The charter of Henry VI. 12 Jan. 24 regni, (1445,6) gives the bailiffs of Shrewsbury authority to hold sessions of gaol-delivery, associating with them some sufficient person, learned in the law, Recorder or Steward of the said town, (“quodam sufficiente legis perito recordatore vel seneschallo dicte ville.") This is the first mention which we have found in our records of the office or title of Recorder1: and it will be seen by the list of town-clerks, that nearly thirty years more elapsed before it was actually called forth into existence. Legis peritus is doubtless the Latin translation of the French term Appris de la lei, Learned in the law, the denomination of barristers in that age. We cannot affirm, however, that John Phelyppes, who appears with the title of Recorder in 1473, 1482, and 1485, and is the first that we can find who bore it, was invested with that legal degree. But his successor Roger Mountgomerie, elected 1491, is proved to have been such by the following letter among the collections of Mr. W. Mytton, in which Richard Pontesbury, abbot of Haghmond, engaged in a law-suit with one Fowke, (probably Fulke Lee, esq. of Langley,) requests his professional advice, and reminds him that he had received the general retainer of a piece of cloth to make him a gown,—no incurious note of ancient manners. "Most trusty beloved Sir, "I recomend me unto you most hartely, dyssiring to here of your welfare, etc. Moreover, Sir, shewyng to you how that Fowke bee late time haue taken possession in the grownde at Hawrthon, the which ye haue the evidence therof, and he thynkythe to make a trobull in the cause thereof: wherefor I heartily pray your cowncell as I shall desire hyt unto you. Ye promysyd me at Shroysbury for a gowne clothe that ye wold undertake hyt while ye lyved: the which I shall be ready to performe, yf hyt please you that I may haue any 1 London appears to have had a recorder as early as 1298. They were at first aldermen: but the qualifications for the office are thus set down in one of the city books, the date of which Maitland has neglected to give. "He shall be, and is wont to be, one of the most skilful and virtuous apprentices of the law, of the whole kingdom: whose office is always to sit on the right hand of the mayor in recording pleas, and passing judgements," &c. Maitland's Hist. of London, p. 1205. Our legal antiquaries have generally given apprentice de la ley as the ancient name of barristers but Mr. Barrington proves, from the year books, that the title really was as stated in the text. Obs. on Stat. p. 311. It is, indeed, as he observes, very little likely "that the law, which was so liberally professed in England, and had such noble establishments, should have borrowed for one of its degrees in science, a term of mechanics and trade." writyng from you betwixt this and Sonday night at Lychefeld for the cause, for I must be with my Lord of Chester at Ludlowe be Tewsday night: and yf your cowncell wer that I shuld do any thyng ther for the cause, I wold do hyt: and yf ye think hyt be not expedient to have eny thing don, that I may haue your cowncell be my servant at his cumyng to Shroysbery, which shall be hastely, as God knowethe, who keepe you. Amen. Wrytten at Lychefeld the XVII day of January. Item. Sir, yf hyt plese you to write me of your mynde, Thomas Gylder, my servand at Haughmond, will be with me on Sonday next; and I woll reward hym that bryngeth your writynge to the seide Thomas Gilder for his labor. "To my trusty beloved freende Roger Mountgomere, Recorder of Shroysebery [be] this bylle deliverd." 1491. 1508. 1532. 1626. Sept. 25. 1637,8. Feb. 9. "Your owne thabbot of Haghmond. John Phelypps. In 1456 and 1468 he is called Common Clerk. His name is subscribed to the burgess roll, 1459 and it appears to have been his duty to enter the admissions of burgesses. In 1473, 1482, and 1485, he occurs as Recordator. He lived in Dogpole. See the list of Town-clerks. Roger Mountgomerie. Elected. George Bromley. In 1511 it is ordered that he have a fee of £1. 6s. 8d. as recorder, and that his former grant be resumed. He was still recorder in 1527. George Harebrowne, esq. son of Thomas Harebrowne of Lyrpoole, in the county of Lancaster, was made a free burgess of the town of Shrewsbury in 1520. He could have been recorder only a few years. Thomas Bromley, elected on Wednesday after Easter, with "£4 fee as long Reginald Corbet. We have not found the date of his appointment, but it Sir George Bromley, 1582. ob. 1588. Thomas Ŏwen, esq. serjeant-at-law, 1592. Richard Barker, esq. barrister-at-law, 1603, 1613. Sir Edward Bromley, knight, baron of the exchequer, ob. 2 June, 1626. Timothy Tourneure, esq. barrister-at-law, and chief justice of South Wales, 1645. Nov. 17. Humphrey Mackworth, esq. learned in the law. He appears to have 1652. July 14. 