THE COUNTY MAGISTRACY.

THE conduct of the general affairs of the counties of England, such as

their police, the regulation of the gaols and lunatic asylums, the

preservation of the county bridges, the levying of rates, &c., is

intrusted to the unpaid magistracy, nominated by the Lords Lieutenant,

and appointed by the Lord Chancellor; and at a time when an agitation is

afoot to change the character of the body by whom these important matters

are transacted, some consideration of the manner in which they have

discharged their high trust may be opportune and useful. It is now

proposed that a certain number of persons, chosen by the Boards of

Guardians of the different Poor Law Unions, should be associated with a

chosen body of the magistracy to manage all the county business. The

principle sought to be carried out is one now generally acknowledged as a

just one—viz., that “representation should be coordinate with taxation;”

but it is worth consideration whether anything will be gained by such a

change of system as is suggested, whether the interests of the ratepayers

are likely to be better cared for than they are at present, and whether,

indeed, they had not better let well alone. The Bench of County

Magistrates in Worcestershire may be supposed to be a fair representation

of the magistracy of the kingdom generally, and certainly on a review of

their proceedings during the last fifty years, especially with regard to

financial matters, the ratepayers must feel satisfied that their affairs

could not have been in better hands. The Worcestershire Magistrates have

had to consider, during the first half of the nineteenth century, many

matters involving a very large outlay of the public money; and upon a

review of the course they have taken, no one will be able to point to an

instance of grossly unnecessary expenditure, or a lavishness in dealing

with the public purse. They have always given attention to the

representations of the ratepayers, but have not often suffered themselves

to be turned aside from what was a plainly desirable, or necessary,

object, by false considerations of economy, and have generally taken an

enlarged view of the question before them. A most vigilant check has

been kept upon the details of the county expenditure, and a laudable

desire to lessen the general burden always been manifestly apparent. And

they have, of course, been free from those changes which representative

bodies from limited constituencies are ever and anon pretty sure to

undergo, when the fickleness of public favour—some party cry, or

prejudice, or the efforts of individuals striving for place and

power—suddenly dispossess old and tried men from the offices for which

they may be eminently suited, in order to make way for unqualified

busybodies, whom the passing commotion may have brought into

notice—“Straws,” as Junius said of Wilks, “on the surface of the

torrent.” And while such commotion lasts, brief as it may be, mischief

is often done which years are required to set straight again.

The Worcestershire Bench has, of late years, been singularly fortunate in

its chairmen. It is only another mark of their anxiety to conduct their

business on the soundest principles, that they have not suffered party

considerations to sway them in the choice of the person upon whose

discretion and judgment so much will always depend. The services of the

Right Hon. Baronet who now fills the chair at Quarter Sessions have often

been acknowledged, and are fully appreciated both by his fellow

magistrates, and the body of the county at large.

With regard to the administration of the criminal code which now devolves

to so great an extent upon courts of Quarter Sessions, each year’s

experience adds its proof that the substantial ends of justice are as

well attained there—and if the commonly received maxim, _Judex damnatur

cum nocens absolvitur_, be accepted as the test—even better attained,

than in any other criminal court in the kingdom.

In the very commencement of the present century, the county magistracy

were occupied with a matter as important—at least, if the question of

expense be taken as the criterion of importance—as any that has been the

subject of their deliberations at more recent periods. It was the

rebuilding of the county prison. The county gaol formerly stood on what

is now known as Castle Hill, near to Edgar’s Tower, in the city of

Worcester. It was extremely insecure; several prisoners had escaped from

it, and the complaints of its absolute insufficiency for the purposes it

was intended to answer, were many and frequent. {90} The county

magistrates had at length come to a determination to build a new gaol on

a different site; but this was no sooner known than a violent opposition

was raised on the score of the cost, and few matters seem to have created

so much general alarm and excitement throughout the agricultural

districts as this proposal. In April, 1802, a meeting of landowners and

others paying county rates was convened at the Guildhall, Worcester, at

which the High Sheriff, Mr. Newnham, presided. There it was resolved,

that the erection of a new prison would be accompanied with great and

unnecessary expense, and that the existing gaol might be sufficiently

enlarged and repaired, at a moderate cost. The magistrates still

appearing determined to proceed, parish after parish protested against

any such step being taken, and these protests signed by most of the

influential tenant farmers, were published time by time, occupying many

columns of the then diminutive Worcester newspapers. W. Welch, Esq.,

Chairman of Quarter Sessions, in order to correct the misrepresentations

which were abroad on the subject, replied to these protests by a public

letter, in which he stated that the cost of a new gaol would only be

£19,000, and that properly to repair the old one would cost £13,000; that

the grand jury had so often presented the gaol, that something was

absolutely necessary to be done; and that the burden on individual

ratepayers would not be anything like what was represented. Mr. R.

Hudson of Wick, on the other hand, challenged the magistrates to meet him

at the Crown Inn, Worcester, when he would prove to them that the

proceedings lately taken in the erection of a new prison had been

irregular, and could not be supported.

At the Midsummer Quarter Sessions in that year, Mr. Welch, in his charge

to the grand jury, recapitulated the causes which had compelled the

magistrates to determine on a new gaol, and in proof of their desire to

study the general interest of the ratepayers, stated that, since he had

occupied the chair, the county accounts, which had formerly been in great

confusion, had been methodised and arranged, a saving had been effected

in the expenditure of the gaol of some hundreds a year, and a

considerable annual allowance from the exchequer, hitherto considered as

a perquisite of the Under Sheriff’s, proved to be due to the county, and

in future would be paid into the general fund.

