1823.] Remarks on County Courts. tious tales respecting this place, are the following: In the dusk of the evening, some of the country people have frequently seen in the avenue leading to the house, a coach furiously drawn by six horses, in which were a gentleman and lady, richly dressed; the latter having on her lap a child of angelic beauty, but the lady and gentleman were headless! An honest husbandman of Hungerford reported that he, with others in his company returning to Littlecote in a winter's evening, with a load of bricks in a waggon; the waggon stuck in a slough in a deep road under the park_pales so fast, that they determined, after many useless efforts, to go to the stables for more horses. Having entered the park, and winding towards the house, they beheld among the trees opposite to the place where the waggon was fixed, a child, surrounded by a radiant light, in the attitude of beckoning towards the road; when, lo! the loaded waggon rose slowly over the fence, and gently lighted on the smooth turf, on the inner side, from whence, when the next morning's sunrise had encouraged them to approach the spot, it was drawn home without difficulty.14 S.T. SAW with pleasure the remarks upon County Courts by "J. A." inserted in July Mag. p. 39; the justice of those remarks I believe few will be inclined to question. Nor are the different Courts of Requests (in the Metropolis and its neighbourhood at least) less deserving of animadversion. The districts over which some of these Courts have jurisdiction are so extensive and populous, and so great a number of causes arise, that it is impossible for these Courts to bestow that calm and deliberate attention upon the cases which solicit their decision, which ought ever to characterise the proceedings of a Court of Justice. In the Court of Requests for the Hundred of Ossulston, in the County of Middlesex, it appears that there are 17,000 causes annually decided; this Court sits but two days in the week, so that the average number of causes decided at each sitting is 170, 14 Gen. Chron. vol. I. p. 225. 215 and I believe that the time employed in the hearing of these cases does not usually exceed two minutes. In this short space of time, it is obviously beyond the power of the Court to examine into all the circumstances of the case, to hear the plaintiff's statement, the testimony of witnesses, and the re ply of the defendant, and therefore the cases are decided merely upon the oath of the plaintiff. Nor are some others of the Metropolitan Courts of Requests able to devote any longer time to the considera. tion of the causes brought before them than the Ossulston Court. The Tower Hamlet Court of Requests has a very extensive jurisdiction. The City Court is in the same situation, and, like the Borough Court, takes cognizance of claims to the amount of 51. Through the multiplicity of business the plaintiff's oath is the only means taken to arrive at the truth; if the defendant possessed evidence to shew that the demand was unjust or extravagant, the answer would most probably be, "the plaintiff has sworn it is a just debtyou must pay it;" and this too in a Court from whose decisions there is no appeal. Most of these evils might be remedied by the establishment of a greater number of Courts of Requests; the Commissioners, or other persons holding these Courts, would then have it in their power to examine fully into all the circumstances of the case, and to hear the defendant as well as the plaintiff. But though it appears that in most cases the defendant has most right to complain of injustice, yet undoubtedly the plaintiff sometimes has to endure wrong; it frequently happens that a party will not discharge a just debt, until the creditor has gone through the usual routine of summonses, orders, &c. and will then request, and generally obtain, a further time to pay the debt. The debt perhaps may be 20s. and the Court may order it to be paid in instalments of sixpence per week, and this because they have not time to ascertain whether the defendant has it not in his power immediately to discharge the debt, or to pay a much larger instalment. To the establishment of an additional number of Courts of Requests, it is impossible to anticipate any serious or well-founded objection. In the Tower Hamlets, the City, and the Bo rough, 216 Remarks on County Courts. rough, the Courts are held by Commissioners who receive no remuneration for their trouble; the Courts might be held in a similar manner, and the necessary expenses would be com pensated by the fees. In the Hundred of Ossulston, the Court is held by the County Clerk, who receives the fees upon the proceedings. To establish new Courts in that Hundred, therefore, would diminish the emoluments of his office; but surely it can never be urged that the present inconvenience and injustice should be