Part 19

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

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.