Home Page	Exchange	Pentice	Town Hall	Norman Charters
Plantagnenet Charters	Lancaster Charters	Tudor Charters	Stuart Charters	Hanover Charters

CHARTERS &c.

Kellys Directory

At the time of the Conquest Chester ranked as a Merchant Guild, and the chief citizens assembled in guild to make laws for their guidance and protection; charters of privileges were granted to the city by the successive Norman earls, and these were confirmed and enlarged by Hen. II and John, and Hen. III in 1242 constituted the chief magistrate mayor: Hen. VII, by charter, in 1506, made the city of Chester a county in itself, and granted to the mayor and corporation jurisdiction over the river or Dee, from Heron Bridge to Arnold's Eye: during the Commonwealth the city deprived of its privileges as a separate county, and the Corporation dissolved 17 Sept. 1659; but in 1664, Charles II confirmed the grant and charter of Henry VII and the Corporation continued to be elected under the charter of Charles II until the passing of the Municipal Corporations Act, 1835 (5 and 6 Wm. IV, c. 76 ) by which the city was divided into five wards,Each returning 6 councillors ; and the Corporation now consists of a mayor , sheriff eleven aldermen and thirty-three councillors who also act as the Urban Sanitary Authority ; by the County of Chester Review Order, 1936, the city was increased by the addition of parts of the parishes of Blacon Hoole , Claverton Newton Great Broughton, Little Saughall and Marleston-cum - Lache The city has a commission of the peace and separate court of Quarter Sessions and a police force ,and ancient Courts of Record called the " Court of Pentice " and the " Court of Portmote " Under the Local Government act 1888 , Chester is declared a " county borough " for certain purposes of that Act .Chester returned two members to Parliament from the 1st year of Queen Mary (1553) the elective franchise being vested in the freemen and householders ; but under the Redistribution of Seats Act, 1885 the representation was reduced to one member the franchise having been previously extended in accordance with the Representation of the People Act, 1867 (30 and 31 Vict . c.102).Under the Representation of the People Act, 1918, the borough, with that portion of the county forming the Chester Rural District was merged in the City of Chester Parliamentary division, which returns one member.

The city arms:- " England, dimidiating az. 3 garbs, or," are probably at least as old as 1283, and were confirmed by William Flower, Norroy, 3 Sept. 1580, with crest and supporters; but in the 17th and 18th centuries the coat " -az. 3 garbs , or," surmounted by a sword in pale - was used.



Edward IV. released £50. of the said fee farm, which must be either the former or some other arrears.-An. I.Ed.IV.
King Henry VII. did in the first year of his reign, remit for ever to the citizens of Chester, the sum of £80. per ann. being part of the fee farm rent; the remaining 204. is still paid. Also,

Some form of Municipal government appears to have existed in Saxon times which had evidently come down from the period of Roman occupation. After the Norman conquest the title of "Maire" was conferred by the people upon the man chosen as the head of the municipality. The Saxon "Wic-reeves" became " Bailiffs," and the "burghers" were called "citizens." The earliest charters did not materially alter the forms of local government; as a rule, they merely recognised and confirmed existing privileges. The immunities of the Guilds were respected, and in any proposed change exceptions were always made in their favour. The citizens jealously watched over their rights, which, as the name of "Guild" implies, had been handed down to them from Saxon times. The early Norman kings imposed an annual rent or fee-farm upon cities, which bargain, although accepted with a bad grace, was insisted upon for centuries. If concessions were granted, it was only for reasons which would have made the refusal of them arbitrary and oppressive. Every man became a member of a Guild as soon as he had been enrolled a citizen. These bodies met in the Guildhall on the occasion of their periodical feasts, or solemn assemblies, and the institution of "The Loving Cup," which still survives, is traced to those ancient ceremonials, when it was filled with spiced wine, and formally passed round to each guest, exactly as at some of the Mayoral banquets of the present day. For the beginning of any settled form of local government we must go back to the middle of the eleventh century at least. Charters of rights were granted by Edward the Confessor to various cities, doubtless including Chester. Bodies Corporate were created in this way, they had a common seal, one or more head officers, and a certain number of members, empowered by common consent to grant or receive in law, and to deal with any matter within the compass of their charter. In the case of Chester some of its earliest Charters were granted by the Norman Earl, Randal Blundeville. Many of them are still preserved among the city muniments,and form not the least valuable of its historical treasures. It is unnecessary to give them at length as they are now accessible to all who care to consult them. It will be enough, therefore, to refer to them shortly, as illustrating the growth and progress of Municipal government.