Yet so strong was the feeling against the new building that the

magistrates were compelled for awhile to abandon the project, and it was

not till the escape of more prisoners caused the Lord Chief Baron

Macdonald, at the Summer Assizes in 1807, to warn the county grand jury

that, if the gaol were not altered or rebuilt, the county would be

attached with a heavy fine for neglecting so essential a part of its

duty, that any further steps were taken in the matter. At the Midsummer

Sessions, 1808, the magistrates determined, without delay, to build a new

gaol, as they believed that the old one admitted of no sufficient

alteration. The expense was estimated at £18,000, and the site in Salt

Lane was fixed upon. The bench published a minute statement of the

number and amount of rates this expenditure would render necessary.

A great deal of excitement and uneasiness, however, was found still to

prevail upon the subject, and it was especially said to be unnecessary to

change the site; so at the Epiphany Sessions, 1809, the matter was again

taken into consideration, and the bench adhered to their former

determination, referring, however, the question of site to a committee.

Mr. Welch, the chairman, about this time received an anonymous letter,

threatening his life, “if he interfered any further respecting a new

prison.”

At an adjourned sessions, held in February, 1809, the magistrates finally

determined on the land in Salt Lane as the site for the new gaol, and

adopted the plan of a Mr. Sandys. They published the reasons for their

decision at length, the principal being, that the nature of the ground

upon which the old prison stood would not admit of their obtaining a good

foundation for the extensive buildings contemplated.

The new prison was, after this, vigorously proceeded with, and at the

Epiphany Sessions, 1813, the chairman announced that the new gaol was

completed, and in spite of much difficulty about the foundations, &c.,

the cost was within the estimate. The grand jury having inspected it,

declared their entire approbation of the works, and thanked the

magistrates for their attention to the interests of the county.

1810—A Special County Sessions was held in July this year, to take into

consideration the report of a committee appointed to investigate charges

of peculation brought against Mr. Welch, the chairman, by Mr. Johnson, a

fellow magistrate. The matter arose out of Mr. Welch receiving what were

called “justice wages,” and paying thereout for the dinners of the

magistrates at the Hoppole. Mr. Johnson declared that he had a balance

in hand, on account of this fund, of £65, which, but for his discovery,

Mr. Welch would have appropriated. The committee, however, reported that

the charge was “wholly unjustifiable and unfounded,” and a vote of thanks

to Mr. Welch, “for his uniform, upright, and independent conduct,” was

thereupon passed unanimously. Long replies and rejoinders, from Mr.

Johnson and Mr. Welch, afterwards appeared in the public prints.

1810—AUGUST 28—In consequence of Mr. Johnson’s reiteration of the charge,

another Special Sessions was held this day, not very numerously attended,

at which a general resolution of confidence in Mr. Welch was passed, but

not unanimously; indeed a more strongly worded motion had been negatived;

and William Smith, Esq., gave notice of a motion, at the next sessions,

for the removal of Mr. Welch from the chair. This, however, was

abandoned.

1817—At the Easter Quarter Sessions, William Welch, Esq., resigned the

chair in consequence of ill health, after having held it for nearly

twenty years. Earl Beauchamp moved a vote of thanks to Mr. Welch for the

services which he had rendered to the county, which was seconded by Lord

Deerhurst, and carried unanimously. The Right Hon. Earl Beauchamp was

then chosen chairman in his stead.

1819—The magistrates at the Michaelmas Sessions publish a declaration in

the Worcester newspapers, of their abhorrence of the blasphemous and

seditious sentiments then openly disseminated in society—of their

attachment to the throne—and of their full unanimous and unequivocal

determination to support the tried and invaluable constitution. The

grand jury do the same. [This was just after the trial of Carlile for

republishing Paine’s _Age of Reason_, and in the midst of the excitement

attendant on the Peterloo Massacre.]

At the same Sessions, Edmund Meysey Wigley, Esq., was chosen chairman, in

the room of Earl Beauchamp, who had expressed a wish to relinquish the

office. The noble Earl, however, afterwards resumed its duties.

1823—At the Midsummer Sessions, Benjamin Johnson, Esq., was temporarily

elected to the chair, now vacant by the decease of Earl Beauchamp.

At the Michaelmas Sessions following, Henry Wakeman, Esq., of Perdiswell,

was unanimously chosen to the chair, on the motion of Lord Deerhurst,

seconded by Richard Spooner, Esq.

1824—At the Epiphany Sessions, Mr. Wakeman declined the proffered honour

of the chair, as his health would not permit him to discharge its duties,

and proposed Lord Plymouth. This was seconded by Sir Thomas Winnington,

and his lordship was thereupon elected.

1824—At the Easter Sessions, it was determined, after a warm discussion

and division, to erect a treadmill in the county gaol. Thirteen

magistrates said “aye,” and ten “no.”

1826—At the Epiphany Sessions, the Rev. Reginald Pyndar introduced the

subject of a “Worcestershire Friendly Society,” and the formation of such

a society being highly approved of by the magistrates, a meeting was held

the next day in the Guildhall, with John Dent, Esq., Mayor, in the chair,

and the rules and tables proposed by Mr. Pyndar adopted as the basis of

an association for the benefit of the industrious and provident poor of

the county.

The society thus formed has continued to thrive and flourish to the

present day, and has been productive of many direct and indirect benefits

to a large number of the poorer class; helping them to a knowledge of the

advantages of frugality—affording them a safe and profitable investment

for their surplus earnings—enabling them to escape from the temptations

of the public house, where the village club would have required their

attendance—and saving them from the distress and misery that overtake the

members of so many benefit societies constructed upon false principles,

or upon no principles at all. The society at present numbers 1,899

members, of whom one-third are females, and it has a very large reserve

fund. Great part of its successful working and prosperity are

attributable to the fostering care and interest of the Rev. Thomas

Pearson. The following is a statement of the pecuniary affairs of the

institution, from its formation to the present time, which has been

compiled by its efficient secretary, Mr. Thomas Holloway.

