LOCAL GOVERNMENT
Seignorial Jurisdiction and Borough Courts
Borough Autonomy
By the mid 13th century bishops of Winchester had
secured wide-ranging liberties within their estates,
including freedom from toll, murage, and attendance at
shire or hundred courts; the right to distrain and to
receive fines and forfeited goods usually belonging to the
king; and the right to deliver and return royal writs, the
king's officers being forbidden entry into the bishop's
manors except in connection with Crown pleas. (fn. 1) In
1284 the bishop procured excommunication against
unnamed 'malefactors' said to have infringed his liberties at Witney, suggesting that not all such rights went
unchallenged; (fn. 2) the same year, however, he received
royal confirmations of Forest and other rights, and most
franchises seem to have continued throughout the later
Middle Ages. (fn. 3)
Within Witney manor the bishop's liberties and
manorial rights were exercised by his bailiff or steward
through the courts baron and a twice-yearly tourn or
view of frankpledge, which continued for the rural
townships following the borough's foundation. (fn. 4) A separate borough court, sometimes called a portmoot, was
established probably before 1208, but the town was
never granted a corporation and remained a seignorial
borough subject to the lord's jurisdiction, administered
at first by officers appointed in the borough court, and
from the 17th century governed increasingly through
the parish vestry. Its status as a parliamentary borough
was short-lived, (fn. 5) and despite its court, burgages, market,
and fairs, (fn. 6) in the 13th and 14th centuries it was often
called a vill, and was usually so taxed: (fn. 7) from the 1330s
only in manorial documents was it consistently called
burgus, chiefly to distinguish it from the 'upland' or rural
part of Witney manor. (fn. 8) In important respects townsmen
remained answerable to the bishop. The town bailiffs
accounted to him throughout the Middle Ages for
borough income from rent, courts, markets, and fairs,
and although from the 14th century they received the
tolls and apparently the borough rents directly, usually
for a fixed sum, only occasionally (in 1225–6, 1231–2,
and 1247–8) did they briefly farm the whole borough. (fn. 9)
Jurisdiction over certain offences was theoretically
reserved to the bishop, (fn. 10) and like the rural townships the
borough owed 'recognition' or 'knowledge' money at
each new bishop's installation. (fn. 11)
Nevertheless, Witney townspeople enjoyed a degree
of circumscribed self-government. No borough charter
survives, but in 1248 privileges granted to Farnham
(Surrey), said in 1256 to be those enjoyed by the bishop's
burgesses in Witney and elsewhere, included holding
their own court before their own freely elected bailiffs,
freedom from attendance at the bishop's court except
for the lawdays held twice a year, receipt of tolls from
fairs and of fines from the assizes of bread and ale, and
the right to issue summonses. (fn. 12) The charter accords with
more limited evidence from Witney, where by possibly
1210 and certainly 1220 the burgesses annually elected
two 'reeves' (called bailiffs from the early 15th
century), (fn. 13) and where by the mid 13th century the
borough court exercised standard jurisdiction over
minor public-order offences and trade regulation. (fn. 14) In
1279 the burgesses were exempt from payment of toll,
passage-money, and murage, (fn. 15) and by 1446 the bailiffs
delivered royal writs within the town (fn. 16) and presumably,
as later, administered the market and fair, (fn. 17) liberties still
staunchly defended in the early 17th century. (fn. 18) The
borough had a common seal by probably the late 13th
century, (fn. 19) and occasionally the borough community
seems to have acted together. (fn. 20)
By the 16th and early 17th century, when for a time
the manor was let to local gentry closely involved with
the town, the borough court exercised broad jurisdiction
with relatively little outside interference. In the mid 17th
century, however, the borough court was superseded by
the lord's twice-yearly lawday, and in 1748 a claim that
that remaining court belonged to the borough officers
rather than to the lord was overturned. (fn. 21) Sporadic
attempts at borough incorporation during the 17th
century came to nothing, though from 1711 the cloth
industry secured economic self-regulation through the
newly founded Blanket Weavers' Company. (fn. 22) By then,
however, vestry government was increasingly superseding manorial institutions in Witney, to be itself
succeeded by new local bodies from 1863. (fn. 23)
Medieval Courts
By the early 14th century the borough court or small
portmoot met usually around 6–12 times a year on a
Wednesday or Friday, and the two tourns, lawdays, or
great portmoots for the borough on a Monday near
Hockday and Michaelmas. (fn. 24) The pattern was established
presumably during the early 13th century: in 1208–9 the
borough, as a separate tithing, paid 20s. probably for
exemption from attendance at the bishop's manor
court, (fn. 25) and by 1218–19 court income from the borough
was separately accounted for. (fn. 26) Portmoots were explicitly noted by 1305, probably reflecting long-established
practice. (fn. 27) Business in the 13th and early 14th century,
besides grants of holdings, included prosecutions for
unclean meat, for breaches of the assizes of bread and
ale, of outsiders for selling merchandise without the
bailiffs' leave, and for affray and false hue, together with
concords, settlement of debt cases, and suppression of
nuisances; (fn. 28) in the early 14th century assize of bread and
ale seems sometimes to have been enforced by the royal
justices, for reasons which are not clear. (fn. 29) Total income
from fines and other dues was usually over 30s. a year
until the 1480s, when profits fell sharply, (fn. 30) but the
absence of records before the 16th century (fn. 31) precludes
more detailed knowledge of the courts' functions and
scale of business. The town was divided into wards, the
equivalent of rural tithings, by the late 13th century, (fn. 32)
and in the 16th century there were five. Paternoster and
East wards lay respectively west and east of Church
Green and the market place, West ward west of High
Street and along Corn Street, Middle Ward along the rest
of High Street, and North ward, otherwise the Ward
beyond or beneath the bridge, along Bridge Street and
West End. (fn. 33)
Courts from the 16th Century
In the 16th and early 17th century the borough court
met in the town hall usually every 4–6 weeks. (fn. 34) The town
bailiffs, sometimes called magistrates or masters of the
borough, presided and gave judgement in the presence
of fellow officers and leading townsmen; there was no
jury, and since attendance (unlike at the lawday) was not
compulsory, sometimes only the bailiffs and other
officers were present, despite occasional attempts to fine
absentees. In the later 16th century the lord's steward
sometimes attended presumably to protect the lord's
interests, but had no formal role. Business still included
transfer of unenfranchised holdings according to
borough custom, the equivalent of copyhold transfers in
the manor court, with the bailiffs acting as the lord's
officers in accepting surrenders and receiving fines. In
addition the court regulated baking and brewing, made
orders concerning shops and stalls, nuisances, and
matters of public health, dealt with minor breaches of
the peace, and, in cooperation with justices of the peace,
licensed and regulated alehouses. Apprenticeship indentures were also enrolled in the court, voluntarily since
the town was unincorporated. The court's other chief
function was settlement of small claims: around a
hundred cases a decade were heard in the early and mid
16th century and around 300 by the early 17th, with
many litigants coming from outside the borough. The
court could force defendants' attendance through
distraint, but could not arrest offenders since it was not a
court of record. (fn. 35) By then borough officers had the right
to dispose of at least some of the income from fines:
those for non-attendance were apportioned in 1560 for
repair of houses belonging to the borough, and those for
Sunday trading were given to the poor-box in 1579. (fn. 36)
The two annual tourns or lawdays, possibly already
held in the town hall as later, (fn. 37) were the lord's court leet
or view of frankpledge for the borough, to which all
borough tenants were summoned and at which
wardsmen, other town officers, and a jury of fifteen
reported transgressions. In the 16th century the tourns,
like the borough court, oversaw the assizes of bread and
ale, inspected meat, and dealt with nuisances and
breaches of the peace; sometimes the tourns and
borough court reinforced each other's rulings. (fn. 38) From
the mid 17th century the tourn, by then held only once a
year in October, superseded the moribund borough
court and took over many of its functions, a development in line with a general decline in such local courts,
but perhaps also reflecting centralization by Witney's
new lords: from 1654, soon after William Lenthall's
purchase of the manor, bailiffs and other town officers
were sworn in at the lawday, and from 1661, when Sir
Henry Hyde acquired the lease, all officers were
appointed there, the borough court having apparently
lapsed. (fn. 39) In the 1730s and 1740s the bailiffs claimed that
the surviving court was theirs and not the lord's,
prompting collection of affidavits in preparation for a
hearing before the king's bench; in 1748 they abandoned
the case, (fn. 40) and until its abolition in 1926 the court
continued as the lord's annual 'court moot and
portmoot for the borough', meeting in the town hall
usually in October. (fn. 41)
Besides electing officers the court leet continued to
regulate the market, inspect food and drink suppliers,
and suppress nuisances: only once, in 1653, did it
apparently deal with a debt case. (fn. 42) Obstructions were
systematically recorded until 1831, but the same details
were often repeated over several years and the court's
effectiveness was presumably already in decline, as its
functions were gradually appropriated by other bodies. (fn. 43)
In 1715, with the vestry and overseers, it appointed a
bellman, and as late as 1902 it banned hawking
ice-cream sellers; by then, however, it usually propagated only standard rules concerning the market, loose
horses, pig-killing, and dumping in the streets, all of
which had long been more effectively policed by the
town's local board and urban district council. (fn. 44) By 1871
its proceedings were largely 'quaint and formal', though
25 inhabitants attended the session and appointment of
officers continued. (fn. 45)
Borough Officers
Officers appointed in the borough court in the 16th
century, besides the two bailiffs and five wardsmen,
included two constables, two cardenars or meatinspectors, and two ale-tasters; a bread-taster was
mentioned in 1589, and a bread-weigher in 1607. Two
cloth-searchers or sealers and, from the 1540s, two
leather-sealers reflected national legislation. Two chamberlains, reduced to one from the 1570s, received
borough income, and throughout the 16th and early
17th century a serjeant attended the court, collected
fines and sometimes money for poor relief, and issued
distraints, though his appointment by the court was not
recorded. From 1583 to 1608 the court also appointed
overseers, responsibility passing thereafter to the vestry.
