CHAPTER V.

THE PADDINGTON ESTATE.

THE policy which has raised the manor and rectory of Paddington to its

present value {72}—three-quarters of a million sterling; which has

effectually transferred, (so far as private Acts of Parliament can

transfer,) two-thirds of the interest of this “small estate” into private

hands; and which at the same time has kindly permitted the rate-payers of

Paddington to saddle themselves with almost the entire “costs and

charges” of those duties for which the whole of this estate was

originally designed, may be said to have had some show of a _legalised_

beginning exactly a century ago.

In 1753, Thomas (Sherlock), then bishop of London, and Sir John

Frederick, then lessee of the manor, were parties to an agreement with

the parishioners of Paddington; and procured for them, or assisted in

procuring, “An Act for enlarging the church-yard of the parish of

Paddington, in the county of Middlesex;” which ratified that agreement.

It had been agreed, and was now enacted, that “a certain piece or parcel

of ground, adjoining to the east side of the said church-yard, containing

from east to west, on the north side thereof, ninety-six feet of assize;

and from north to south, on the east side thereof, one hundred and eighty

four-feet of assize; and from east to west, on the south side thereof,

one hundred and twenty-one feet of assize; and from north to south, on

the west side thereof, one hundred and thirty-two feet of assize” should

“be annexed to the present cemetery or church-yard of the said parish of

Paddington,” for ever: The churchwardens, or one of them, paying, after

the twenty-fourth of June, 1753, during the continuance of Sir John

Frederick’s lease, “unto the said Thomas, Lord Bishop of London, and his

successors, or to his or their proper officer or agent for the time

being, the annual rent or yearly sum of forty shillings of lawful money

of Great Britain, at or on the feast-day of St. John the Baptist, in

every year, during the continuance of the said lease; and also to the

said Sir John Frederick, his heirs or assigns, the annual rent or yearly

sum of ten pounds of lawful money of Great Britain, at or on the

feast-day of Saint John the Baptist, in every year during the continuance

of the same lease; and from and after the expiration of the said lease,

to the said Thomas, Lord Bishop of London, and his successors, and his

and their grantees, the annual rent or yearly sum of twelve pounds of

lawful money of Great Britain, at or on the feast-day of Saint John the

Baptist in every year for ever:” the rent and all arrears being made

recoverable by action at law with full costs of suit. {73}

For defraying the expenses of this Act and enclosing the said ground, the

inhabitants were permitted to borrow a sum not exceeding two hundred and

fifty pounds at four per cent. interest.

Sir John Frederick died in 1755, having made a will, dated twenty-seventh

of February, 1734, in which he leaves his estate to his sons “in tail

male, remainder to the heirs male of the testator’s own body, remainder

to his own right heirs;” and added a codicil, dated April tenth, 1742, in

which he notices that, since the making his said will, he had purchased

the site and capital messuage of the manor of Paddington, held by lease

for three lives from the Bishop of London, and “he thereby gave and

demised the same to the trustees, in his said will, their heirs and

assigns, during the lives of Judith Jodrell, John Affleck, and John

Crozier the younger, in the said lease named, and for the life of the

longest liver of them, upon trust, out of the rents and profits, to pay

the rent reserved by the said lease, and perform the lessees’ covenants

therein, and to renew the said lease as occasion should require, and

raise the fines and charges for such renewals, and subject thereto,

should stand seized of the said leasehold premises, in trust for such and

the same person and persons as should, from time to time, be entitled to

his freehold land of inheritance, by virtue of his said will or codicils

so far as the nature of the said leasehold premises would admit, and by

the rules of law and equity they might.”

His eldest son, Sir John Frederick, held and enjoyed the same during his

life; and, as he died intestate and without issue, in the month of March,

1757, it came to his second son, Sir Thomas Frederick, who had two

daughters.

In 1763, the third year of George the third, Richard, (Osbaldeston), then

Bishop of London, and Sir Thomas Frederick, then lessee of the manor,

agreed to “An Act for vesting certain parcels of land in Paddington, in

the county of Middlesex, in the Rector and Churchwardens of the parish of

Saint George, Hanover-square, in the said county, and appropriating the

same for a burial-ground for the said parish;” by which “five acres or

thereabouts, lying at the west-end of the field called Tyburn Field,” and

a piece of waste, lying between the highway leading from London to

Uxbridge, and the said field, were settled upon and vested in the rectors

and churchwardens of the said parish, for ever. These lands being

“discharged from the uses in Sir John Frederick’s will, and annexed to

the parish of St. George, Hanover-square;” and the life estate or

interest in the said five acres of ground having been purchased of Sir

Thomas Frederick, the churchwardens agreed, and were bound, to pay, after

the decease of Sir Thomas, fifteen pounds per annum to the person or

persons who shall be entitled to the site of the manor of Paddington, and

the rest of the said leasehold premises under and by virtue of the will

and codicils of the said Sir John Frederick, “during the present or any

subsequent lease to be granted thereof;” and to “the Bishop of London,

and his successors, during the time that the said site of the said manor,

and the rest of the said leasehold premises, shall remain in the proper

hands and possession of the said bishop, or his successors, and not in

lease, to or for the benefit of any person or persons, claiming or to

claim under or by virtue of the will and codicils of the said Sir John

Frederick, the clear yearly sum of twenty-five pounds;” and to “the

churchwardens for the time being of the said Parish of Paddington, for

ever, the clear yearly sum of forty-shillings, in lieu of all parochial

rates, taxes, and assessments which may, or otherwise might, be due and

payable to the said parish of Paddington for or in respect of the said

intended burial-ground, or the lands therein to be contained.” Actions

are given to the several parties for non-payment of these sums; the

churchwardens are to be allowed such payments; and the rector to have the

burial-fees.

In 1795, a private Act of Parliament, the 35th Geo. III, cap. 83,

entitled “An Act for enabling the Lord Bishop of London to grant a lease

with powers of renewal of lands in the parish of Paddington, in the

county of Middlesex; for the purpose of building upon,” received the

sanction of the legislature.

We are informed by the preamble of this Act, which occupies thirty-two

Act of Parliament pages, and recites wholly or in part fifteen

indentures; {75a} that on the fourth of May, 1768, the manor and rectory

were leased to Gascoigne Frederick, his heirs and assigns, for three

lives, and that in consideration of the surrender of this lease, “as also

for divers other good causes and valuable considerations him thereunto

specially moving,” the “Right honourable and Reverend Father-in-God,

Richard, {75b} by Divine permission, then Lord Bishop of London,” granted

unto the aforesaid Gascoigne Frederick, of the Inner Temple, a new lease,

for three lives, bearing date the fourteenth of August, 1776.

We are further informed, that this Gascoigne Frederick died intestate,

leaving Mary Frederick, Elizabeth Snell, and Susannah Frederick, all of

Bampton, in the county of Oxford, his only surviving sisters and co-heirs

at law. We are also informed, that in this lease of the fourteenth of

August, 1776, Gascoigne Frederick’s “name was made use of therein only

for the use and benefit of Elizabeth Frederick and Selina Frederick,” and

that they, with their husbands, applied to the ladies of Bampton to sell

all the hereditaments and premises demised to the said Gascoigne

Frederick, in 1776; and which these ladies kindly did for _ten shillings

a-piece_, as is witnessed by indentures, dated fifth and sixth of

February, 1781, which re-convey the said lease and leasehold premises to

trustees for the purposes mentioned in the will and codicil of Sir John

Frederick, and in the marriage-settlements of the granddaughters of the

aforesaid baronet.

By a “fine sur concessit,” levied in Trinity Term, in the twenty-second

year of George the third, “in order to dock, bar, and extinguish all

estates, tail,” &c, this estate was conveyed to Thomas Lloyd and his

heirs for the uses of the trustees, in trust to be applied, one half

according to the marriage settlement of Elizabeth wife of John Morshead,

afterwards Sir John Morshead; the other half subject to the uses of the

marriage settlement of her sister Selina, wife of Robert Thistlethwayte.

These indentures are dated respectively the fifth of July, 1782, and

fourth of March, 1783. They are set forth, in part, in the Act now under

review; and as they were executed during the minority of these ladies,

there are also, as we may suppose, references to sundry opinions,

reports, orders, &c. of that very ancient Court of Equity, whose

interesting proceedings are so excellently depicted in “Bleak House,” by

the great teacher of our time.

By conveying these lay interests in this estate with other interests in

private property to trustees,—by charging the whole with large sums of

money,—by carrying the “remainder” over a thousand years in one case, and

in the other one thousand five hundred;—by changing “the said leasehold

premises from a freehold to a chattle interest;”—and then by making “the

tenure thereof as nearly equal to freehold as possible;”—and by certain

acts which we are about to examine, Gascoigne Frederick’s lease for three

lives has been converted into as snug and nice a little property, as any

lady or gentleman in the land need desire; provided always, it could be

secured from the anxious care of the ancient court before mentioned, and

that more modern tribunal, which will one day be instituted to examine

into the claims the public may have on such estates as this.

As the chief instruments in the formation of the Paddington estate are

those peculiar Acts of Parliament which have been denominated “facts,” to

distinguish them from “laws,” it is from these chiefly that I shall

gather the _facts_ contained in this chapter: and as this Act of 1795 is

somewhat scarce, and as the preamble affords some interesting

information, I shall quote several passages from it entire:—

_Purchase of Waste Lands_.—“And whereas there are certain Pieces or

Parcels or small narrow strips of Land, containing in the whole about

five acres, which lie as Waste or Commonable Lands in the Lanes and

Road-Ways dispersed in, about, and within the said Parish of Paddington,

and are contiguous to and in front of some of the said Lanes,

Hereditaments, and Premises comprised in the said lease, between the

Hedge Rows of the same Lands and the different Road and Carriage Ways

leading to, from and through the said parish, as the public highways

thereof, and which have been used by the tenants of the said lessees for

the purpose chiefly of laying Dung Heaps thereon, and the same are become

a great nuisance, not only to the said Parishioners, but to the Public at

large, and which nuisance would not only considerably increase if the

same Lands were to remain open and unenclosed in their present state, to

the great annoyance of the said Public and Parish at large, but would

greatly impede the good purposes of this Act; and therefore it is

proposed by the said Lord Bishop and his said Lessees, that the said

Waste Lands should be annexed to and become a Part of the said

Hereditaments and Premises so to be demised under the powers of this Act,

and that such Compensation shall be made to the said Parish at large for

any Interest they may claim therein for the benefit of the said Parish,

by way of a Rent Charge, to be paid to the Churchwardens of the said

Parish for the Time being for ever, for enclosing the same as is

hereinafter provided for, and annexing the same to the said Hereditaments

and Premises, discharged of and from any Common Right or Claim, if any

such did exist.”

_Contemplated Destruction of Parsonage and other Souses_.—“And whereas

some few Farm Houses and Messuages have many years since been erected,

and are now standing on Part of the said demised Premises, but the same

with the Out Buildings are now become very ancient and much out of

repair, and in some respects so very ruinous as to be incapable of being

repaired; and a variety of other small and temporary Buildings of Lath

and Plaster, and of a very inferior quality, have also been lately

erected and built, and now are erecting and building thereon, and which

by means of the Persons who inhabit therein may become a great Burthen to

the said Parish in the increase of their Poor Rates, but the principal

Part of the said Ground demised by the said Indenture of Lease of the

fourteenth day of August, 1776, still lies open and unbuilt upon, and on

account of its vicinity to London, the whole is capable of very great and

capital improvement, and if such Improvements were made would render a

very large Increase of Rent, as well to the said Lessees and their Heirs

and Assigns, as to the said Lord Bishop and his Successors for the Time

being, but by reason of the nature of the present Tenure such

Improvements cannot be effected, and therefore in order to induce

Builders and other Persons to take the same and build capital Houses and

Squares thereon, it is thought necessary that the Tenure thereof should

be made in value as nearly equal to Freehold as possible.”

_The Nature of the Lease to be Changed_.—“And whereas it would be greatly

for the Benefit and Advantage of the said Lord Bishop of London and of

his Successors, and of the said Sir John Morshead and Dame Elizabeth, his

wife, and their Issue, (instead of granting Leases for Lives as has been

usual and customary on Fines paid for the same) if a power was given to

the said Lord Bishop and his Successors to grant a new Lease of the said

Premisses comprised in the said Lease of the fourteenth day of August,

1776, together with the said Strips of Waste Land within the said Parish

of Paddington, for such Terms of Years, and with such Powers of Renewal

as are hereafter mentioned, and particularly with a power for the Lessees

therein to grant Under Leases thereof, at such Rents, and under such

restrictions, and in such manner as is hereinafter expressed with respect

to such Original and Under Leases respectively.”