continued merely for the emolument of an individual. If it be conceived that the County Clerk has a claim to an income of 2000l. a year, let him receive his stipend from the County Rates. If Courts of Requests were established in every ward or parish in the Metropolis, the fees would be sufficient to maintain them, without inflicting any burthen upon the public. Some of these parishes do indeed require separate Courts; witness Mary-le-Bone and St. Pancras, with their extensive population; but it is not in these parts of London that these Courts are of such great utility, the inhabitants belonging generally to the upper or middling classes of society, who seldom suffer debts of a low amount to become the subject of litigation; it is in those districts of the Metropolis in which the labouring and manufacturing parts of the community reside, that Courts for the recovery of small debts are chiefly requisite. The parishes of Spitalfields, with its large and indigent manufacturing population; of Bethnall Green, with its 40,000 inhabitants; of Shoreditch, with 50,000; of St. Luke's, with 40,000; Clerkenwell, &c. &c. would each afford sufficient employment to a Court of Requests; but, notwithstand ing this, Spitalfields, Shoreditch, and Bethnal Green, must all have recourse to one Court, together with Whitechapel, Hackney, Bow, Bromley, Limehouse, Shadwell, Wapping, Mile End, Radcliff, Poplar, Blackwall, &c. &c. And the parishes of St. Luke and Clerkenwell are included in the jurisdiction of the Ossulston Court of Requests, the extent of whose district may be conjectured from the circumstance of 17,000 causes being annually decided by it. The attention of the House of Commons having been lately several times called to this subject, l'entertain very [Sept. sanguine hopes that in the next session an inquiry will be directed to be made into the power, jurisdiction, &c. &c. of every Court of Requests in the Metropolis, and that from that enquiry some measure will spring calculated to remedy the evils now so generally complained of, and to prevent their recurrence. In the mean time, I trust that public attention being drawn to the subject by your Miscellany, some of your Correspondents will apply their minds to the consideration of the subject, and the devising of means to render Courts of Requests more extensively useful, by rendering them more efficient. A BARRISTER. P.S. As the nature, powers, &c. of Courts of Requests appear to be but ill understood by many, even of the better informed class of society, they being generally considered as unworthy of serious notice, perhaps, Mr. Urban would give insertion to a few letters * upon their nature, powers, &c. the manner of conducting business, their effects upon the lower classes of society, the qualifications necessary for Commissioners, the means of rendering them more efficient, &c. &c. YOUR Lincoln, Aug. 9. Mr. URBAN, VOUR Correspondent J. B." seems to know but little of the nature of County Courts. The same proof of the plaintiff's demand is required in them, as in the King's superior Courts, and I beg to assure your Correspondent that in neither one or the other will a man be permitted to make out his own case in the way suggested, and obtain a verdict on his own testimony alone. The Jurisdiction of the County Court is in general confined to pleas of debt or damages under the value of 40s. (except in cases of Replevin, wherein no limit is prescribed) but the power of the Court may be greatly enlarged by the Writ of Justices, whereby the Sheriff is enabled, for the sake of dispatch, to do the same justice in his County Court as might otherwise be had at Westminster. Your Correspondent is erroneous in every proposition he has advanced on this subject. No Plaintiff is entitled to recover in the County Court, unless his original demand be under 40s. He Such letters would be acceptable. EDIT. cannot This COUNTY has always been noted for the longevity of its inhabitants: some of the most remarkable are given under the heads of the places in which they occur.-The original Calendar of the Norwegians and Danes, still obtains in this county, under the appellation of "Staffordshire Clogg." For a particular description of these Cloggs, see Gentleman's Magazine for 1812, part ii. p. 109, where there is an engraving of one. At ABBOT'S BROMLEY a remarkable custom, called the Hobby-horse dance, existed, as well as at Stafford and Leighford.