A town crier and bellman gave notice of court sessions,
and Richard Brice (d. 1596), keeper and scribe of the
court books for 35 years, called himself town clerk,
though no such post officially existed. All such officers
were ordinary townsmen, the trade-officers being
usually chosen for their professional expertise, and
though formally re-appointed every year they sometimes served for long periods. A local shoemaker was
leather-sealer during the 1560s and 1570s, while the
clothier Nicholas Gunn was cloth-searcher from the
1570s to 1590s. (fn. 46)
Following the borough court's disappearance around
the mid 17th century the annual court leet continued to
appoint two bailiffs, two constables, and five wardsmen,
later called tithingmen, as well as two ale-tasters, two
cardenars, two leather-sealers, and, by the 1660s, two
clerks of the market. In the early 18th century it still
appointed a bellman or beadle with police powers,
though responsibility was by then shared with the
vestry. (fn. 47) Appointment of peace officers ceased in 1842
following the Parish Constables Act, though until 1925
the court continued to appoint a constable for administrative and ceremonial purposes: in 1871 the appointee
served also as hayward, fish- and flesh-taster, clerk of the
market, and town crier. (fn. 48)
Town Bailiffs The principal office, that of reeve or
bailiff, was held from the Middle Ages by leading
townsmen. Appointments were made annually, apparently at the borough court and, from the 1650s, at the
Michaelmas court leet; in the early 19th century bailiffs
nominated their successors to the steward and were by
then sworn in at the Quarter Sessions, (fn. 49) but earlier procedures are not recorded. Thirteenth-century reeves, who
together received a 3s. rent-allowance, (fn. 50) included
members of the prominent Standlake, Abingdon, and
Hering families, of whom some held office more than
once, while late 15th-century successors included the
wealthy woolman Thomas Fermor alias Ricards (d.
1485) and members of the Box family. (fn. 51) Bailiffs in the
16th century were business- or tradespeople from
around forty leading families, of whom some held office
up to seven or eight times, though not consecutively. By
then there was some progression through the offices,
with constables and chamberlains (though not
wardsmen) often becoming bailiffs: thus the clothier
Philip Box (d. 1593), constable in 1550, was bailiff seven
times between 1553 and 1589, while the draper Thomas
Clempson was chamberlain in 1563 and bailiff in 1566. (fn. 52)
Eighteenth-century bailiffs similarly included leading
gentry and tradespeople, though by then few, if any,
served more than twice, deterred probably by the
expense. (fn. 53) Their only income was rent from a 'town
house' adjoining the town hall, confirmed to them in the
early 17th century, supplemented by quitrents worth 2s.
10d. (fn. 54)
Bailiffs accounted for borough income to the bishop,
witnessed property grants, (fn. 55) and presumably presided in
the borough court and acted as clerks of the market. By
the 16th century they nominated chamberlains and
possibly other officers, and generally defended both the
town's and the bishop's liberties against encroachment,
in theory serving royal writs, and evidently authorizing
seizure of felons' goods. (fn. 56) From the early 16th century
they became increasingly involved in poor relief and
charity administration, and continued as joint or sole
trustees of several town charities long after the vestry's
assumption of poor-law administration during the 17th
century. Often they acted together with parish officers, (fn. 57)
as when the bailiffs, overseers, churchwardens, and
others provided a character testimonial to the justices in
1701. (fn. 58) By the 18th century and probably earlier they
were also assuming ceremonial functions: celebrations
in 1763 included a procession at which the bailiffs 'wore
their white bands', (fn. 59) and by then they had a mace used at
the election of officers and inscribed with bailiffs'
names. (fn. 60) An annual bailiffs' feast or 'inauguratory
dinner', held in the town hall by the 1580s probably at
Michaelmas, continued in the early 20th century, when
it was held at the Marlborough Hotel in September or
October. (fn. 61)
In the early 19th century the office was said to be
largely nominal, the chief duties being suppression of
nuisances and transportation of prisoners to Oxford at
the bailiffs' cost. That, together with the traditional
dinner, reportedly left them much out of pocket, causing
one former bailiff, an innkeeper, to remark that he
would 'take care never to serve it more'. (fn. 62) In the early
20th century the bailiffs retained 'a certain civic precedence', together with responsibility for the town hall and
Butter Cross and continuing involvement in town charities, though their unrepresentative nature was becoming
controversial. (fn. 63) The office lapsed following the extinction
of the borough court moot in 1926, when the bailiffs'
remaining functions passed to parish officers and to the
urban district council. (fn. 64)
Parish Government
The Vestry to c. 1830
An assembly of lay parishioners, including representatives from the three rural townships, existed probably
throughout the Middle Ages, and presumably appointed
and oversaw the churchwardens recorded from the late
15th century. (fn. 65) By the 1560s leading inhabitants met
once a year around Easter to elect churchwardens and to
audit their accounts, the assembly being officially called
a vestry by the mid 17th century; (fn. 66) from the 1570s the
meeting also elected supervisors of highways for Witney
and for the rural townships, and became increasingly
involved in poor relief, gradually taking over functions
discharged in the earlier 16th century by the bailiffs and
the borough court. (fn. 67) Secular business relating to the
rural townships was gradually transferred to separate
assemblies in Hailey, Crawley, and Curbridge, which by
the late 18th century administered their own poor relief
and appointed secular officers; (fn. 68) in the 19th century the
townships nevertheless remained liable for repair of
Witney church, and still attended Witney's Easter vestry,
which continued to appoint churchwardens and to
oversee their expenditure. (fn. 69)
The Witney vestry was increasingly dominated by
administration of the town's own poor relief, which
from the late 18th century was separately recorded.
Other functions before the 1830s included road-repair,
and increasing responsibility for public health and
policing. (fn. 70) Meetings at times other than Easter, held
occasionally in the 17th century and possibly earlier, (fn. 71)
became more frequent as the burden of poor-law
administration increased: in 1798 there were at least five
full vestries as well as meetings of ad hoc committees,
and in 1807 there were ten. By then a small committee
met weekly to assist the churchwardens and overseers. (fn. 72)
The vestry, run by the same leading townsmen who
dominated its other institutions, was not always well
attended. Those present at the first recorded vestry in
1569 included, besides 'diverse other parishioners', nine
prominent clothiers, drapers, and other tradesmen all
active in the borough court, among them the two serving
bailiffs (Philip Box and Peter Rankell) and members of
the Yate, Jones, and Bishop families. In the late 16th
century and the 17th incumbents also attended regularly,
and in 1663 a special meeting was attended by 19 named
people including the rector, vicar, and parish officers. (fn. 73)
Minutes in the late 18th and early 19th century were
signed by sometimes up to 25 or 30 inhabitants, but more
often by only 9–15, while some special meetings were
inquorate and had to be adjourned. By then the vestry was
largely dominated by leading professionals, manufacturers, and tradespeople such as the Batts, Colliers,
Marriotts, Druces, and Shuffreys, though lists of signatories varied from meeting to meeting. (fn. 74) A Quaker served as
overseer in 1802, suggesting that relations with Nonconformists were generally amicable, (fn. 75) although there were
occasional disputes later in the century over church rates
and, in the 1850s, over the new municipal cemetery. (fn. 76) In
the early 19th century the curate John Hyde (d. 1838)
attended frequently, and, as a justice of the peace, exercised additional influence both over appointments and
over poor relief, subsequently serving as chairman of the
Witney Union board of guardians. (fn. 77)
Some meetings in the 18th and 19th centuries,
notably those at Easter, continued to be held in the
parish church, though others were held in the town hall
or in local inns such as the Lamb, the Staple Hall, and the
King's Arms. A vestry- or committee-room in the workhouse on Corn Street was mentioned in 1798, when
parish accounts were kept there for safe-keeping; vestries
met there once in 1812, and possibly in 1819. (fn. 78)
Churchwardens and Other Parish Officers
In 1569 and the 1580s there were apparently only two
churchwardens for the whole parish, though in 1573
there were five including three for the town; in 1593
there were again only two, assisted by three sidesmen.
