The Democrats of Marylebone

Front matter

THE DEMOCRATS 01 MARYLEBONE. BY JAMES WILLIAMSON BROOKE. " r am then for, and would die for monarchy, sacred monarchy; for if there be anything sacred amongst men, it must be the anointed sovereign of his people, and every diminution of his power, in war or in peace, is an infringement upon the real liberties of the subject. The sounds of liberty, patriotism, and Britons, have already done much ; it is to be hoped, that the true sons of freedom will prevent their ever doing more. I have known many of those pretended champions for liberty in my time, yet do I not remember one that was not in his heart and in his family a tyrant." Vicar i'v Wakefiei-o. " Accipt nunc Danaum insidias, et crimine ab uno, Disce omnes. Virg. Æn., Lib. II., v. 66. LONDON. WILLIAM JONES CLEAVER, BAKER STREET, PORTMAN SQUARE. MDCCCXXXIX. LONDON : PRINTED BY WILLOUGHBY AND CO., 109, GOSWII.L STREET.

Preface

. The object which the author proposed to himself in submitting tbe following pages to the public, was not to attack persons, but to expose false principles. Conceiving the real operation in this country, even on a small scale, of that principle of government, which would give to the many a predominant influence over the few, to be a novel as well as a useful and an interesting subject for examination, the author has ventured to submit to his readers the facts and state ments contained in this little work. For the correctness of those facts and statements he can safely vouch, nearly all the former having passed under his immediate per sonal observation, and such as have not, have with the latter been derived from sources of information unques tionably authentic. The principle of government in operation in tlie parishes of St. Marylebone and St. Pancras, upon which their parochial affairs are now administered, is not, it is true, a purely Democratic one ; but it is conceived it

PREFACE.

. approaches so nearly to that of a pure Democracy, that its operation even for so short a period as that comprised in this work, furnishes pro tanto a deeply instructive illustration of the operation and effects of the form of government upon a larger scale. It speaks with a warn ing voice to those who would still further trench upon the venerated institutions of our land. It furnishes, in a word, an indication not to be mistaken of what would be the fate of those institutions, were a purely Demo cratic form of government established in England. But he who has become acquainted with the real character of Democracy, who has watched its operation, seen it in its different phases, and observed its imme diate consequences in a neighbouring kingdom — and who, bringing this knowledge and this observation to his aid, has carefully examined into the probability of such a state of things being established in this country, must have derived no little consolation from the conclusion ,/iiich he inevitably will have arrived at, that from the native indomitable strength of mind, the inborn uncon querable love of peace and order, and the devoted, un wavering attachment to old customs and to real liberty, which distinguish the people of England above all other nations in "the world, Democracy, the " tyranny of the many," can never be permanently established here.

His tory tells us, that it has been tried in England, and points to the Cromwellian era ; she tells us, that it has been tried in France, and instances the times of Napo leon ; but the same instructive monitor shows us, that in both countries the experiment has totally failed, for in

PREFACE.

. V both did it result in a pure and simple despotism — the despotism of one man. It is not the intention of the author here, even if he were competent, to enter into an enquiry as to the character, and, if he may so speak, the attributes of Demo cracy ; but, he cannot help thinking, it were desirable that the people of England were more often reminded of its real nature, and that they were more often impressed with the warnings of the past. But it was ever thus ; they whose duty it is, from their position in society, from their superior observation and attainments, and, above all, from a principle of self-preservation, to advise, to warn, to check, and even to control, the people in their mad attempts at self-government, either blindly prostrate themselves at the shrine of mob popularity, or stand aloof with folded arms, regardless of the progress of events, whilst the incendiary and the demagogue are playing their parts, until it becomes too late ; and the end of all these things may be that they themselves will fall a sacrifice to the Moloch of Democracy, amidst the crash of the falling institutions of their country.

That such a period in the destinies of England may sooner or later arrive, the author presumes not to pre dict; but that such a calamity can be averted, he ven tures to assert, if every real patriot, and, consequently, every sincere well-wisher to his country, shall array himself in the ranks of her friends, and rally under the banner of true liberty in defence of its purest source — the Constitution, the whole Constitution, and nothing but the Constitution. VI

PREFACE.

