The British Press; or, Morning Literary Advertiser.
London, England, 1819-08-19 00:00:00

TOLLS 011: MARKETS.
LORD CLIVE V. ROGERS.
This was sit action of great importance. The
Noble Plaintiff claimed, as proprietor of the soil
and markets at Oswsstry, two staecies of tolls—one
for grain pitched in the market ; the other for
waggons. &c. passing laden into the town.—
Tile Defentlaor, on the 4th December, 1817, re-
fused payment, and this as (ton was brought to esta-
blish the Plaintifra right.
Mr. Pr.scs state] the case. The Plaintiff
claimed, as proprietor of the soil and markets at
Iswestry, two kinds of tolls, viz. Toll Traverse and
Toll Thorough. Toll 'l' rrrrr se is claimed by per-
roils bovine a right to the soil for permitting others
to go over it, and requires no coosideration from the
proprietor ; Trill Thorough is that where there
is a public highway, and the person who claims the
toll does something for public benefit—such as re-
pairing the highway, &c. The Counsel then re-
%Sewed the history of early periods; mid put in a
setae* of aiscissit disconienta. Oswesstry was formerly
within the Alarclies of Wales, and the Lords of
the I.irclies were petty Sovereigns. Fitzallan,
Earl of Aruiviel, en ancestor of the Plaintiff;
was seised 4.f the soil, town, and castle of Os.
waidatree, winch he held fur two Knights' fees
Nod a half ; an the 30th Edward 1. temp. 13021
lie died, and in ass inquisition of his property
post. worsts'. (produced on the trial by Mr. Piing-
worth. Deputy Keeper of Records tit the Tower) it
appeared by the oath of Richard De Chaiubre.
that Richard Earl of Arundel held the town and
castle of Oswaldstrer, also the fees and perquisites
of all fairs soil markets, worth yearly 8/. 7s. 6d. In
1309 the then Earl.sou of the former, granted to his
burgesses two 'holm, situate in I.eg-street, together
with the new pavement, on paymesat of 13t. 4,1.-
0116 last document was produced by L. Junes. Esq.
town-clerk of Orsvestry, and formed a curious con-
trast with the wordy sod voluminous parchments of
motleys' days. Its size is oboist 6or 8 inches long
3 broad.] —lss ilst Richard 11. 1390,a descend-
te.t was uttainted for treason, and its an inquisition
of ins cuisfiscated property, it appeared that he was
seised of the town and castle of Oswaldstree, va-
Led at '2311. 164. 3.1. In the Bth Henry IV. an
Act of Restitution I.a.sed, and a grant was made
I.y the Earl of Arundel to the burgesses, that they
stioitill be free from toll on payment of 1001. in
silver be also pardoned the " Welsh Rebels"
for certain acts during the rebellion. In the
reign of Elizabeth, the Duke of Norfolk, Earl of
Arundel, was attended ; afterwards an act of
eestitotion of the property was made to the Doke
of Suffolk. By the Charter of James I. it was
col veyed to the Earl of Pawls. While in pos.
session of the Crown, in the reign of Eliz. 1589,
there is found in the Augmentation Oflice a lease
of parcel of posseasions of Edw. Earl of Arundel,
among whirls are the tolls of fairs, markets, town,
tool pies, and lee water-corn milli, called Town-
loog Nlill and Weston's Mill, mid a fulling mill;
this document had a " Mein. I have made this
pa. ticular"—Sigued by Lord Chancellor
and two other Ministers of the Queen.—
After the above public documents E. Eilye, Esq.
produced from the Muniment Room at Powis
a Parliamentary survey of the 11111110 f, belong-
reg to Earl Cauven, also had lweis anointed.
mated March by which it appeared he had
Lein pos-essod tat all that Castle, lour gales. and
%all of about a mile, which tortoises were worth
s nativity 334. 3 I. together with the profits of three
fun and the tolls of markets on Nlandays mid
oats. and of all goods, tallage and pickrge, worth
401. Mr. Chaster Wilding, produced Ilse
accounts from the Evidence Room at Powis
Castle. front which it appeared that in 1700,
llorr Greets debited himself 3u/. for the gate.
tolls, mid It/. for the market-tolls; and hail
paid IL 7s. 3d. for enlarging the Hall. In 17il
Beatrice Gate was leased fur 5/.. New Gate 31..
Wart: Gale V., Willow Gate 41. exclusive of land.
t as. Is rental 1756, the Market-toll was let to the
ttoyor for 71. In 1763 the %Yellow Gate was pre-
p -..ted at Oswestry Sessions, and repaired by the
fr.ewar.l.-1.11 question here arose how Fur a Stew-
-0..r. ins:omit was admissible in evidence. II was
I and allowed by the Judge, that a Stew.
uld charging himself against his own interest, and
1 is accousits loving been signed and allowed, are
evoleireel.--ill 17115 the Steward paid for repairs
of the ITall. and for CA. ring the arias of the towel
• unit of the family of Purim.
Cm/untied evidence of the gate tolls having
beeta kissed glom, to the year 1734, was orldtieed.
I 1789 the Earl of Tows, as Lord of the soil, re-
r. erred 81. fir 4ruuud no which a house was built,
o .d 1..1.1 a Imre of waste.
1,41ta111111/ twosomes were called :
T. Howell, Esq. 73, *rosier Alderman.—l was
Oorestry ; the mu/tete are Wedowee:ley
sod Saturday 1 always knew tolls of one pint out
of truly ateskst (S 8 goartie) of groin. brought iota