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An History of Birmingham (1783)

GOVERNMENT.

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Have you, my dear reader, seen a sword hilt, of curious, and of Birmingham manufactory, covered with spangles of various sizes, every one of which carries a separate lustre, but, when united, has a dazzling effect? Or, have you seen a ring, from the same origin, set with diamonds of many dimensions, the least of which, sparkles with amazing beauty, but, when beheld in cluster, surprize the beholder? Or, have you, in a frosty evening, seen the heavens bespangled with refulgent splendor, each stud shining with intrinsic excellence, but, viewed in the aggregate, reflect honour upon the maker, and enliven the hemisphere? Such is the British government. Such is that excellent system of polity, which shines, the envy of the stranger, and the protector of the native.

Every city, town and village in the English hemisphere, hath a separate jurisdiction of its own, and may justly be deemed a stud in the grand lustre.

Though the British Constitution is as far from perfection, as the glory of the ring and the hilt is from that of the sun which causes it, or the stars from the day; yet perhaps it stands higher in the scale of excellence, than that of its neighbours. We may, with propriety, allow that body to shine with splendor, which hath been polishing for seventeen hundred years. Much honour is due to the patriotic merit which advanced it to its present eminence.

Though Birmingham is but one sparkle of the brilliant clustre, yet she is a sparkle of the first water, and of the first magnitude.

The more perfect any system of government, the happier the people. A wise government will punish for the commission of crimes, but a wiser will endeavour to prevent them. Man is an active animal: If he is not employed in some useful pursuit, he will employ himself in mischief. Example is also prevalent: If one man falls into error, he often draws another. Though heaven, for wise purposes, suffers a people to fulfil the measure of their iniquities, a prudent state will nip them in the bud.

It is easy to point out some places, only one third the magnitude of Birmingham, whose frequent breaches of the law, and quarrels among themselves, find employment for half a dozen magistrates, and four times that number of constables; whilst the business of this, was for many years conducted by a single Justice, the late John Wyrley, Esq. If the reader should think I am mistaken and object, that parish affairs cannot be conducted without a second? Let me reply, He conducted that second also.

As human nature is nearly the same, whether in or out of Birmingham; and as enormities seem more prevalent out than in, we may reasonably ascribe the cause to the extraordinary industry of the inhabitants, not allowing time to brood over, and bring forth mischief, equal to places of inferior diligence.

We have at present two acting magistrates to hold the beam of justice, the Rev. Benjamin Spencer, and Joseph Carles, Esq; who both reside at a distance.

Many of our corporate towns received their charters from that amiable, but unfortunate prince, Henry the Second. These were the first dawnings of British liberty, after fixing the Norman yoke. They were afterwards ratified and improved by the subsequent Kings of England; granting not only the manors, but many exclusive privileges. But at this day, those places which were so remarkably favoured with the smiles of royalty, are not quite so free as those that were not. The prosperity of this happy place proves the assertion, of which every man is free the moment he enters.

We often behold a pompous corporation, which sounds well in history, over something like a dirty village--This is a head without a body. The very reverse is our case--We are a body without a head. For though Birmingham has undergone an amazing alteration in extension, riches and population, yet the government is nearly the same as the Saxons left it. This part of my important history therefore must suffer an eclipse: This illustrious chapter, that rose in dazling brightness, must be veiled in the thick clouds of obscurity: I shall figure with my corporation in a despicable light. I am not able to bring upon the stage, a mayor and a group of aldermen, dressed in antique scarlet, bordered with fur, drawing a train of attendants; the meanest of which, even the pinder, is badged with silver: Nor treat my guest with a band of music, in scarlet cloaks with broad laces. I can grace the hand of my Birmingham fidler with only a rusty instrument, and his back with barely a whole coat; neither have I a mace for the inaugeration of the chief magistrate. The reader, therefore, must either quit the place, or be satisfied with such entertainment as the company affords.