-In the parlour window of the Manor-house, called Hall-hill, Mary Queen of Scots' passage through this place is recorded. At ADBASTON, died Nov. 28, 1714, Wm. Wakeley, of Outlands, aged 125 years. At ALREWAS, on the 4th of Jan. 1675, at night, a terrible earthquake was felt. At ASTONFIELD, Cotton the Poet and IZAAK WALTON delighted to ramble. Near it Cotton built a small fishing house, dedicated to anglers; a particular account of which is inserted in part i. p. 603. In ASHLEY Church are monuments to the memory of some of the Lords Gerrards. In AUDLEY Church are monuments to Edward Vernon, 1622, and Sir Thomas de Audley. BARR-BEACON is supposed to have derived its name from Barrah, to eat sacrifice, or to purify, and to have been the spot whence the Druidical priests gave notice of their sacrifices at Druidheath. BEAUDESERT Park in 1815 was honoured by a visit of his present Majesty, the Duke of Clarence, and the Archdukes John and Lewis. From BENTLEY, Charles II. was conducted on horseback by Jane Lane, the memorable daughter of Thos. Lane, esq. beyond Bristol, as her valet, in which dangerous service she carried herself with great address and fortitude. At the Restoration, the Parliament allowed her 1000l. for this service. BIDDULPH presents some curious remains of antiquity. The bride stones consist of eight upright free stones, two of which stand within a semicircle, formed by the other six. The outside stones are six feet from each other. Near them is the pavement of an artificial cave, composed of fragments of stone, about two inches and a half thick: two large unhewn free stones, about 18 feet long, and six high, form the sides of this cave. BILSTON is remarkable for the imposture of Wm. Perry, a boy 13 years of age, who practised numerous cheats; among others he made inky water, either from a habit of idleness or to serve the purpose of the popish exorcists, till Bishop Morton made him confess the cheat. Charles At BLORE HEATH a wooden cross was erected to commemorate the spot where Lord Audley fell, which being thrown down, the Lord of the Manor, GENT. MAG. September, 1823. 216 Compendium of County History.-Staffordshire. [Sept. Charles Boothby Skrymsher, esq. in 1765, ordered a stone pedestal to be placed there with the cross upon it. The Church contains numerous memorials of the illustrious family of the Bassetts, some of which are very beautiful, but are, however, rapidly approaching to ruin. At BLYTHBRIDGE was the house of the learned Antiquary, SIR SIMON Degge, in which he resided at the end of a long life, and there died, aged 92. In BOSCOBEL Wood was the large oak in which Charles II. and his faithful Pendrell sheltered themselves among the leaves and branches for four and twenty hours. At BREEWOOD King John once kept his Court.-At the Free Grammar School was educated BISHOP HURD, Sir Edw. Littleton, Dr. J. Smith, &c. At BROMLEY died in 1057, at an advanced age, Leofric 5th Earl of Mercia, the husband of the famous Godiva. BURSTON Chapel was erected in memory of Rufin, second son of Wulfere, King of Mercia, who was slain here by his father in consequence of his conversion to Christianity. At BURTON, in 1255, the greatest part of the town was consumed by an accidental fire. It is recorded in the register, that on the 15th and 16th of November, 1574, the aurora borealis was seen.-In 1793 a night watch first established here. In the years 1771, 1792, 1795, and 1798, inundated by the Trent. In BUSHBURY Church is the tomb of Thomas Whitgreave, esq. remarkable for his faithful protection of Charles II, At BURY BANK, Darlaston, are the ruins of an ancient fortress: its area is supposed to have been a sort of prætorium, and to have been the residence of Wulfere from 656 to 675, hence its old name Ulfercester. The Curacy of CANNOCK was the first preferment of the famous Dr. Sacheverell. The site of CANWELL Priory is now occupied by stables.-The Well called Modswell's Well, near the Priory, is famous for the cure of weakness and diseases; hence the name Canwell, from Can, signifying efficacy. In CAVERSWALL Church is a monument to the builder of the Castle, with a Latin inscription, under which was written, many years after, some punning lines. CHARTLEY is remarkable for having been for some time the prison of the unfortunate Mary Queen of Scots; and here was a bed wrought by her during her confinement. Here it is said she carried on and contrived her correspondence with the Pope. On the site of CLENT Chapel was buried St. Kenelm, who was murdered in a field close by: "In Clent in Cowbach, under a thorn, Lieth King Kenelme, with his head off shorn." On the wall of the Chapel is sculptured the figure of a child with a crown over its head, and above the door is a figure of a man much mutilated, both conferring benediction. In CLIFTON Church lies the body of its founder and his wife; also several, monuments to the family of Vernon. In the beautiful Church of CODSALL is a noble monument in honour of Walter Wrottesley. In COLWICH Church are monuments of the families of Anson and Wolseley. The burying-place of the Ansons is in the form of an Egyptian catacomb. In CROXDEN Abbey the heart of King John was buried, as were most of the descendants of Bertram de Verdon, the founder. At DRAYTON was the curious old house (now given way for a modern one) in which the powerful and accomplished Earls of Essex often resided. In the Church of DUDLEY Priory were many fair monuments of the Somerys and Suttons, and especially one very old; the figure measured eight feet, supposed to have been one of the Somerys. ECCLESHALL Church is remarkable as having been the place where Bishop Halse concealed Queen Margaret after she fled from Muccleston: it contains some monuments of the Bosvile family, whose ancient seat Byam, situated to the North-east of the palace, was afterwards converted into a farm-house. At EDIALL, near Lichfield, Dr. SAMUEL JOHNSON, "boarded and taught the 1823.] Compendium of County History.