From the early 17th century there were usually two
churchwardens and two sidesmen for Witney, other
wardens being elected for the rural townships. (fn. 79) The
appointment of Witney sidesmen seems to have lapsed
during the 19th century but was resumed in 1886, by
which time the vestry also elected two sidesmen for the
recently built Holy Trinity church at Woodgreen. From
the 1890s the number of sidesmen was further
increased, reaching 14 by 1902. (fn. 80) Neither the Witney nor
the township churchwardens had any independent
endowment, their income in the 16th century and still in
the early 19th coming chiefly from church rates, supplemented by fees for bell-ringing and burials. Rates from
the townships, though separately assessed and collected,
were combined with those from the town at the annual
auditing, and expenditure on outlying chapels built in
the 18th and early 19th centuries required authorization
by Witney vestry, prompting protracted disputes with
the inhabitants and churchwardens of the townships
during the 1830s and 1840s. (fn. 81)
The Witney churchwardens were chiefly concerned
with church repair, though in the late 16th century they
had responsibility for some town as well as church
goods, including brass pots, iron racks, platters, and
table-cloths, which were kept in the town hall and used
at the bailiffs' annual feast. A 'blue streamer with a
golden lion', mentioned in 1580 and sold the following
year, was presumably a church or civic banner. (fn. 82) Joint
responsibility for town charities increasingly involved
the churchwardens in poor relief, (fn. 83) and in the late 18th
century and early 19th they made small payments for
digging gravel, for repairs to railings and a drain at
Church Green, for rubbish-clearing, and for repair of a
padlock in the shambles, besides regular payments for
maintenance of a fire-engine. (fn. 84)
The vestry elected collectors of the poor for the townships from 1613, and two for Witney from 1620, earlier
appointments having been made in the borough court.
By 1641 there were three overseers for the town, and by
the late 18th century there were four, appointed by the
justices of the peace out of eight nominees selected by
the vestry. (fn. 85) Two supervisors of highways for the town
were annually appointed from 1576, becoming increasingly subject to outside authorities and legislation: in
1751 they were ordered by the justices to make a rate for
road-repair. (fn. 86) A sexton and a parish clerk, mentioned
from the 1630s, were also appointed by the vestry, which
in 1663 ruled that payments for ringing the great bell
should be shared between them. In 1817 the sexton was
responsible for winding the clock and chimes and
oversaw bell-ringing, besides maintaining the churchyard and keeping order during services. (fn. 87) Policing of the
town seems to have remained chiefly the responsibility
of manorial officers until the 18th century, though by
then the overseers shared oversight of the town beadle,
who may later have been appointed by the vestry. (fn. 88)
Vestry Government from c. 1830
During the 1830s the vestry adopted the Lighting and
Watching Act, annually appointing inspectors who were
chosen from among leading townspeople, and who
raised rates through the overseers. (fn. 89) Officers appointed
by the inspectors, besides the beadle, included a local
solicitor who served as clerk, possibly Clinch's bank as
treasurer, and two surveyors of highways. (fn. 90) During the
1830s and 1840s the inspectors negotiated for supply of
street-lighting, probably oversaw paving and scavenging, and in the 1850s approved the building of a new
lock-up. (fn. 91)
In 1863 the inspectors were superseded by a new local
board established under the Local Government Act of
1858, which assumed most of their functions; (fn. 92) the vestry
continued, however, to appoint overseers, church
officers, and (from 1855) members of the newly established burial board, and in the early 1890s sought,
apparently unsuccessfully, to examine accounts of town
charities. In 1895 most of the vestry's residual local
government powers were appropriated by the newly
established urban district council, and thereafter it dealt
almost exclusively with church affairs, though in the late
1890s the UDC required its authorization to extend the
municipal cemetery, and in the early 20th century assistant overseers still formally tendered their resignation
there. (fn. 93) A special vestry meeting in 1897 to discuss the
controversial borough boundary extension was said to
have been poorly attended. (fn. 94) A town crier continued
until the early 20th century; in the early 1870s the office
was held by a former beadle, who also served as clerk of
the market. (fn. 95)
Town Government From 1863
In 1863 most of the vestry's civil functions, together with
the few residual powers of the moribund manor court,
passed to an elected local board established under the
1858 Local Government Act. In 1895, under the Local
Government Act of 1894, the board was itself superseded
by an elected urban district council with even broader
powers, although both were run by the same leading
manufacturers, tradesmen, and professionals who had
earlier dominated the vestry. Notwithstanding piecemeal
accretion of new functions during the 20th century, and
the appropriation of others by the county council or
other bodies, the arrangement continued essentially
unaltered until local government reorganization in 1974.
Thereafter Witney retained only a town council, largely
divested of powers over planning, health, and roads. (fn. 96)
The urban district created in 1895 was conterminous
both with the former borough or township and with the
civil parish. Like the civil parish it was extended to incorporate newly built-up areas in 1898, 1932, and the
1960s, (fn. 97) and membership of the urban district council
was accordingly increased from nine to ten in 1898,
including a chairman and vice-chairman, and to twelve
in 1932. (fn. 98) Both the local board and the urban district
council met usually every 2–4 weeks, at first in the Corn
Exchange, where a room was rented until the building
was bought in 1911, and from around 1936 in a council
chamber in newly acquired premises at No. 26 Church
Green. (fn. 99) Premises off High Street were rented as a depot
from the 1870s to 1890s or later, and in 1896 a room in
the Blanket Hall was rented as an office for the
surveyor. (fn. 100)
The Local Board (1863–95)
The local board comprised nine members of whom
three were elected annually. From its inception,
members included prominent industrialists, tradesmen,
and professionals, both Anglican and Nonconformist:
the first board included members of the Batt, Early,
Clinch, Long, and Ravenor families, some of whom
served several terms, while later members included
blanket-manufacturers such as the Smiths and
Marriotts, grocers such as the Tarrants, and the Bartletts,
local builders. (fn. 101) From 1870 all householders, whether
direct or indirect ratepayers, could vote, (fn. 102) and elections
were sometimes contentious. (fn. 103)
The board's initial responsibilities, partly inherited
from the lighting and watching inspectors whom it
replaced, included street-lighting, repair and scavenging
of roads, sewage disposal and drainage, water supply,
public health, and suppression of nuisances. Members
also dealt with encroachments and planning applications, registered lodging houses and slaughter houses,
issued games licences and licences for petroleum
storage, and from 1870 regulated the market and fairs
and collected the tolls, occasionally giving permission
for public performances or gatherings in the market
place or on Church Green. (fn. 104) After new bylaws were
agreed in 1863 the board sometimes prosecuted
offenders for repeated transgressions, (fn. 105) and occasionally
negotiated with householders for removal of encroachments such as projecting frontages, for which compensation was paid. (fn. 106) Salaried officers were a clerk, a
treasurer, and a surveyor responsible for highways,
lighting, and sewerage, who also served as inspector of
nuisances and rate-collector; from 1870 there was also a
toll-collector. (fn. 107) All of them were at first local people, the
appointment of an Essex man as surveyor and inspector
in 1896 marking a shift towards increased professionalization. (fn. 108) A medical officer of health, a qualified doctor
required to make annual reports and to assist with
inspections, was appointed from 1873, and from 1879
the board, in its capacity as urban sanitary authority
under the 1875 Public Health Act, made joint appointments with the rural sanitary authorities. (fn. 109)
Witney Urban District Council (1895–1974)
From 1895 the newly established urban district council,
comprising essentially the same people as its predecessor, extended its powers under the 1894 Act,
becoming a burial board with responsibility for the
municipal cemetery, (fn. 110) appointing four overseers of the
poor and a salaried assistant overseer, (fn. 111) and adopting the
powers of a parish council over public property, parish
documents, and charities. From 1896 it appointed
trustees for charities formerly run by the churchwardens
or overseers, and participated in their administration. (fn. 112)
Like its predecessor it negotiated contracts with local
companies for street lighting, and for gas and (later)
electricity supply; from the early 20th century it also ran
the new municipal waterworks, and until 1948 the electricity generating station, employing managers, engineers, and staff. (fn. 113) From 1904 it administered the Leys
recreation ground, and, later, other recreational facilities
including the public baths and library. (fn. 114)
From 1919, under the Housing and Town Planning
Act, the council built and administered council houses
(chiefly financed from government loans), and from the
1930s, alongside its more general role as local planning
authority, it increasingly oversaw slum clearance. (fn. 115) Its
public health role also continued, the council liaising
with other bodies during the earlier 20th century to
provide fire-fighting, ambulance, and hospital provision, appointing a surveyor and sanitary inspector,
licensing slaughter houses and inspecting nuisances, and
jointly appointing a medical officer of health. (fn. 116) From
1901 it had limited powers over factory conditions,
which in 1903 it was said to have exceeded. (fn. 117) Responsibility for main roads was retained under ad hoc arrangements until the early 20th century, Oxfordshire County
Council paying an annual contribution which was periodically renegotiated; (fn. 118) in the 1890s Bampton East
Highway Board similarly contributed to the upkeep of
West End, still partly outside the borough, though the
agreement was terminated in 1895 after the highway
board refused to increase the payment. (fn. 119) Road safety was
a concern by the 1870s, when the local board first issued
injunctions against speeding bicycles; street crossings
were being provided by the 1890s and warning signs for
motor cars by 1905, and in 1919 the council sought
imposition of speed limits. (fn. 120) House-numbering and
provision of street name-plates were undertaken in the
1890s. (fn. 121)
The council's business was administered by ad hoc
committees, most of which became permanent; in 1896
they included finance, bylaws, water-supply, cemetery,
and roads committees, and in the 1930s electricity and
water committees, a hospital and fire-brigade
committee, a housing and public buildings committee,
and rating and recreation-ground committees. (fn. 122) Joint
committees with other bodies included, in the 1950s, a
Witney Area Planning subcommittee, a United Districts
Medical Officer of Health committee, and a county
fire-brigade committee. (fn. 123) In the mid 1960s the council
continued to deal with housing, planning, slumclearance, and new building, as well as with upkeep of
minor roads, street lighting, and public health; it