RECEIPTS. PAYMENTS.

_£_. _s._ _d._ _£_. _s._ _d._

Honorary Subscriptions and 1,631 1 6 Sick Pay 4,994 8 9

Benefactions

Payments by the Members 16,798 16 6 Death 872 0 0

Interest 3,082 7 8 Endowments 2,007 0 6

Annuities 155 18 0

in Old Age

Management 5,287 4 2

Expenses,

including

purchase

of

Policies,

Salaries,

Allowances

to

Surgeons,

Rent, &c.

&c.

Total 13,316 10 11

Payments

Balance, 8,195 13 9

being

total

Stock

Total Receipts £21,512 4 8 £21,512 4 8

1827—At the Easter Sessions, the Worcestershire and Staffordshire Canal

Company appealed against the sum at which they were rated for their docks

and basins at Stourport, by the parish of Lower Mitton. It was stated in

the course of the proceedings, that the tonnage of the canal for the year

ending Michaelmas, 1826, was £32,838. The officers of Lower Mitton had

taken the whole value of the basins as rateable there, but the court

decided that they must only charge for acreage, computing the basins as

they would other portions of the canal.

1829—JANUARY 14—At the Epiphany Quarter Sessions, the Earl of Plymouth

resigned the chairmanship; and on the motion of Major Bund, seconded by

the Earl of Beauchamp, Sir C. S. Smith, Bart., was elected in his stead.

At these Sessions, the magistrates of Droitwich denied the authority of

the county magistrates to appoint visitors to the Asylum for Pauper

Lunatics kept by the Messrs. Ricketts in the borough, and on the matter

being referred to the law officers of the crown, it was decided by them

that the act passed in the previous session of Parliament vested the

appointment of visitors in the magistracy of the borough in which the

asylum was situate. Major Bund gave notice of a motion thereupon, to

consider the propriety of building a County Lunatic Asylum.

1829—At the Michaelmas Sessions, the magistrates altered the divisions of

the county for Petty Sessional purposes, forming them into eight

districts, to be called “The Upton, Pershore, Hundred House, Worcester,

Kidderminster, Droitwich, Northfield, and Blockley Divisions.”

1829—An adjourned Sessions was held in November, to consider the

propriety of erecting County Courts, the inconvenience of the City Hall

having been commented on at every Sessions and Assizes which had taken

place for some years past. A case had been laid before Mr. Sergeant

Russell, to have his opinion as to whether the magistrates could legally

spend money on the enlargement and improvement of courts belonging to the

city, and he had replied that they could not; and that if they wanted a

Shire Hall of their own, they must obtain a special Act of Parliament for

it. The Rev. Mr. Pearson, after reporting the failure of all attempts at

negociation with the Worcester Corporation, moved “that it was necessary

to erect new courts and suitable lodgings for the judges, and that the

magistrates should take the necessary steps for obtaining an Act of

Parliament for that purpose.” This resolution was seconded by Colonel

Bromley. Earl Somers moved an adjournment of the question, on the ground

that in the then depressed state of the country the expense ought not to

be incurred. This was seconded by Osman Ricardo, Esq. An adjournment

“to the next Epiphany Sessions” was carried; but Lord Foley then moved,

“That it is the opinion of this court that the present courts and judges’

lodgings are totally insufficient.” This was seconded by R. Spooner,

Esq.; and Colonel Davies opposed it, because he thought that the

agitation of the subject was ill-timed. Lord Foley’s motion was

ultimately carried by 20 to 17. A committee was then appointed to have

another conference with the City Corporation.

Nine Catholic noblemen and gentlemen were now for the first time inserted

in the Commission of the Peace for this county—viz., the Earl of

Shrewsbury, Viscount Southwell, Sir E. Blount, Sir C. Throckmorton, R.

Berkeley, Esq., W. Wakeman, Esq., T. C. Hornyold, Esq., C. E. Hanford,

Esq., and W. Acton, Esq.

1830—At the Epiphany Sessions, the question of new courts was again

discussed. The committee reported that they found the Guildhall,

Worcester, erected in 1721, belonged exclusively to the city. The Rev.

T. Pearson again moved that an Act of Parliament should be applied for,

with a view to the erection of a Shire Hall; and this was seconded by the

Rev. George Turberville. Major General Marriott moved as an amendment,

that the Deputy Clerk of the Peace should be instructed to lay a

presentment of the present courts before the grand jury at the next

assizes. James Taylor, Esq., seconded this. Lord Deerhurst then moved a

resolution, declaring that the county, in the present depressed condition

of all classes, would rather submit to the inconvenience of the present

courts than incur the expense of new ones, which was seconded by Dr. B.

Cooper. Lord Deerhurst’s amendment was negatived by 31 to 25, and

General Marriott’s without a division. Earl Somers then moved the

appointment of a committee to ascertain the practicability of so altering

the present courts as to make them sufficiently convenient. This was

seconded by John Williams, Esq., but rejected by 31 to 24, and Mr.

Pearson’s original motion was then carried.

1830—NOVEMBER 29—The general state of the county caused Viscount

Deerhurst to summon the magistrates to a meeting, at which the following

resolution was passed:

“That the general peaceable state of the county of Worcester affords a

subject of great congratulation. The magistrates, however, viewing with

the utmost abhorrence the atrocious acts of violence which have taken

place in other counties, feel it their duty to declare that they have

made such arrangements as, by giving full effect to the existing laws,

are best calculated to prevent the occurrence of similar calamities in

this county.”