About the year 1171 Henry II. granted permission to the Burgesses of Chester to buy and sell at Dublin, "having and observing the same customs which they observed in the time of King Henry my grandfather." This not only suggests an earlier charter, but shows that there existed a considerable trade, even at this early period, between the two ports.

The next chatters, in order of date, are three granted at the beginning of the thirteenth century by the powerful Earl of Chester, Randal Blundeville. By his first charter he granted "to the men of Chester of my domain, and their heirs, that no one may buy or sell any kind of merchandise, which shall come to the city of Chester by sea or by land, but them or their heirs, or by their favour, save at the fairs appointed." These fairs were appointed to be held at the Nativity of St. John the Baptist, June 24th, and the Feast of St. Michael, September 29th. The same Earl granted by charter "to all my citizens of Chester their Gild Merchant with all the liberties and free customs which they have ever had, better and more freely and more quietly in the times of my ancestors, in the aforesaid Gild." His third charter, while confirming previous grants, conferred certain legal privileges. "If any citizen of my aforesaid city die, his will, reasonably made, may be made good in law, and from wheresoever made." The next provision is curious :-" If any citizen shall make any purchase in open day, and before witnesses, and a suit shall afterwards arise from a Frenchman or Englishman, who can reasonably dispute the purchase," he shall restore what he has purchased, but be liable to nothing further. But, the charter proceeds, "if suit shall arise from a Welshman who can reasonably dispute the purchase, he shall give back to the citizen the price of the article bought, which the same citizen can reasonably show that he gave for the thing bought." The fifth charter, adopting the order in which they are given in the "Historical Manuscripts," is one by John, Earl of Moreton, and Lord of Ireland, (afterwards King), confirming the charter of Henry II. enabling the citizens to trade in Ireland. Whether some resistance had been made to this charter does not appear, but later John enjoined all his Bailiffs in Ireland "to guard and protect the citizens of Chester, and all their goods and possessions, and not do, or allow to be done,to them any injury or annoyance . - - so that I hear no complaints thereof." And after he succeeded to the throne John intimated to all his Justicianes, Constables, and Bailiffs in Ireland, that he had granted another chaffer to the citizens of Chester, confirming "all the free customs which they have been wont to have in our land of Ireland," and proceeds, evidently not without reason, "we strictly forbid you to harass them herein in any respect or to do or allow to be done to them therein any wrong or annoyance.

John the Scot, the last of the Norman Earls of Chester, by a charter granted between 1234-37 confirmed "to my citizens of Chester, that no merchant shall buy or sell any kind of merchandise, which shall have come to the city of Chester, by sea or land, except the citizens themselves, or their heirs, or by their favour, except on the appointed market-days, that is to say, at the Nativity of St. John the Baptist, or at the Feast of St. Michael." He also confirmed the charter as to purchase in market overt, with the invidious exception in the case of Welsh plaintiffs. The Guild Merchant, also, was confirmed, and a curious custom known as "caption" was defined ."Caption" was the seizing or taking of a certain proportion of the merchandise offered for sale. Then the charter goes on, "that no caption be made in the city of Chester except for the use of the Lord Earl and his Justiciary whilst they are here, and that this should be thirteen pennyworths for twelve, except only ale," and caption of that was to be taken only to the extent of four pints of one brewing, "and the price of each pint ought to be four-pence." And no one was to have the caption of ale except the Lord Earl and his Jnsticiary. On the eighth of December, 1237, Henry III. confirmed the charter of Randal Blnndeville, this charter being under the hand of "the Venerable Father, R. Bishop of Chichester, Our Chancellor at Westminster." On the same day another charter was signed by the same high official confirming the charter of Randal granting Guild Merchant. In the following year the King himself confirmed the charter granting the exclusive right of trading in Chester to the citizens. On the sixteenth of July, 1270, Prince Edward, son of Henry III., by his letters patent to his Justiciary at Chester, "desiring to show, as we are bound, to our citizens of Chester, a special favour, and that may be more closely defended and maintained in their rights," firmly enjoined him to take nothing from them "save the due prises which are ours, the price of which take care to pay within forty days."