_Division of Profits_.—“And whereas the value of the Interests of the

said Lord Bishop of London and his successors and of the said Lessees in

the said Premises, having been taken into consideration, it is conceived

that the Rents, Issues and Profits which at present are reserved or

payable, or which shall or may arise from and out of the Messuages,

Lands, Hereditaments, and Premises comprised in the said Lease, or which

shall hereafter be reserved or payable, or arise from and out of the said

Premises, and every part thereof, upon any reserved Lease or Leases to be

made under the authority of this Act, or any Under Leases in pursuance

thereof or otherwise, should be appropriated between the said Bishop of

London and his said Lessees in the shares hereinafter mentioned, (that is

to say), One Third thereof to the Bishop and his Successors for the Time

being, and Two Thirds thereof to his said Lessees, their Executors,

Administrators, or Assigns, subject to the said present Annual Rents and

Pension, and such other Deductions as are hereinafter mentioned.”

_Increase of Forty Pounds a year in the Stipend of a Single Curate_.—“And

whereas the said clear yearly pension or stipend of Eighty Pounds, so

payable to the Curate of the said Parish of Paddington for the time

being, who is appointed to serve the said Cure by the said Lord Bishop

and his Successors, and which now stands charged upon the whole of the

said Hereditaments and Premises so comprised in the said Lease of the

fourteenth day of August, 1776, and which it is proposed should be by the

said intended Lease or Leases so to be granted under the powers of this

Act, increased to £120 a-year, and be secured upon and made payable, not

only out of the Tythes arising and to arise and become payable to the

said Lessees, as hereinafter is mentioned, but also upon a Farm and Lands

called Kilburn Bridge Farm hereinafter mentioned, and now of the annual

value of £230, and now in the occupation of — Newport, as Tenant thereof

at such Rent, and not be charged or become chargeable upon any other part

of the said Lands, Hereditaments, and Premises to be leased by any such

Under Lease or Under Leases for the purposes intended by this Act, in

which case it would defeat the good purposes of this Act.

_Sole benefit of contemplated change_, _with the exceptions above

mentioned_, _to be for the Bishop and his Lessees_.—And whereas,

notwithstanding it would be for the mutual benefit of the said Lord

Bishop of London and his successors, and the said Sir John Morshead and

Dame Elizabeth his Wife and their infant issue, and the said Robert

Thistlethwayte and Selina his Wife and their Infant issue as aforesaid,

that the said herein-before mentioned Proposals should be carried into

complete Execution, yet the same cannot be effected without the aid of

Parliament.”

Wherefore His Majesty’s most dutiful and loyal subjects, Beilby (Porteus)

Lord Bishop of London, on behalf of himself and his successors, Thomas

Wood, (the surviving Trustee of the marriage settlements of the

under-mentioned ladies,) Sir John Morshead and Dame Elizabeth his Wife,

on behalf of themselves and their six children, Robert Thistlethwayte and

Selina his Wife, on behalf of themselves and their six children, and Sir

John Frederick and Arthur Stanhope (new trustees appointed under the

provisions of the aforesaid marriage settlements) joined in beseeching

his Majesty that it might be enacted, and it was enacted, in the usual

form: “That it shall and may be lawful to and for the said Beilby, Lord

Bishop of London, and his successors for the time being, and he and they

are hereby required and directed by Indenture under the Episcopal Seal of

the said Lord Bishop, and his successors, to demise, lease, and to farm

let” to the said trustees “their Executors, Administrators, or Assigns,

or the Trustees or Trustee for the time being, to be hereafter named or

appointed under the Powers” of Indentures of settlement of the 5th of

July, 1782, and 4th of March, 1783, partly recited in this Act, all the

“Hereditaments whatsoever of the said Reverend Father, and belonging to

the bishoprick of London, heretofore demised by the late King Henry the

eighth,” by an Indenture dated 21st of December, in the thirty-fifth year

of his reign, to Richard Rede; “and also all that Annual Rent or yearly

sum of Ten Pounds, charged upon the Parish of Paddington;” “and also all

that Wood and Wood Ground commonly called Paddington Wood, containing by

estimation Thirty Acres, be it more or less, and which was many years

since converted into and is now Pasture Land, together with all manner of

Trees, Hawts and Hedgerows of the said Reverend Father, and belonging to

the said Bishoprick of London, growing or being, or which hereafter shall

grow or be within the Parish of Paddington aforesaid, and also all the

Herbage and Pannage of the said Woods, &c. &c.,” “and all other the

Hereditaments and Premises” leased and comprised in an Indenture, dated

the fourteenth of August, 1776, also partly recited in this Act, “except

Easter Offerings, Mortuaries, and all surplice fees to be paid to and

received by the Curate of Paddington for the time being;” and also all

and singular the strips or pieces or parcels of waste ground

herein-before described “containing about five acres, be the same more or

less;” “To hold for a term of ninety-nine years, and to commence from

the day next before the day of the date of such lease,” and also to renew

the said lease at the end of the first fifty years of the said term of

ninety-nine years, on payment or tender of a fine of twenty shillings,

for a further term of ninety-nine years, to commence and be computed from

the end of the said first fifty years, and so to continue to renew the

lease for the time being so to be granted.” {80}

The Act provides “That before the Execution of the said first Indenture

of Lease, or of any Indenture of Renewal, and at the end of every year

afterwards there shall be delivered by the Lessees therein to be named to

the said Bishop and his successors, or his or their Agent or Steward, a

true and particular account, in writing, of the Rent or Rents, at which

the Premises thereby to be leased, are then let or demised, and to whom,

and for what term or number of years respectively.”

The Act also provides “that there be reserved in such Lease and renewed

Leases a chief rent chargeable on the said Lands, Tenements, &c.,” “for

the benefit of the said Lord Bishop of London and his successors for the

time being, of forty-three pounds, six shillings and eightpence, and also

one-third part of the rents, issues, ground-rents, and other profits

reserved or to be reserved, due and payable, or arising out or from, or

which the same Messuages or Tenements, Lands, Tythes, Hereditaments, and

Premises, and every part thereof shall be let for, immediately before the

passing of this Act, and which the same shall from time to time be let

for, under the leases to be granted as hereinafter is mentioned, or

otherwise, after deducting in the first place the above-mentioned

reserved rent of forty-three pounds, six shillings and eight-pence,” a

pension to the curate of £120 a-year, the fifteen pounds a year rent paid

to the Churchwardens for the waste lands, the land tax, “and such other

taxes as shall or may be hereafter imposed on the Lessor or Landlord in

respect of the said Premises by authority of Parliament.” Such reserved

rents to be paid quarterly “and the first payment thereon to commence, to

the said Lord Bishop and his successors, from the fifth day of April last

past.”

It was also provided that the aforesaid pension or annual stipend of

£120, payable to the curate, should be secured on and made payable from

the tithes of the Parish of Paddington, also on “a farm, called Kilburn

Bridge Farm, containing about forty acres or thereabouts, and of the

yearly value of £230.” It was also provided, that the lease now to be

granted or any renewed lease should contain such or the like covenants as

are mentioned and contained in the Indenture of the fourteenth of August,

1776, “touching the accommodation of the Surveyor or Steward of the said

Lord Bishop and his successors, their servants and horses, on any court

or courts, survey or surveys to be held of or for the said Premises.”

“Provided always, that there be a covenant inserted in such Lease and

Leases so to be granted as aforesaid, that the said Thomas Wood, Sir John

Frederick, and Arthur Stanhope, their Executors, Administrators, and

Assigns, or any succeeding Trustee or Trustees to be appointed as

aforesaid, their or his Executors, Administrators, or Assigns shall not

lease or demise any part of the said Hereditaments and Premises to be

comprised in the Leases so to be granted to them as aforesaid, except in

the manner hereinafter mentioned.”

A power was given to the said Trustees or their Assigns to demise any

part of the said premises comprised in the lease and leases to be granted

by the bishop and his successors, “not exceeding two hundred acres

thereof,” without application to Parliament for farther powers, “to any

person or persons who shall be willing to build upon, rebuild, or

substantially repair the same, in the manner by the Lease or respective

Leases to be granted thereof to be specified,” for any term not exceeding

ninety-eight years (“provided that the said Lord Bishop for the time

being be a party to all such Under Leases,”) “so as there be reserved in

and by such Leases, &c. the best and most improved yearly rent that can

be reasonably had or gotten for the same, to be made payable quarterly,

free from all deductions whatsoever, without any Pine, Premium, or

Foregift, or any Thing in the nature of a Fine being taken for the making

thereof.”

The leases were to contain covenants to build and keep in repair the

messuages, &c. agreed to be built, and to keep these buildings “insured

from damage by fire to the amount of four-fifths of the value thereof;”

and “to surrender and leave in repair the messuages, &c. to be erected

and built, or rebuilt and repaired” at the end of the term or terms in

such leases granted. And all “other usual and proper covenants,

provisos, and conditions” were to be inserted “usually contained in

building leases near the City of London.” These under-lettings were to

take place from time to time by public auction to the best bidder, (if

approved of by the bishop and his lessees), notice of the time and place

of such auction having been given to the bishop or his agent by the said

lessees. Separate lots were to be made for every house, “whose breadth

in front shall be twenty-eight feet and upwards;” and for houses of

smaller dimensions no more than one hundred feet frontage was to be let

in one lot. The under-lessees were to be bound to build on this land, so

taken, within a specified time, “and agreeably to such a plan as shall be

approved by the Lord Bishop of London and his successors, and the said

lessees for the time being.” Three counterparts of these under-leases

were to be provided, one to be delivered to the bishop or his agent, for

the registration of which a fee of six shillings and eight pence was to

be paid; the other two being for the trustees of the two families

interested in the Bishop’s lease. Any number of these sub-leases might

be taken by any one person, so that the quantity altogether did not

amount “to more than fifteen acres of the said land.” It was also

provided, that “Farm Leases at Rack-rent for twenty-one years may be

granted with the consent of the Bishop of London,” but to be determinable

on six months’ notice being given.

The patronage of the Church of Paddington was reserved to the Bishop.

The trustees were to stand possessed of the new lease on leases to be

granted by the Bishop, in trust, one half for the person and persons, &c.

to whom the same ought to go or belong by virtue of the Indenture of

Release of the fifth of July, 1782; the other half in trust for the

person and persons, &c. entitled by virtue of the Indenture, dated fourth

of March, 1783; certain new provisions having been necessary in

consequence of the change of interests.

The trustees were not to make any leases under the authority of this Act,

without the consent in writing of Sir John and Lady Morshead, and Mr. and

Mrs. Thistlethwayte.

And this Act was not to prevent the Bishop and his Lessees from treating

with the Grand Junction Canal Proprietors “for such part or parts of the

said premises, over and above the number of acres hereinbefore limited

for building on;” neither did it do so; for by “An Act for making a

Navigable Cut from the Grand Junction Canal, in the precinct of Norwood,

in the county of Middlesex, to Paddington, in the said county,” passed in

the same year as the preceding, the 35th Geo. III, cap. 43, we find that

although the cut was not to be made through the Paddington Estate without

the consent of owners yet that consent had already been given as to

certain lands at Westbourn-green; and in 1798, by an Act for confirming

and carrying into execution certain articles of Agreement made and

entered into between Beilby, Lord Bishop of London, the Lessees of the

Paddington Estate, and the Company of Proprietors of the Grand Junction

Canal, “and for other purposes therein mentioned”—the 38th Geo. III, cap.

