Chapter 13

The son of this man, Robert Dudley, Earl of Leicester, favorite of Queen Elizabeth, is held up by our historians as a master-piece of dissimulation, pride, and cruelty. He married three wives, all which he is charged with sending to the grave by untimely deaths; one of them, to open a passage to the Queen's bed, to which he aspired. It is surprising, that he should deceive the penetrating eye of Elizabeth: but I am much inclined to think she _knew him_ better than the world; and they knew him rather to well. He ruined many of the English gentry, particularly the ancient family of Arden, of Park-hall, in this neighbourhood: he afterwards ruined his own family by disinheriting a son, more worthy than himself.--If he did not fall by the executioner, it is no proof that he did not deserve it.--We now behold

JOHN, DUKE OF NORTHUMBERLAND, 1537,

Lord of the manor of Birmingham; a man, who of all others the least deserved that honor; or rather, deserved the axe for being so.

Some have asserted, "That property acquired by dishonesty cannot prosper." But I shall leave the philosopher and the enthusiast to settle that important point, while I go on to observe, That that the lordship of Birmingham did not prosper with the Duke. Though he had, in some degree, the powers of government in his hands, he had also the clamours of the people in his ears. What were his inward feelings, is uncertain at this distance--Fear seems to have prevented him from acknowledging Birmingham for his property. Though he exercised every act of ownership, yet he suffered the fee-simple to rest in the crown, 'till nine years had elapsed, and those clamours subsided, before he ventured to accept the grant, in 1546.

As the execution of this grant was one of the last acts of Henry's life, we should be apt to suspect the Duke carried it in his pocket ready for signing, but deferred the matter as long as he could with safety, that distance of time might annihilate reflection; and that the King's death, which happened a few weeks after, might draw the attention of the world too much, by the importance of the event, to regard the Duke's conduct.

The next six years, which carries us through the reign of Edward the Sixth, is replete with the intrigues of this illustrious knave. He sought connections with the principal families: He sought honours for his own: He procured a match between his son, the Lord Guildford Dudley, and the Lady Jane Gray, daughter of the Duke of Suffolk, and a descendant from Henry the Seventh, with intent of fixing the crown in his family, but failing in the attempt, he brought ruin upon the Suffolk family, and himself to the block, in the first of Queen Mary, 1553.

Though a man be guilty of many atrocious acts that deserve death, yet in the hour of distress humanity demands the tear of compassion; but the case was otherwise at the execution of John, Duke of Northumberland, for a woman near the scaffold held forth a bloody handkerchief and exclaimed, "Behold the blood of the Duke of Somerset, shed by your means, and which cries for vengeance against you."

Thus Northumberland kept a short and rough possession of glory; thus he fell unlamented; and thus the manor of Birmingham reverted to the crown a second time, the Duke himself having first taught it the way.

Birmingham continued two years in the crown, 'till the third of Queen Mary, when she granted it to

THOMAS MARROW,

1555,

Whose family, for many descents, resided at Berkeswell, in this county.

In the possession of the High Bailiff is a bushel measure, cast in brass, of some value; round which in relief is, SAMUEL MARROW, LORD OF THE MANOR OF BIRMINGHAM, 1664.

The Lordship continued in this family about 191 years, 'till the male line failing, it became the joint property of four coheirs--Ann, married to Sir Arthur Kaye; Mary, the wife of John Knightley, Esq; Ursulla, the wife of Sir Robert Wilmot; and Arabella, unmarried; who, in about 1730, disposed of the private estate in the manor, amounting to about 400_l_. per annum, to Thomas Sherlock, Bishop of London, as before observed, and the manor itself to

THOMAS ARCHER, ESQ.

for 1,700_l_. in 1746,

Of an ancient family, who have resided at Umberslade in this county more than 600 years--from him it descended to

ANDREW, LORD ARCHER,

And is now enjoyed by his relict,

SARAH, LADY ARCHER,

1781,

Possessing no more in the parish than the royalty; as it does not appear that the subsequent Lords, after the extinction of the house of Birmingham, were resident upon the manor, I omit particulars.