Edward I., by charter dated the twelfth of June, 1300, confirmed the previous charters, but stipulated for fee-farm of £100 per annum, one-half to be paid at Easter, and the other moiety at Michaelmas. Permission was given to the citizens to choose Coroners. The Mayor and Bailiffs were invested with the power to hold a Court for Crown Pleas, and citizens were permitted to hold certain Courts and to impose fines in certain minor cases. They were to receive toll or customs of imports; their goods were not to be seized for debt; they were not to be liable for the misdeeds of their servants; heirs, executors, and friends, of any citizen dying, should he be entitled to the estate; the City Bailiff only was to discharge the duties of Bailiff in the city: no person arrested within the city was to be taken to any prison other than that at the Northgate , where he was to be kept until he could be dealt with according to the law and custom of the city; and citizens were to be allowed to build upon vacant pieces of ground. For these concessions the citizens were to pay into the Exchequer the sum of £100 yearly. In December, 1328 , Edward III. inspected and confirmed this charter. In 1352 Edward the Black Prince, Earl of Chester, gave notice to the Mayor and citizens that he had granted the fee-farm of £100 payable by the city yearly to Richard, Earl of Arundel, for his life, commanding them at the same time "to be attentive and obedient to the said Earl and his attornies in the payment of the said Farm." Three years later, the ninth of March, 1355, the "Black Prince" confirmed the previous charters and granted other privileges. The chattels of felons and fugitives, to the amount of £30 were to belong to the city, above that amount to the King. The Mayor, by virtue of his office, was to be escheater to the King. The boundaries of the city were described, and appear to have coincided with those of to-day, and the citizens were invested with Admiralty powers enabling them to arrest for tolls, dues, customs, and offences committed on the Dee between Chester and Arnold's Eye (Hilbre Island). This charter was signed by the Prince himself at Chester.

Richard II., by a charter dated tenth December, 1379, at Westminster, under his own hand, confirmed that of Edward the Black Prince. He had already ordered that "all the profits of the passage of the said water (the Dee) at Chester, and the Murage which used to be granted there for the Walls," were to be used for the repair of the bridge. In 1395 he, by his letters patent, wanted Murages for four years for the repair of the Walls and pavements. Near the end of his reign (the nineteenth of July, 1398 ) "the last of the Plantagenets," having erected the Palatinate of Chester into a Principality, inspected and confirmed the previous city charters at Chester, and sealed them "with the seal of our Principality." This was confirmed by Henry, Prince of Wales and Earl of Chester, on the twenty-third of February, 1401 In November, 1403 this. Earl of Chester prevailed upon the King of his special grace to grant a pardon to the citizens for "their treasons, insurrections, rebellions, and felonies by them done or perpetrated before this against us, and their allegiance with Henry Percy the younger, now dead, and other our rebels with the assent of the same Henry Percy." For this act of Royal leniency the Mayor and citizens had undertaken to pay a fine of 300 marks (£200) and find shipping for an expedition then on its way to the relief of the Castle of Beanmaris. Another grant "Given at Chester the 5th day qf March, 1407," by Henry, Earl of Chester, confirmed previous charters and wants, giving to the "Mayor and Commonalty of our city of Chester" the profits and emoluments of prisa et captione of Murage for five years, which "before these times was wont to be taken and received," but one-half was to be faithfully expended upon the repair of the city walls, and the other in finishing the tower on the Dee bridge which had been commenced in the time of "Richard, late King of England." Two years later the same Earl extended the licence to take Murage from five years "so long as it shall please us."