33.—we find that the said Company had then entered into a covenant with

the said Lord Bishop, and his lessees, for certain other Pieces or

Parcels of Land lying in the Parish of Paddington, amounting in the whole

to “Forty Acres, Two Roods and Thirty-seven Perches,” at a yearly rent of

£814 12_s._ 6_d._ being at the rate of twenty pounds per annum per acre;

also certain other Pieces or Parcels, all in the aforesaid Act

particularly set forth, {83} amounting in the whole to “Seven Acres and

Two Roods,” at a yearly rent of thirty-nine pounds, seven shillings and

six-pence, being after the rate of five pounds per acre per annum: in

addition to which the Company agreed to pay a further rent of thirty

pounds per annum, in respect of Buildings standing on the ground agreed

to be demised: and this annual sum of £884 was agreed to be paid “by the

said Company of Proprietors, their successors and assigns, free and clear

of all manner of taxes, and from all other deductions and outgoings

whatsoever:” one-third part to be paid to the said Lord Bishop and his

successors, and the remaining two-thirds to the trustees, as lessees of

the said estate. What good and valuable consideration, over and above

the rent specified, was given to the Bishop and his lessees to induce

them to consent to lease this land for ninety-nine years, bating one day;

and to agree, for themselves and their successors, to renew the lease

every fifty years for the same term, on the tender of a fine of twenty

shillings, I cannot tell. These holders of the land, in all probability,

had a less exalted notion of its value than their successors have had,

but still it is very probable _some_ compensation was given to induce

them to part with it at such a rent.

Nine years after the passing of the Bishop’s first Building Act, it was

found that it required “altering and amending,” and the 44th Geo. III.

cap. 63, was passed for that purpose; “and for granting further powers,

the better to carry into execution the purposes of the said Act.”

By this Act, two new trustees, Frederick Treise Morshead, eldest son of

Sir John and Lady Morshead, and Henry Frederick Thistlethwayte, son of

Sir Robert and Selina Thistlethwayte, were appointed in the place of

Thomas Wood, deceased. And we are informed that those parts of the first

Act which limited the letting to public auction only, and required, in

the leases for twenty-one years, the insertion of a notice that the

occupancy might be terminated after any six months thereof, were “found

to be very prejudicial to the interests of the parties interested in the

said estate, and a great check to the future improvement thereof,” and it

was thought that it would “tend greatly to the advantage of the See of

London, and the other parties interested in the said estate,” if further

powers were given. These clauses of the aforesaid Act were, therefore,

repealed, and in lieu thereof, the lessees or lessee of the Bishop, with

his previous consent first had and obtained in writing, were allowed to

treat, by private contract, or otherwise, with any person or persons,

willing to build on this land, for the whole or any part of the two

hundred acres in the previous Act mentioned to be let for building upon,

for any term not exceeding ninety-nine years.

The previous Act limited the use of the brick-clay, gravel, &c. which

were dug out of this estate, to the improvement of the premises whereon

these were found, but to no other purpose; but it was now declared, that

“for as much as it will tend greatly to the Improvement of the said

Estate, to raise a Fund for the purpose of making main drains, forming

and paving streets, forming and gravelling roads, making bridges, and

erecting bridge ways for the improvement of the said estate,” it should

now be enacted, that these materials might be sold to form a fund for

carrying out these objects, “and for the general improvement of the said

estate.” {85a}

Provision was made by this Act for the redemption of the land tax, which

was charged at £132 per annum, the consideration for which is stated to

have been £4,840 capital stock in the three per cents. This was bought

for £3,075 0_s._ 10_d._, by the sale of 4A. 1R. 36½P. which brought in

£3,653 4_s._ 5_d._, the expenses thereon being £64 11_s._ 10_d._ {85b}

In 1805, another Act of Parliament relative to the Paddington estate, the

45th Geo. III. cap. 113, became the law of the land, and “all judges,

justices, and others” were directed to admit, as evidence, printed copies

thereof; but as this Act can be obtained in the usual way, my notice of

it will be very brief. It recites in part the two preceding Acts; states

that “considerable progress has been made for carrying into execution the

said Acts;” and attempts to remove “doubts which have arisen whether the

trustees of the original lease for the time being, though with the

consent of the said Lord Bishop, (Beilby, still bishop of London), or his

successors, have a power under the said Acts, or either of them, to enter

into contracts for granting building leases at a rent to be specified in

the contract, payable for the whole ground agreed to be demised; and

afterwards, as the houses or buildings shall be completed or covered in,

to grant separate leases of such houses or buildings, at separate rents,

amounting in the whole to the rent originally contracted for.” Which

mode of contracting, we are told, “is by experience found to be a

necessary preliminary to the granting of any such Lease.”

The Act therefore declares that the lessees or lessee of the Bishop for

the time being, with his consent, may contract and agree, to demise,

lease, or grant any part of the premises to be let, (but not exceeding

the two hundred acres agreed to be let by the first Act,) and afterwards

grant separate leases under certain conditions; one of which is that if

the ground-rent of any one house exceed “an equal proportion of the

original rent agreed to be reserved for the whole of the land or ground

comprised in the contract,” it shall “not exceed one-seventh part of the

clear yearly rack-rent or value of the land and buildings to be by such

lease demised, {86a} so that the yearly rent to be reserved by any Lease

to be granted in pursuance of this Act, be not in any case less than

Forty Shillings:” “the Bishop of London for the time being to be a party

to all such Leases.”

The second clause of this Act provides that a memorial of every lease,

and also of every contract, shall be registered at the public Office for

registering Deeds and Conveyances, as prescribed by the seventh of Anne;

and that every such memorial shall contain a full description of the

land, the term of years for which it was let, and the yearly rent or

rents reserved thereon. {86b}

Sir John Morshead being at this time absent from the kingdom, “and

restrained from returning to the same by His Majesty’s enemies,” certain

clauses are enacted respecting his consent being obtained, before leases

are granted.

In 1808, another Act “for altering and enlarging the powers” of the 35th.

44th. and 45th. of George III. appears to have become necessary; for in

that year we have the 48th Geo. III. cap. 142, passed for this purpose.

The preamble of this Act notices an Indenture of Assignment, bearing date

on or about the twenty-fourth of July, 1807, made between Eliza Mary

Thistlethwayte, widow of Alexander Thistlethwayte, on the one part, and

Thomas Thistlethwayte, her brother-in-law, the third, but eldest

surviving son of Robert Thistlethwayte, on the other, wherein it is

witnessed that, “for the consideration therein expressed,” the said lady

assigned her interest in the Paddington Estate to the said Thomas

Thistlethwayte, his executors, &c. “for his and their own use and benefit

absolutely;” subject to the life interest of his mother, then Selina

Thistlethwayte. {87a}

By this Act certain parts of previous Acts are repealed; power is given

to the lessees to pull down all buildings standing upon the premises

comprised in any under-lease; the Bishop’s chief rent of forty-three

pounds, six shillings and eightpence, is no longer to be charged on the

whole of the hereditaments and premises; all lands comprised in the

under-leases, to be exonerated and indemnified from the payment of the

same; and the signatures of Sir John Morshead, Robert Thistlethwayte, and

their wives, to the under-leases are to be no longer necessary. The sale

of brick-earth, sand, gravel, &c., having been found totally inadequate

for payment of costs of Acts, making drains, streets, &c. {87b} Beilby

Lord Bishop of London {87c} and the trustees of the estate agree to

execute a mortgage of “a competent part of the said premises,” charging

it with any sum not exceeding ten thousand pounds, with lawful interest,

for these purposes; or the money may be raised by annuities for lives

instead of mortgage.

The eighth section of this Act relates to the “conduit upon the said

estate belonging to the corporation of London, situate near Bayswater,

and the pipes or drain therefrom, and the tanks or wells connected

therewith.” And it is stated that as these pipes “run through the same

estate diagonally so as to intercept the carrying on of the building

improvements upon any eligible plan,” the Bishop and his lessees were

empowered to treat with the mayor and commonalty and citizens of the said

city of London, for the removal or varying the line of the said pipes,

&c., and to make satisfaction for all damages which may be sustained by

the city in consequence thereof: the estate to be charged with any sum

not exceeding two thousand pounds for effecting this object.

Provision is made in the tenth section—“That nothing herein contained

shall extend, or be constructed to extend, to authorize the making or

forming any new drain or drains, tunnel or tunnels, except for the

conveying and receiving the water from the conduit as aforesaid, which

shall or may run into the Park, called Hyde Park, or Kensington Gardens,

or into any drain, &c., running into or communicating with the same

places, or either of them.” But the rights, powers and authorities,

vested in the Commissioners of Sewers, were not to be affected by this

Act.

In a schedule to this Act annexed, signed S. P. Cockerell, we find the

“estimate of the expence of building a main drain or sewer for carrying

off the water from the estate being at least, five thousand three hundred

feet in length, four feet clear breadth,” was ten thousand and sixty-four

pounds. And the “estimate of the expence of moving the pipes and drains

from the conduit at Bayswater, and the tanks and wells connected

therewith,” was two thousand pounds. Yet this arrangement, with respect

to the Bayswater conduit and the pipes, &c., proceeding therefrom, was

not sufficient to satisfy the owners of the Paddington estate; for, in

four years after it was made, another Act was passed “to enable the mayor

and commonalty and citizens of the city of London to sell, and the Right

Reverend the Lord Bishop of London and his lessees of the estate at

Paddington belonging to the See of London to purchase, certain waters and

springs and the conduits and other appurtenances thereto within the

several parishes of Mary-le-bone and Paddington, in the county of

Middlesex.” 52nd Geo. III. cap. 193. And articles of agreement dated

the first of July, 1812, relative to the purchase of the said conduit,

springs, &c., for the sum of two thousand five hundred pounds, are

confirmed by this Act. It also empowers John (Randolph) Lord Bishop of

London, and his successors for the time being, with consent of the

lessees, to raise money “for the completion of the said purchase and

payment of the incidental expenses;” either by sale of all or any portion

of thirty-two acres of land particularly described in a schedule to this

Act annexed; or by a mortgage on any portion of the estate; or by

annuities; but the sum of money “which may be raised under or by virtue

of all, any, or either of the provisions contained in this Act, shall not

together and in the whole exceed the sum of four thousand five hundred

pounds.”

We are informed by a schedule attached to the 6th Geo. IV. cap 45. that

under the powers of this Act, eight acres, one rood, and nineteen perches

of land, were sold to purchase these waters; the amount received for

which, including “interest and auction duty,” was two thousand, nine

hundred and nineteen pounds, sixteen shillings and sixpence.

The lands, described in the schedule annexed to this Act, are said to be

“the most convenient for sale,” being “detached parts” of the estate.

How there came to be any “detached parts” in so snug an estate, the Act

does not inform us. But it does tell us that in these detached parts

there are two closes of land called “The Lower Readings,” and “The Upper

Readings,” names very significant in themselves, and which must, I think,

at some time, have had some connection with Readers.

Another Act—the Regent’s Canal Bill—was the same day added to the list of

those Acts which, together, have made the Paddington Estate a subject of

such notoriety. But there was an Act also for each of the intervening

years.

In 1810 “An Act for further enlarging the Church-yard of the parish of

Paddington, in the County of Middlesex,” the 50th Geo. III. cap. 44,

enabled the trustees appointed under previous Acts, relative to the

church and church-yard, to charge the burial-fees, pew-rents, and

church-rates, with a sum not exceeding two thousand five hundred pounds,

in order to complete a purchase of two acres, one rood and twenty-nine

perches of land belonging to the said John, Bishop of London, and his

lessees. For this piece of ground, with the trees standing thereon, and

the old manor-house, the parish paid two thousand, two hundred and

sixty-three pounds, seven shillings and sixpence. This sum I presume was

divided in the usual proportion between the Bishop and his lessees: for

this does not appear to have been any part of the land authorised to be

sold for the purposes mentioned in one of the preceding Acts.

In 1811, the fifty-first of Geo. III. cap. 169, established the Grand

Junction Water Works Company; the thirty-third section of which Act

confirms and ratifies a previous arrangement, made by the previous

Bishop, Beilby Porteus, with the Grand Junction Canal Company, for the

supply of the tenants on the Paddington estate, with water at ten pounds

per cent. less than they could be supplied by others. The clause is as

follows:—

“_Provided also_, _and be it farther enacted_, _that the said Company

of Proprietors shall_, _and they are hereby required from Time to

Time_, _and at all times hereafter_, _to supply the several Lessees

or Tenants of the Estate belonging to the See of the Bishop __of

London at Paddington aforesaid with Water_, _at the Rate of Ten

Pounds per Centum at the least below the average Rate which shall be

demanded and taken by the said Company_, _or any other Company or

Companies_, _for supplying with an equal quantity of Water the

Inhabitants of Souses of the like Magnitude and Description of any

other of the Districts or Streets within the Cities of London and

Westminster_.”

