Chapter 8

1732 Thomas Wilson John Webster Joseph Bradnock John Wilson 1733 John Webster Joseph Kettle Thomas Nickin James Baker 1734 John Wickins Thomas Lakin [2]Joseph Scott, esq; James Taylor 1735 Joseph Marston John Russell John Webster Thomas Ashfield 1736 Joseph Bradnock Robert Moore Thomas Wickins Joseph Fullelove 1737 James Baker Isaac Ingram John Kettle Richard Porter 1738 Joseph Smith William Mason William Hunt Henry Hun 1739 Thomas Wickens William Harvey Edward Burton John England 1740 Simon Harris Thomas Russel Joseph Richards T. Honeyborn 1741 Daniel Gill George Abney Thomas Turner John Bedford 1742 1743 Josiah Jefferys William Kettle John Russel Thomas 1744 George Davies J. Humphrys, Jr. William Mason William Ward 1745 Edward Burton Robert Moore Joseph Wollaston John Turner 1746 1747 Thomas Ashwell J. Taylor, esq; Joseph Walker Josiah Hunt 1748 Thomas Wickens John Roe Robert Moore John Horton 1749 Joseph Fullelove Richard Brett Henry Hunt Joseph Ruston 1750 Thomas Lakin Joseph Smith John Gill Luke Bell 1751 Thomas Turner Benj. Mansell John Walters W. Walsingham 1752 James Baker John Taylor Price Thomas Joseph Thomas 1753 E. Jordan, esq; Samuel Harvey Samuel Birch Samuel Richards 1754 Thomas Cottrell Joseph Richards John Bellears John Camden 1755 Joseph Walker John Wells[3] Stephen Colmore John Powell 1756 John Bellears J. Kettle, esq; Ambrose Foxall John Gray 1757 William Patteson Joseph Webster J. Darbyshire Richard Brett 1758 James Horton T. Lawrence Thomas Richards Sam. Pemberton 1759 John Walker Thomas Abney G. Spilsbury Edward Weston 1760 John Turner Abel Humphrys Richard Dingley Web Marriott 1761 John Baskerville Stephen Bedford Michael Lakin Nehemiah Bague 1762 Joseph Thomas James Jackson George Birch John Green 1763 John Gold John Lee William Parks John Daws 1764 Richard Hicks J. Ryland S. Bradburn, esq; Geo. Anderton 1765 Thomas Vallant Sam. Richards Ed. H. Noble Elias Wallin 1766 John Lane Henry Venour John Lane Joseph Adams 1767 John Horn Jo. Wilkinson Richard Rabone Thomas Care 1768 Gregory Hicks W. Russell, esq; Thomas Bingham John Moody 1769 James Male Samuel Ray Thomas Gisborne William Mansell 1770 Joshua Glover Thomas Russell T. Lutwyche Thomas Barker 1771 John Harris J. Hornblower Thomas Cooper Walter Salt 1772 William Holden Jos. Tyndall R. Anderton T. Hunt 1773 Thomas Westley John Richards Ob. Bellamy John Smart 1774 John Ward John Francis W. Hodgkins Thomas Wight 1775 Thomas Hurd John Taylor, esq; John Startin T. Everton 1776 E.W. Patteson Josiah Rogers Thomas Corden Joseph Wright 1777 Ed. Thomason S. Pemberton Joseph Jukes Joseph Sheldon 1778 Joseph Green William Hunt Thomas Wright John Allen[4] 1779 T. Faulconbridge W. Humphrys John Guest Jonathan Wigley 1780 Daniel Winwood William Scott William Thomas John Bird 1781 William Hicks W. Taylor, esq; John Dallaway Richard Porter 1782 Thomas Carless G. Humphrys John Holmes Thomas Barrs

[Footnote 2: Joseph Scott, Esq; not choosing the official part, procured a substitute to perform it, in the person of the late Constable James Baker.]

[Footnote 3: in office, Benjamin Mansell was chosen in his stead.]