. The author now leaves his " unvarnished tale" in the hands of those to whom it is addressed — the public ; and if it succeed in awakening them to a knowledge, and a proper appreciation of the general character and real designs of the pseudo-patriots of the present day, whether they be pot-house brawlers, or politicians of a more elevated grade, his principal object in attempting the task he has undertaken will have been accom plished. • London. March, 1839. ERRATA. PaRC ". line 2 of note, for 7'. ps. Orf., lead ,-,961!/. In page 73, line (5, after "There are those," insert "from.

Chapter I. Original Cause Of Opposition To The Select Vestry Repulsive Policyof

THAT BODY — CHARACTER AND VIEWS OF THE OPPOSITION PARTY COMMITTEE OK THE HOUSE OF COMMONS ON THE WORKING OF SELECT VESTRIES GENE- RAL ASSOCIATION OF PAROCHIAL REFORMERS TO ASSIST MR. HOBHOUSE GRADUAL CHANGE IN THE CHARACTER OP THE OPPOSITION PARTY, AND THEIR CONNECTION WITH POLITICAL AGITATION

Introduction

OF THE VESTRIES* BILL IN THE HOUSE OF COMMONS POLICY OF THE WHIGS RESPECTING IT — PASSING OF THE ACT GENERAL OBSERVA- TIONS ON THE PROCEEDINGS OF THE SELECT VESTRY". In the year 1827, the parishioners of St. Marylebone, who had then been governed for about sixty years by a self-elected vestry, evinced considerable discontent at the rapid increase of the poor-rates, and a spirit of enquiry into the management of the parochial affairs began gradually to display itself among all classes of the inhabitants. In 1824 the poor-rate was 2*. 6d. in the pound; but in 1827, it had increased to 3s. lid. This increase in the local taxation having been made, as it will be hereafter seen, without even an ostensible cause being assigned. for it, naturally created much dissatisfaction, and the inhabitants were already beginning to express their feelings on the subject, when they discovered that the vestry, who were applying to the Legislature for two Acts of Parliament, had secretly introduced into one of them clauses which would enable them to E impose new and peculiarly irritating burthens upon the parishioners.* The Bill, into which the clause in question had been introduced, was for ecclesiastical purposes, and, as the parishioners had understood, was for the necessary legalizing a por tion of the site of ground upon which Trinity Church stands, as' well as that of the portico of another church in the parish ; but, from a communication made to some of the rate-payers by a member of the House of Commons, it transpired that the Bill was to be made the vehicle for converting the Easter-offerings into a compulsory tax upon the parishioners,f and granting the rector the sum of 4,000/. for building a rectory-house.

This attempt gave general and serious offence to the parishioners, J and particularly to the Dissenters, who seized with avidity the opportunity which the occasion presented to them for assailing what they deemed the aggrandizing spirit of the established Church. The second Bill was for amending and consolidating the parochial Acts. Upon the Parliamentarv notices being given for this Bill, a number of wealthy and highlv respectable inhabitants made application to the vestrv, to be informed if it was their intention to prosecute the mea sure, at the same time respectfully inviting a certain number of the vestry to meet an equal number of the parishioners, to con sider some of the provisions of the Bill : intimating that there * Evidence of J. H. Pope, Esq. ; — Report of Select Committee of the House of Commons, page 15.

" It is a curious fact, that this Bill had been read a second time, and stood for committal, before the parishioners heard of it ; and, had it not been for the press, the Bill would have slipped through the house, as most parish things do, without the bulk of the parishioners knowing one word about it." — Morning Herald, 7th of April, 1827. f This tax would have raised about 2,000/. a year. J The first meeting of the parishioners (5,000, it was stated by one of the murning papers, were present,) upon this subject, was held on the 27th of April, 1827, Mr. Spring Rice (the present Chancellor ofthe Exchequer) was in the chair. It was convened " for the purpose of adopting such measures as might appear necessary, to oppose in Par liament the compulsory Bills of the select vestry," for building a new rectory-house for the Rev. Dr. Spry ; to convert the voluntary offerings into a perpetual tax, with power to build a new workhouse,— for taxing the parishioners with a sinking fund, and other objectionable and ruinous purposes."

A series of resolutions was passed, condemning the proceedings of the select as originating in a desire to " arm them selves with extraordinary, arbitrary, and dangerous powers, over the rights and property of the inhabitants." At this meeting, Lord Ken yon contended, that the Easter-offerings were compulsory. The Dis senters made the most of his lordship's position. were certain objectionable clauses in the Bill, as introduced, and that if the vestry did not abandon those clauses the measure would be opposed in toto by the parishioners at large. The vestry declined meeting the parishioners, and refused to aban don the clauses.* Public meetings of the parishioners were convened : the increase of local taxation, the injustice of the Ecclesiastical Bill, and the secrecy with which it had been in troduced, together with the. repulsive conduct of the select vestry, were strongly dwelt upon, and the inhabitants deter mined upon opposing both measures.