Whether or not the tenants of the Paddington estate have, up to this

time, received the full benefits of this important clause, I leave them

to decide for themselves. I, for one, can say that I have not; and after

a full investigation of this subject, I cannot undertake, (as I have been

requested to do, by a gentleman very much interested in the Company,) to

point out the injustice of this clause. I make no doubt this clause was

well considered, before it was allowed to form a portion of this Act; and

was taken by the bishop and his lessees as a part of the _quid pro quo_

in their arrangements with the Company.

Whether it was done as an act of kindness to the tenants, as a

compensation for the loss of the public watering places which existed on

several parts of this estate, or to increase the value of the estate

matters little to our purpose: but we cannot suppose that a public

Company would have consented to this clause without some adequate

consideration; and even if the value of this consideration is no longer

felt, which I believe is not the case, {90} that is no reason why their

obligation should not remain. To have had a tall chimney, with all its

consequences, as well as some acres of reservoirs filled with water,

standing for years in the centre of the parish, could have been no

improvement to the surrounding property, though the convenience to the

company must have been very great; and if any injustice is to be

discovered in this clause, I think it must be found in confirming the

benefit to a portion of the parish only. But if the Company at that time

had seen any injustice in this arrangement, it could and most probably

would soon have been altered, for “the aid and authority of Parliament,”

was required in 1812, the very year after the passing of this Water

Company’s Act, to make “valid, binding, and conclusive,” certain articles

of agreement, dated the twenty-fourth of March, which were entered into

between John, then Bishop of London, and his lessees, and the company of

proprietors of the Grand Junction Canal; which agreement, amongst other

things, was entered into, to enable the latter to lease to the Grand

Junction Water Works Company, the requisite quantity of land for the

completion of their works. {91}

After fifteen years, in the seventh of Geo. IV, cap. 140, the same clause

is again to be found; and in the seventh and eighth of Victoria, cap. 30,

this agreement for supplying cheap water to the tenants of the Paddington

estate is again ratified and confirmed; so that the subject has been well

considered and ought to be fully enforced by a co-operation of the

tenants.

By the fifty-second Geo. III, cap. 192, the Act just referred to, anno

1812, the said articles of agreement are “absolutely ratified, confirmed,

and established,” by which thirty-six acres, three and a-half perches of

land are demised to the end of the term for which the land previously

leased to this Company was let, renewable for a further term of

ninety-nine years, every fifty years, on the tender of a fine of twenty

shillings, at a rent commencing at £427 3_s._ in 1812, and advancing year

by year to 1818, when the annual rent was fixed at £570 3_s._; one-third

part of which was to be paid to the Bishop of London for the time being,

the other two-thirds to his lessees.

Besides this lease of fresh portions of the estate, certain small pieces

were exchanged, and the Company reconveyed to the bishop and his lessees

rather more than two acres of that which had been previously leased to

them, so that, altogether, rather more than eighty-two acres of the

Paddington Estate is leased to the Grand Junction Canal Company, at a

rent of £1,454 3_s._ per annum.

In the same year, 1812, the fifty-second of Geo. III. cap. 195,

incorporated the Regent’s Canal Company, and gave full power and

authority to that Company, “to make and maintain a Navigable Canal from

the Grand Junction Canal, in the parish of Paddington to the River Thames

in the parish of Limehouse;” to supply the same, as well as steam

engines, Reservoirs, &c. with water from the River, and to effect other

objects therein set down. The land required of the Paddington Estate for

making this Canal amounted to two acres, three roods, twenty-eight

perches; the purchase money for which was £2,000.

This canal was opened from Paddington to the Regent’s Park Basin two

years after this Act passed, but was not finished till August, 1820. The

other Canal and Water Company Acts which affect the Paddington Estate,

are the fifty-sixth of Geo. III. cap. 4 and 85; the fifty-ninth Geo. III.

cap. 3; and the seventh Geo. IV. cap. 140. But it appears that one Act

of Parliament was not sufficient to ratify and confirm the articles of

agreement of the twenty-fourth of March, 1812; for the fifth of Geo. IV.

cap. 35, passed in 1824, was called into operation “to carry into

complete effect” these articles of agreement; and the twenty-six pages of

which this Act is made up, shew pretty clearly that “some doubt” must

have been entertained whether the things therein agreed to be done, could

be “legally and effectually” done.

After setting forth the title of those claiming the Paddington Estate at

this time, (1824,) the Act renders it lawful for William (Howley) Bishop

of London, and his successors, and their lessees, and further requires

and directs him and them to ratify and confirm to the said Company all

the parcels of land mentioned in the said articles of agreement.

This Act informs us, too, of a field called “Lower Field,” containing ten

acres thirty-eight perches, which was purchased or agreed to be

purchased, by the Grand Junction Canal Company, of James Crompton, esq.,

in 1801, but which was forfeited to his Majesty in consequence of not

having been used for the purposes of the said Canal; which forfeiture,

however, his Majesty was graciously pleased to remit: and by the third

section of this Act, the said field is “discharged of all forfeiture to

his said Majesty, his heirs and successors, under any Statutes of

Mortmain.” These Statutes are also dispensed with by the tenth clause

for other lands conveyed; and the Company indemnify the bishop and his

lessees from the rent-charge of £349 15_s._, payable to the aforesaid

James Crompton, his heirs and assigns. The twentieth section confirms

the leases already granted to this Company; and the twenty-first, enacts

that all future leases shall be conformable to the one already granted.

A plan, but on a smaller scale, similar to the one attached to the

preceding Act, is also appended to this.

But the great Act relative to the Paddington estate—that which was

intended to give an epitome of preceding Acts, to bind and cement the

whole, and put the key-stone into this expansive legislative arch—is the

forty-fifth chapter in the sixth year of the reign of George the fourth,

anno 1825, entitled—

“An Act to enlarge the powers of several Acts passed in thirty-fifth,

forty-fourth, forty-fifth, and forty-eighth years of the reign of his

Majesty King George the third, for enabling the Lord Bishop of London

to grant a lease, with powers of renewal, of lands in the parish of

Paddington, in the county of Middlesex, for the purpose of building

upon, and to appoint new trustees, and for other purposes relating

thereto.”

In 1824, the rate-payers of Paddington were seduced, in a manner

hereafter to be mentioned, to resign into the hands of the wealthy

proprietors, and a certain number of vestry-men, elected under the

detestable principles of Sturges Bourne’s Act, those inherent rights

which their predecessors had protected, with more or less determination,

for centuries; and the next year saw the official representatives of this

select body, and the curate of the parish, joining the Bishop of London

and his lessees, in beseeching his Majesty that the several objects

contained in the aforesaid Act, might be accomplished. One object was,

to increase the quantity of land to four hundred acres, for which

building leases might be granted; and another, to exclude the “Curates of

Paddington, the said Churchwardens and their successors” from “all

estates, right, title, interest, benefit, claim, or demand whatsoever of,

into, out of and upon the lands and hereditaments comprised in or which

are or may be subjected to” “the lease granted by Bishop Porteus, in

1795; excepting in so far as is expressed in this Act.” And in

consideration of this wholesale surrender of all the interest, benefit,

&c. which the inhabitants of Paddington ought at this time to receive out

of the Rectory and other lands, William (Howley) Bishop of London, and

his lessees were graciously pleased to consent, that it may be enacted,

“that the Curate’s former stipend of £120 a-year shall be increased to

£200 per annum;” that ground may be granted for the site of the said

Curate’s residence, “not exceeding one acre;” and “that any quantity of

the said estate not exceeding four acres may be conveyed by deed to

trustees or commissioners, appointed under Church Building Acts.”

Having already analysed preceding Acts, it only remains for me to notice

here, that this ponderous piece of private legislation, which occupies no

less than seventy-three pages of the statute book, is chiefly a resume of

that which had been before enacted. It provides, however, as we have

seen, for double the number of houses, and therefore for a vast increase

in the revenues of this estate; it provides for the increase of a

curate’s stipend, by eighty pounds per annum; and it grants sites for

churches—“if at any time hereafter it should on account of the increase

of the population, or on any other account, be found necessary or

convenient to erect and build the same.” It also provides for the

appointment of new trustees both at the present, and any future period;

for altering the conditions in the covenants in under-leases; and for

raising an additional twenty thousand pounds by mortgage.

It further informs us that the previous mortgage of ten thousand pounds

was settled on Dame Morshead; and it enacts that the former sum, as well

as this, shall be paid off by fines on the renewal of the present

building leases; the Bishop of London for the time being, to be

answerable for one-third of the interest on these sums, and the trustees

for the other two-thirds. The sum permitted to be borrowed by this Act

is to be used in improving the estate, as well as all monies received for

the sale of gravel, &c., and any sum that may arise from selling or

letting the waters, springs, &c, purchased of the corporation of London;

which by this Act the Bishop and his lessees are empowered to let or sell

for that purpose.

There are two schedules annexed to this Act, both bearing the signature,

J. H. Budd. The first is a description of the several pieces and parcels

of land composing “the Paddington Estate,” amounting in the whole, it is

here stated, to six hundred and eleven acres and a half. The second

contains an account of sums received and paid on account of the same

property. By this account we learn that twelve acres, three roods, and

fifteen perches and a half of land belonging to this estate had been sold

under the Land-tax Redemption Act, and the 52nd George III; for which, it

is stated, £6573 0s. 11d. was received. £2000 was also received for two

acres, three roods, and twenty-eight perches, “used by the Regent’s Canal

Company.” £10,256 12s. 3d. “by sale of brick earth, gravel and sand.”

And £1140 18s. 2d. by sale of old materials, water pipes, &c. Making

with the £10,000 borrowed, a sum of £29,970 11s. 4d. The payments being

£27,857 6s. 2d. including the small item of £4,530 17s. 11d. for law

expences.

In these Acts and Deeds will be found the true history of “the Paddington

Estate;” the few finishing touches which have been given to it, during

the possession of the See of London by the present Bishop, being

comparatively unimportant. But Dr. Blomfield has derived more personal

benefit from the policy of his predecessors than those who assisted in

establishing it could have contemplated would ever fall to the lot of any

one bishop. What have been the actual receipts from this estate for the

last twenty years, few men can tell; but if we were to calculate the

average for that period at £5,000 per annum, I think we should not

over-rate the bishop’s receipts from this “little farm;” and one hundred

thousand pounds in twenty years from one estate is not so bad.

With the exception of the Great Western Railway Bills there has been, so

far as I know, only one Act of Parliament passed since the great Act of

1825, having especial reference to the Paddington estate. This was “an

Act for confirming and carrying into execution certain articles of

agreement made and entered into between Charles James, Lord Bishop of

London, the Trustees of the Paddington estate, the Grand Junction Canal,

and the Grand Junction Water Works Companies, and for other purposes

therein mentioned.”

By this Act we learn that the Grand Junction Water Works Company, having

erected other works and reservoirs near Kew Bridge and at Camden Hill,

were desirous of using their land in Paddington for building-ground, as

it had become much more valuable for that purpose than for the purposes

for which it was originally leased. To enable them to do this the

Company had to apply to the Bishop of London, and the trustees for their

consent; and this consent was granted, upon condition “that the said

sites, as well the freehold as the leasehold parts thereof, shall be laid

out and built on by such class and description of buildings as approved

by the surveyor of the Paddington estate.” “And also upon condition that

the said Company shall give up and relinquish, for the site of an

intended hospital,” a plot of ground two hundred feet from north to

south, and one hundred and eighty feet from east to west; and also give

up and relinquish another plot, seventy feet by one hundred feet, “for

the site of an intended new church.”

By this Act the Grand Junction Canal Company are for ever released and

discharged from all covenants, agreements, and undertakings, relating to

the powers and privileges of supplying with water the inhabitants of this

parish; and the Grand Junction Water Works Company take upon themselves

their liabilities in this respect: the bishop, and trustees, agreeing to

lease the land, already occupied by this Company, with the exception of

the plots mentioned, “at the yearly rent of a peppercorn.” The expences

of this Act were to be wholly borne by the Company, and the Company are

bound by it to provide the inhabitants of Paddington, and parishes and

streets adjacent, with water as heretofore. The tenants of the

Paddington estate, “including the inhabitants of the houses proposed to

be built on the sites of the said present reservoirs and other works of

the said Company,” to be supplied with water at the reduced rate of ten

pounds per cent., as provided for by previous Acts.