[Footnote 4: was charged with a fine of 25_l_. by the lady of the manor, and John Miles chosen in his stead.]

* * * * *

Three of the Inhabitants have, since I knew the place, served the Office of SHERIFF for the County, viz.

John Taylor, Esquire, in - - - - 1756. Edward Jordan, Esquire, in - - - 1757. And Isaac Spooner, Esquire, in - 1763.

COURT OF REQUESTS.

Law is the very basis of civil society, without it man would quickly return to his original rudeness; the result would be, robbery and blood:--and even laws themselves are of little moment, without a due execution of them--there is a necessity to annex punishment.

But there is no necessity to punish the living, who are innocent, by hanging the dead bodies of criminals in the air. This indecent and inhuman custom, which originated from the days of barbarism, reflects an indelible disgrace upon a civilized age. The intention, no doubt, was laudable; to prevent the commission of crimes, but does it answer that intention?

In 1759, two brothers, of the name of Darby, were hung in chains near Hales-Owen, since which time there has been only one murder committed in the whole neighbourhood, and that under the very gibbet upon which they hung[5].

[Footnote 5: Joseph Skidmore, a carrier of Stourbridge, having Ann Mansfield, a young woman of Birmingham, under his care, ravished and murdered her in the evening of December 10, 1774.]

Justice, however, points out a way wherein the dead body, by conveying chirurgical knowledge, may be serviceable to the living.

Laws generally tend, either directly, or remotely, to the protection of property.

All wise legislators have endeavoured to proportion the punishment to the crime, but never to exceed it: a well conducted state holds forth a scale of punishments for transgressions of every dimension, beginning with the simple reprimand, and proceeding downwards even to death itself.

It will be granted, that the line of equity ought to be drawn with critical exactness.

If by fair trade, persuasion, or finesse, I get the property of another into my hands, even to the trifling value of a shilling, my effects ought to be responsible for that sum.

If I possess no effects, he certainly retains a right of punishing to that amount: for if we do not lay this line in the boundaries of strict justice, it will not lie upon any other ground. And if I am allowed fraud in one shilling, I am allowed it in a greater sum. How far punishment may be softened by concurring circumstances, is another question.

It therefore follows of course, that if my creditor has a right to recover his unfortunate property, those laws are the nearest to perfection, that will enable him to recover it with the most expedition, and the least expence and trouble to us both.

If the charge of recovery is likely to exceed the debt, he will be apt to desist, I to laugh at him, and to try my skill at a second enterprize.

Trade and credit cannot be well separated; they are as closely connected as the wax and the paper. The laws of credit, therefore, ought to rest upon a permanent foundation: neither is law necessary to restrain credit; for if, in a commercial state, it becomes detrimental by its over growth, it finds itself a remedy.

Much has been said, and perhaps more than has been thought, concerning the court before us. The loser is expected to complain, and his friends to give him a partial hearing; and though he breathes _vengeance_ against his antagonist, it ends in a _breath_.

The looker-on can easily spy an error in the actor. If a fault is committed, we are glad it was done by another; besides, it is no new thing for the _outs_ to complain of the _ins_. It will plead strongly in excuse, to say, the intention was right, if the judgment was wrong. If perfection is required, she does not reside upon earth.

But if these pleadings are not found a balance against prejudice, and a man suffers his wrath to kindle against a valuable institution, because perfection does not preside over it, let him peruse an old author, who asks, "What shall we think of the folly of that man, who throws away the apple, because it contains a core? despises the nut, for the shell? or casts the diamond into the sea, because it has a flaw?"

Decision is usually established upon oath, both in criminal courts, and in those at Westminster, through which the oath is seen to pass with free currency.

A judge is sometimes fond of sheltering himself behind an oath; it may be had at an easy rate. Each of the contending parties wishes to win his cause by an oath: but though oaths would be willingly taken, they ought to be sparingly given.--They may be considered what they generally are not, _of the last importance_.