Charters or letters-patent now became less frequent, and it was not until the fourth of August, 1445, that another was granted. Henry VI. had been petitioned by his "beloved lieges, the Mayor and Citizens of our City of Chester," for reasons which appear elsewhere. Their prayer was granted, and £50 of the annual fee-farm of £100 was released for fifty years. But from letters patent dated the twentieth of November, 1456, we gather that in 1450 (twenty-five years only after it had been remitted), "by virtue of a certain Act of Resumption put forth in our Parliament," twenty-five marks (£16-13-4) annually were resumed. The King in consideration of the premises and of "the great burdens which the aforesaid Mayor and Citizens already have hardly in different manners borne," pardoned,remitted, and released the Sheriffs who were charged with the collection of it. The new King, Richard III., was hardly seated upon the throne before the Mayor and citizens approached him with their grievances. Their petition set out (I) that for sixty years past (that is from 1423) the river had been silted up, and no merchant ship could come within twelve miles of the city; (2) that the Toll demanded at the City Gates had driven away the trade of the March of Wales ; (3) that in consequence " many citizens and other inhabitants of our said city withdraw themselves from out of the said city and are dwelling in other parts of our realm; and (4.) that in consequence of the great and insupportable burden of their fee-farm, the greater part of the city is wasted, in a desolate and ruinous condition, and very scantily inhabited." This moving appeal had the desired effect. The King exonerated and acquitted the citizens from the payment of "custom-rent, long-gable rent, chamberlain rent," and all other payments, except £30 a year. These Letters were witnessed by the King himself at Chester on the tenth of April, 1484. Two years later Henry VII., for similar reasons, made further concessions. "The humble supplication and lamentable information of the Mayor, Sheriffs, Citizens, and Commonalty" pleaded that Chester had been "one of the ancient cities of the kingdom of England, and built for the holding and safeguard of the Marches and the parts adjacent, and the Port of the same City with so crowded a concourse of foreign traders landing there at a gate called the Watergate of the same City, and others bringing their merchandise," had formerly been very prosperous. But now the river was choked with sand. The markets were void. Entire desolation was imminent. Upon this the King remitted the whole of their burdens, except the payment of £20 annually. This document too was witnessed by the King (Henry VII.) himself, at Chester, on the twenty-first day of March, 1485.

The GREAT CHARTER of Henry VII. is the turning point, the finger, or guide-post which marks the parting of the ways in the system of city government. Prom that time we hear less of the "impoverishment of our City and its Citizens." It is unnecessary to transcribe this formidable document at length. Like many others it was witnessed at Chester, and is dated the sixth of April, 1506. It proceeds,

"know Ye that we, for the great affection which we have and bear to our City of Chester, the Citizens and Commonalty of the same City, and in consideration of the good behaviour and great expenses of the inhabitants of the same City, as also of the voluntary service many ways rendered by them against our adversaries and rebels, willing the better estate of the same City, and especially to provide for the convenience and quiet of the said Citizens, their heirs and successors, of our especial grace and certain knowledge, and mere motion, have given and granted, and do give and grant, and by these presents have confirmed for us and our heirs to the aforesaid Citizens and commonalty, their heirs and successors for ever, that the said City, and all the ground within the said City, with the suburbs and hamlets within the precinct and compass of the same, and all the ground within the precinct and compass of the said City of Chester and the aforesaid suburbs and hamlets, (wholly excepting our castle within the walls of the said City), be exempted and separated, as well by land as by water, from our shire of Chester; and that the said City, and the suburbs and hamlets of the same, and all the ground within the precinct and compass of them, (except as before excepted), be henceforth a County by and in itself distinct and separate from our County of Chester, and that from henceforth it shall be called and named the 'County of the City of Chester.'"

It was in this way that the City became possessed of one of its most prized distinctions. The same charter next provided for the election of a Mayor, two Sheriffs, twenty-four Aldermen, and forty Common-Councilmen, and one Alderman was to be appointed Recorder of the City. The duties of the Mayor and Sheriffs were prescribed. The Sheriffs had to hold their courts upon every Monday from month to month,'' in the same way as Sheriffs of Counties. And they had to hold a court for the City on Tuesdays, Thursdays, and Fridays. That the dignity of the Chief Magistrate might be apparent, the charter runs :-" Moreover, we have granted . . . that the Mayor of the said City of Chester, and his successors for the time being, have their sword, which we gave them, or any other as may please them, (in the absence of us or our heirs), carried before them with the point upright, as well in the presence of other the nobles and lords of our realm of England, who are related to us and any others, as in any other way." Power was likewise given to choose two Coroners every year, and two Murengers or overseers of the City Walls were to be appointed to collect the accustomed murage and keep the Walls in repair. The officers of the King's household were forbidden to intermeddle with the affairs of the City, and the Council were empowered to make bye-laws for its better government.