We have already seen how preceding Acts direct that “no fine, premium, or

foregift, or any thing in the nature of a fine” should be taken on

letting any portion of the land which Parliament permitted to be let for

building; excepting at the end of the terms for which the first leases

were granted; but this arrangement extended only to four hundred acres,

and as the situation of these acres was nowhere defined in these Acts,

the Great Western Railway Company, when they wanted thirty-nine acres of

land belonging to this estate for the completion of their line and

terminus, obtained the same at a rent of sixty pounds, thirteen

shillings, and seven-pence three-farthings per annum, per acre, {96} upon

paying the present bishop and the lessees of the estate £30,000.

Since this bargain was struck the bishop and his lessees have sold other

parcels, though at a less famous figure.

On the nineteenth of February, 1841, a special meeting of the Vestry of

Paddington was called to receive and take into consideration a

communication from the Lord Bishop of London, respecting a piece of

ground west of the church-yard. It was feared this breathing spot was

about to be purchased by the insatiable builders. So, besides the

“cordial thanks of the vestry for his kind and timely communication,” an

offer of £3500 was made to the bishop and his lessees for this little

lot. Four thousand pounds, however, was the lowest sum they would take

for this portion of the old green; and the vestry were obliged to be

content with the southern portion; for which the parish paid £2000. The

northern portion was sold to one of the much-dreaded builders; and is now

covered with houses; while on that portion purchased by the parish the

new Vestry-hall is being built; to lay, if possible, the ghosts which are

said to have haunted it.

On the first of April, 1845, the Vestry received a letter from Messrs.

Budd and Hayes, stating that the portion of “The Upper Readings,” found

by the recent admeasurement of Mr. Gutch to be 5a. 2r. 27p., may be

secured by the Vestry for the purposes of building a workhouse thereon;

“provided that the powers of the local Act are sufficient to enable his

lordship and the trustees to effect such sale;” and that £5,700 be given

for the same.

Another portion of “The Upper Readings” was sold to the trustees of the

Lock Hospital. Subsequently to these purchases, some mutual exchanges

took place, which have reduced the workhouse plot to 5¼ acres, and the

cost of the land to £5,168 15_s._

Other facts relative to this estate, will be found in the next part of

this Work, and after perusing them, in conjunction with those I have

collected in this, I think my readers will conclude, with me, that the

inhabitants of Paddington—who have to pay the owners of the Paddington

Estate most exorbitant prices for the privilege of living on their

land—owe but little gratitude to these lords of the soil for the small

favours they have given, in return for the enormous wealth the industry

of others is placing in their hands.

PART II.

THE PARISH AND THE PEOPLE.

CHAPTER I.

DEFINITION—SITUATION—BOUNDARIES AND EXTENT—GENERAL AND MEDICAL

TOPOGRAPHY—ETYMOLOGY OF NAMES—ORIGIN.

BLACKSTONE defines a parish to be “that circuit of ground which is

committed to the charge of one parson, or vicar, or other minister having

cure of souls therein.” In ordinary language a parish is “that place, or

district, which manages its local affairs, and maintains its own poor.”

Newcourt says, “This parish of Paddington (which is a very small one) is

within the liberties of Finsbury and Wenlakesbarn, and lies about three

or four miles north-westward from London.”

Lysons tells us, that “The Village of Paddington is situated in the

hundred of Ossulston, scarcely a mile north of Tyburn turnpike, upon the

Harrow-road.”

All the other descriptions of the situation of the “pretty little rural

village of Paddington,” which I have seen, resemble these given by

Newcourt and Lysons; but these are now so inapplicable to its present

state, that it would be useless to quote from other authorities.

The hundred of Ossulston originally comprised, as I have already

observed, nearly, if not quite, half the county of Middlesex; but after a

time “the liberties of Westminster,” and “the liberties of London,” were

taken out of this hundred: that is to say, these places became of so much

importance as to claim and obtain separate jurisdictions. The hundred of

Ossulston was then reduced to a small portion of the county north and

east of London, while by far the greater part of the old hundred, still

waste and wood, was included under a separate jurisdiction, called in the

old maps “Fynnesberry and Wen Lax Barne.” Another re-arrangement however

has taken place; the ancient liberties of Finsbury and Wenlakesbarn are

now included in the hundred of Ossulston; the hundred itself is separated

into four divisions, and Paddington is included, with certain other

districts, in “the Holbourn division” of this re-arranged hundred.

It has been shown, too, in the previous part of this Work, that the

district, first known by the name of Paddington, was, very probably,

confined within the comparatively small space bounded by the two Roman

roads and the bourn; and that, antecedently to the establishment of this

separate district, it formed a portion of the Tybourn manor. It is also

very probable that Paddington was included in the Parish of Tybourn,

before the monks of Westminster established their claim to it, and

annexed it to St. Margaret’s. At a later period, when Paddington became

a separate parish, the whole of that district which is now known as

Westbourn; the manor of Notting Barns; and all that Chelsea now claims

north of the Great Western Road; as well as the manor of Paddington, and

a considerable portion of that which now belongs to Marylebone, were

included in it.

The post-office authorities, even to this day, include a considerable

portion of Marylebone in their map of Paddington; and if we take the “Via

Originaria” of the Romans, “The Watling Street” of former days, to have

been the eastern boundary of this parish at all periods, still even that

would give to Paddington a long strip of the south-west corner of the

present parish of Marylebone; for I think those who will examine this

subject, will come to the conclusion, that the old Roman road was that

road which is seen in Rocque’s maps, continuing in a straight line from

Tybourn-lane along the high ground to the top of Maida-hill.

In “Baker’s Chronicle of the Kings of England,” p. 313, we find a record

of many works of public utility, performed, in the reign of Edward the

sixth, by the Rowland Hill of that day. And in the third year of that

king’s reign, when Sir Rowland was Lord Mayor of London, we find it

chronicled “that he likewise made the highway to Kilburne near to

London;” previously to which time, I presume, the old military way was

the only road in use.

In Rocque’s maps we see three roads branching off in a northerly

direction from the Tybourn-road (now Oxford-street); one, opposite North

Audley-street, another, opposite Tybourn-lane (now Park-lane), and the

third, the present Edgeware-road. I believe it was the road nearest the

city which was made by Sir Rowland Hill; the central one, as above

indicated, being the ancient Roman road; and the present road being the

most modern; but both “Watling-street” and “Watery-lane” are now

obliterated from the map; and the land occupied by these roads, with the

triangular or gore-shaped piece which lay to the west, between the

ancient road and the present Edgeware-road, now forms a portion of the

adjoining parish.

It was on this piece of land, the highest point of ground on this part of

the Tybourn-road, that the gallows was erected when it was removed from

“The Elmes.”

Whether the Great Western-road took a more southerly course previously to

“the Hyde Farm” having been converted into Hyde, or “High,” Park, by

Henry the eighth, I do not know; but from the facts already advanced, it

appears certain that this triangular-shaped parish was at one time a much

larger triangle than it now is; the base of which, in all probability,

extended from Shepherd’s Rush to Kilbourn Bridge.

At the present time the eastern boundary of Paddington parish is formed

by the Edgeware-road from where Tybourn-gate stood in 1829, {103a} to

where Kilbourn-gate now stands; the southern boundary being marked out by

the Uxbridge-road from its junction with the Edgeware-road to the head of

the Serpentine, with the exception of that piece of Tybourn-field which

was sold for a burying-ground to St. George’s, and which now, with St.

George’s-terrace, forms a portion of that parish. Paddington claims a

considerable strip of Kensington-gardens, and is bounded west and

north-west by an imaginary and irregular line, known only to the

authorities and a few parish boys, which runs over and through houses,

greenhouses, &c., from the centre of the road opposite Palace-gardens, to

Kilbourn-gate. Or, to use the official words of the district surveyor,

“Paddington is bounded on the north by the parish of Willesden; on the

south by the parish of St. Margaret, Westminster, and St. George,

Hanover-square; on the east by the parish of St. Mary-le-bone; and on the

west by the parishes of St. Mary Abbots, Kensington, and a detached part

of St. Luke, Chelsea.” {103b}

In the population-returns for 1831, this area was said to contain 1,220

acres of land. Whether this return was made for the sake of giving round

numbers, or whether the parish has extended during this century, I cannot

say; but Lysons says that “Paddington contains, according to an actual

survey in the possession of William Strong, esq. (a former bishop’s

agent), 1197a. 3r. 30p.” In the “Registrar-General’s Report on Cholera

in England, 1848–49,” I find the “area in acres” of Paddington put down

at 1277. This estimate was given to the Registrar-General by Captain

Dawson, R.E. of the Tithe Commission. {104a}

Lysons tells us, “the soil in the neighbourhood of the village is

principally factitious, having been much enriched by great quantities of

manure. On the east of a little brook which runs by Kilbourn and

Bayswater, the soil is a thin clay upon a dry bed of gravel; on the west

side of this brook a deep clay, the springs lying very far beneath the

surface.” In proof of which he states that a well sunk by Mr. Coulson,

of Westbourn house, had to be dug 300 feet deep before water was found;

the earth of the first 100 feet, he tells us, was a bluish clay, “then, a

thin stratum of stone, then, another bed of clay.” In another well, dug

in the same neighbourhood, water was found at the depth of 250 feet.

These statements respecting the water must be taken to refer to the

valley through which the Westbourn ran; for on the eastern side of the

brook, south of Maida-hill, and on the eastern side of Craven-hill which

lies to the west of the stream, many wells existed which were not more

than ten or fifteen feet deep. {104b} Indeed, Lysons tells us, that “the

springs at Bayswater lie near the surface, and that the water is very

fine.” In fact, the people of Paddington seem to have had no lack of

water, nor any reason to complain either of the quality or cost of this

essential element of life.

Previously to the present century, the most desirable spots in the

district had been selected for the dwellings of the inhabitants; and when

the bishop’s first building Act was granted only 200 acres were allowed

to be built on, because the other portions of the estate were not

considered “fit for building purposes.” But the modern builder’s art

despises any delicate notions about fitness or unfitness for the

situation of a house. A plot of ground shall be covered; a street shall

be built, says the money-making builder; and, when the street is

finished, who will know whether this or that particular house is built on

gravel, or clay, or mud? Who will take the trouble to ascertain whether

the elevated road to his entrance-hall, or the spot on which his house is

placed, was made by nature’s laws, or by the scavenger’s cart? As to the

drainage of the house, and the supply of water, these are hidden

mysteries, with which no dweller in a house, except a master-builder, is

expected to trouble himself. Respecting any of these matters, the owner

of the soil will be rarely found to interfere, excepting it is to take

part with the builder; for the value of his land has been enormously

increased by that industrious speculator.

Fortunately, however, those who live in houses, are beginning to find out

that not only the healthfulness of their own dwelling, but that of their

neighbours also, very much concerns them. Fortunately, too, especially

for the dwellers in large towns, men who have made hygeic science a study

cannot be sneered down, or “put down” by “practical builders.” But until

_the people_ thoroughly understand the nature of those requirements which

constitute healthful dwellings; and until they are determined to press

upon the legislature the enactment of those laws which are necessary to

constitute them such, and to restrain, by more stringent laws, the lust

after mammon of “the speculative builder,” both their health and life

will remain in very unsafe keeping.

The builder may say that the legislature of a country has no right to

interfere in an affair of so private a nature as the building of a house;

that every man is able to judge for himself in what house he will live;

and that it is his own fault if he take a bad one. So long as houses

were built to last _more_ than ninety-nine years, and were nearly a mile

apart, all this may have been true, but experience has taught us that

this does not hold good when applied to towns; it has taught us that

cities would be in a much worse state than they now are but for those

inefficient laws which exist at the present time; and it has taught us

that to choose an abode in ignorance of almost all the necessary

requirements which constitute a healthful dwelling is a species of

ignorance by no means of the blissful family. To distinguish good from

evil in every object which surrounds us is one of the necessities of our

nature; to have “a foe under foot,” {105} a foe overhead, and a foe on

every side, without a determination to subdue this legion, does not say

much for the wisdom either of the governors, or the governed; and to care

nothing about the expenditure of millions collected annually for local

purposes, is no proof of confidence in the governors, is no proof of the

happiness or wisdom of the governed; it may however prove, that the

people are “silly sheep” {106} who may be shorn by any tool, at the

bidding of any despot.

Experience has proved that no more healthful situation for a town can be

chosen, than elevated ground above the banks of a pure stream; and those

who fixed on the south portion of the Westbourn district, and on the site

of the old village of Paddington, as spots for their dwellings, could not

have been ignorant either of the material advantages such situations

afforded, or of the effects produced both on the mind and body by the

beauty and salubrity of these localities.