The officers, who are annually chosen, to direct in this prosperous feat of fortune, are

An High Bailiff. Two High Tasters.

Low Bailiff. Two Low Tasters.

Two Constables. Two Asseirers. And

Headborough. Two Leather Sealers.

All which, the constables excepted, are no more than servants to the lord of the manor; and whose duty extends no farther, than to the preservation of the manorial rights.

The high bailiff is to inspect the market, and see that justice takes place between buyer and seller; to rectify the weights and dry measures used in the manor.

The low bailiff summons a jury, who choose all the other officers, and generally with prudence. But the most important part of his office is, to treat his friends at the expence of about Seventy Pounds.

The headborough is only an assistant to the constables, chiefly in time of absence.

High tasters examine the goodness of beer, and its measure.

Low tasters inspect the meat exposed to sale, and cause that to be destroyed which is unfit for use.

Asseirers ratify the chief rent and amercements, between the lord and the inhabitant. And the

Leather sealers, stamped a public seal upon the hides, when Birmingham was a market for leather.

These manorial servants, instituted by ancient charter, chiefly possess a name, without an office. Thus order seems assisted by industry, and thus a numerous body of inhabitants are governed without a governor.

Exclusive of the choice of officers, the jury impannelled by the low bailiff, have the presentation of all encroachments upon the lord's waste, which has long been neglected.

The duties of office are little known, except that of taking a generous dinner, which is punctually observed. It is too early to begin business till the table is well stored with bottles, and too late afterwards.

During the existence of the house of Birmingham, the court-leet was held at the Moat, in what we should now think a large and shabby room, conducted under the eye of the low bailiff, at the expence of the lord.

The jury, twice a year, were witnesses, that the famous dish of roast beef, ancient as the family who gave it, demanded the head of the table. The court was afterwards held at the Leather-hall, and the expence, which was trifling, borne by the bailiff. Time, prosperity, and emulation, are able to effect considerable changes. The jury, in the beginning of the present century, were impannelled in the Old Cross, then newly erected, from whence they adjourned to the house of the bailiff, and were feasted at the growing charge of two or three pounds.

This practice continued till about the year 1735, when the company, grown too bulky for a private house, assembled at a tavern, and the bailiff enjoyed the singular privilege of consuming ten pounds upon his guests.

It is easier to advance in expences than to retreat. In 1760, they had increased to forty pounds, and in the next edition of this work, we may expect to see the word hundred.

The lord was anciently founder of the feast, and treated his bailiff; but now that custom is inverted, and the bailiff treats his lord.

The proclamation of our two fairs, is performed by the high bailiff, in the name of the Lord of the Manor; this was done a century ago, without the least expence. The strength of his liquor, a silver tankard, and the pride of shewing it, perhaps induced him, in process of time, to treat his attendants.

His ale, without a miracle, was, in a few years, converted into wine, and that of various sorts; to which was added, a small collation; and now his friends are complimented with a card, to meet him at the Hotel, where he incurs an expence of twenty pounds.

While the spirit of the people refines by intercourse, industry, and the singular jurisdiction among us, this insignificant pimple, on our head of government, swells into a wen.

Habits approved are soon acquired: a third entertainment has, of late years, sprung up, termed the constables feast, with this difference, it is charged to the public. We may consider it a wart on the political body, which merits the caustic.

Deritend, being a hamlet of Birmingham, sends her inhabitants to the court-leet, where they perform suit and service, and where her constable is chosen by the same jury.

I shall here exhibit a defective list of our principal officers during the last century. If it should be objected, that a petty constable is too insignificant, being the lowest officer of the crown, for admission into history; I answer, by whatever appellation an officer is accepted, he cannot be insignificant who stands at the head of 50,000 people. Perhaps, therefore, the office of constable may be sought for in future, and the officer himself assume a superior consequence.

The dates are the years in which they were chosen, fixed by charter, within thirty days after Michaelmas.

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