The Mayor and Sheriffs were invested with authority to hold a Court in the Common Hall of the City for the trial of offences and claims of all kinds arising within the City, its suburbs, and hamlets, "our Castle and our liberty within the boundary commonly called 'Gloverstone' only excepted." The Northgate Tower was to be continued as a gaol, and Port-mote and Crown-mote courts were to be held before the Mayor. The forfeited goods of felons were to be the property of the citizens, who were also freed from the payment of all customs except those on wine and iron. The management and regulation of the Dee fisheries was vested in the Mayor and Sheriffs, as well as the control of the city markets. The twenty-four Aldermen were justices of the peace by virtue of their office, and special powers were conferred upon any four of them, the Mayor and Recorder being two of the four, to inquire from time to time, and as often and whenever they should think good, "concerning all felonies, trespasses, forestallings (that is, purchasing goods elsewhere than in fair or market), and regratings (buying up goods or victuals for re-sale), from time to time there done and committed." The fee-farm of the City was fixed at twenty pounds, and permission was given to the Mayor and Citizens to build up all void places, and the citizens were also exempted from certain customary dues. "Witness Ourself at Chester, the sixth day of April, the twenty-first year of Our reign, (1506)." Such was the famous Charter granted to the City of Chester by Henry VII

In the reign of Henry VIII. (the fourth of May, 1528) Letters Patent were signed by direction of the Lord High Admiral of England, confirming to the Mayor and citizens of Chester certain rights in connection with the Dee. Commissary - General Woodhall had examined their ancient privileges, "in virtue of which the lands, possessions, and all and singular harbours within the dominions of the aforesaid liberty, as well by land as by water and sea, viz :- From Arnold's Eye to Eaton Weir; also the tenants, farmers, and all other men, all and singular within the same liberty have been and are fully exempt from all manner of jurisdiction and power of the Admiral of England and his officials whatsoever, so far that all punishments, corrections, Deodands, Waveson, Flottesam, Jetteson, and wrecks, and all other casualties, contingencies whatsoever, whensoever, howsoever, by land, water, and sea, with all and singular their appurtenances within the aforesaid liberties are found to belong to foresaid Mayor and citizens of the fore mentioned city of Chester; used moreover according to custom prescribed from time and for time immemorial."

Elizabeth, by her Letters Patent, confirmed the Great Charter of her predecessor, and added a provision for "the safety, defence, and government of orphans." It has already appeared that James I. attempted to over-ride the liberties of the city, by requiring the citizens to elect Hugh Mainwaring to be their Recorder, which they declined to do. Until 1659 there was no change, but at that date Parliament decided to withdraw the city charters. The City had remained loyal to the Royalist cause and in this way drew upon it the displeasure of Cromwell. The decision of Parliament was however inoperative, as before it could be acted upon Charles II. had been called to the throne, and in the sixteenth year of his reign he confirmed the Great Charter of Henry VII. Towards the close of his reign an information was filed in the nature of a quo warranto, aiming at the dissolution of the Corporation. The citizens had resisted the attempt by the King to exclude certain civic officers opposed to the introduction of Catholics, and for the exclusion of the Duke of York from the succession.

Charles II., by an order in Council removed nearly all the members of the Corporation, and the same year (1688), by Letters Patent, formed a new one, with Sir Thomas Stanley as Mayor. But in the following October he issued a proclamation restoring to Corporations-Chester among the number-their "ancient charters, liberties, rights, and franchises." William Streete was restored to the Mayoralty, Sir William Williams, Baronet, to the office of Recorder, and the other expelled members to their several positions.