A petition, signed by about 6,000 of the inhabitants, was presented against the clauses adverted to in the Ecclesiastical Bill, and it was deemed prudent to have them expunged ; and such was the resolution manifested by the rate-payers to oppose the other (the consoli dation) Bill, that the select vestry abandoned it altogether ; charging the parish with the expenses which had been incurred in the prosecution of it. The parishioners expressed great dissatisfaction at the aban donment of the Bill, and many cf the most respectable of the in habitants endeavoured, but without effect, to induce the vestry to consent to a moderate measure of local representation. At this time a very restricted qualification for vestrymen and voters would have been gladly accepted by the parishioners ; but the self-elected were firm against conceding anything.

The parishioners were supported bv men of rank and affluence, and by the moderate men of the Conservative and Whig parties ; among whom were to be found some of the warmest advocates of the abolition of the self-elective system. f These judicious persons pointed out the justice and the constitutional character of the parishioners' claims ; the danger of exciting the inha bitants of an immense locality against a system so utterly indefensible as that of secrecy and irresponsibility, and the policy of yielding something, in order that eventually everything might not be demanded, — but the select were immovable. They either paid no attention to the complaints of the inha bitants, and the remonstrances and representations of moderate * Mr. Pope's Evidence, pp. 16 and 17. t " Is it not the fact, that the active and numerous Committee, formed to seek a reform and change in the administration, consisted principally of independant resident gentlemen ? — Most assuredly, the great majority of them; and I found them as attentive to the interests of the cause of the parish, going on as it did, as could possibly be." — Mr. Pope's Evidence, p. 20.

B and sound-thinking men, or treated them with indifference and contempt.* On the 2nd of February, 1828, the Consolidation Bill was abandoned, under the circumstances already adverted to, and, on the 20th of that month, a public meeting, very numerously attended, was held at the Bazaar, King-street, Portman-square, for the purpose of effecting a reduction in the rates, and a redress of parochial grievances. There were present, — Sir Thomas Lennard, Bart., Colonel Smith, M. Dawson, Esq., M. P., Sir J. Stort, Colonel Reeves, Admiral Digby, Colonel Alston, E. Goldsmid, Esq., Major-General Warren, Major Naylor, Colonel Jones, D. Stuart, Esq., Sir John Ord, Bart., Sir William Dalling, Bart., Major Nixon, Colonel Dacre, B. E. O'Meara, Esq., R. Leycester. Esq., M. P., and the Hon. F. Tollemache, M. P. ; William Crawford, Esq. was called to the chair.

At this meeting, the Report of a Committee appointed in 1827 was read by Mr. Pope.f The Report complained of the rapid and alarming production of an enormous debt (upwards of 200,000?.) ; heavy cnarges annually on the parish funds, and improvident expenditure of the parish moneys, together with the increase of the assessments, and many equally prejudicial and vexatious measures of the select vestry, which, it was contended, were at once incompatible with the general prosperity, and opposed to the best interests of the parishioners. The Report then noticed tbe ungracious and uncourteous reception which the memorials and remonstrances of the parishioners had met with from the select vestry, and mentioned, in terms of reprehension, the withdrawal of the Consolidation Bill. They passea a resolution, that a petition should be presented to the House of Commons, praying for leave to bring in a Bill, to amend certain Acts of Parliament, relative to the parish of St. Marylebone, as regarded the select vestry, with the view to obtain a vestry, to be elected by the ballot of the parishioners, and to obtain a Board of Audit.