--Staffordshire. 219 the Latin and Greek Languages," to " young gentlemen;" and there the celebrated David Garrick, and his brother George, became his pupils. In EDINGMALL Parsonage resided the learned antiquary Theophilus Buckeridge, until he removed to the Mastership of St. John's Hospital, Lichfield. In ELFORD Church are some splendid monuments to the Ardernes, Stantons, Stanleys, and Smiths. The whole of the delightful scenery at ENVILLE, the seat of the Earl of Stamford, was designed by the poet SHENSTONE. At FAULD died, April 6, 1645, Wm. Burton, the Historian of Leicestershire. FETHERSTON was the residence of John Huntbach, the nephew of Sir Wm. Dugdale, and whose knowledge of the antiquities of this county was very extensive. FORD HOUSES, Wyaston, was once the property of Erasmus Darwin, M.D. the Poet and Philosopher. IN HAMSTAL RIDWARE Manor-house is preserved a curious old iron cage, in which the heads of scolding women were placed to enforce silence, called a Brank. See "Fosbroke's Encyclopedia of Antiquities," p. 237. At HANBURY, in 1777, a smart shock of an earthquake was felt. Near HANDSACRE Sir Wm. Handsacre was killed by Sir Robt. Mavesyn and his party, who afterwards lost his life with the gallant Percy, 1403. James Sands, of HARBORNE, died Dec. 6, 1588, aged 140, having outlived five leases of a farm of 21 years each; his wife lived to 120 years of age. HARBOROUGH was the place where the poet Shenstone passed his early years, and it is celebrated in his poems. ILAM is noted for the tomb, well, and ash, of St. Bertram, who is said to have performed many stupendous miracles here; the ash was much venerated by the common people, who considered it dangerous to break a bough of it. This saint, ash, well, or tomb, is now little thought of.-In a grotto here the celebrated Congreve wrote his first and best comedy of the "Old Bachelor." At KINGSTON was buried that learned antiquary and civilian, Sir Simon Degge. At LANE-END died, in 1769, aged 107, Lydia Barber, and in 1774, aged 124, Rosamond Cook. The learned Thomas Loxdale was Vicar of LEEK about 1730. LICHFIELD was honoured with the particular notice of Charles I.-A great plague raged here in 1593, which carried off above 1100 inhabitants.-Here was a mint granted by Stephen, to Walter, Bp. of Coventry. In this his native city Dr. JOHNSON began and finished his tragedy of "Irene."-At the Episcopal Palace died, March 25, 1807, the celebrated Miss Anna Seward.-Near the Close was a famous willow, the delight of JOHNSON's" early and waning life” (I use his own words), and even still more so of Miss Seward's; it was the ornament of Stowe valley-the subject of every writer-the gratification of every naturalistand the admiration of every traveller. Dr. Johnson never visited this city but he proceeded to his favourite willow; a description of which, drawn up by Dr. Jones, at the desire of Dr. Johnson, is in the Gent. Mag. for 1783.-In the GRAMMAR-SCHOOL was educated the elegant ADDISON; ELIAS ASHMOLE, the Antiquary; HAWKINS BROWNE, the Poet; the Rev. Theophilus Buckeridge; DAVID GARRICK, the inimitable actor; Dr. James, the inventor of the Fever Powder; Dr. JOHNSON; Gregory King, the heraldic writer; Sir Rich. Lloyd, Baron of the Exchequer; Bp. NEWTON; Mr. Justice Noel; Lord Chief Baron Parker; Bp. SMALRIDGE; Lord Chief Justice Willes; and Lord Chief Justice Wilmot. At LONGDON died Mr. May, aged 108, and a woman aged 109. In MADELY Church are several monuments to the memory of the Egertons, afterwards Earls of Wilton, and of the Offleys, great benefactors to this parish. At MAER died, in 1693, aged 138, Mr. Richard Wilson.-The cloth for the Communion-table in the Church is an old Turkey carpet, the gift of Margaret Tether to this Church in 1639, and brought by her from Constantinople. In MAVESIN RIDWARE Church are several monuments in honour of the Mavesyns, some of which have been opened at different periods. The altartomb of Sir Robert Mavesyn, who slew Sir Wm. Handsacre, is very handsome. Upon the lofty tower of MUCCLESTON Church the spirited but unfortunate Margaret of Anjou beheld the battle at BLORE-HEATH, so fatal to her cause. |