Let me remark, this place yet gives title to the present Lord Viscount Dudley and Ward, as descended, by the female line, from the great Norman Barons, the Fitz-Ausculfs, the Paganalls, the Somerys, the Suttons, and the Dudleys, successively Lords paramount, whose original power is reduced to a name.

MANOR HOUSE.

(The Moat.)

The natural temper of the human mind, like that of the brute, is given to plunder: This temper is very apt to break forth into action. In all societies of men, therefore, restraints have been discovered, under the name of laws, attended with punishment, to deter people from infringing each others property. Every thing that a man can possess, falls under the denomination of property; whether it be life, liberty, wealth or character.

The less perfect these laws are, the less a people are removed from the rude state of nature, and the more necessity there is for a man to be constantly in a state of defence, that he may be able to repel any force that shall rise up against him.

It is easy to discover, by the laws of a country, how far the people are advanced in civilization. If the laws are defective, or the magistrate too weak to execute them, it is dangerous for a man to possess property.

But when a nation is pretty far advanced in social existence; when the laws agree with reason, and are executed with firmness, a man need not trouble himself concerning the protection of his property--his country will protect it for him.

The laws of England have, for many ages, been gradually refining; and are capable of that protection which violence never was.

But if we penetrate back into the recesses of time, we shall find the laws inadequate, the manners savage, force occupy the place of justice, and property unprotected. In those barbarous ages, therefore, men sought security by intrenching themselves from a world they could not trust. This was done by opening a large ditch round their habitation, which they filled with water, and which was only approachable by a draw-bridge. This, in some degree, supplied the defect of the law, and the want of power in the magistrate. It also, during the iron reign of priesthood, furnished that table in lent, which it guarded all the year.

The Britons had a very slender knowledge of fortification. The camps they left us, are chiefly upon eminences, girt by a shallow ditch, bordered with stone, earth, or timber, but never with water. The moat, therefore, was introduced by the Romans; their camps are often in marshes; some wholly, and some in part surrounded by water.

These liquid barriers were begun in England early in the christian æra, they were in the zenith of their glory at the barons wars, in the reign of king John, and continued to be the mode of fortification till the introduction of guns, in the reign of Edward the fourth, which shook their foundation; and the civil wars of Charles the first totally annihilated their use, after an existence of twelve hundred years.

Perhaps few parishes, that have been the ancient habitation of a gentleman, are void of some traces of these fluid bulwarks. That of Birmingham has three; one of these, of a square form, at Warstone, erected by a younger brother of the house of Birmingham, hath already been mentioned; it is fed by a small rivulet from Rotton Park, which crosses the Dudley Road, near the Sand pits.

Another is the Parsonage house, belonging to St. Martin's, formerly situated in the road to Bromsgrove, now Smallbrook street, of a circular figure, and supplied by a neighbouring spring. If we allow this watery circle to be a proof of the great antiquity of the house, it is a much greater with regard to the antiquity of the church.

The third is what we simply denominate the Moat, and was the residence of the ancient lords of Birmingham, situated about sixty yards south of the church, and twenty west of Digbeth; this is also circular, and supplied by a small stream that crosses the road to Bromsgrove, near the first mile stone; it originally ran into the river Rea, near Vaughton's hole, dividing the parishes of Birmingham and Edgbaston all the way, but at the formation of the Moat, was diverted from its course, into which it never returned.

No certain evidence remains to inform us when this liquid work was accomplished: perhaps in the Saxon heptarchy, when there were few or no buildings south of the church. Digbeth seems to have been one of the first streets added to this important school of arts; the upper part of that street must of course have been formed first: but, that the Moat was completed prior to the erection of any buildings between that and Digbeth, is evident, because those buildings stand upon the very soil thrown out in forming the Moat.