Yet, notwithstanding these complaints and this resolution, the parishioners were still de sirous of conciliating the select vestry, as appears by the following * " You say that the parishioners, generally speaking, find that very little attention is paid to their complaints, or to their attempts at re lieving themselves : have you found that in your own person ? — Most assuredly, up to a certain time, and even up to the present time ; but, up to the time I am speaking of, there was no sort of notice taken of their complaints." — Mr. Pope's Evidense, p. 16. t Now an influential member of the Loyal and Constitutional Asso ciation. resolution, which was unanimously agreed to at the same meeting : — " Resolved, that the known characters and station in life of the majority of the members of the select vestry place them above the suspicion of being influenced by any sinister motives, in sanctioning or permitting the measures complained of by the parishioners, which have been suffered to take effect, as it is believed, by the want of knowledge and experience of some, and of vigilance and industry in others, and by the in difference and absence of a still greater number : that the im portant question of deciding whether the proposed Bill should be proceeded with in Parliament, this Session, having been settled, in a meeting consisting of less than one-third of the vestrymen, that steps be taken to represent to every vestryman the evil consequences of his holding an office, the duties of which he does not attentively perform, suggesting, at the same time, the propriety of a meeting in vestry of every vestryman, on a given day, there to determine, by the whole body, whether it be not desirable that the members of the vestry should in future be elected by the parishioners at large, either by the election of the whole once in three years, or a third each year, or in such other manner, and with such regulations, as may be agreed upon by a deputation of five from the vestry, and a de putation of five from a committee of the parishioners, should a meeting of such deputations for that purpose be thought neces sary.

We are satisfied that the parish has no better resource against misgovernment than in possessing the power to choose a select number of parishioners to conduct their affairs ; and we trust the vestrymen will feel they have no right to retain office, in opposition to the wishes, and in contempt of the com plaints of those whose will the}' are supposed to follow, and whose interests they are pledged to protect." At this meeting a Committee of the parishioners was appointed to carry out their views. The last mentioned resolution was forwarded to the vestry by the Committee, who, in a respectful note, requested to be informed whether that body had any communication to make thereon. The select vestry did not even acknowledge the receipt of this communication, and the Committee, having made repeated, but fruitless, attempts to effect a reconciliation, pro ceeded to act upon the motion passed at the public meeting, for prosecuting a Bill in Parliament, to amend the several parochial Acts.

The Bill, which limited the right of voting for vestrymen to those rated at 20/., was introduced by Alderman Wood. Previous to the second reading, the Committee published a list of grievances under which the parishioners were alleged to labour. This statement, which was necessarily imperfect, in consequence of the refusal of the select vestry to allow an inspection of their accounts, called forth a counter-statement from the vestry, in the shape of a " Statement of facts," signed by the vestry-clerk. This ultimately widened the breach between the vestry and the parishioners ; for, upon the statement of facts, which had been advertised at great expense in the newspapers,* coming under the scrutiny of the Parliamentary Committee, it was repudiated by its presumed authors ; who threw the responsibility of its publication upon the vestry-clerk and their subordinates.

Upon the Bill being referred to a Committee, the latter was unable, from the secrecy with which the parish matters had been transacted,t to proceed effectually with the enquiry ; and an order was made by the Committee on the Bill, to admit certain of the parishioners to examine the books of accounts of the parish, and the minutes of the vestry. From the information thus obtained, it was found that the select had committed numerous extravagant and illegal Acts, and the preamble of the Bill was declared to be proved. It was presumed that the facts given in evidence before the Committee, of extravagance and mal-administration on the part of the select, would induce that body to listen to terms of conciliation ; and the leading men amongst the parishioners, men, as it has been observed, of rank, talent and moderation, endeavoured to bring about a compromise, which, at that period of the contest, would have been received and adopted with satisfaction by the rate-payers generally ; for, whilst it would have secured to the upper classes their full share of influence in the local representation, no reasonable ground of complaint to the less wealthy inhabitants would have remained.

The select were, however, still immovable ; they would not consent to open the door to what they deemed innovation, and, upon Sir Thomas Baring bringing up tbe Report of the Committee, Mr. Astell, a member of the select vestry, who, a short time previously, *The advertisement filled nearly three columns of the morning papers. t"We used to hold, more particularly ia former years, that the parish had very little or no concern with our accounts ; we never published more accounts than enough to satisfy our own curiosity ; we never published any accouut to give to the parish." Evidence of Mr. J. T. Hope. when presenting a petition against the Bill, declared that this body represented the interests of the parishioners at large, moved that the Bill be read that day six months— observing " that it was nothing more than an attempt to destroy esta blished rights."

Sir Thomas Baring remarked that " he was personally acquainted with several members of the select vestry, and he had great respect for them as individuals ; but that, as a body, he was decidedly opposed to them. The select vestrv system was, he contended, a departure from the constitution of the country, and, in its operation, exercised powers unknown to the legislature itself. The honourable member (Mr. Astell) had said the vestry had the confidence of the inhabitants, but he (Sir Thomas Baring), to use no harsher term, could not help thinking they had most grievously expended the money which had been entrusted to their care. Within the last twenty years, the vestry had incurred a debt of 227,000/.,* beyond which they had increased the rates fifty per cent. With this debt, they yet raised the enormous annual income of 150,000/.