If we spoke of the beauties of Paddington to those whose acquaintance

with this place is of recent date, they would naturally think we were

about to describe the gorgeous mansions of the fashionable “Tyburnia.”

But the old village of Tybourn, or Westbourn, and the new town of

Pædings, were surrounded by a greater combination of natural beauty than

those who have not studied the ancient topography of this district can

well conceive.

Out of thirty-seven districts, into which, for certain special purposes,

the Registrar-General has arranged London and its vicinity, in a series

of excellent tables contained in his very valuable Report on Cholera, we

find that there are only four parishes of greater average elevation than

Paddington; the estimated elevation of this parish above Trinity high

watermark being seventy-six feet; Pancras eighty; Islington eighty-eight;

Marylebone one hundred; and Hampstead three hundred and fifty.

On referring to those accurate and beautiful surveys published by the

Ordnance Map-Office, I find that the highest point in Paddington, the

peak of Maida-hill, rises to 120 feet 9 inches, while the lowest,

Elms-lane, sinks to 57 feet. In fact, Paddington consists chiefly of two

hills, Maida-hill and Craven-hill; the north-eastern slope of

Notting-hill; and a valley, through which the Tybourn ran. In the south

part of the parish this valley is very narrow, but to the north it

spreads out into Maida Vale.

Woodfield road, and the neighbourhood, is another elevated spot in

Paddington, but in the whole of that part of the parish, as well as in

Maida Yale, the clay is immediately below the surface. In some places

the surface has been raised by the earth dug out of the Canal, and in

others, by deposits brought from other parts of London; indeed the

alterations which have taken place, inconsequence of the removal of the

natural soil, and the addition of “made ground,” make it difficult to

tell what is the natural elevation of any particular spot in the parish.

The tables from which I have just now quoted, and other authenticated

statistical accounts, tend to prove that the number of feet we live above

high water-mark is an appreciable quantity in the account of health and

disease, life and death. But elevation is only one item, though an

important one, in this important account. The _nature_ as well as the

_height_ of the soil on which we live, influences the health and life of

every living being.

A considerable portion of the ground, composing the south and

south-eastern parts of Paddington, consists of sand and gravel; the

northern and north-western parts being clay. Vast quantities of the

former have been removed; and although the Paddington soil was

sufficiently “factitious” at the time Lysons wrote, it has become much

more so since that time. Those only who have carefully watched the modes

which have been adopted to raise the ground for making new roads, and for

elevating the basement of houses in certain parts of this parish, can

form any idea of the immense quantity of “rubbish” which has been “shot

here.” As to the nature of a great deal of that rubbish, I will not

offend my readers by attempting any description. Suffice it to say, that

thousands of loads of sand and gravel have been taken away since the Act

passed which permitted the sale of this natural soil, and vegetable and

animal matters of all kinds, and in all stages of putrefaction, have been

emptied into hollow places. Besides the effect produced by the poisonous

gases which must arise from such factitious soil, other bad effects

frequently follow the removal of the natural earth and the substitution

of made ground. All the house-drains which are laid on the latter, sink,

and in a short time become either partially, or wholly, useless for the

purpose for which they were made; and new drains, constructed at great

expence and inconvenience, are necessary. When from this or any other

cause, the drain does not empty itself into the common sewer, it is

emphatically termed by the men who work in the sewers, “a dead’un.”

Having for several years lived in a house which owned one of these dead

drains, and having been very nearly “a dead’un” myself in consequence, I

was led to enquire into this subject somewhat minutely; and although the

drainage of an immense city is too important a subject to be treated of

by the topographer in a sketch of a single parish, yet I cannot refrain

from saying a word or two in this place on a point of such vital

consequence.

The Thames having been most mischievously used as the great common sewer

for London and its neighbourhood; and Paddington which is so much above

its level, having been drained into it, one would have imagined that the

system of drainage here would have completely removed all debris from so

elevated a spot. Such, however, has not been the case, as I have learned

from the Reports of the Sewer Commissioners, and from a personal

inspection of some of the sewers.

Nothing worthy the name of a system of drainage, can be secured, till the

great river, which was intended by its Creator to bring health and life

to the people, instead of being made by man the instrument of his own

disease and death, is freed from the sewerage of a whole metropolis: yet

much good may be done in the mean time, and at a comparatively small

outlay.

Thousands of drains, now existing, have been made of such porous bricks,

and these have been placed side by side with such an unadhesive layer of

dirt, that instead of acting as an impervious tube through which the soil

could pass to its destination, the common sewer, the bottom of the drain

acts as a mere filter for its contents. Glazed earthenware pipe-drains

have been introduced to obviate this and other great evils; and the

dwellers in towns have seldom had a greater blessing befall them, than

this discovery. These tubular drains are cemented together, so as to

form a hollow tube, and are laid at so much per foot under the regulation

of the Sewers Office, by workmen who understand what a _house-drain_

should be; and it must be understood that a _house_-drain and a

_field_-drain are two distinct things; though very many builders have

thought what would do for one, would do for the other.

Why there is not a good system of main drainage for London; why the

Thames is still made the generator of disease and death, I do not know,

except it be to shew the inefficiency of our governors; but if the New

Sewers Commission had done no other good, it deserves praise for the

facilities it has given for the use of this more perfect system of

house-drainage; and after all it is of more consequence that the drain to

the sewer should be perfect, than that the sewer itself should be so,

although the latter is undoubtedly essential.

All those who wish to live in a healthful house, will adopt this tubular

system of house-drainage; but those who cannot or will not have a perfect

drain, may adopt a small part of the modern tubular system with great

advantage and at a trifling cost. At present, the great majority of

drains open directly into the common sewer, and act as chimnies for the

conveyance of poisonous gases into the interior of the houses, the

water-traps only partially preventing this evil. Others enter the sewer

so low, that when they are not performing this office, they frequently

form a portion of the common sewer itself, and are invariably filled with

its contents, when “flushing” is performed.

A simple lid of glazed earth, hanging from the upper part of the mouth of

the drain, provides against these evils to a very great extent; and this

precaution should always be used, till a more effectual substitute is

found.

Some portions of Paddington which have been built on, are amongst the

most desirable spots, as places of residence, to be found in the

immediate vicinity of London; and these would be rendered unexceptionable

by a perfect system of water supply and drainage. But, as yet that good

time has not come even for the most healthful and most fashionable houses

in Tyburnia.

So much has been said and written on the subject of burying the dead in

the midst of the living, that it would appear useless to add another word

on this subject; and at length some of the effects produced on living

bodies by the poisonous gases which arise from church-yards are well

known.

We have already seen that Paddington is blessed with two burying grounds,

one of which was established for the benefit of the rector of St.

George’s, Hanover-square, and his rich parishioners; and although this

burial-ground was at one time extra-mural, the inhabitants of

Albion-street, Upper Berkeley-street, Connaught-square, and St.

George’s-row, have found out that it is no longer so. For some of the

particular evils attendant on having this large burial-ground surrounded

by houses, I must refer my readers to “_An account of the measures

__adopted by the Medical Practitioners residing in the Western District

of Paddington_, _to obtain the_ CLOSURE _of the_ BURIAL-GROUND _situated

in the_ UXBRIDGE ROAD,” and to a Return on the Metropolitan Burials, Act,

just printed by order of the House of Commons. For an exposition of the

general evils of intra-mural interment, and an account of some of the

disgraceful practices connected with it, I cannot do better than refer to

“GATHERINGS from GRAVE YARDS,” and Mr. Walker’s other works on these

subjects.

To secure a healthful dwelling, then, it is necessary to know something

of the elevation and the nature of the soil; the quality of the water;

the efficiency of the drainage; the size of the house relative to the

number of its intended inhabitants; and indeed, all those considerations

which influence the quality of the air we breathe, should be taken into

account. But it is not my intention to enter into an examination of all

the items which compose a healthful dwelling; much less to count up those

points which give an ideal value to a house on a “Bishop’s Estate,”

though, judging from the puffing advertisements, which for years crowded

the advertising columns of the _Times_, there must have been great and

healing virtues in these magic words. In those advertisements, however,

we saw no account of the contracted area; the deep narrow back yard; the

thin and crumbling walls; the gaping doors and windows; the damp and ill

ventilated basement; the absence of drainage; the want of bath-rooms, &c.

&c.;—all such things had to be found out by the in-coming tenant, and

remedied at his cost. But for the want of these essentials, the “pretty

paper,” or the “handsome cornice,” made but poor compensation, even in

houses advertised for sale at a few thousand pounds, “with a trifling

ground-rent of seventy-five pounds per annum.”

Many suggestions have been offered relative to the derivation of the word

_Paddington_; but that suggested by Mr. Kemble—one of the greatest living

authorities on antiquarian topography—seems to me to be the most

deserving consideration. Mr. Kemble observes, in his preface to the

third volume of the Codex Diplomaticus, that the Anglo-Saxon, like most

German names of places, are nearly always composite words; that is, they

consist of two or more parts; the second generally of wide and common

signification; the first a kind of definition limiting this general name

to one particular application.

The former portion of these compound names, he says, may be classed under

various heads, as the names of animals, birds, trees, fishes, &c.; others

refer to mythological or divine personages; and others contain the names

of individuals and families. To this latter division he refers

Paddington in the first volume of his “Saxons in England;” where he has

inferred a mark—“Pædingas”—for the name of this place—Tun, the enclosure

or town, Pædingas of the Pædings. It is true, this is one of three

names, of which Mr. Kemble appears to entertain some doubt; but all other

explanations I have met with appear to me open to more serious

objections. Dr. R. G. Latham, the father of the modern school of English

philology, tells us that “in the Greek language the notion of lineal

descent, in other words, the relation of the son to the father, is

expressed by a particular termination;” and that this Greek mode of

expression is very different from the English termination, _son_, and the

Gaelic prefix, _mac_; which in fact make the words to which they are

joined only compound words. But he asks is there anything in English

corresponding to the Greek patronymics, and answers, “In Anglo-Saxon the

termination _ing_ is as truly patronymic as IDES is in Greek. * * * In

the Bible-translation the son of Elisha is called Elising. In the

Anglo-Saxon Chronicle occur such genealogies as the following:—Ida was

Eopping, Eoppa Esing, &c.—Ida was the son of Eoppa, Eoppa of Esing, &c.”

The learned Doctor further informs us that “In the plural number these

forms denote the _race of_—as Scyldingas—to the Scyldings, or the race of

Scyld,” {111} or Pœdingas—to the Pædings, or the race of Pæd.

With other names in Paddington there is not much difficulty.

The burne, bourn, or brook, which ran through Paddington gave its name to

a district. Tybourn I believe to have been the original name; but the

houses erected on the west side of this stream, with the district

surrounding them, were eventually called by the name of Westbourn; the

name which was given to the stream. Respecting the origin of the word

Bayswater—a name given to a portion of the Westbourn district—many

suggestions have been offered; but the first of the three given by Mr.

Osborne in his letter to Mr. Urban, in the Gentleman’s Magazine, dated

March 25th, 1798, appears to me to be the correct one. He says “Perhaps

the name of Bays is derived from the original owner of the land;” and

from the Inquisitions taken in the early part of the fourteenth century,

to be found in the first part of this Work, it will be perceived that

there was then a Juliana Baysbolle holding land in Westbourn. At the end

of the fourteenth century, we find from Tanner’s note, before quoted,

that the head of water given by the Abbot was called Bayard’s Watering

Place; and although this may have been the name used in legal documents

for the district surrounding it, yet Bays Watering has been the name used

by the people. There may, indeed, have been two watering places for the

weary traveller; and mine host Bays, and mine host Bayard, may have been

rivals for public favour; the one living on one side of the King’s

highway, and the other on the opposite.

Knotting, or Notting, seems to have been but a corruption of Nutting; the

wood on and around the hill of that name, having for centuries being

appropriately so called.

Kensell, or Kensale, comes, as I take it, from King’s-field. In the

Harleian MS. (printed at page 38,) the green of this name is called

Kellsell, and Kingefelde. In Mary’s reign, we perceive by this document,

also, that “the Green-lane” and “Kingsefelde-green” were the same place.

And as “the Green-lanes” now exist—in name—we may ascertain with

something like accuracy the situation of this field, or green, which

formerly belonged to the King.