1831—At the Epiphany Sessions, the subject of new courts was resumed.

Several plans for the enlargement of the Guildhall were laid before the

magistrates, but the court adopted a resolution proposed by the Earl of

Plymouth, without a division. It ran thus: “That the consideration of

the question, relative to the alteration of the courts of justice, be

adjourned _sine die_, it being found inexpedient to enlarge the

Guildhall; but that a bill authorising the magistrates to build new

courts, at a future period, be drawn up.”

1831—At the Easter Sessions, J. H. H. Foley, Esq., M.P., and Lord

Lyttelton, urged the necessity of building a gaol at Stourbridge, but the

proposition was negatived by 27 to 14. Petitions against the bill for

legalising the sale of beer to be drunk on the premises in beer houses,

were agreed to at the instance of Dr. Beale Cooper.

1831—At the Midsummer Sessions, it was resolved that the new courts

should be erected at the back of the gaol, and that the expense should

not exceed £25,000. The bill had been brought in by the county members,

and read a first time the Friday before.

1832—At the Epiphany Sessions, Dr. Beale Cooper proposed the enlargement

of the gaol, which was referred to a committee. The Rev. Thomas Pearson

proposed that plans should be immediately selected for new county courts

adjoining the gaol. The Rev. George Turberville proposed that the matter

should be further delayed till the next September, and Mr. Pearson’s

motion was carried by 24 to 8.

A vote of thanks was passed to Earl Plymouth and the Yeomanry, for their

promptitude and firmness in quelling riots in the county.

1832—At the Midsummer Sessions, the order which had been made at a

previous sessions to build the new county courts on land adjoining the

gaol, was rescinded, on the motion of the Rev. George Turberville,

seconded by Mr. Pakington, by a large majority, and the committee were

directed to look out for another site.

At these Sessions was discussed a matter which excited great interest

amongst the legal profession, viz., the allowance of fees to attorneys,

who for some two or three sessions had only been paid £1. 1s. for brief

and attendance, instead of £2. 14s. 4d., as formerly. The solicitors

were heard by counsel, and the former payment was restored.

1832—At the Michaelmas Sessions, a new valuation of the county parishes

was read by General Marriott. The land assessable was valued at

£741,854—the old valuation had been £750,250; so that the land had

decreased in value about 3d. in the pound, or 1¼ per cent.

The question of erecting county courts again came under consideration—the

present site in Foregate Street, and one in Pierpoint Street, both being

proposed, and the former was adopted by a majority of 30 to 14. Premiums

were offered for the three best plans.

1833—At the Epiphany Sessions, the court proceeded to the appointment of

a chaplain to the county gaol, the office being now vacant by the

resignation of the Rev. J. Hadley. A resolution was first proposed by

Major Bund, and carried by a large majority, “That a beneficed clergyman

ought not to be appointed chaplain to the gaol.” Votes were given for

eight candidates, but the contest lay between the Rev. J. Adlington, who

received 22 votes, and the Rev. W. Dunn, who had 14.

1833—At the Easter Sessions, it was resolved, upon the motion of the Rev.

Thomas Pearson, that “henceforth this court should be an open one.”

The county was called upon to pay £759. 17s. for special constables

employed by the Sheriff to keep the peace at the last election.

Three plans were laid before the court, by the committee, for the new

county courts, viz., one by Mr. Charles Day, Worcester; Mr. Mead, London;

and Mr. Habershon, London. Previous to deciding upon them, General

Mariott moved that the erection of the courts should be postponed till

the enlargement of the gaol should be completed, in order that two such

serious expenses might not be pressing on the county at the same time. A

number of letters from different parishes had been received by the

chairman, remonstrating against new courts, but General Mariott’s motion

was lost by 30 to 10. The three plans were then submitted to the court

for choice, and the Rev. Mr. Pearson regretted that one from a Mr.

Haycock, which he thought undoubtedly the best, was not amongst them.

Mr. Mead’s was recommended by the committee as the best, but fifteen

magistrates voted for Mr. Day’s, and only three for each of the others.

Many magistrates refused to vote; and the general feeling of the public

at the time was, that the advantage of the county, and the embellishment

of the city, had been sacrificed to personal interest created by a

canvass. A committee was appointed, with the Rev. Thomas Pearson as its

chairman, to carry the plan thus chosen into execution.

1834—At the Epiphany County Sessions, the salary of the county treasurer

(Sir A. Lechmere) was reduced from £100 to £60—because it was higher than

that paid by adjoining counties, and farmers were in distress—by a

majority of 39 to 20. Various reductions were also made in the fees of

the clerk of the peace.

1834—At the Easter Quarter Sessions, Sir C. S. Smith, Bart., resigned the

chairmanship—the calamity which he had recently sustained, in the loss of

his lady, inducing him to retire altogether from public life. The Rev.

George Turberville immediately moved the following resolution:

“That the court is fully sensible of, and grateful for, the valuable

services of their late chairman, Sir C. S. Smith, Bart., and deeply

regrets that he feels himself unable to continue those services for the

benefit of the county.”

This was seconded by John Williams, Esq., and carried unanimously.

1834—At the Midsummer Sessions there was a very full attendance of

magistrates, and the Rev. George Turberville was requested to preside as

senior. The first business was to elect a chairman, in the room of Sir

C. S. Smith, Bart., resigned; and on the motion of the Rev. president,

seconded by James Taylor, Esq., John Somerset Pakington, Esq., was

unanimously elected to the office which he has ever since filled with so

much ability and advantage to the county.