We may observe, that two opponents are ready to swear directly contrary to each other; that if a man asserts a thing, he can do no less than swear it; and that, after all, an oath proves nothing.

The commissioners, therefore, wish rather to establish _fact_ upon _proof_; but, if this is wanting, then upon circumstantial evidence; and if this support fails, they chuse to finish a quarrel by a moderate, though a random judgment.

Much honor is due to that judicial luminary, William Murray, Earl of Mansfield, who presides over the King's-Bench, for introducing equity into the courts of law, where she had long been a stranger.

The Court of Requests may justly be charged with weakness, and what court may not? It is inseparable from man.

A person cannot chuse his capacity, but he may chuse to be a rogue; one is an act of nature, the other of the will. The greater the temptation to go astray, the greater must be the resolution to conquer it.

One of the suitors presented a commissioner with a couple of chickens, as a powerful argument to strengthen a feeble case; but the commissioner returned his present, and the plaintiff lost his cause; and no wonder, he sent a chicken to plead it.

The defendant, by disobeying the orders of the court, falls under the power of the plaintiff, who can cause execution to issue against his goods, and reimburse himself; or, against his body, and confine him forty days, unless paid his demand.

There is no cause that can be brought before the Court of Requests, but may be brought before a higher court, and at a higher expence.

A cause passes through this court for seventeen-pence; and cannot well, by chicanery or neglect, amount to more than two shillings and nine-pence: So that ruin is not one of its imperfections.

Though law is said to produce quarrels among friends, yet the contending parties often go out of that court better friends than when they came in.

It has been objected, that the publicans give credit to the lower class, in expectation of relief from the court. But the debtor is equally apprized of the remedy, and often drinks deeper, in expectation of a mild sentence from the commissioners; besides, is not all credit founded on the laws of recovery?

It has also been urged, that while punishment pursues the debtor, for neglect of orders, his family falls upon the community.

But the community would not wish to put a bar between a man and his property--The precedent would be dangerous: Justice is no respector of persons. A culprit will soon procure a family, if they are able to plead his excuse: It would follow, that single men only would be obliged to be honest. She does not save the criminal, because he is an handsome man. If she did, beauty would increase in value; but honesty, seldom be its companion.

But can accusation lie against a fair tribunal of rectitude? The man does not exist that can quarrel with equity, and treat her as the offspring of fraud---The most amiable character in the creation, and the immediate representative of supreme excellence. She will be revered, even by the sons of plunder!

Many of the causes that pass this court, are of a disputable nature, and if not terminated there, would take a different turn.

From distant views of relief here, even sickness herself finds credit in the day of distress.

The use of the court is also favourable to trade, for, to oblige a man to pay his debts, is to oblige him to labour, which improves the manufactures.

Birmingham, in no period of her existence, has increased with such rapidity, in people, buildings and commerce, as since the erection of that court; so that depopulation is not one of its inconveniencies.

From a consideration of the prodigious intercourse subsisting in so vast a body of people, and the credit consequent thereon, it was wisely judged necessary to establish an easy, and expeditious method of ending dispute, and securing property.

The inhabitants of Birmingham, therefore, in 1752, procured an act for the recovery of debts under Forty Shillings; constituting seventy-two commissioners, three to be a quorum. They sit for the dispatch of business in the chamber over the Old Cross every Friday morning, and there usually appear before them between eighty and one hundred causes: Their determinations are final. Two clerks also, constituted by the act, attend the court to give judicial assistance; are always of the law, chosen alternately by the lord of the manor, and the commissioners, and to continue for life. Once in every two years, ten of the commissioners are ballotted out, and ten others of the inhabitants chosen in their stead.

LAMP ACT.

Order, is preserved by industry. In 1769 an act was obtained, and in 1773 an amendment of the act, for lighting and cleaning the streets of Birmingham, and for removing obstructions that were prejudicial to the health or convenience of the inhabitants.