From that period until 1761 the civil government of the City was carried on under the provisions of the Great Charter of Chester, but at that date an Act of Parliament was obtained "for the better regulating of the poor, maintaining a nightly watch, lighting, paving, and cleansing the streets, rows, and passages, and providing fire engines and firemen, and regulating the hackney-coachmen, chairmen, carters, and porters, within the City of Chester." Forty years later (43 Geo. III.) this Act was amended, and a further Act (The Chester Improvement Act) was passed in 1845. In 1884 another Act was passed giving further powers.

The Municipal Corporations Act of 1836 superseded most of the ancient methods of local government, and Chester fell into line with the younger communities. The first election of Town Councillors under the Municipal Reform Act took place on Saturday, the twenty-sixth of December, 1835, and the results were made known on the Monday following. The old council and a large number of citizens met in the Pentice Court, and after the Town Clerk (Mr. J. Finchett-Maddock) had announced the figures, the Mayor, Mr. George Harrison, declared the following gentlemen duly elected

BOUGHTON WARD.-Thomas Dixon, 225; Edward S. Walker, 210; John Kearsley, 180; William Brown, 173 ; William Seller, 147; and Joseph Janion, 99. 274 burgesses voted, and 41 candidates were voted for.

ST. JOHN'S WARD.- John Palm, 147; George Allender, 125 Henry Brown, 102; Robert Whitley, 95; George B. Granville, 84; William Harling, 71. 197 burgesses voted, and 33 candidates were voted for.

ST. MARY'S WARD.- Edward Ducker, 133; Samuel Witter, 106; Charles Gamon, 97; Gabriel Roberts, 64; Matthew Harrison, 52; Thomas Nichols, 51. 153 burgesses voted, and 41 candidates were voted for.

ST. OSWALD'S WARD.- William Cross, 147; Henry Kelsall, 129; Benjamin Brassey, 113 John Grindley, 95; James Dickson, 75; Alexander Booth, 71. 159 Burgesses voted, and 45 candidates were voted for.

TRINITY WARD.-John Hassall, 140; William Mulvey, 130; Thomas Griffith, 128; Samuel Scorn, 112; George Harrison, 94; William Wardell, 90. 190 burgesses voted, and 32 candidates were voted for.

On Thursday, the thirty-first December, the following gentlemen were elected the first Aldermen under the new act :-Thomas Dixon, E. S.Walker, William Brown, George Allender, George B. Granville, Edward Ducker, John Hassall, William Cross, Henry Kelsall, and Alexander Booth. On Friday, the first January, the new Council met for the election of
Mayor and other officers, and the result was as follows : - Mr. William Cross was elected Mayor on a division, the numbers being W. Cross, 14; Thomas Dixon, 12. Mr. Robert Whitley was chosen Sheriff; Mr. J. Finchett -Maddock Town Clerk, and Mr. Thomas Snape Clerk of the Peace.

After the establishment of the Reformed Corporation very few years elapsed before a school of election managers sprang up. This organization was not large in numbers, but by the skilful manipulation of the electorate, to which perhaps the indisposition of niany to take part in these annual contests contributed, they wielded great power. Almost every ward had its price. These men could name a sum which would secure the return of a candidate quite irrespective of his fitness, and in this way men were introduced into the council, and ultimately to the highest offices. The principal weapon used in this peculiar warfare was beer, but, no doubt, the "Bashi-Bazouks," as these men were locally known, had their price in money. In twenty years the system had become a grave scandal, and each recurring election day was a demoralising orgie. The same men were also very prominent workers in Parliamentary contests, but were on such occasions less potent for mischief, because a much greater proportion of the people took an interest in the election of members of Parliament. The extension of the franchise in 1867 rang the death-knell of this system. In Chester the number of voters was more than doubled, and thus became more unwieldy for such purposes, and another factor in bringing about the change cannot be overlooked :- From 1832 to 1868 no Conservative had ever represented the city in the House of Commons. In the latter year the record was broken, and from that period municipal elections have been contested mainly on political lines, and by the use of political party organizations, but it was not until the first of November, 1895, that the Conservatives had a majority in the city council.