1835—At the Midsummer Sessions the magistrates agreed to a petition to

Parliament against the Bill for permitting counsel for a prisoner in all

cases to address the jury—a privilege hitherto confined to cases of

misdemeanour. Mr. Temple, General Marriott, and Mr. Hanford were the

only dissentients. The measure, it was said, would tend to defeat the

ends of justice by the frequent acquittal of guilty persons, and to bring

juries into discredit by inclining them to found their verdicts rather on

the arguments of counsel than upon the facts.

1836—MAY 9—A Special Sessions held, Dr. Beale Cooper in the chair, to

consider what was to be done about the New County Courts and Judges’

Lodgings, as the magistrates had expended the £25,000 they were empowered

to raise by the first act. After a long discussion, it was unanimously

determined to apply for a fresh act immediately, enabling them to raise

£7,000 more. [Parliament refused to depart from its standing orders, and

so the bill could not be introduced that session.]

1836—At the Michaelmas Sessions the Prisoners’ Counsel Act was first

brought into operation; and it is strange how unanimously an

arrangement—now admitted on all hands to be a good one—was condemned and

found fault with.

1837—The Midsummer Sessions were held in the New Courts, though these

were as yet scarcely completed.

1838—MAY 10—A Special County Sessions, to consider the Bill then before

Parliament for Amending the Constitution of County Courts and Courts of

Quarter Sessions—which proposed to compel the holding of eight sessions

in the year, and the holding of courts in various parts of the county; it

gave the magistrates the option of having a barrister as a salaried

chairman; and proposed alterations in “county courts,” to enable them to

be used for the easy recovery of small debts. Mr. Pakington moved a

petition against the measure, which Mr. Holland objected to—it was,

however, carried by a majority of 23 to 8.

1838—At the Midsummer Sessions the New Shire Hall and Judges’ Lodgings

were reported as complete; and a vote of thanks was passed to the Rev.

Thomas Pearson for his able and useful exertions as chairman of the

building committee for the past five years. The salary of the chaplain

was increased to £250 per annum. The court refused to insert the county

advertisements either in the _Kidderminster Messenger_ or the

_Worcestershire Chronicle_.

1839—The Epiphany Sessions adjourned to the 14th of January, and

afterwards given up entirely, because no clerk of the peace had been

appointed since the death of Mr. Blayney—Lord Foley, the Lord Lieutenant,

being out of the country.

1839—FEBRUARY 5—A General Sessions of the Peace held in lieu of the

Epiphany Sessions, which had been given up. The court petition for a

change of law as regards beer houses. The enlargement of the County

Gaol, at an expense of £2,100, agreed upon, to obtain sixty additional

cells.

1839—At the Easter Sessions the court unanimously agreed to a resolution

which the chairman proposed, condemning the existing system of parish

constables as insufficient for the detection and punishment of criminals,

and promising consideration to any measure the Government might introduce

for establishing a rural constabulary. The court again petitioned

against the District Courts’ Bill; Mr. Hanford alone dissenting.

1839—At the Michaelmas Sessions the important subject of establishing a

rural police was brought forward by Mr. Pakington, according to previous

notice. He entered into the whole subject with great ability; pointing

out the great increase of crime in the rural districts, as rendering such

a measure absolutely necessary, and ended by moving that “it was

expedient forthwith to take measures for the adoption in this county of

the act for the establishment of county district constables.” After a

short discussion the motion was carried with only two dissentients—Dr.

Cooper and Rev. Mr. Cartwright. Mr. Pakington proposed that a chief

constable and twelve sergeants should be the only appointments under the

act at present, because it would be desirable to bring it into operation

by degrees. To this Mr. Hanford moved as an amendment, that there should

be a chief constable, ten sergeants, and thirty men under them; and this

was carried over the original motion by 20 to 18. The salary of the

chief constable was fixed at £250 a year; and the Metropolitan

Commissioners of Police were requested to nominate a suitable person.

The court then adjourned till the 4th November, to receive and consider

the rules drawn up by the Secretary of State.

1839—NOVEMBER 4—At the Adjourned Sessions, Mr. Pakington stated that the

Government refused to allow the Commissioners of Police to nominate a

chief constable, and expressed his great regret that this should be the

case, as he thought the magistrates quite incompetent to select a

suitable person. He proposed, therefore, that the court should adjourn

to the 2nd December, then to consider all applications which might be

made for the office, and proceed to the election. Dr. Beale Cooper moved

that the further consideration of the plan for forming a constabulary

force for the county of Worcester be postponed till the next Easter

Quarter Sessions. He maintained that the thing was altogether in a crude

state—had not had sufficient examination—that it was a departure from the

spirit of the British constitution—and that their present constables were

sufficiently on the alert, for since the year 1806 the commitments had

increased from 51 to 427—the number in the previous year. William Acton,

Esq., seconded the amendment, because he thought the act would probably

be altered next session, and because he objected to the expense coming

wholly out of the county rates. General Marriott, James Taylor, Esq.,

and Richard Spooner, Esq., spoke in favour of the motion; and the Rev.

Mr. Cartwright for the amendment. Lord Lyttelton thought they were

forced to adopt a rural police, because Birmingham and Gloucestershire

had got a new force, and the chairman said that they should lose public

confidence if a comparatively small bench of magistrates reversed that

which had been done a month before by a much larger one. On a division,

Mr. Pakington’s motion was carried by 24 to 9. A letter was agreed to,

to be sent to the Secretary of State, complaining of the determination

Government had come to in the matter of the chief constable. The rules

sent down by the Secretary of State for the guidance of the force were

agreed to.

1839—DECEMBER 2—Mr. R. R. Harris, an inspector of London Police, elected

chief constable. He had been recommended by the police committee out of

32 applicants, and was chosen by a majority of 21 to 13 votes given for

Captain Scargill, who was proposed by the Earl of Coventry. It was

determined that the pay of the sergeants should be £80 a year.