appointed a public health inspector and a meat inspector
to oversee abattoirs, ran the waterworks and sewage
works, and administered the cemetery, along with the
Corn Exchange, the town hall, and other municipal
grounds and buildings. A medical officer of health was
still jointly appointed with the rural district council. (fn. 124)
Responsibility for the church clock and chimes was
adopted in 1920. (fn. 125)
Both the board's and the UDC's income came chiefly
from the general rate, supplemented by government
grants or loans for large capital expenditure such as
water supply or housing. In 1895–6 the rate yielded
around £740; Oxfordshire County Council contributed
£400 towards highway repair and £15 towards the cost
of the medical officer of health and inspector of
nuisances, with another £5 coming from Bampton East
Highway Board for West End, and around £24 from
market and fair tolls. Expenditure, some £1,460,
included salaries (around £70), roads, paving, and scavenging (£685), lighting and gas (£250), sewerage (£54),
and rents and general costs (£85). (fn. 126) The boundary extension of 1898, as originally envisaged, would have
increased the district's rateable value by up to 50 per
cent, which prompted considerable opposition: many
affected residents, excluded from existing sewerage and
water plans, considered that they were being asked to
support the council financially without receiving any
benefits. (fn. 127) The eventual extension nevertheless brought
in lucrative premises at West End, Woodgreen, and in
Curbridge, and in 1903 the rate yielded almost £4,000,
annual expenditure including £1,800 in loan instalments and interest in connection with sewerage and
water schemes. (fn. 128) In the 1960s the various committees
and subcommittees kept separate accounts, income still
coming chiefly from rates, housing and other rents,
contributions from government and outside bodies, and
a few hundred pounds from the market. (fn. 129)
Town Government from 1974
Under local government reorganization in 1974 Witney
became part of the new West Oxfordshire District, the
district council acquiring most of the disbanded UDC's
powers over planning, housing, and public health, while
Oxfordshire County Council secured responsibility for
highways, street-lighting, and paving. The town retained
a town council of twelve (later sixteen) elected members
representing four wards, headed by a mayor, and exercising limited responsibility within the former urban
district, which became a successor parish with town
status. The first mayor defined the council's chief role as
providing a link with outside authorities and representing townspeople's views, and essentially its powers
were those of an ordinary parish council: it commented
on planning issues, and retained control of allotments,
burial grounds, and some leisure facilities, besides
retaining as ancient property its insignia and some of its
muniments, the town hall and Butter Cross (held as a
charitable trust), and Langdale Hall. (fn. 130) The Corn
Exchange, controversially allotted to the district council
for use as offices, was bought back in 1976, following a
1,400-signature petition to return it to public use. (fn. 131) At
first the council shared the UDC's former premises at
No. 26 Church Green with the district council, to which
the building was transferred, but from 1976 the town
council used the renovated town-hall chamber and
attached offices. (fn. 132) The UDC's former public health
inspector became the first part-time town clerk. (fn. 133)
Despite its limited powers the council took an active
and sometimes controversial role in the planning issues
which dominated Witney from the 1970s, renovating
the Corn Exchange and Langdale Hall as social amenities, pressing for development of new shopping and
commercial facilities east of High Street, and in the
1990s developing the extensive Witney Lakes and
Meadows Park south of the town, on land bought in
1988. (fn. 134) Its income came from reserves and interest, from
charges for its services and property, and from
non-business rates levied on residents: (fn. 135) in the early
1980s town rates were up to twenty times those in neighbouring rural parishes, prompting controversy in 1984
when boundary changes left new industrial estates
outside the town, despite the fact that most workers lived
there and were assumed to enjoy its facilities. (fn. 136) Responsibility for recreational areas in new housing estates
during the 1980s and 1990s also passed to the town
council, enlarging its role. (fn. 137)
Policing and Administration of Justice
Local Jurisdiction
During the Middle Ages franchises enjoyed by the
bishop of Winchester as lord of Witney manor included
the right to deliver and return royal writs within the
borough, to receive the forfeited goods of convicted
criminals, and to receive fines arising from Crown pleas
involving his tenants. All those rights were exercised on
his behalf by the town bailiffs, who answered for
resulting income in their annual accounts, (fn. 138) and in the
late 16th century or early 17th they still asserted their
right to prevent the sheriffs bailiff or Church officers
from summonsing people within the town, and to serve
such writs themselves. (fn. 139) The names Galloway field and
Gib's cross (in Curbridge) may preserve memory of a
gibbet, though bishops of Winchester are not known to
have had right of gallows at Witney. (fn. 140) Criminals' goods
seem sometimes to have been seized by the Crown, (fn. 141)
which in 1573 prosecuted two bailiffs for withholding
them, (fn. 142) but town bailiffs accounted for forfeited goods in
the late 14th and early 15th century (fn. 143) and still claimed
the right in the 16th. (fn. 144) Profits of 'green wax', arising from
pleas involving Witney tenants heard before the king's
justices, yielded sometimes 5–6s. a year in the later 15th
century, (fn. 145) and were still leased with the manor in the
early 18th. (fn. 146) The bailiffs were evidently responsible for
delivering defendants to the king's court, and in 1446
were fined for failing to do so; (fn. 147) in the early 19th century
they still bore the cost of conveying prisoners to
Oxford. (fn. 148)
Petty crime, including theft, assault, and affray, was
dealt with in the borough court or tourn in the 13th and
early 14th century, though apparently not, except for
minor breaches of the peace, by the 16th, when the
court's primary judicial business was settlement of small
claims. Jurisdiction over offences punishable by tumbrel
(or ducking-stool) and pillory was theoretically reserved
for the bishop, (fn. 149) though in the Middle Ages both were
administered by the bailiffs, who accounted for their
repair: the pillory was renewed in 1219–20 and
1349–50, and a tumbrel in the market place was repaired
using the lord's wood in 1329–30 and 1346–7. (fn. 150) Fetters
for thieves were bought in 1220–1. (fn. 151)
By the 17th century responsibility for such punishments had passed, as elsewhere, from manorial or town
officers to the justices of the peace, but pillory and stocks
continued. In 1687 the parish constables confirmed to
the justices that stocks, pound, and pillory were in good
order, (fn. 152) and as late as 1752 the justices ordered a prisoner in Oxford castle to stand in the pillory at Witney. (fn. 153)
Stocks apparently on Church Green were still used occasionally in 1871, when a man was sentenced for
non-payment of a fine. (fn. 154) Public whippings in the market
place, at the instigation of the justices, were recorded in
the 18th century. (fn. 155)
Prisons and Lock-Ups
The king's prison at Witney was mentioned in 1261
when, during a vacancy, the guardian of the bishopric of
Winchester was to convey a forger from thence to
Newgate. (fn. 156) There was apparently no local prison in
1479–80, when inhabitants accused of a wounding were
taken to Oxford at the bishop's expense. (fn. 157)
A house of correction or bridewell, financed by the
county, was opened at Witney about 1611 (fn. 158) and continued until 1788, when the justices ordered its closure. (fn. 159)
Inmates, chiefly vagrants, petty criminals, and 'lewd
women', seldom numbered more than four or five, and
came from a wide area. (fn. 160) Salaried keepers, appointed by
the justices of the peace, included local victuallers and, in
the 1730s, the surgeon Francis Collier (d. 1741), who
then owned the premises; expenses, including the cost of
conveying prisoners to and from Oxford, were reimbursed by the justices. (fn. 161) At first the bridewell stood
apparently on the east side of High Street, (fn. 162) moving to a
new site by the market place perhaps about 1743 when
the 'new bridewell' was mentioned. That building
became the Three Crowns Inn before 1766, and in 1783
the bridewell was an outbuilding in the yard of another
privately owned house. (fn. 163)
A 'blindhouse' or parish lock-up, evidently a single
small cell at or adjoining the town hall, was mentioned
from the early 18th century. (fn. 164) Probably that was the 'old
lock-up' condemned in 1852 as 'the Black Hole of
Calcutta in miniature, unfit . . . for the incarceration of a
human being'; a grate seems to have opened onto the
street, allowing felons to 'communicate with their associates at large' and necessitating constant attendance by
a constable until magistrates heard the case. (fn. 165) In 1852
the lighting and watching inspectors agreed to replace it,
and a new, stone-built lock-up and police house was
built on the east side of Market Square in 1855; that was
sold in 1862, having been superseded in 1860 by a new
county police station with cells and a court room. (fn. 166) The
'old blindhouse', presumably that at the town hall, was
converted into a urinal in 1869. (fn. 167)
Peace Officers and Police
The earliest officers of the peace were presumably the
two constables elected by the borough court and later by
the court leet, who in the 16th century may have been
assisted by the serjeant or wardsmen. (fn. 168) In the early 18th
century they were assisted by watchmen, of whom five,
all local tradesmen of slender means, were reported to
the justices in 1738 for refusing to take up their watch
while a constable was ill. (fn. 169) A bellman or town crier, who
in the 16th century gave notice of court sessions, (fn. 170) may
also have helped with policing: certainly by the early
18th century the bellman or beadle was required to
patrol the town, control vagrants, inspect public houses,
and report wrongdoers to the justices. (fn. 171) Though then
appointed by the court leet he received 40s. a year from
the overseers, and the vestry may gradually have
assumed increased responsibility; in the 1790s the
overseers provided the beadle with a new coat, and in the
1820s the churchwardens contributed to a beadle's
dinner. (fn. 172) By then the beadle was the only peace authority
in the town, presumably excluding the constables, and
rarely patrolled as far north as Woodgreen, to the delight
of those involved in rowdy Sunday games there. (fn. 173)
After adoption of the Lighting and Watching Acts in
the 1830s the town inspectors continued to appoint a
'blue-coated and red-collared beadle'. (fn. 174) Witney was said
to be 'very disorderly', though by 1838 the influence of
reforming manufacturers had allegedly so improved
public morals that there was no longer a need for nightly
police or watchmen, and the chief constable for the
eastern division of Bampton hundred claimed to have
little to do compared with a few years earlier. (fn. 175) After
1842 the justices appointed parish constables as elsewhere, though the court leet still elected constables for
ceremonial duties; (fn. 176) in the early 1850s the parish
constable was still assisted by a beadle, and one or two
law-enforcement officers appointed by outside bodies
also lived in the town, notably the superintendent
constable for the petty sessional division, who served
also as inspector of weights and measures, and the high
or chief constable for the eastern hundredal division.