The names of Squares, Terraces, Streets, &c., have been for the most part

furnished by the names of the owners of property, past or present, their

native counties, or country residences.

Spring-street, Brook-street, Conduit-street, Market-street, &c., point

out the situations of objects formerly on, or near, those sites.

“Tichborne-street,” although not built in the time of Henry the eighth,

reminds us of one “Nicholas Tychborne, gent., husband of the second

daughter and co-heir of Alderman Fenroper;” of Alderman Tichbourn, one of

Cromwell’s peers and King Charles’s judges; and of a dirty ditch which

ran down the side of the Edgeware-road from Maida-hill; and Maida-hill,

itself, reminds us of the famous battle of Maida. Praed-street preserves

the memory of the banker of that name; one of the first Directors of the

Grand Junction Canal Company; and of the lands they secured, as well for

the purposes for which they professedly obtained them, as for the

purposes to which they have been applied.

The name of Frederick, once well known here, became so distasteful to the

people of Paddington, that it is preserved only in a mews; while the

memory of the capacious generosity of the Lady Margaret, Countess of

Richmond, to the universities of Oxford and Cambridge, will be long

preserved in Paddington by the Squares and Terraces of those names.

There is now a Shelden-street, to remind us of a bishop’s gift to his

nephews; and a Porteus Road and Terrace, that we may not forget the good

and generous Beilby who gave away, or sold, two-thirds of the proceeds of

the Paddington estate. Pickering-place and Terrace preserve the memory

of a former curate, and of a friendly Chancery suit relating to the

property here; and while all sorts of changes are rung on the names of

the living, it has been thought expedient to place Blomfield and Cromwell

Terraces in a continuous line in the highway to a Public School.

The civil division of the land, recognised by the Anglo-Saxons, were the

Mark, or March; the Gâ, or Shire; and the Hid, or Hide. To understand

these divisions, as Mr. Kemble has described them, is to comprehend the

natural origin of every inhabited place in this country; and the origin

of all our constitutional law.

The Mark he describes to be the smallest and simplest division of the

land which was held by many men in common, or by several households under

settled conditions, the next in order to the private estates, the hids or

alods of the markmen. “As its name denotes, it is something marked out

or defined, having settled boundaries; something serving as a sign to

others, and distinguished by signs. It is the plot of land on which a

greater or lesser number of free men have settled for the purposes of

cultivation, and for the sake of mutual profit and protection; and it

comprises a portion both of arable and pasture land, in proportion to the

numbers that enjoy its produce.” {113} Other meanings were attached, to

this word, Mark, which are thoroughly examined by this learned historian,

and to his works I must refer those of my readers who wish to obtain a

complete insight into the ancient divisions of the land, and the manners

and customs of our Saxon ancestors.

The Gâ or Shire was but a number of these marks united under one general

government.

The Hid or Hide was “the estate of one household, the amount of land

sufficient for the support of one family.” By a series of learned

calculations and investigations Mr. Kemble has proved that the hide was a

stated quantity of _arable_ land, not much over thirty Saxon acres, equal

to forty Norman acres; he shews that the Saxons had a large and a small

acre, and explains, by this fact, how the hide came to have been

considered one hundred and twenty acres. He shews that the forest,

meadow, and pasture-land was common property; and that it was attached to

the hyde as of common-right. But, for a complete exposition of this

subject, I must also refer my readers to the fourth chapter of the first

book of Mr. Kemble’s history.

The fact of Paddington in Surrey, or “Padendene” as it was called, being

mentioned in the Conqueror’s survey, {114a} while Paddington in Middlesex

was not noticed, inclines me to believe the _dene_, or _den_, in Surrey,

was the original mark of the Pædings; and that the smaller enclosure in

Middlesex was at first peopled and cultivated by a migration of a portion

of that family from the _den_ when it had become inconveniently full.

I do not mean to say the Surrey valley was too crowded when this

migration took place; but the lord, or his man, one or both might have

pressed a little too hard on some of the young cubs in the Surrey den;

and as they had no Press through which to make their wrongs known, they

may have thought it best to move off before any other wrongs were

inflicted.

At what period this migration happened, it is impossible to say; but

there is very little doubt that the first settlement was made near the

bourn, or brook, which ran through the forest. And this brook, though

now a deep under-ground sewer {114b} which has been made, by the aid of

the mason, to give a few more ground-rents to the bishop and his lessees,

while it carries its hidden pollution to the capacious bosom of “Father

Thames,”—once gave life to a most beautiful valley, and was itself, at

times, no insignificant stream. At the beginning of this century it was

a favourite resort for the young fishermen; and, as depicted in Norden’s

Map of Middlesex, {115a} we see what it was in the time of Elizabeth,

when the waters, taking their natural courses from the hills of Hampstead

and Highgate, found their way into it.

What amount of disease and death has been caused by the impurities it has

been made to hold since that time is a mystery; but one into which those

have had a peep, who have taken the trouble to read the disclosures which

have been made respecting the Serpentine, {115b} into which it was for

years made to pour its many abominations.

By the side of a pure and then beautiful stream, at a later period named

the Westbourn, the first “clearing” was made; and in all probability on

the eminence above this brook, perhaps on the very spot where the first

Christian temple was raised, the inhabitants of this Mark first offered

up their adoration to that God which their intelligence had taught them

to worship; and let not those who occupy their places in well cushioned

pews near this spot, decry or despise that worship; for it was the

sincere and spontaneous act of the unenlightened mind, unmixed with the

sins of a cold formality, or the hypocrisy of a political sham. However

misguided our ancestors were, they were sincere, and they wanted not the

support of the State to bolster up their peculiar dogmas, but freely

consecrated a portion of the Mark to the services of religion. And the

present christian Bishop of London, and his lay lessees, may now have the

honour of receiving the proceeds of land once dedicated to Pagan worship.

{115c}

The Mark included a considerable extent of the forest around the portion

cleared; and this portion of the Mark, the forest or waste-land, was, as

we have seen, the common property of the inhabitants. To protect their

rights in this common property against powerful and ambitious

individuals, was for centuries the constant care of the people, as it was

the special object of many of our ancient laws. How these laws were

evaded; how by force or fraud “the lords of the soil” managed to transfer

those lands to their own keeping; and how cunning and designing men have

over-reached them in return; so that, at last, scarcely a scrap of all

their former rights remain to the public, for public uses, I have made

some attempt to tell, so far as the Paddington Mark is concerned. But a

complete history of these transactions remains to be written.

The formation of the Mark, and the reception of its occupants into the

family of the state, were not the work of a day: and these long preceded

the parochial arrangement; which latter, indeed, was an ecclesiastical

division of the land, said to have been introduced into England in the

seventh century by Honorius, Archbishop of Canterbury: but this is

evidently one of those errors so common in history, where one man is

often credited or debited with deeds which belong to, and should be

fairly divided among many individuals. It is this error, as Mr. Kemble

has most strikingly pointed out, which has frequently made a saint, or a

devil, when no heroic quality belonged to the person so set on high for

admiration or detestation.

Modern research has made it pretty certain that the ancient parishes,

“parochiæ,” of England were the districts adopted by the several teachers

of Christianity who first promulgated the truths of the gospel in this

country. These divisions, made for securing the spread of the “Good

News” through the whole of the country, must necessarily, at first, have

been very rudely defined—but then there was not, at that time, any fear

that these overseers, or bishops, would set people by the ears about

territorial titles. They were much better occupied, by the promulgation

of God’s tidings, than to trouble themselves about those things which

have lately become of so much more concern to christian bishops than the

conversion of the heathen; and when those earnest and good men were

assisted by others whom they had imbued with their religious spirit they

lived in one house, in common, on the free-will offerings of a grateful

people.—The overseer of the district being their overseer, and his

parish, their parish.

As the religious wants of the people increased, these centres were found

to be inconveniently remote from the circumference. The teachers, too,

considerably increased in numbers; they demanded as a right that which

had been conceded as a favour; and ambition creeping into their

community, as their riches increased, separate spheres of action because

additionally desirable. So at length, and by degrees, our present

parochial system arose; the sub-divisions bearing the same name, diocese,

or parish, as the original divisions had done.

CHAPTER II.

THE PARSON—ORIGIN AND USE OF TITHE—PARSONAGE, RECTORY, OR

VICARAGE—APPROPRIATION, AND IMPROPRIATION—A LIVING—A SINECURE—A CURACY

WITHOUT THE MEANS OF CURE.

“A PARSON, _persona ecclesiae_,” says Blackstone, “is one that hath full

possession of all the rights of a parochial church. He is called parson,

_persona_, because by his person the church, which is an invisible body,

is represented; and he is in himself a body corporate, in order to

protect and defend the rights of the church, (which he personates,) by a

perpetual succession. He is sometimes called the rector, or governor, of

the church: but the appellation _of parson_ (however it may be

depreciated by familiar, clownish, and indiscriminate use) is the most

legal, most beneficial, and most honourable title that a parish priest

can enjoy; because such-a-one (Sir Edward Coke observes) and he only, is

said _vicem seu personam ecclesiae genere_. A parson has, during his

life, the freehold in himself of the parsonage-house, the glebe, the

tithes, and other dues. But these are sometimes _appropriated_; that is

to say, the benefice is perpetually annexed to some spiritual

corporation, either sole or aggregate, being the patron of the living;

which the law esteems equally capable of providing for the service of the

church, as any single private clergyman. This contrivance seems to have

sprung from the policy of the monastic orders, who have never been

deficient in subtile inventions for the increase of their own power and

emoluments. At the first establishment of the parochial clergy, the

tithes of the parish were distributed in a four-fold division; one for

the use of the bishop, another for maintaining the fabrick of the church,

a third for the poor, and the fourth to provide for the incumbent. When

the sees of the bishops became otherwise amply endowed, they were

prohibited from demanding their usual share of these tithes, and the

division was into three parts only. And hence it was inferred by the

monasteries, that a small part was sufficient for the officiating priest;

and that the remainder might well be applied to the use of their own

fraternities, (the endowment of which was construed to be a work of the

most exalted piety,) subject to the burthen of repairing the church and

providing for its constant supply. And therefore they begged and bought,

for masses and obits, and sometimes even for money, all the advowsons

within their reach, and then appropriated the benefices to the use of

their own corporation. But, in order to complete such appropriation

effectually, the king’s licence, and consent of the bishop, must first be

obtained: because both the king and the bishop may sometime or other have

an interest, by lapse, in the presentation to the benefice; which can

never happen if it be appropriated to the use of a corporation, which

never dies: and also because the law reposes a confidence in them, that

they will not consent to any thing that shall be to the prejudice of the

church. The consent of the patron also is necessarily implied, because

(as was before observed) the appropriation can be originally made to

none, but to such spiritual corporation, as is also the patron of the

church; the whole being indeed nothing else, but an allowance for the

patrons to retain the tithes and glebe in their own hands, without

presenting any clerk, they themselves undertaking to provide for the

service of the church.” {118}

The great modern historian of our ancestors—Mr. Kemble—also informs us

that the tithe—that property which cunning and selfish individuals in the

course of time, and little by little, appropriated to their own uses—was

originally divided into three portions: one for the reparation of the

church; a second to the servants of God; “and a third to God’s poor and

needy men in thraldom.” And Mr. Kemble further states that when the

accidental oblations were replaced by settled payments, whether land or

not, they were directed to be applied in definite proportions to these

objects.

So that the maintenance of the place of religious worship was as much

provided for as the clergy who were to do duty therein; the poor, too,

were equally taken care of, at the same time and by the same means; for

to use the emphatic words of this great historian, “the state had a

poor-law and the clergy were the relieving officers.” Mr. Barnes, the

registrar of the diocese of Exeter, in his examination before the select

committee of the House of Commons, on the fourth of July, 1851, {119a}

says, that he believes Blackstone was mistaken in attributing the charge

of the repair of the church to the tithe; but I think Mr. Kemble has

fully established the truth of the position taken up by that learned

Judge.

And this was not all, the bishops, and clergy, were to feed the poor out

of their own incomes. A parson who possessed a superfluity and did not

distribute it to the poor was to be excommunicated. And the clergy were

to practice handicrafts, “not only to keep them out of mischief, but to

help to feed their poor brethren.” Many of them were masons; and Mr.

Kemble is of opinion that more churches existed in the tenth century than

at the present time.