These acts were committed to the care of about seventy-six irresolute commissioners, with farther powers of preventing encroachments upon public ground; for it was justly observed, that robbery was a work of darkness, therefore to introduce light would, in some measure, protect property. That in a town like Birmingham, full of commerce and inhabitants, where necessity leads to continual action, no part of the twenty four hours ought to be dark. That, to avoid darkness, is sometimes to avoid insult; and that by the light of 700 lamps, many unfortunate accidents would be prevented.

It was also observed, that in a course of time, the buildings in some of the ancient streets had encroached upon the path, four or five feet on each side; which caused an irregular line, and made those streets eight or ten feet narrower, that are now used by 50,000 people, than they were, when used only by a tenth part of that number; and, that their confined width rendered the passage dangerous to children, women, and feeble age, particularly on the market day and Saturday evening.

That if former encroachments could not be recovered, future ought to be prevented.

And farther, that necessity pleads for a wider street now, than heretofore, not only because the inhabitants, being more numerous, require more room, but the buildings being more elevated, obstruct the light, the sun, and the air, which obstructions tend to sickness and inconveniency.

Narrow streets with modern buildings are generally dirty, for want of these natural helps; as Digbeth, St. Martin's-lane, Swan-alley, Carr's-lane, &c. The narrower the street, the less it can be influenced by the sun and the wind, consequently, the more the dirt will abound; and by experimental observations upon stagnate water in the street, it is found extremely prejudicial to health. And also, the larger the number of people, the more necessity to watch over their interest with a guardian eye.

It may farther be remarked, that an act of parliament ought to distribute justice with an impartial hand, in which case, content and obedience may reasonably be expected. But the acts before us carry a manifest partiality, one man claims a right to an encroachment into the street, of three or four feet, whilst another is restricted to twelve inches.

This inactive body of seventy-six, who wisely argue against the annihilation of one evil, because another will remain; had also powers to borrow a thousand pounds, to purchase and remove some obstructive buildings; and to defray the expence by a rate on the inhabitants, which, after deducting about one hundred and twenty pounds per ann. for deficiencies, amounted in

1774, to 912_l_. 1775, -- 902_l_. 1776, -- 947_l_. 1777, -- 965_l_. 1778, -- 1,012_l_. 1779, -- 1,022_l_. 1780, -- 1,021_l_.

Though the town was averse to the measure, as an innovation, they quickly saw its utility, and seemed to wish a more vigorous exertion of the commissioners; but numbers sometimes procrastinate design. If it is difficult to find five men of one mind, it is more difficult to find a superior number. That business which would run currently through the hands of five, stagnates at fifteen, the number required.

It is curious to observe a body of commissioners, every one of whom conducts his own private affairs with propriety and success, attack a question by the hour, which is as plain as the simplest proposition in the mathematicks, when not being able to reduce it, and their ammunition spent, leave the matter undetermined, and retreat in silence.

In works of manual operation a large number may be necessary, but in works of direction a small one facilitates dispatch.

Birmingham, a capacious field, by long neglect is over-grown with encroaching weeds. The gentle commissioners, appointed to reduce them, behold it an arduous work, are divided in opinion, and some withdraw the hand from the plough; certainly, _the harvest is great, and the labourers are few_. The manorial powers, which alone could preserve order, have slept for ages. Regularity has been long extinct. The desire of trespass is so prevalent, that I have been tempted to question; if it were not for the powers of the lamp act, feeble as they are, whether the many-headed-public, ever watchful of prey, would not in another century, devour whole streets, and totally prevent the passenger. Thus a supine jurisdiction abounds with _street-robbers_.

There are cases where the line of the street should inviolably be preserved, as in a common range of houses; therefore all projections above a given dimension infringe this rule.

There are other cases where taste would direct this line to be broken, as in buildings of singular size and construction, which should be viewed in recess. Those of a public nature generally come under this description, as the free-school, and the hotel, which ought to have fallen two or three yards back. What pity, that so noble an edifice as the theatre in New-street, should lose any of its beauty, by the prominence of its situation!