Local solicitors served as deputy and county coroners
and as clerk to the magistrates, and there was a town
association for prosecution of felons. (fn. 177)
With the founding of the Oxfordshire constabulary in
1857 responsibility passed to the county: in the 1870s
the Witney force comprised seven constables, a sergeant,
and a superintendent, the last two housed in the new
police station at Church Green. (fn. 178) A county court on
Bridge Street was completed in 1858–9, and in the 1960s
a new divisional police headquarters was built on Welch
Way. (fn. 179)
Poor Relief
The 16th to Mid 18th Century
In the 16th century provision for the poor came from
charitable bequests, (fn. 180) donations to the poor-box, and
(under legislation of 1563 and 1572) compulsory levies,
variously administered by the town bailiffs, churchwardens, or other officers. In the 1570s some alms or poor
rates were apparently collected by the serjeant, who
accounted for them to the bailiffs in the borough court, (fn. 181)
though the churchwardens shared responsibility,
accounting at the Easter vestry in 1581 for 57s. distributed from the poor-box after Sunday communion over
the previous year. (fn. 182) From 1583 collectors of the poor
were annually appointed by the bailiffs in the borough
court, where they accounted for money from the
poor-box and, presumably, for poor rates, though no
poor-rate levies were recorded. (fn. 183) Fines levied in the
borough court were sometimes set aside for the poorbox, and in 1596 the court authorized payment of 2s. 6d.
to a widow 'towards the keeping of the child which she
has to keep at the charge of the town'. (fn. 184)
During the early 17th century, as the borough court
declined, the vestry's responsibility for poor relief
increased. Overseers were appointed there from 1613,
and in 1663 a special meeting agreed that the churchwardens could neither disburse money to the poor nor
raise poor rates without the vestry's sanction, and that
except in case of illness poor relief should only be distributed at church after Sunday services. (fn. 185) The bailiffs
remained responsible for bastardy bonds until the mid
17th century, when those, too, were taken over by the
vestry, (fn. 186) though they continued to be involved in charity
administration. In 1613 the charity commissioners
ruled that the bailiffs should account at the annual vestry
for income received from charitable property, and that
they should hold one of three keys to the parish chest, the
others being held by the churchwardens and overseers. (fn. 187)
During the trade recession of the 1690s expenditure
on poor relief seems to have been especially high: in
1693 a neighbouring landowner complained that the
town was 'so over-burthened with poor' that
surrounding parishes had to contribute to their upkeep. (fn. 188)
The following year Witney's ratepayers petitioned the
justices of the peace, alleging that trade was dead, provisions dear, and the maintenance of the poor 'too great to
sustain', (fn. 189) and in 1701 the charity commissioners
complained that some charitable income was being paid
to the churchwardens or overseers 'in ease of the poor's
rate and tax', in contravention of earlier decrees. (fn. 190) In
1722 inhabitants asked that owners of fulling stocks
should be assessed for poor rate, complaining that while
the owners escaped taxation, they nevertheless contributed to unemployment by hiring workers on short
contracts or as apprentices. (fn. 191)
In 1730 the churchwardens and overseers, with the
assent of the vestry, rented part of a house on the east
side of High Street as a workhouse or poorhouse; they
were to provide a new well and pump and reserved
access to the river for washing clothes, with use of hedges
in an adjoining close for drying them. (fn. 192) The lease was
surrendered in 1744 when the overseers rented from the
town feoffees three cottages on the site of No. 45 Corn
Street, which were rebuilt as a workhouse and which
continued in use until around 1836. (fn. 193) In 1776 the
building was said to have accommodation for 60
inmates, but in 1803 it housed 115 people and in
1813–15 around 80 excluding children. (fn. 194)
The Mid 18th to Early 19th Century
As elsewhere, annual expenditure on poor relief rose
steadily from the mid 18th century: in the 1740s and
1750s it was around £230–£260, and by 1775–6 £403,
averaging £645 in the early 1780s. The sum was not
excessive for a town of 2,000 inhabitants, although
actual expenditure was higher since paupers at West End
and Woodgreen were supported from Hailey's
poor-rate, while Curbridge's relatively high expenditure
of £142 presumably also reflected its proximity to the
town. (fn. 195) Witney's expenditure continued to rise slowly
until 1799–1800 when it doubled to over £1, 800, (fn. 196)
reflecting the high bread prices which prompted local
riots that year. (fn. 197) By 1801–2 it was over £3,000, around
27s. a head of population, and significantly above the
county and national average. (fn. 198) In 1802–3, when expenditure had fallen, some 240 adults and children, 9 per
cent of the population, received permanent out-relief,
and another 159 occasional relief, while additional
payments were made to 192 'non-parishioners',
presumably vagrants; including 115 workhouse
inmates, almost 20 per cent of the resident population
thus received some relief during the year. (fn. 199) Arthur
Young commented soon afterwards on the town's high
poor-rates, which he attributed partly to mechanization
in the blanket industry and to consequent unemployment, (fn. 200) and from the 1790s overseers were constantly
urged to collect arrears and report defaulters. By 1801
the parish accounts were in deficit, prompting a one-off
5s. rate which was five times the usual levy, and in 1817
the vestry agreed to liquidate existing debts by taking out
a loan of £500. (fn. 201) The cost of poor relief continued to
reflect national trends, bread prices, and local employment: though falling gradually between 1802 and 1807
to just over £ 1,600 (12s. a head), it again reached £3,152
(22s. a head) by 1819, falling back to £1,685 by 1824. In
1813–15, when expenditure averaged £2,450, between
100 and 107 adults received out-relief, and 66–73 occasional relief, with 79–82 adults in the workhouse. By
1832 expenditure had again reached £2,384 (15s. a
head), though by 1835, the last year under the old poor
law, it had fallen back to £1,808. (fn. 202)
In the mid 18th century the vestry entrusted relief to
contractors for a fixed sum, in 1747 to a local baker for
£230, and in 1754 to a fuller for £260; contracts included
responsibility for the workhouse, the contractors'
obligations including its repair and furnishing, provision of clothing, and teaching child inmates basic
literacy and religious instruction. Contractors also dealt
with removals, put out apprentices, and arranged
medical care. (fn. 203) By the 1770s the vestry had again decided
to administer poor relief directly, and, as in the 1790s,
seems to have appointed a salaried clerk or manager of
the poor (effectively an assistant overseer), and a separate workhouse manager. In the 1770s and 1790s small
weekly payments were made to paupers on out-relief,
and packs of yarn or wool were bought for spinning
either in or out of the workhouse, for which a carding
machine was bought in 1801; (fn. 204) total income from spinning and quilling in 1801–2 was nearly £370, and workhouse earnings the following year totalled £130, with
another £39 earned by those on out-relief. (fn. 205) In addition
the vestry paid for medical care of paupers at the pest
house in Hailey, appointed a surgeon who undertook
occasional inoculations, and annually appointed a salaried attorney to deal with settlement cases, rating
disputes, and other matters. (fn. 206) In 1807 the vestry ordered
that 25s.–30s. be spent on clothing and apprenticing
parish boys, (fn. 207) though of some 500 premiums met partly
from parish funds between 1631 and 1823 most were
paid for from local charities. (fn. 208) In 1805 three inhabitants
were prosecuted for 'rescuing' children from the
churchwardens and overseers, who were taking them to
be apprenticed to a Warwickshire cotton spinner. (fn. 209)
In 1801, faced with unprecedented increases in the
cost of poor relief, a group of seven leading townsmen
including the surgeon Edward Batt, the innkeeper
Thomas Coburn, and several blanket-manufacturers
formed an ad hoc committee to assist the overseers,
meeting every week on pain of a 1s. fine for nonattendance. Possibly those were the 'governors and
guardians' mentioned later that year, since the town
seems not yet to have adopted Gilbert's Act. (fn. 210) Three 'governors' and four 'guardians', apparently unsalaried, were
appointed the following year. (fn. 211) In 1807 the vestry finally
adopted Gilbert's Act, annually nominating to the
justices of the peace a visitor, governors, and guardians,
and appointing a salaried assistant overseer and ratecollector; most nominees were leading members of the
vestry, though in the late 1810s and 1820s the visitor was
Walter Strickland of Cokethorpe Park (in Ducklington),
one of the justices. (fn. 212) An assistant or 'perpetual' overseer
with a salary of £40 was appointed in 1810 to help collect
rates more efficiently and to pursue defaulters. (fn. 213) Some of
the able-bodied were apparently found subsidized work
in the blanket factories, quarries, and roads: in 1820
£169 was spent on road labourers, presumably in the
form of wages, and income from factories (presumably
from spinning) was £150, though over £500 was still
disbursed in 'general weekly pay'. The workhouse on
Corn Street became a poorhouse for the sick and
elderly. (fn. 214)
An initiative in 1807 to combine the borough and its
rural townships under the provisions of Gilbert's Act
was apparently abandoned, and in 1810 and possibly
1809 care of Witney's poor was again briefly entrusted to