The first certain account that we meet with of this guardian circle, is in the reign of Henry the Second, 1154, when Peter de Birmingham, then lord of the see, had a cattle here, and lived in splendor. All the succeeding Lords resided upon the same island, till their cruel expulsion by John Duke of Northumberland in 1537.

The old castle followed its lords, and is buried in the ruins of time. Upon the spot, about forty years ago, rose a house in the modern style, occupied by a manufacturer (John Francis;) in one of the out-buildings is shewn, the apartment where the ancient lords kept their court leet; another out-building which stands to the east, I have already observed, was the work of Edmund Lord Ferrers.

The ditch being filled with water, has nearly the same appearance now as perhaps a thousand years ago, but not altogether the same use. It then served to protect its master, but now, to turn a thread-mill.

PUDDING BROOK.

Near the place where the small rivulet discharges itself into the Moat, another of the same size is carried over it, called Pudding Brook, and proceeds from the town as this advances towards it, producing a curiosity seldom met with; one river running South, and the other North, for half a mile, yet only a path-road of three feet asunder; which surprised Brindley the famous engineer.

THE PRIORY.

The site of this ancient edifice is now the Square; some small remains of the old foundations are yet visible in the cellars, chiefly on the South-east. The out-buildings and pleasure-grounds perhaps occupied the whole North east side of Bull-street, then uninhabited, and only the highway to Wolverhampton; bounded on the North-west by Steelhouse-lane; on the North-east by Newton and John's-street; and on the South-east by Dale-end, which also was no other than the highway to Lichfield--The whole, about fourteen acres.

The building upon this delightful eminence, which at that time commanded the small but beautiful prospect of Bristland-fields, Rowley-hills, Oldbury, Smethewick, Handsworth, Sutton-Coldfield, Erdington, Saltley, the Garrison, and Camp-hill, and which then stood at a distance from the town, though now near its centre; was founded by the house of Birmingham, in the early reigns of the Norman Kings, and called the Hospital of Saint Thomas,--The priest being bound to pray for the souls of the founders every day, to the end of the world.

In 1285, Thomas de Madenhache, Lord of the manor of Aston, gave ten acres of land in his manor. William de Birmingham ten, which I take to be the land where the Priory stood; and Ranulph de Rakeby three acres, in Saltley: About the same time, sundry others gave houses and land in smaller quantities: William de Birmingham gave afterwards twenty-two acres more. The same active spirit seems to have operated in our ancestors, 500 years ago, that does in their descendants at this day: If a new scheme strikes the fancy, it is pursued with vigor.

The religious fervor of that day ran high: It was unfashionable to leave the world, and not remember the Priory. Donations crowded in so fast, that the prohibiting act was forgot; so that in 1311, the brotherhood were prosecuted by the crown, for appropriating lands contrary to the act of mortmain; But these interested priests, like their sagacious brethren, knew as well how to preserve as to gain property; for upon their humble petition to the throne, Edward the Second put a stop to the judicial proceedings, and granted a special pardon.

In 1351, Fouk de Birmingham, and Richard Spencer, jointly gave to the priory one hundred acres of land, part lying in Aston, and part in Birmingham, to maintain another priest, who should celebrate divine service daily at the altar of the Virgin Mary, in the church of the hospital, for the souls of William la Mercer, and his wife. The church is supposed to have stood upon the spot now No. 27, in Bull-street.

In the premises belonging to the Red Bull, No. 83, nearly opposite, have been discovered human bones, which has caused some to suppose it the place of interment for the religious, belonging to the priory, which I rather doubt.

At the dissolution of the abbies, in 1536, the King's visitors valued the annual income at the trifling sum of 8_l_. 8s. 9d.

The patronage continued chiefly in the head of the Birmingham family. Dugdale gives us a list of some of the Priors, who held dominion in this little common wealth, from 1326, 'till the total annihilation, being 210 years.

Robert Marmion, Robert Cappe, Thomas Edmunds, John Frothward, Robert Browne, John Port, William Priestwood, Henry Drayton, John Cheyne, Henry Bradley, Thomas Salpin, Sir Edward Toste, AND Henry Hody.