As Birmingham abounds with new streets, that were once private property, it is a question often discussed, In what point of time the land appropriated for such streets, ceases to be private? But as this question was never determined, and as it naturally rises before me, and is of importance, suffer me to examine it.

When building leases are granted, if the road be narrow, as was lately the case at the West end of New-street, the proprietor engages to give a certain portion of land to widen it. From that moment, therefore, it falls to the lot of the public, and is under the controul of the commissioners, as guardians of public property. I allow, if within memory, the grantor and the lessees should agree to cancel the leases, which is just as likely to happen as the powers of attraction to cease, and the moon to descend from the heavens; in this case, the land reverts again to its original proprietor.

Though the streets of Birmingham have for many ages been exposed to the hand of the encroacher, yet, by a little care, and less expence, they might in about one century be reduced to a considerable degree of use and beauty. In what light then shall we be viewed by the future eye, if we neglect the interest of posterity?

RELIGION AND POLITICS.

Although these two threads, like the warp and the woof, are very distinct things; yet, like them, they are usually woven together. Each possesses a strength of its own, but when united, have often become extremely powerful, as in the case of Henry the Third and the clergy. This union, at times, subsisted from a very early date.

Power is the idol of man; we not only wish to acquire it, but also to increase and preserve it. If the magistrate has been too weak to execute his designs, he has backed his schemes with the aid of the church; this occurred with King Stephen and the Bishops.

Likewise, if a churchman finds his power ascendant in the human mind, he still wishes an addition to that power, by uniting another. Thus the Bishop of Rome, being master of the spiritual chair, stept also into the temporal.

Sometimes the ecclesiastical and civil governors appear in malign aspect, or in modern phrase, like a quarrel between the squire and the rector, which is seldom detrimental to the people. This was the case with Henry the Eighth and the church.

The curses of a priest hath sometimes brought a people into obedience to the King, when he was not able to bring them himself. One could not refrain from smiling, to hear a Bishop curse the people for obeying their Sovereign, and in a few months after, curse them again if they did not; which happened in the reign of King John. But, happy for the world, that these retail dealers in the wrath of heaven are become extinct, and the market is over.

Birmingham, in those remote periods of time, does not seem to have attended so much to religious and political dispute, as to the course music of her hammer. Peace seems to have been her characteristic--She paid obedience to that Prince had the good fortune to possess the throne, and regularly paid divine honours in St. Martin's, because there was no other church. Thus, through the long ages of Saxon, Danish, and Norman government, we hear of no noise but that of the anvil, till the reign of Henry the Third, when her Lord joined the Barons against the Crown, and drew after him some of his mechanics, to exercise the very arms they had been taught to make; and where, at the battle of Evesham, he staked his life and his fortune, and lost both.

Things quickly returning into their former channel, she stood a silent spectator during that dreadful contest between the two roses, pursuing the tenor of still life till the civil wars of Charles I. when she took part with the Parliament, some of whose troops were stationed here, particularly at the Garrison and Camp-hill; the names of both originating in that circumstance.

Prince Rupert, as hinted before, approaching Birmingham in 1643 with a superior power, forced the lines, and as a punishment set fire to the town. His vengeance burned fiercely in Bull-street, and the affrighted inhabitants quenched the flames with a heavy fine.

In 1660, she joined the wish of the kingdom, in the restoration of the Stuart family. About this time, many of the curious manufactures began to blossom in this prosperous garden of the arts.

In 1688, when the nation chose to expel a race of Kings, though replete with good nature, because they had forgot the limits of justice; our peaceable sons of art, wisely considering, that oppression and commerce, like oil and water, could never unite, smiled with the rest of the kingdom at the landing of the Prince of Orange, and exerted their little assistance towards effecting the Revolution, notwithstanding the lessons of _divine right_ had been taught near ninety years.

In the reign of Queen Anne, when that flaming luminary, Dr. Sacheverel, set half the kingdom in blaze, the inhabitants of this region of industry caught the spark of the day, and grew warm for the church--They had always been inured to _fire_, but now we behold them between _two_.