1840—OCTOBER 29—At the Michaelmas Sessions the magistrates became

embroiled in a dispute with Mr. W. S. P. Hughes, one of the county

coroners, arising out of a complaint made by the constable of Rock, who

accused Mr. Hughes of “extorting” a fee of a shilling from him illegally.

The fee was “for the crier of the court,” which the coroners in this

county had always been in the habit of requiring, but after the passing

of the act, 1 and 2 Victoria, certainly could not be sustained; and this

Mr. Hughes admitted in a letter to the committee of magistrates which had

been appointed to take the matter into consideration. This, however, the

committee said came too late; as Mr. Hughes had been repeatedly warned

that the fee was illegal, and they considered that he had rendered

himself liable to a prosecution “for extortion and misconduct in his

office,” or might be removed from the coronership altogether by a

petition to the Lord Chancellor. Mr. Hughes applied to be heard against

the report, by counsel, but this the court refused by a majority of 33 to

7. Mr. Hughes then protested against the proceedings of the committee as

_ex parte_, and their report as showing an animus against him wholly

unwarranted and improper. Mr. Charles Best, coroner, deposed that he and

his predecessors in office had always been in the habit of requiring this

shilling. After a discussion, the Rev. Thomas Pearson moved the adoption

of the report, and that the chairman should inform Mr. Hughes that his

charge was illegal, and admonish him accordingly. This was carried, and

the chairman “admonished” Mr. Hughes, who immediately said—“I do not

consider you have any power to admonish me. I, as coroner of this

county, am an officer far superior to the magistrates of this court; and

I take leave to tell them that they by no means adopt a proper course

when they take upon themselves to admonish a superior officer of the

crown.”

1841—JANUARY 4—Mr. Helm unanimously appointed county solicitor. The

Quarter Sessions advertisements ordered to be inserted in the

_Worcestershire Chronicle_, but not in the _Kidderminster Messenger_.

1841—APRIL 5—At the Easter Sessions, a new assessment of the county by

surveyors was ordered, on which to base the county rate, and £500 placed

at the disposal of a committee to obtain it.

1842—JANUARY 3—At the Epiphany Sessions, the court agreed to memorialise

the Government to pay the cost of the rural police. Memorials from five

parishes were presented, complaining of the expense of the police, and

declaring that the county rates were nearly doubled by them.

1842—JUNE 27—At the Midsummer Sessions, Dr. Beale Cooper brought forward

a motion for the abolition of the rural police, which he said was

unconstitutional, and had proved to be utterly inefficient. Colonel Bund

seconded the motion. The chairman disposed of Dr. Cooper’s charge of

inefficiency in a few words, and regretted that the establishment of a

police was not made compulsory on all counties. Dr. Cooper then withdrew

his motion.

1842—At the Michaelmas Sessions, Dr. Cooper moved that the county police

force be reduced to one sergeant for each Electoral Division, and two

constables for each Petty Sessional Division; to which the chairman moved

as an amendment, that the question of the propriety of a reduction be

referred to the police committee, and this was carried without a

division.

1843—JANUARY 2—At the Epiphany Sessions, the subject of the rural police

was again discussed at great length on the presentation of a special

report by the police committee, declaring that the force ought not to be

reduced. Mr. Onslow wanted to prevent the reception of the report, but

the chairman would not consent to that course, and Mr. Onslow at last was

induced to withdraw the resolutions he had intended to propose upon the

subject; but a committee was formed to inquire into the provisions of the

Parochial Constables’ Act.

Mr. Ellins’s case was brought before the court at these Sessions by

Richard Spooner, Esq., who moved for a committee of inquiry into the

facts under which Mr. Ricketts had been libelled in the _Worcestershire

Chronicle_, as it was alleged that Mr. Ellins had supplied the

information on which the libel was founded. Colonel Bund seconded the

motion. Mr. Hanford opposed it, because they would be stepping out of

their jurisdiction; and the chairman could not tell what was to be the

course or purpose of such a committee. The committee was determined on

by 34 to 10, and the chairman, Mr. Hanford, Mr. Spooner, Rev. T. Pearson,

Mr. Skey, Hon. W. C. Talbot, and Mr. Temple, were placed upon it. Mr.

Ellins’s application to be heard before it by attorney, was agreed to.

The chairman at these Sessions addressed a most valuable statement to the

grand jury on the county expenditure, and the causes of the increase in

the number and cost of criminal prosecutions.

1843—At the Easter Sessions the committee appointed in Mr. Ellins’s case

were about to bring forward their report, when Mr. R. Scott and Mr. R. M.

Mence moved that it should not be read, as the matter was one altogether

out of the jurisdiction of the court, and with which they had no right to

deal. On a division, 20 hands were held up for its being read, to 9

against it. The report was then read, and stated the committee to be of

opinion that “Mr. Ellins was the moving party to the publication in the

_Worcestershire Chronicle_, of a most gross and unfounded libel, imputing

corruption and jobbing to W. H. Ricketts, Esq., in the execution of his

duty as a magistrate and member of the police committee, in carrying into

effect the orders of the court.” Mr. Hanford and the Rev. Thomas

Pearson, as members of the committee, declared that though they believed

Mr. Ellins to be a party to the libel, they did not believe him to be the

sole party, as the report seemed to convey. Mr. Scott moved that the

report be rejected. The court had no right to take any judicial notice

of the acts or character of any of its individual members; and nothing

could be more dangerous than for a judicial body to exceed its

jurisdiction. Mr. Scott condemned Mr. Spooner for bringing this matter

forward at the previous Sessions without notice. Mr. Benson also spoke

against the reception of the report. The chairman had always had doubts

as to the propriety of their moving in the matter, but thought it

discourteous to the committee to reject the report, and it was received

by a majority of 28 to 11. On the question of transmitting it to the

Lord Lieutenant, there was another division, 20 voting for that course

and 11 against it.