a contractor for £1,480, the contractor to pay for all
pauper burials. The poorhouse may have been excluded
from the agreement, since later that year the vestry
agreed separate contracts for supply of food and beer. (fn. 215)
Unions of local parishes were discussed frequently,
together with the building or acquisition of a joint poorhouse, (fn. 216) and in 1817 a governor was appointed to
manage the poor of Witney, Curbridge, and
Ducklington; whether the scheme reached fruition is not
clear, though in 1816 and 1817 Witney received small
payments of £10–£17 from the Curbridge and Hailey
rates, perhaps for shared use of the Witney poorhouse. (fn. 217)
In 1819 the governor was forbidden to contract debts
without permission of the guardians, who were to make
all purchases themselves, though in 1823, in another
change of policy, the poorhouse and its inmates were
farmed to the governor at 3s. a head each week. (fn. 218)
Private and charitable initiatives continued to supplement official responses, though in 1813 eleemosynary
charities were reckoned to yield only £165 compared
with poor expenditure of well over £2,000. (fn. 219) In 1802–3
there were four friendly societies with 335 members, and
others, some of them explicitly targeting the 'deserving
poor', were established in succeeding decades. (fn. 220) During
the 1830s and 1840s the rector Charles Jerram divided
the town into twenty districts each with their own visitors, charged with ascertaining the financial needs and
'moral character' of poor families and arranging for
distribution of offerings, (fn. 221) while the blanketmanufacturer John Early claimed to have introduced
widespread allotment-holding among Witney's
labouring poor, which he alleged had rescued several
families from penury and created a 'respectful feeling of
independence from the poor's rates'. (fn. 222)
Poor Relief from 1835
In 1835, under the Poor Law Amendment Act, Witney
became the centre of a poor-law union of 42 parishes,
responsibility for its own poor passing to the board of
guardians. (fn. 223) Thereafter the vestry and, later, the urban
district council merely appointed overseers; (fn. 224) the only
local control over poor relief was administration of town
charities, which in 1910 yielded some £530 a year. (fn. 225)
Opposition to the new regime prompted serious local
rioting during May 1835, though Witney itself seems
not to have been heavily involved. (fn. 226)
The Corn Street poorhouse, briefly used as a district
workhouse, reverted after 1836 to the town feoffees as
administrators of the town charities, who let it as private
and business premises and whose successors still owned
it, as No. 45 Corn Street, in the mid 20th century. (fn. 227) The
new union workhouse on Tower Hill, built in 1835–6
with accommodation for 450 inmates, housed 130
people in 1911, but closed during the First World War
and was sold in 1922. (fn. 228)
Public Health and Public Services
Early Provision
The medieval borough court enforced cleaning of
drainage ditches, removal of dunghills and other
obstructions, control of stray animals in the streets, and
sale of clean meat. (fn. 229) In the 16th century mastiffs were to
be muzzled and bitches on heat kept indoors, inhabitants were fined for allowing unringed pigs to roam, and
in 1558 all inhabitants were ordered to remove dunghills
from their doors on pain of a 5s. fine. (fn. 230) In 1593 the court
forbade victuallers and innkeepers to take in visitors
from infected local towns during an outbreak of plague,
ordering them to inform the constables or bailiffs of any
such arrivals. (fn. 231) The lord's annual court leet, though gradually superseded by other bodies, continued such functions throughout the 18th and 19th centuries, annually
appointing flesh- and fish-tasters, and presenting inhabitants for leaving timber or rubbish in the market place,
failing to scour watercourses, digging a well in High
Street, and, in 1740, creating a nuisance through use of a
potash house. (fn. 232) Stray animals remained a problem in
1865, when the local board repaired gates to prevent
horses and cattle escaping from Langel common. (fn. 233)
Street Scavenging and Paving
During the 18th century the right to shovel dung, muck,
and compost in the borough was let with the manor
house and market tolls, or with meadows adjoining
Corn Street, (fn. 234) and in 1827 the vestry paid 3s. for sorting
rubbish on Church Green, perhaps after Witney feast. (fn. 235)
Householders were required to repair and keep clear the
footway in front of their houses, (fn. 236) but no evidence of
systematic scavenging has been found before the mid
19th century, when street-cleaning and collection of
night soil was annually put out to tender by the local
board's surveyor. West End was scavenged and maintained through ad hoc arrangements with neighbouring
authorities until its inclusion in the borough in 1898. (fn. 237) A
rubbish pit apparently at the end of Corn Street was used
by Witney inhabitants for much of the 19th century with
the board's and UDC's approval, but was closed in 1894
on the county council's orders. (fn. 238) Collection of night soil
was ended around 1903 and of trade refuse around
1905, (fn. 239) though in the 1930s the UDC collected general
refuse twice a week. (fn. 240)
Open ditches on each side of High Street were
replaced with kerbs and footpaths in 1820–1, and part of
High Street was paved in 1850. (fn. 241) Nevertheless Witney
was lampooned in 1839 as 'one of the dirtiest towns in
Christendom', and in 1861 pavements in High Street
were so worn and sunk that cast-iron channels projected
an inch above the surface; (fn. 242) in 1863 the town remained a
'subject of ridicule for mud and dust', stones laid in
macadamizing being reportedly scraped off by the scavenger when damp, or blown into shops when dry. (fn. 243)
From the 1860s the local board and UDC regularly
undertook piecemeal paving or repairs using stones,
pebbles, or brick, (fn. 244) and tarmac was used for some road
surfaces by 1907. (fn. 245)
Drainage and Water Supply
Inadequate sanitation and water supply, frequently
linked with cases of typhoid and cholera in overcrowded
areas such as Lowell Place or the Crofts, (fn. 246) were pressing
issues throughout the 19th and early 20th century: in
1871 the local board was divided between those
favouring action or procrastination, and in 1897 a UDC
chairman resigned after further disagreement. (fn. 247) A
highway rate in 1848 paid for repairs to choked drains
and sewers by the able-bodied poor, and though the
town was then found to be 'cleaner than expected' (fn. 248) the
area around Gun's Hole on High Street, where the
town's drainage poured from a brick barrel drain into an
open ditch, long remained a 'filthy nuisance'. (fn. 249)
In 1874, after several abortive schemes, the enclosed
drain was extended further from the houses, and a new
main sewer flushed with water piped from the river
Windrush was laid along High Street, though there was
still no sewerage north of the river. (fn. 250) A report that year
concluded that drainage was 'still very bad' and that
water was generally polluted, and the board continued to
deal with emptying of slops into open gutters and with
inadequate provision of privies and cesspits, which were
only gradually replaced by pail- or earth-closets. (fn. 251) Sewage
and industrial waste discharged into the Windrush,
which damaged fish stocks and in 1897 prompted
threats of litigation from the Thames Conservancy. (fn. 252) By
then the UDC was considering more ambitious schemes
for the enlarged urban district, and a new sewerage
system, with a pumping station on Dark Lane, was
finally opened in 1902, funded largely by loans from the
Local Government Board. (fn. 253)
As late as 1896 most of 21 typhoid cases in the town
during the previous year were associated with contaminated water-supply, and in 1900 many wells were said to
be drying up, which was blamed partly on the drainage
schemes. (fn. 254) In 1864 the Witney Union board of guardians
ordered the town's local board to supply families by cart
as part of its sanitary duties, and during a water shortage
in 1870 the local board provided inhabitants of Lowell
Place with a barrel a day, besides ordering the proprietor
to sink a well. (fn. 255) By 1898 the UDC supplied over 200
houses with water by cart. (fn. 256) An iron standpipe on
Church Green was mentioned in 1864, and in the 1870s
the board's water carts were filled from a pump 'at the
bridge'. (fn. 257)

48. The burst UDC water tower at Tower Hill, 1904.
Schemes for piped water were considered throughout
the 1890s, (fn. 258) and in 1903, after several abortive attempts,
the UDC opened a pumping station near Apley Barn in
Curbridge, with a large brick water tower at the junction
of Burford Road and Razor (later Tower) Hill. The
tower's tank burst the following year, prompting bitter
recriminations; supply was not interrupted, however, (fn. 259)
and from 1922 the supply was maintained overnight,
chiefly in case of fire. (fn. 260) The waterworks continued until
the opening in 1937 of Worsham waterworks and reservoir in Minster Lovell parish, which served much of the
rural district and which the UDC ran until 1974; (fn. 261) the
former water tower was dismantled about 1938, and the
Apley barn pumping-station was sold and converted to
other uses. (fn. 262) A new sewage works was built in the mid
1960s, just south of the parish boundary by Ducklington
Lane. (fn. 263)
Despite the availability of mains water and sewerage,
domestic amenities were improved only gradually. In
1910 many older cottages and houses had external water
closets and external access to mains water, (fn. 264) though a
recently built house at the Crofts, of substantial build
and including a bathroom, had only an earth closet. (fn. 265)
Internal running water remained uncommon until
much later; four cottages at Lowell Place still shared one
external tap in 1945, (fn. 266) probably typical of the row.