Thomas Cromwell, Earl of Essex, a man of much honour, more capacity, and yet more spirit, was the instrument with which Henry the Eighth destroyed the abbies; but Henry, like a true politician of the house of Tudor, wisely threw the blame upon the instrument, held it forth to the public in an odious light, and then sacrificed it to appease an angry people.

This destructive measure against the religious houses, originated from royal letchery, and was replete with consequence.

It opened the fountains of learning, at that day confined to the monastry, and the streams diffused themselves through various ranks of men. The revival of letters and of science made a rapid progress: It soon appeared, that the stagnate knowledge of the priest, was abundantly mixed with error; but now, running through the laity, who had no private interest to serve, it became more pure.

It removed great numbers of men, who lay as a dead weight upon the community, and they became useful members of society: When younger sons could no longer find an asylum within the gloomy walls of a convent, they sought a livelihood in trade. Commerce, therefore, was taught to crowd her sails, cross the western ocean, fill the country with riches, and change an idle spirit into that of industry.

By the destruction of religious houses, architecture sustained a temporary wound: They were by far the most magnificent and expensive buildings in the kingdoms, far surpassing those of the nobility; some of these structures are yet habitable, though the major part are gone to decay. But modern architecture hath since out-done the former splendor of the abbey, in use and elegance and sometimes with the profits arising from the abbey lands.

It also shut the door of charity against the impostor, the helpless, and the idle, who had found here their chief supply; and gave rise to one of the best laws ever invented by human wisdom that of each parish supporting its own poor.

By the annihilation of abbots, the church lost its weight in Parliament, and the vote was thrown into the hands of the temporal Lords.

It prevented, in some degree, the extinction of families; for, instead of younger branches becoming the votaries of a monastic life, they became the votaries of hymen: Hence the kingdom was enriched by population. It eased the people of a set of masters, who had for ages ruled them with a rod of iron.

The hands of superstition were also weakened, for the important sciences of astrology, miracle, and divination, supported by the cell, have been losing ground ever since.

It likewise recovered vast tracts of land out of dead hands, and gave an additional vigor to agriculture, unknown to former ages. The monk, who had only a temporary tenancy, could not give a permanant one; therefore, the lands were neglected, and the produce was small: But these lands falling into the hands of the gentry, acquired an hereditary title. It was their interest; to grant leases, for a superior rent; and it was the tenant's interest to give that rent, for the sake of security: Hence the produce of land is become one of the most advantageous branches of British commerce.

Henry, by this seisure, had more property to give away, than any King of England since William the Conqueror, and he generously gave away that which was never his own. It is curious to survey the foundation of some of the principal religions that have taken the lead among men.

Moses founded a religion upon morals and ceremonies, one half of which continues with his people to this day.

Christ founded one upon _love_ and _purity_; words of the simplest import, yet we sometimes mistake their meaning.

The Bishop of Rome erected his, upon deceit and oppression; hence the treasures of knowledge were locked up, an inundation of riches and power flowed into the church, with destructive tendency.

And Henry the Eighth, built his reformation upon revenge and plunder: He deprived the _head_ of the Romish see, of an unjust power, for pronouncing a just decision; and robbed the _members_, for being annexed to that head. Henry wished the world to believe, what he believed himself, that he acted from a religious principle; but his motive seems to have been _savage love_.

Had equity directed when Henry divided this vast property, he would have restored it to the descendants of those persons, whose mistaken zeal had injured their families; but his disposal of it was ludicrous--sometimes he made a free gift, at others he exchanged a better estate for a a worse, and then gave that worse to another.