1843—At the Midsummer Sessions, Lord Lyttelton addressed a letter to the

court, enclosing one from the Lord Chancellor, with his opinion that the

proceedings of the magistrates in Mr. Ellins’s case had been very

irregular. Lord Lyttelton trusted the magistrates would feel it their

“duty carefully to avoid any similar proceedings for the future;” and he

requested that his letter might be entered upon the records of the court.

Mr. Spooner thought they had a perfect right to do as they had done, and

moved that the letter be not entered on the records. The chairman said

he had always considered their proceedings irregular, but thought Lord

Lyttelton’s “lecture” might just as well have been left alone. The

consideration of the letter was at last postponed till the next Sessions.

Mr. Simcox Lea at great length entered into the subject of the rural

police, and moved, as a resolution, that their benefit had not been

equivalent to their cost. He wanted the Bench to adopt the plan of paid

parish constables in their stead, and insisted particularly on the

inefficiency of the chief constable. Mr. Noel seconded the motion. The

chairman made an able defence of the police, and adduced several

instances of their efficiency. Mr. Scott would vote for the motion,

because the police were too few to be of much use. Mr. Onslow complained

of the number of offences that were committed without detection ensuing.

Colonel Bund, the Rev. Thomas Pearson, Mr. Benson, and Colonel Clive,

spoke in favour of the police, and the motion was rejected by 34 to 13.

1843—At the Michaelmas Sessions the magistrates determined that the Lord

Lieutenant’s letter, in Mr. Ellins’s case, should not be placed upon the

records of the court. Mr. Scott was the only magistrate who added

anything to the few words which were spoken from the chairman; and he

said the whole proceedings ought to be erased from the records, or the

Lord Lieutenant’s letter to be added as the conclusion.

1844—At the Easter Sessions, Lord Lyttelton read a paper _in re_ Mr.

Ellins’s case, declaring the magistrates’ proceedings in the matter to

have been altogether irregular, and suggesting that they ought to be

entirely struck out of the records of the court, or his own letter of

animadversion on them inserted. As his lordship concluded with no

motion, the chairman would not permit any discussion, and the court

passed to the next business on the paper.

1844—At the Midsummer Sessions, Mr. Scott again brought this matter

forward, by moving that the letter of the Lord Chancellor to the Lord

Lieutenant should be entered on the minutes of the court. This was

seconded by the Rev. John Pearson, but opposed by the chairman and

others, and at last rejected by 28 to 17.

1845—At the Easter Quarter Sessions, the police committee recommended

that Dudley, Shipston, and other districts, surrounded by other counties,

should be taken into this county for police purposes, and that, to this

end, the force should be increased by twenty men, including a

superintendent and two sergeants. Mr. Merry moved that only twelve men

be added to the force, but this was negatived by 26 to 6, and the

original motion carried. Mr. Hanford’s motion to do away with the carts

and horses kept by the rural police was negatived by 20 to 17.

1845—At the Midsummer Sessions, Mr. B. L. Stable was elected Governor of

the County Gaol, in the room of Mr. Lavender, who retired, and was voted

a pension of £149. 10s. per annum.

1847—At the Epiphany Sessions the court agreed to erect a Lunatic Asylum,

in connection with the city of Worcester, for the accommodation of 200

pauper lunatics. The total number of such unfortunate beings in

Worcestershire was 284, but the court conceived that accommodation for

two-thirds would be quite sufficient; and on Dr. B. Cooper suggesting

that three-fourths should be provided for, the chairman begged the court

not to agree to providing for more than 200 in the first instance, as the

expense of these erections was so great. A committee was formed for the

purpose of carrying the measure into effect. The Hon. and Rev. W. W. C.

Talbot moved for a committee to consider the propriety of dividing the

county into districts for police purposes; but Mr. Curtler, from a very

carefully prepared table, showed that the police force and their expense

were very equitably distributed with regard to the value of the property

to be protected in the different districts of the county, and that the

agricultural portion were in no sense paying for the support of the

police of the manufacturing districts. Mr. Talbot withdrew his motion.

1847—At the Easter Sessions the court, on the motion of the Rev. Thomas

Pearson and Mr. Curtler, unanimously agreed to petition in favour of the

Juvenile Offenders’ Bill, then introduced into Parliament by Sir John

Pakington.

1847—Easter Sessions—On the 19th of December, 1846, the county was

divided into three Coroners’ districts by an Order in Council; and at

these Sessions the magistrates assigned these districts to Mr. Docker,

Mr. Hughes, and Mr. Best. Mr. Robinson still continues to act as coroner

for Dudley, but, at his death, Dudley will form district No. 6 in

Staffordshire. Mr. Hughes, shortly after his district was assigned,

petitioned the Lords of the Treasury for compensation for loss of

emolument which he said he sustained by this arrangement, and they

awarded him £55 per annum. He was paid two quarters by the county

authorities, but they then took an opinion as to the legality of his

claim, and this being adverse to Mr. Hughes, they refused to continue the

payments. In Hilary Term, 1850, Mr. Hughes applied to the Court of

Queen’s Bench, and obtained a rule _nisi_ against the magistrates, to

compel them to show cause why the payment should not be continued—which,

however, was afterwards discharged, on the ground that as the county had

never been customarily divided into districts, Mr. Hughes could not show

a loss of any fees to which he was legally entitled.