Health Provision
Witney had surgeons and apothecaries from at least the
17th century, (fn. 267) and in the late 18th and early 19th centuries the vestry annually contracted a local surgeon to
provide medical care for the poor, and sometimes to
undertake mass inoculations. (fn. 268) A pest house mentioned
in the 1780s and 1790s, probably a rented cottage, lay
outside the town south of Hailey village, and in 1789
contained six rooms on three floors (including garrets),
furnished with 23 beds or bedsteads. Witney's overseers
paid for nursing smallpox cases there and for provision
of beer and meat, and in 1794 Standlake's overseer asked
that a child be taken in at his expense. (fn. 269) From the 1760s
the Witney surgeon Augustine Batt (d. 1779) and his son
Edward inoculated commercially at Gigley Farm in
Hailey. (fn. 270)
From 1823 to 1857 later members of the Batt family
ran a private lunatic asylum in Witney at No. 33 High
Street (Field House). Inmates included a few paupers
until 1832, and both men and women until 1854,
though by then the asylum catered chiefly for middleclass women. Conditions were generally thought good
by contemporary standards, and inmates were provided
with both indoor and outdoor recreational facilities;
mechanical restraint was still used, however, and in later
years criticism of outdated methods increased. (fn. 271)
Friendly and benefit societies, recorded from the 18th
century, provided limited health care, and a medical
club for those on low wages was mentioned about
1880. (fn. 272) A Witney nursing association was founded in
1888 by the rector and a ladies' committee, which
appointed a nurse, supported chiefly by subscriptions, to
care for the poor and to visit wealthier inhabitants for a
fee. By 1910 the scheme extended to Dissenters, and
enjoyed 'the warm goodwill' of the town. (fn. 273) A home for
sick and destitute children, established by one of the
nurses before 1891, moved to the former Staple Hall Inn
on Bridge street, but closed about 1901. (fn. 274)
The local board's involvement in public health
included isolating smallpox cases, in 1864 providing a
carriage for conveying infected patients and corpses, and
in 1871 issuing rules to prevent introduction of infectious diseases during Witney feast. Under the 1875
Public Health Act the board (and later the UDC) also
acted as urban sanitary authority, and appointed
medical officers of health. (fn. 275) Before 1902 the UDC joined
with other authorities to fund a joint isolation hospital at
Shipton Downs (in Shipton-under-Wychwood), and in
the 1930s it had arrangements with the Abingdon Joint
Hospital Board and with the South Chilterns Smallpox
Hospital Board. (fn. 276) An ambulance to take patients to the
Radcliffe Infirmary in Oxford was acquired from the
British Red Cross Society in 1923 and was replaced in
1934, partly with income from a parish charity; in 1938 a
joint ambulance committee was formed with the rural
district council, and the same year the St John's Ambulance Brigade was given premises in the Corn
Exchange. (fn. 277) In 1934 Witney was said to be well served by
Oxford hospitals, and there was an infant welfare clinic,
an orthopaedic clinic on Mill Street, and a clinic and
dispensary under the county tuberculosis scheme, to all
of which the UDC gave contributions. (fn. 278) A mortuary was
built in the Corn Exchange yard about 1938, for shared
use of which the rural district council paid rent in the
1960s. (fn. 279)
In 1948 responsibility passed to the county council.
Two ambulances continued to be housed at the fire
station until about 1965, when a new ambulance depot
was opened on Welch Way, (fn. 280) and a health centre nearby
was opened soon after. The long-awaited Witney
Community Hospital on Welch Way was completed in
1979, though funding problems delayed its opening; (fn. 281) it
remained open in 2003. Bungalows for mentally handicapped adults were built nearby in 1985. (fn. 282)
Cemetery and Burial Board A burial board appointed
by the vestry was formed in 1855, when it included the
rector and several Dissenters. (fn. 283) Three acres at the foot of
Tower Hill were bought for use as a cemetery, which
opened in 1857 with the southern part consecrated for
Anglican burials and the northern reserved for Nonconformists; each had its mortuary chapel, designed in
13th-century style by William Wilkinson, who also
designed the keeper's lodge. (fn. 284) The UDC took over as
burial board in 1895, and thereafter the board's area of
jurisdiction remained the same as the urban district,
though the vestry still authorized expenditure. (fn. 285) The
cemetery was extended by 3 a. in 1896 and by 4 a. in
1936. (fn. 286)
Public Utilities and Street Lighting
The Witney Gas (later Gas and Coke) Co. built a
gasworks east of High Street in the late 1830s, and
supplied the town until nationalization in 1948. (fn. 287) In the
1860s the works were leased to the local ironmonger
Samuel Lea, allegedly prompting complaints about
falling quality and 'exorbitant' prices, (fn. 288) and from the
1870s to the 1890s they were managed by his successor
Arthur Lea Leigh. (fn. 289) Until the advent of the railway the
need to haul coal by road probably limited the gasworks'
capacity to a single iron gas-holder of 38,000 cubic ft.,
and it is unlikely that many domestic properties were
supplied before then; by 1910, however, the original
holder had been supplemented by a steel one of 56,000
cubic ft., (fn. 290) and domestic supply was becoming common. (fn. 291)
The Witney Electric Supply Co., established around
1899 with offices at No. 71 High Street and a plant on the
south side of Gloucester Place, was licensed the
following year to supply electricity within the urban
district, and in 1904 was laying new mains along High
Street. (fn. 292) The UDC took it over in 1912–13 and ran the
generating plant until 1948, fixing prices, collecting
charges, and by the 1920s employing a manager and an
electrical and water engineer. (fn. 293) In 1919–20 supply was
extended to most of the enlarged urban district, though
not, apparently, up Tower Hill. (fn. 294) In 1922 the UDC
expressed concern that it was making a loss, but by 1936,
when there were seven sub-stations, the operation was
reportedly a great success: demand was increasing and
charges falling, and a showroom sold electrical appliances. (fn. 295) How early domestic supplies became common is
uncertain, though in 1945 several cottages at Lowell
Place (Nos. 23–9) had electric light, and another gas. (fn. 296)
By the 1950s electricity was supplied by the Southern
Electricity Board, and gas by the Southern Gas Board. (fn. 297)
The gasworks was demolished before 1978, leaving two
modern gas holders for storage; the power station in
Gloucester Place, 'a nondescript collection of stone
sheds', was converted to other uses. (fn. 298)
Gas street-lighting was adopted in the late 1830s. (fn. 299)
The gas company's contract was annually renegotiated
with the lighting and watching inspectors and, later, with
the local board and UDC: lamps were usually lit only in
winter, and the company was made responsible for their
warehousing, maintenance, and painting. (fn. 300) In 1868
there were 50 gas lamps along the main streets, and nine
paraffin-oil lamps were converted to gas in 1870. (fn. 301) West
End, though partly outside the borough, had street
lighting by the 1890s, paid for by a special rate. (fn. 302) From
1898 the UDC introduced lighting for the expanded
urban district, including Woodstock road (which at first
was lit by oil), the road to the station, and formerly
unadopted streets such as the Crofts and Gloucester
Place. (fn. 303) The Witney Electric Supply Co. lit the Butter
Cross clock from 1904, and from the 1910s electric
street-lighting gradually superseded gas-lighting. (fn. 304)
Fire-fighting
In 1582 the bailiffs ordered every householder to keep a
tub or barrel of water outside their street door in case of
fire, (fn. 305) and in 1678 church goods in the churchwardens'
care included 24 'new buckets'. (fn. 306) The town presumably
had a fire engine by 1772, when a lease of the bailiffs'
house mentioned a 'new erected . . . engine house' probably under the town hall. (fn. 307) From the 1780s to the 1830s
the vestry regularly paid local tradesmen for 'keeping'
the engine, and met the cost of repairs and of the
engine's use within the borough; (fn. 308) Hailey's churchwardens paid for its use at Middlefield Farm, just over the
borough boundary, in 1792. (fn. 309) The engine may have been
kept at a different site by 1806–7, when the vestry paid
two years' rent for 'a standing' for it. (fn. 310)
By the 1850s there was again no fire engine,
prompting repeated calls for a volunteer fire brigade. (fn. 311)
After several disastrous mill fires a brigade was finally
established around 1879–80, (fn. 312) at first apparently using a
fire engine fetched by horse from Cokethorpe (near
Ducklington). (fn. 313) In 1880 the local board acquired a new
town engine, which from 1881 was housed in rented
premises behind No. 101 High Street. (fn. 314) The brigade
remained a volunteer force, but became increasingly
accountable to the board and later to the UDC, which
met its general running costs, paid rent for the station,
laid down policy, and from 1898 took over its equipment, besides annually appointing two councillors to
oversee business matters. From 1921 the UDC's fire
committee held periodic inspections and undertook
maintenance of hydrants. (fn. 315) In 1904 the UDC discussed
charges for use of the engine outside the urban district,
but in the early 1920s the brigade still had no obligation
to attend beyond the reach of the hydrants, and neighbouring parish councils were unwilling to share the cost
of extending the service. A motor engine, to whose
upkeep the rural district council agreed to contribute,
was finally acquired in 1927–8 following a disastrous fire
at Pritchett's glove factory in Newland, just over the
urban boundary, and a new fire- and ambulance station
was provided by the UDC at the Corn Exchange yard. (fn. 316)
The engine was replaced in 1937, when the brigade
numbered twelve men and two officers, becoming the
only volunteer force in the county to qualify as a Class A
brigade. (fn. 317)
As elsewhere the brigade was replaced in 1941 by
arrangements under the National Fire Service, and in
1948 responsibility passed to the county council, though
the town retained representation on the County Fire
Brigade Committee. (fn. 318) A new fire station on Welch Way,
opened about 1965, (fn. 319) remained in use in 2003.