1654,5 March 1. resigned. Edward Moseley, esq. On his being sent by parliament one of the judges into Scotland, Mr. Humphrey Mackworth, son of Humphrey Mackworth, esq. It seems as if neither of these gentlemen accepted the office; for William Jones, esq. is elected in the room of Humphrey Mackworth, esq. deceased: now the Humphrey Mackworth who died in December 1654, was certainly the same who was elected recorder in 1645: and the other, elected recorder in 1652, was certainly alive in 1659. Sir Timothy Tourneur, knight, restored. He was made King's serjeant in 1670, and died in January 1676,7, aged 94. 1676,7. Jan 2. Thomas Bawdewin, esq. of Diddlebury. He married a daughter of Humphrey Mackworth, esq. the recorder of 1645. 1685. 1759. April 27. 1781. 1786. July 12. Charles Earl of Shrewsbury: removed by sign-manual, Jan. 1, 1687,8. Thomas Burton, esq. of Longnor, barrister-at-law, and a Welsh judge, ob. Francis Berkeley, esq. See p. 501. ob. 1710. Robert Middleton, esq. of Chirk Castle, ob. 5 April, 1733. William Kinaston, esq. of Ruyton, barrister-at-law, master in Chancery, and M. P. ob. 24 Jan. 1749. Henry Arthur Earl of Powis. Robert Lord Clive. ob. 22 Nov. 1774. Edward Lord Clive, created Earl of Powis 12 May, 1804. DEPUTY RECORDERS. Henry Jenks, esq. ob. Nov. 1753. Charles Bolas, esq. ob. 1758. John Oliver, esq. ob. 20 Sept. 1780. Joseph Loxdale, esq. STEWARDS. Thomas Colle, seneschal, occurs as a witness with Hugh bailiffs, in the 5th year of .............. ....... (probably Edward III.) Thomas Newport, senescall, 13 Richard II. After him is a long interval. 7 Hen. VIII. Thomas Cowper appointed. William Fowler, esq. of Shrewsbury, and of Harnage Grange, which he purchased from the Greys, occurs as steward in 1594. He was the third son of Roger Fowler1 of Broomhill in Staffordshire, by the sister of Rowland Lee bishop of Lichfield. It appears that in his time capital offences were usually tried at our town sessions: for the MS. chronicle of Shrewsbury relates, that "on the 29th day of October, 1594, was the town seassions of Salop of gaole delivery, Master Fowlar beinge stuard and sittinge there withe the bayliffes. In the whiche sessions were condempnid Hughe Preece, servant with Robart Taylor of Salop, sherman, and Will. Morris, soon unto Will. Morris of Salop, sherman, for wilfull murther of one Thomas Lakon, servant unto Mr. Rychard Cherwill, draper, a proper youth and come of good frinds. They were executid at the Olld Heathe the next day following." Mr. Fowler was buried at Cound, 1 Mar. 1597. Henry Townshend, esq. of Cound, third son of Sir Robert Townshend, chief justice of Wales, was elected in his room." March 13, 42 Eliz. 1597,8, aggreed that Henry Townsend, esq. is more fit to supplie the place of stewardshippe in place of Will. Fowler, esq. deceased." Thursday the 13th day of July, 1598, the towne sessionns of Salop of gaol delivery was kept there. At whiche seassions Master Townsend his woorshipp beinge of late chosen to be steward, sate as judge, and there were three executid." And the next year our Chronicle relates that "there was but one executid, for Mr. Towneshend, that worthy esquire, being stuarde and judge over them, was so full of pitie and mercy, that his worship did what was possible for them." Sir Henry (for he was afterwards knighted) was buried at Cound 9 Dec. 1621. His daughter Elizabeth married Edward Cresset, esq. of Upton Cresset. 1622. May 16. Edward Jones, esq. elected in the room of Sir Henry Touneshend, knt. decesed, with a fee of 40s. He was buried at West Felton (in which parish his estate of Sandford is situate) 1 April, 1648. 1648 (24 Car.) Apr. 7. Thomas Niccolls, esq. ob. April 1662. 