1848—At the Midsummer Quarter Sessions the court agreed to erect

Stourport and neighbourhood into a separate Petty Sessional Division.

The Hundred House and Kidderminster magistrates opposed the motion, but

it was carried by 18 to 15.

1849—At the Michaelmas Sessions the committee of visitors appointed to

superintend the erection of the Lunatic Asylum reported that they had not

been able to obtain any tenders for executing the works required at the

sum estimated by the architect, chiefly because the lunacy commissioners

insisted on the whole building being made fireproof. The total cost of

land and buildings would be about £32,000, other extras £3,044; and

fittings were not included even in this sum. They had agreed with the

London Life Insurance Society for a loan of the money at four per cent.

The report was unanimously received.

1850—At the Michaelmas Sessions a report was read from a committee which

had been appointed to inquire into the county expenditure, and to

ascertain the feasibility of reduction. The cost of prosecutions and

gaol expenses for the year 1849 was £8,993. 18s. 3d.; salaries, £2,661.

5s. 2d.; high constable’s cravings, £240; coroner’s cravings, £1,527. 0s.

10d.; clerk of the peace’s cravings, £745. 18s. 2d.; registration of

voters, £342. 11s. 8d.; bridges, £580. 14s. 5d.; lunatics, £193. 4s.

2d.; new weights and measures, £858. 3s. 10d.; sundries, £1,099; total,

£17,240. 13s. 2d.; police, £7,836. 6s. 9d.; Shire Hall, £1,696. 12s. 9d.

The committee reported that the only way in which a reduction could

possibly be effected was a reduction in the salaries of the general

officers and of the police, which they did not deem advisable, and would

rather recommend that Government should be memorialised to defray the

cost of the county police, gaol, &c., out of the consolidated fund. The

report was adopted without any division.

At the dinner of the magistrates, at the Shire Hall, after the

transaction of the county business, the Rev. Thomas Pearson being in the

chair, a portrait of Sir John Pakington, Bart., the result of a

subscription amongst the magistrates, and which now hangs in the drawing

room at the County Courts, was inaugurated.

* * * * *

UPTON BRIDGE has been the _bête noir_ of the county magistrates all

through the half century. Since 1810 scarcely a sessions has passed at

which it has not been mentioned, and it has given rise to lawsuits,

disputes, and embroilments without number. In 1814–16, in 1829, and

again in 1847, the magistrates took proceedings against the feoffees of

Hall’s Charity—some lands left in 1570 for the repairs of Upton Church

and Bridge—to compel them to account or to contribute towards the repairs

of this bridge. In 1817 the bridge was reported to be in very doubtful

plight, and the advice of Mr. Smirke, the eminent architect, was taken as

to the repairs which ought to be done; a considerable sum of money was

then laid out upon it. At the Michaelmas Sessions, 1822, a bridge warden

was appointed, because much injury had been done to it by mooring vessels

to the parapets, and by taking away sand from the foundations. In

1832–34 another considerable sum was spent in repairs; this time the

feoffees of Hall’s Charity being concurring parties. In 1837 the parties

promoting the Severn Navigation Improvement offered the magistrates

£5,000 towards the expense of building a new bridge, but this was not

acceeded to; and in 1838 the bench resolved to procure the insertion of a

clause in the Severn Navigation Bill then before Parliament, to bear the

county harmless from any loss or damage which might arise to Upton bridge

from the improvements in the river; but no proceedings were necessary to

be taken under that resolution, because the bill was thrown out. In

1842, £121 were expended in repairs, to keep the bridge from falling.

The magistrates would not do more than was absolutely necessary, because

they did not know how the operations of the Severn Commissioners might

affect it. At the Midsummer Sessions, 1845, a committee was appointed to

confer with the commissioners about the state of the bridge. At the

Epiphany Sessions, 1846, the county surveyors recommended that £1,260

should be immediately spent on the bridge; and the magistrates at the

same Sessions declared themselves “neutral” as to the bill then

introduced by the Severn Commissioners. This bill took power to alter

the bridge by the introduction of a swivel. At the Epiphany Sessions,

1847, Mr. Curtler read an elaborate report, in explanation of the

liability of the feoffees of Hall’s Charity to aid in the repairs of the

bridge; in consequence of which proceedings were taken, and in 1849 the

matter was referred to a Master in Chancery. It was not finally settled

till 1851, when Lord Langdale, Master of the Rolls, ordered the feoffees

thenceforth to divide the receipts into three parts—the first for the

church, the second for the repairs of the bridge, and the third for the

general good of the town. At the Michaelmas Sessions, 1847, another

committee was appointed to inquire into the state of the bridge, and to

confer with the Severn Navigation Commissioners; but at the next Epiphany

Sessions, Mr. Curtler, by a majority of 19 to 8, carried a proposition to

seek to obtain a clause in the Commissioners’ Bill then before

Parliament, to limit their power over the bridge to three years: the

bill, however, was thrown out on second reading. The rest of the year

was consumed in an attempt to get from Mr. Walker, C.E., a report on the

state of the bridge, and in conferences with the Commissioners. At the

Easter Sessions, 1849, Mr. Walker’s report was read, which recommended

that the bridge should entirely be rebuilt; and a motion to that effect,

made by the chairman, was carried almost unanimously. It is needless now

to say, that nothing further was done in the matter but to talk about it

at each succeeding Sessions, till the bridge concluded its own history by

falling down during a high flood which occurred in February, 1851. It

was built in 1605; and there can be no doubt that four of the original

arches remained just as they had been first erected, until the day when

they tumbled down of sheer old age.

Worcestershire in the Nineteenth Century A Complete Digest of Facts Occuring in the County since the Commencement of the year 1800 · 第 21 / 85 题