Before that time there appears to have been “a tendency to speculate in

church-building;” for the sake of obtaining “the oblations of the

faithful;” the builders claiming for themselves that portion of the

church—_the altare_—on which the offerings were laid.

To ensure the support of the churches so built on speculation, the

bishops found it necessary “to insist that every church should be endowed

with a sufficient glebe or estate in land: the amount fixed was one hide,

equivalent to the estate of a single family. Which, properly managed,

would support the presbyter and his attendant clerks.” And this

glebe-land the bishop could not afterwards interfere with, or alienate

from the church to which it was given.

Mr. Kemble also tells us that by the time of Eàdgàr it had become quite a

settled thing to pay tithe; “the English prelates having laid a good

foundation for the custom long before they succeeded in obtaining any

legal right from the state.”

He also states that “cyricsceat,” (as the church-tax was called,) was

“originally a recognitory service due to the lord from the tenants of

church-lands. But that in process of time a new character was assumed

for it, and it was claimed of all men alike as a due to the clergy.” And

then those who refused to pay were visited by the king’s reeve, by the

bishop’s, and by the mass-priest of the minster, {119b} and they took “by

force a tenth part for the minster whereunto it was due.” A ninth part

only was left for the refractory subject. While the other eight parts

were divided into two. And of this, says the ordinance, “let the

landlord seize half, the bishop half, be it a king’s man or a thane’s.”

{120}

I think it not at all unlikely that those who cultivated the soil in

Paddington received no friendly visits from the tithing man till the time

of Edgar. Dunstan, at this time Abbot of the Monastery he had restored

at Westminster, looked, without doubt, pretty keenly after the loaves and

fishes which were to feed his little flock; and as the enclosure of the

Pædings was not too far north to escape his acute glance, he might have

been the first who took tithe here. When Bishop of London, which he was

at the time of his pretended gift of the little farm, he might, too, have

obtained property here, as elsewhere, by the means above indicated. For,

if any of the accounts we have of him be true, he was evidently not the

man to fail in carrying out any scheme of aggrandisement which he had

once planned, even when the law was not, as it was in this case, in his

favour. And even so late as the tenth century of the Christian era, some

inhabitant of this place might have been found, whose refractory and

pagan spirit prevented his seeing all the justice and good policy there

might be in giving up quietly the tenth portion of his produce to the

monks of Westminster. Those monks, in Dunstan’s time only ten in number,

though able to visit Paddington occasionally, were too much engaged at

Westminster to pay that attention to this little settlement which was

required to teach the inhabitants all their christian duties.

If this saint, who so honoured the old gentleman’s nose, did in truth

first tithe Paddington, he may, in one sense, be said to have bestowed on

his monks a small estate here; for this impost remained from his time to

the Conquest as a fixed charge on the land. And those who first received

tithe here (being, in all probability, sufficiently impressed with the

necessity of appropriating it according to law) may have built a chapel

in Paddington, with that portion which was legally assigned for the

support of a material structure in which the services of the church might

be _performed_.

There is yet another “probable supposition,” viz. that a speculating

builder existed among the Pædings, even in those days, who, for the sake

of what he could get for himself, built a chapel here; and the clever

Dunstan, or some other bishop, having caught him in thus defrauding God,

and God’s poor, made him give a hide of his land to endow the place he

had built for his own profit: and who knows, if this were so, but that

this churl (ceorl) was aping his betters in some other mark, by aspiring

to be greater than he really was; for by a law of Athelstan’s a freeman

“who had the possession and property of full five hides of land, and had

a church, a kitchen, a bell-house, and a hall, was henceforth entitled to

the rank of a Thane.” {121}

We have already seen that a chapel was built and endowed in Paddington

before the ecclesiastical decree of 1222 assigned this district, with

those of Westbourn and Knightsbridge, to St. Margaret’s, Westminster.

And one may well suppose, if no Tybourn rector interfered, that a parson

was appointed to the cure, and a district assigned to him, whenever this

building was erected; and to say that one of the monks who lived in the

Convent at Westminster, under the laws and regulations of St. Benedict,

was the person first appointed to this cure, does not, surely, invalidate

that supposition.

Paddington, therefore, may have existed as a rectory and a separate

parish, before the beginning of the thirteenth century—before the decree

of Stephen Langton, and his brother-priests, converted it into an

appendage to a vicarage. But this benefice having been thus appropriated

to the use of their own corporation by the company of Benedictin monks,

the rectory, if there had been one, became a sinecure; and the poor souls

in Paddington were transferred to the tender care of the vicar of St.

Margaret’s.

How long Paddington remained in this unenviable condition I cannot say;

but we are told by Blackstone, that the appropriating corporations served

the churches “in so scandalous a manner, and the parishes suffered so

much by the neglect of appropriators, that the legislature was forced to

interpose: and accordingly it is enacted by statute 15th Richard II, cap.

6, that in all appropriations of churches, the diocesan bishop, shall

ordain (in proportion to the value of the church) a competent sum to be

distributed among the poor parishioners, annually; and that the vicarage

shall be _sufficiently_ endowed.” And this great Judge adds, “It seems

the parish were frequently sufferers, not only by the want of divine

service, but also by witholding those alms, for which, among other

purposes, the payment of tithes was originally imposed: and therefore in

this Act a pension is directed to be distributed among the poor

parochians, as well as a sufficient stipend to the vicar.” And he goes

on to say, “but he being liable to be removed at the pleasure of the

appropriator, was not likely to insist too rigidly on the legal

sufficiency of the stipend: and therefore by statute 4, Henry IV, cap.

12, it is ordained, that the vicar shall be a secular person, not a

member of any religious house; that he shall be vicar perpetual, not

removable at the caprice of the monastery; and that he shall be

canonically instituted and inducted, and be sufficiently endowed, at the

discretion of the ordinary, for these three express purposes, to do

divine service, to inform the people, and to keep hospitality. The

endowments in consequence of these statutes have usually been a portion

of the glebe, or land, belonging to the parsonage, and a particular share

of the tithes, which the appropriates found it most troublesome to

collect, and which are therefore generally called privy or small tithes;

the greater, or predial, tithes being still reserved to their own use.”

{122a} And thus, the appropriates of those days were compelled by

statute to provide, in some sort, both for the souls and bodies of those,

from whom proceeded the revenues of the church.

But before these statutes could be obtained, the voice of Wickliffe had

been heard not only at Lutterworth, but in London and Westminster; and

the degenerate Church, which this worthy rector denounced, could no

longer resist some of those reforms, which the State had long seen to be

necessary. {122b}

We have seen by Tanner’s note that Paddington was spoken of as a parish

in the time of Richard the second, and by the Valor Ecclesiasticus of

Henry the eighth that the rectory, no longer an appendage to St.

Margaret’s, yielded, like the manor, a separate revenue to the Abbey.

Since, then, the ancient laws were totally disregarded, and tithe, and

other church property, was perverted to individual uses for so long a

period with perfect impunity, we cannot be surprised to find these more

recent appointments were gradually evaded, or abused; so that, step by

step, the doings of that church, which still boasts of its rule and guide

over millions of minds, was so utterly detested in this country that even

the genius of a Wolsey could not save it from perdition.

And what secures and sustains the present structure? How has the church

in Paddington been supported since the Reformation?

We have already seen that the rectory was disposed of, with the manor, by

Henry the eighth, to Sir Edward and Dame Baynton. It thus became

_impropriate_. {123}

But it was again appropriated; this time by a corporation sole. For,

when the bishops of London claimed the rectory of Paddington as a “member

and appurtenance” of the manor, did they not become the real rectors of

the parish? Certainly, from time to time, since Bishop Sheldon’s day, if

not before, they have leased the rectory with the manor, and exercised

the right of appointing the curate here. Are they not, then, accountable

for the proper application of the rectory revenues? And how have these

revenues been applied?

We are informed that the fourth protestant bishop of London thought

Paddington would make a comfortable retiring pension for his porter; and

the enemies of Bishop Aylmer brought this misdeed as one of their many

accusations against him. His faithful biographer, Strype, admitting the

fact, thus defends the bishop:—

“As for the charge, that the bishop made his porter a minister; all

things considered he thought it to be justifiable and lawfully done,

and not to lack example of many such that had been after that sort

admitted, both since the Queen’s coming to the crown, by many good

bishops, and by sound histories ecclesiastical. That where churches,

by reason of persecution, or multitudes of Hamlets and free chapels,

had commonly very small stipends for their ministers, honest godly

men, upon the discretion of the governors of the church, had been,

and might be, brought in to serve, in the want of learned men, in

prayer, administration of the sacraments, good example of life, and

in some sort of exhortation. And this man therefore when the bishop

found him by good and long experience to be one that pleased God, to

be conversant in the scriptures, and of very honest life and

conversation, he allowed of him to serve in a small congregation at

Paddington, where commonly for the meanness of the stipend no

preacher could be had; as in many places it came to pass, where the

parsonage was impropriate, and the provision for the vicar or curate

very small. And how that good man behaved himself there, time and

trial proved him; for he continued in that place with the good liking

of the people eight or more years till he grew dull of sight for age,

and thereby unable to serve any longer.” {124a}

What Fletcher, Bancroft, Vaughan, Ravis, Abbot, and King did for

Paddington, I cannot tell. But the truth is, that the protestant

bishops, no more than the popish abbots, have applied the revenues of the

church to their original purposes. It is true that much of the revenue

of the church vanished at the Reformation. The great Reformers of the

Church did not possess the princely fortunes of their predecessors; or of

the present bishops. {124b} But the reformed bishops did not relinquish

the old practice of receiving fines, for granting life-leases, when the

impropriate leases dropped in. Rectory lands, and tithes, were still

badly managed; and the fines raised by leasing them were appropriated, as

heretofore, to individual uses. To such an extent was this “waste of

church lands” carried that the people saw little good had been done, in

this respect, by that revolution which had been sanctioned by Henry the

eighth.

During the next reformation another survey of ecclesiastical property was

made. Commissioners were appointed in 1649, by the parliament, to

enquire into the nature of ecclesiastical benefices; and from their

report we learn the condition of the “living of Paddington” at that time.

The following survey is printed from the original still existing with the

Records in the Rolls’ Chapel. The portion in italics being so much

defaced in the original document as to be illegible, I have been enabled

to supply from the twelfth volume of the Lambeth Manuscripts, by the kind

permission of the Archbishop’s secretary.

Survey of Church livings.

MIDDX.

“PADDINGTON.—Item there is _a rectory and a_ mannor and Tythes _and_

other oblations and gleabe Lands with certeyne houses thereto

belonging of which _a house for two tennants called the_ vicarage

house all which is at the rate of fortie-three pounds per annu or

thereabouts _And_ Wee _are informed_ that the Tythes _houses and

lands before_ mencŏned was let by George Moun_taigne_ late Bishopp of

London to Sir Rowland St John, and Sybyll his Wife and to Oliver _St

John_ their sonne for their lives and that the said Bishop bound them

to noe certayne _stipends or took any nor for the cure of souls butt

left it_ unto his Tenants and that the said Sr. Rowland St. John had

heretofore _a reading minister or_ Reading ministers who served _for

ten_ pounds per annu in Paddington and Marybone at the like sallary

of Mr. Forsett and that of late years Sr. Rowland St. John paid _for_

a preaching minister twentie eight pounds per annu which is the Rent

of the Tythes of that _land in the parish that doeth_ not belonge to

the Bisshopp And that there is a minister that preacheth twice every

Lord’s Day one Mr. A_nthony Dodd_ and _that we humbly think_ that the

Parish of Marybone and Paddington is very fitt to be united in one

and that both the Churches may be pulled down and _both made_ one and

sett on Lisson Greene And that we verylie believe that the whole

Tythes of Paddynton is worth one hundred pounds per annu if it were

lett at the true value And we humbly desire that a godly able

preaching minister may bee _placed_ to serve for the Parish of

Paddington and Maribone and settled with mointeynance not lesse than

one hundred pounds per annu as you in your great wisdomes shall

thinke fitt And that we are informed that there is a right of

Presentation to the Rectory _or vicearidge in_ one Mr. Browne that

hath purchased _the manner_ by vertue of a grant to him _from the

trustees appointed_ by Parliament for the sale of the Bishopps Lands.

_Signed_

_William Roberts_ _John Browne_

_Richard Dowton_ _James Pascall_

_Edward Martin_ _John Thorowgood_”

Paddington: Past and Present · 第 5 / 7 章