'James Fowler, the fourth son of Roger, and younger brother to our steward, was seated at Penkford in the parish of Tettenhall, where his descendants yet reside. Thomas Bawdewin, esq. vice Niccolls. Resigned 1676. Robert Price, esq. appointed by the charter of James II. Removed by the Thomas Burton, esq. restored. Resigned 1690. John Fownes, esq. utter barrister. ob. 1713. James Hanmer, esq. He had been recommended to the Queen for her approbation Nov. 9, 1713, and was now admitted upon producing such approbation. ob. 11 July, 1726. Edward Gosnell, esq. barrister: occurs 1746. James Downes, esq. 1749. ob. 1750. Edward Elisha, esq. Resigned 26 April, 1768. TOWN CLERKS. On the bailiffs' rolls of 45 Henry III. is an entry: "Paid to Henry Borrey, clerk, for his labour of the preceding year, half a mark." This sum in 1260 was at least equal to £9 at present. Mr. Borrey may have been town clerk of Shrewsbury. We are sure that Thomas, called sometimes (such was the unsettled state of surnames) Russel, from his complexion, and sometimes de la Clyve, from the place of his birth, was so; for he stiles himself clericus burgi Salop, in his will made on Wednesday the feast of St. Leonard the abbot (Nov. 6) 1336, and extant in the oldest book of our exchequer, marked A. This instrument, which is much at length, contains all we know of our earliest undoubted town clerk. He bequeaths his soul to God and St. Mary, "et omnibus sanctis ejus:" and his body to be buried in the church of St. Mary of Salop, "where my father and mother and sons (pueri) lye buried. Also I will that the whole choir of the said church assist (intersint) at my obsequies, and also two chaplains, a deacon, and two clerks from every parish church of Salop. Also I bequeath to the fraternity of the said church of St. Mary, 2s.: and to the fabrick of the same, 2s. and to the fabrick of the church of Lichfeld, 6d." He also bequeaths four pounds of wax to make four wax lights to burn round his body on the day of his interment: two of which are to remain in the church, and a third at the light (luminare) of St. Mary there, and the other at the chapel of la Clyve, and 12d. to the behoof (opus) of that chapel. He bequeaths 20s. to the poor at his burial: 2s. to the friars preachers of Salop: 1s. to the friars minors, and the same to the Augustine friars. Among numerous other bequests, he leaves to his son John for life the tenement which he bought from Thomas Bonel, on condition, that if he takes priests orders, (si in ordine sacerdotali sit constitutus) he shall celebrate daily one mass in St. Mary's church before the cross and the images of St. Michael and St. Thomas the Martyr (Archbishop Becket)" for my soul, and for the souls of my wife and my sons, and particularly for the souls of those to whom I am bound in any debt, with or without my knowledge." If the devisee shall not take orders, he shall provide that the mass be celebrated by some other honest chaplain “honus ab alio magistro non habente," having no burden from any other master: i. e. as it seems, whose services are not already engaged1. Our town clerk died possessed of considerable property, and had numerous descendants and relations among whom to divide it. The following brief pedigree is collected from the will: And there was a seventh son, not noticed in the will," Rogerus filius Thome (Russel interlined) de la Clyve," who appears upon the "rotulus de forinsecis" (the foreigners' roll) of the "gild merchant of the liberty of the town of Salop," 18 Edw. III. as then admitted, "sans fine:" in compliment, we may suppose, to the memory of his deceased father. The next town-clerk with whom we meet is John de Tolleford, who occurs in 1372 and 1373: the 46th and 47th of Edward III. But before we proceed further, it is proper to mention another species of publick clerk that had risen up in Shrewsbury, the Clerk of the Statute Merchant: and as the two offices were very generally held by the same person, and at length became consolidated, we must in this place explain the nature of this last. The statute of Acton Burnell (11 Edw. I. 1283), after reciting the injury sustained by the realm, in consequence of the refusal of merchants to trade here," because there was no ready law provided by the which they might hastily recover their debts," ordains in remedy of this grievance, that "the merchant who will be sure of his debt, shall cause his debtor to come before the mayor of London, York, or Bristowe, and before the mayor [of other towns], and before a clerk whom the King will attorn (appoint) for this purpose, and there acknowledge the debt: and the said clerk shall enroll the said recognizance," &c. And the process by which the merchant shall It was a doubt among the doctors of the Romish church, whether a priest who had taken money to say a mass, could take fresh money for the same mass. The casuistry by which this was held lawful may be seen, if the reader is curious, VOL. I. in the sixth of Pascal's celebrated Lettres Provinciales. Our Shrewsbury Town-clerk, we see, determined to have the whole benefit of the mass to himself. 4 A |