestry, in the struggles of Charles II. for the Crown. The parliamentary party held firm possession of all towns which they had taken, and against Charles they fought as fiercely as against his murdered father. Whatsoever the position of Oswestry was at the period to which we are referring, that of a valiant neighbour, Sir Thomas Myddleton, of Chirk Castle, was dangerous and deeply painful. In 1659, upon the royalists of Cheshire, headed by Sir George Booth, declaring in favour of Charles, the venerable old man, then eighty years of age, decided in favour of the ancient constitution, believing monarchy to be indispensable to the settlement of the nation, and proclaimed Charles II. at Wrexham. For this act he suffered severely, but was named afterwards as Commander-in-chief of the Counties of North Wales, and as Governor of Shrewsbury, although this latter nomination seems to have embarrassed Sir Edward Hyde, Chief Minister of Charles II., as likely to clash with the views of his friend Lord Newport, who had ever been a staunch friend to the royalist cause.
The events of public interest that occurred in connection with the town subsequent to the Restoration were “few and far between.” The most important act in Charles II.’s reign was his grant in 1673 of a Charter, which, looking at the privileges it confers upon the town, is considered by some to be the Magna Charta of Oswestry. Its importance to the borough, as its provisions are still acted upon in the leading Law-Court of the town, justifies us in giving a correct abridgment of it:—
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.