Town Property
Early Borough Property
Borough or parish officers may have owned or rented
one of the Corn Street quarries in the 1470s, when the
churchwardens sold 36 ft. of freestone. (fn. 320) In the 16th
century the borough still claimed rights in that area: in
the 1570s and 1580s the bailiffs and townsmen, acting
through the borough court, allowed three or four
tradesmen to build cottages on plots at Corn Street's
west end, one of them in a quarry, (fn. 321) although more
usually permission to build on the waste around Corn
Street was given by the bishop's manor court. (fn. 322) The new
cottages each owed 12d. rent to the bailiffs or chamberlains, perhaps the source of 2s. 10d. quitrent still received
by the bailiffs in 1910. (fn. 323)
By the 1560s the town chamberlains received other
small rents, amounting to less than £5 a year, from a
close at West End and from one or more 'town houses'
on Corn Street, to whose repair fines for non-attendance
at the borough court were allocated in 1560. (fn. 324) When and
how the property was acquired is not known, though the
town houses may also have been erected only recently. (fn. 325)
Some or all of them lay apparently on Corn Street's
south side on the site of No. 45, where two (later three)
houses called 'townland', belonging to the borough in
1613, were let by the overseers in the 1640s; thenceforth
they were included in the town charities under successive Charity Commission decrees, and although from
1744 they were leased to the overseers as a workhouse, in
1836 they reverted to the town feoffees as trustees of the
town charities. (fn. 326) An almshouse at Church Green, also
owned by the borough in 1613, was similarly vested in
the town feoffees and leased for charitable purposes. (fn. 327)
The only other borough property was the town or
guild hall and the market house or Butter Cross. The
bailiffs, through the town feoffees, retained responsibility for both until the early 20th century, receiving for
their own use the rent from a house (No. 51 Market
Place) adjoining the town hall on the north. (fn. 328) Other
houses held by the feoffees or by parish officers, in Corn
Street, High Street, and Church Green, derived from
eleemosynary charities given in the 16th century or later,
and were held in trust only. (fn. 329) The town close at West End,
together, presumably, with any other town houses or
rents, had been lost by the mid 19th century. (fn. 330)
Later Acquisitions
During the late 19th and earlier 20th century the urban
district council acquired additional property in the town
and elsewhere, chiefly in connection with its increasing
responsibility for public services, recreational amenities,
and council housing. (fn. 331) A waterworks site in Curbridge
was bought in 1902, (fn. 332) and the Leys, rented as a recreation
ground from 1904, was bought in 1920. (fn. 333) The Corn
Exchange was bought in 1911 after the Corn Exchange
Co. was disbanded, (fn. 334) and in 1936 the UDC bought No.
26 Church Green as council offices; (fn. 335) thereafter rooms in
the Corn Exchange were let to clubs and societies, and its
yard was used as a depot. (fn. 336) Trusteeship of the Butter
Cross, the town hall, and the house to its north passed to
the UDC in 1929 following abolition of the bailiffs'
office, together with the Blake endowment for upkeep of
the Butter Cross clock. (fn. 337) In the early 1960s the UDC
retained all those premises, together with No. 55B
Market Square, the mortuary, a sewerage pumping
station and new depot on Dark Lane, Worsham waterworks (in Minster Lovell parish), a large housing stock,
and several recreation grounds. (fn. 338) Langdale Hall,
formerly a drill hall, was bought about 1968 for use as a
social venue. (fn. 339)
Under local government reorganization in 1974 most
of the property passed to West Oxfordshire District
Council; the new town council retained Langdale Hall,
the town hall with No. 51 Market Square, and the Butter
Cross, and recovered the Corn Exchange from the
district council in 1976. (fn. 340) In 2002 the town council
administered all those buildings, along with Ceewood
and Burwell community halls in the new housing estates,
the allotments and recreation grounds, the cemetery,
and the 75-a. Lakes and Meadows Country Park south
and east of the town, bought for recreational use in
1988. (fn. 341)

49. Witney borough seal.
Seals and Insignia of The Borough and Town
The 'ancient seal of the borough of Witney' was enrolled
at the herald's visitation of 1574, when it depicted a
lamb and flag between a crescent and a sun, with the
legend 'SIGILLUM COMMUNE BURGENSIUM ET VILLE DE
WITNEY' ('Common Seal of the Burgesses [or Borough]
and Town of Witney'). (fn. 342) The symbols were those of St
John the Baptist, frequently associated with medieval
textile or cloth guilds, and had perhaps been taken over
from an unrecorded textile guild in Witney. (fn. 343) Probably
the town had used a similar seal from the 13th century: a
damaged seal-matrix found near Newland, made about
1300, also depicts a paschal lamb with flag and staff,
though the legend is indecipherable. The matrix, of iron
covered with bronze, is vesica-shaped, but the 16th-century seal was apparently circular. (fn. 344) In 1481 the 'seal
of the community of the borough' was attached to a
private conveyance because the witnesses' seals were not
sufficiently well known, (fn. 345) and a 'town seal' was
mentioned in the 16th century. A seal in the possession
of the cloth searchers in the 1580s may, however, have
been a separate lead seal required for cloth sealing. (fn. 346)
No later references to a borough seal have been found,
and presumably none existed in 1863 when the newly
established local board agreed to order one. (fn. 347) The urban
district council, as the board's successor, adopted the
seal in 1895, having it re-engraved with the legend
'Witney Urban Council' and the Witney coat of arms,
presumably the lamb and staff. (fn. 348) In 1955 the council was
granted a new coat of arms with the motto 'Ingenio
Floremus' ('By skill we flourish'): the crest incorporated
the lamb and staff, and the shield featured emblems
associated with the town, including two leopards with
shuttles in their mouths, taken from the Blanket
Company seal, a glove to represent gloving, and a picture
of the Butter Cross. The cost was borne by a former
councillor. A seal incorporating the new arms, with the
legend 'Urban District Council of Witney', was adopted
the following year, and in 1975 the arms and the seal
were transferred to the newly established town council,
which had the legend recut in 1985. (fn. 349)
There was presumably a town mace by the late 16th
century, when the serjeant was sometimes called the
serjeant of the mace. (fn. 350) The existing, silvered mace is
18th-century, inscribed with the names of town bailiffs
from 1742 to 1926; in the early 19th century it was used
when officers were chosen, but lay 'idle' the rest of the
year. (fn. 351) After the abolition of the bailiffs' office in 1926 it
was left in the custody of the urban district council, to
which the last serving bailiff formally presented it in
1950; it remained on display in the town hall in 2003,
and was still used on ceremonial occasions. (fn. 352)
J. H. Early, on behalf of local blanket-manufacturers,
presented a chain and insignia of office to the chairman
of the urban district council in the 1950s, incorporating
the newly acquired town arms. The chain was adopted
by the mayor of the town council after 1974 and
remained in use in 2003. (fn. 353)
Parliamentary Representation
Witney borough was represented in parliament only five
times between 1305 and 1330, and returned no
members thereafter, a reflection of its diminishing
borough status. Only one member was sent in 1306, but
usually two. (fn. 354) All seem to have been resident burgesses,
among them members of the prominent Raulin and
Standlake families; (fn. 355) John Hustone (MP 1304–5) served
several terms as town reeve or bailiff, (fn. 356) and John of
Wellow (MP 1330–1), implicated in 1348 in an attack
on property at Stanton Harcourt, was a co-lessee of
Farm and Witney Mills. (fn. 357)
The modern parliamentary constituency of Witney,
created in 1983, encompasses West Oxfordshire District
and some villages outside. (fn. 358)