I have met with a little anecdote which says, "That Henry being upon a tour in Devonshire, two men waited on him to beg certain lands in that county; while they attended in the anti-room for the royal presence, a stranger approached, and asked them a trifling question; they answered, they wished to be alone--at that moment the King entered: They fell at his feet: The stranger seeing them kneel, kneelt with them. They asked the favor intended; the King readily granted it: They bowed: The stranger bowed also. By this time, the stranger perceiving there was a valuable prize in the question, claimed his thirds; they denied his having anything to do with the matter: He answered, he had done as much as they, for they only asked and bowed, and he did the same. The dispute grew warm, and both parties agreed to appeal to the King, who answered, He took them for joint beggars, therefore had made them a joint present. They were then obliged to divide the land with the stranger, whose share amounted to 240_l_. per annum."

The land formerly used for the priory of Birmingham, is now the property of many persons. Upon that spot, whereon stood one solitary house, now stand about four hundred. Upon that ground, where about thirty persons lived upon the industry of others, about three thousand live upon their own: The place, which lay as a heavy burden upon the community, now tends to enrich it, by adding its mite to the national commerce, and the national treasury.

In 1775, I took down an old house of wood and plaister, which had stood 208 years, having been erected in 1567, thirty-one years after the dissolution of abbies. The foundation of this old house seemed to have been built chiefly with stones from the priory; perhaps more than twenty wagon loads: These appeared in a variety of forms and sizes, highly finished in the gothic taste, parts of porticos, arches, windows, ceilings, etc. some fluted, some cyphered, and otherwise ornamented, yet complete as in the first day they were left by the chizel. The greatest, part of them were destroyed by the workmen: Some others I used again in the fireplace of an under kitchen. Perhaps they are the only perfect fragments that remain of that venerable edifice, which once stood the monument of ancient piety, the ornament of the town, and the envy of the priest out of place.

JOHN A DEAN'S HOLE.

At the bottom of Digbeth, about thirty yards North of the bridge, on the left, is a water-course that takes in a small drain from Digbeth, but more from the adjacent meadows, and which divides the parishes of Aston and Birmingham, called John a Dean's Hole; from a person of that name who is said to have lost his life there, and which, I think, is the only name of antiquity among us.

The particle _de_, between the christian and surname, is of French extraction, and came over with William the First: It continued tolerably pure for about three centuries, when it in some degree assumed an English garb, in the particle _of_: The _a_, therefore is only a corruption of the latter. Hence the time of this unhappy man's misfortune may be fixed about the reign of Edward the Third.

LENCH'S TRUST.

In the reign of Henry the Eighth, William Lench, a native of this place, bequeathed his estate for the purpose of erecting alms houses, which are those at the bottom of Steelhouse-lane, for the benefit of poor widows, but chiefly for repairing the streets of Birmingham. Afterwards others granted smaller donations for the same use, but all were included under the name of Lench; and I believe did not unitedly amount, at that time, to fifteen pounds per annum.

Over this scattered inheritance was erected a trust, consisting of gentlemen in the neighborhood of Birmingham.

All human affairs tend to confusion: The hand of care is ever necessary to keep order. The gentlemen, therefore at the head of this charity, having too many modes of pleasure of their own, to pay attention to this little jurisdiction, disorder crept in apace; some of the lands were lost for want of inspection; the rents ran in arrear, and were never recovered; the streets were neglected, and the people complained.

Misconduct, particularly of a public nature, silently grows for years, and sometimes for ages, 'till it becomes too bulky for support, falls in pieces by its own weight, and out of its very destruction rises a remedy. An order, therefore, from the Court of Chancery was obtained, for vesting the property in other hands, consisting of twenty persons, all of Birmingham, who have directed this valuable estate, now 227_l_. 5s. per annum, to useful purposes. The man who can guide his own private concerns with success, stands the fairest chance of guiding those of the public.

If the former trust went widely astray, perhaps their successors have not exactly kept the line, by advancing the leases to a rack rent: It is worth considering, whether the tenant of an expiring lease, hath not in equity, a kind of reversionary right, which ought to favour him with the refusal of another term, at one third under the value, in houses, and one fourth in land; this would give stability to the title, secure the rents, and cause the lessee more chearfully to improve the premises, which in time would enhance their value, both with regard to property and esteem.