In the years 1813 and 1814, the vestry borrowed money at the high rate of twenty per cent., with which they paid off their outstanding debts at par ; they also built a church, but first they built a chapel, without taking the precautionary step of having an estimate, and the architect, having half com pleted it, was called upon to pull it down and to build a church in its place. The church being finished, they furnished it at the expense of 2,000/. more, and really some of the items were mo*t extravagant. There was 261/. for velvet for the com munion table; 159/. for velvet to cover the pulpit; 100/. for velvet to cover the clerk's desk; 213/. for two chairs. He really thought the Pope himself had not such chairs. Having fitted up the church in the splendid manner he had noticed, it occurred to the vestry that they wanted a picture to put in it.

They accordingly applied to Mr. West to paint them a picture on muslin for a transparency ; bnt it appeared they had not the common sense first to discover that they could not place it in a situation to receive the light behind it. So the picture, for * In the ' statement of facts' the outstanding debt, on bond, was declared to be 129,300/., aDd an annual payment of 71. 9s. 6d., on life annuities, the ages of the annuitants averaging sixty-four years. " The result of this debt," says the ' statement of facts,' " is the accession to the parish of the following property; viz. :— five churches, one chapel of ease, and a freehold burial ground of six acres ; a new infirmary, and other buildings to the workhouse ; a new court house, and a site of freehold ground for an additional watch-house." which they paid a verv large sum (800/.), was deposited under the church, or in the belfry, or in some such place, as a useless piece of furniture.

They also paid Mr. Rossi 400/. for figures, but what had become of them he did not know." * Upon a division oh Mr. Astell's motion the Bill was lost, by 105 to 88; several select vestrymen voting in the majority. The parishioners loudly denounced the conduct of those members of the select vestry who were in the house, in voting for the continuance of their own irresponsible power, and they published throughout the parish the charges proved in the Committee of the house of Commons against the vestry. The disapprobation of the alleged extravagant outlay in respect of the church, foimd a ready response from the sectarians, who, of course, bitterly inveighed against the spirit of pomp, extravagance, and injustice, which they declared the established church had, by her ministers and communicants, displayed.

On the 18th of June 1828, a pubhc meeting of the parishioners was held, at the Bazaar, in King Street, for the purpose of receiving the Report of the Committee, which had been appointed to introduce into Parliament the Bill which was rejected. Among those present were General Warren, E. Gold smid, Esq., General Fitzroy, M. P., 'Alexander Boswell, Esq., W. Skrine, Esq., M. Dawson, Esq., M.'P., Sir G. Noel, Bart., M.P., S. W. Watson, General St. George, and Sir R. Burrough. A report, detailing the illegal and extravagant acts of the vestry, was read to the meeting. The feeling of the parishioners at the conduct of the select will be gathered fiom the following motion, which was carried by acclamation : — " That this Meet ing views with indignation the late proceedings of the vestry, in opposing the Bill of the parishioners, lately brought into the house of Commons, and are determined to pursue every legal means in their power, to obtain a remedy for the grievances arising from the unconstitutional and pernicious system of close and irresponsible vestries, and that the following Gentlemen be appointed a Committee, to watch over the interests of the parishioners, and to check the proceedings of the vestry, by adopting such steps as may be hereafter necessary to secure the objects the parishioners have in view.

W. Crawford, Esq., Admiral Digby, Massey Dawson, Esq., M. P., G, Hibbcrt, Esq., E. Goldsmid, Esq., Colonel Dacre, R. Weymouth, Esq., General Warren, S. W. Watson, Esq., Colonel Alston, W. * See the Parliamentary Debates. Skrine, Esq., Major Naylor, R. Maconochie, Esq., Colonel Reeves, Honourable General Fitzroy, Sir R. King, and Sir R. Burrough. Simultaneously with these exertions on the part of the parishioners of St, Marylebone, were those of several other parishes of the metropolis, to effect a redress of the grievances under which they asserted they laboured from the operation of the select system. Gradually the leading men of these paro chial movement parties began to communicate with each other ; a sense of oppression, it would appear, induced them to join together ; and perceiving, upon the loss of the Bill prosecuted by the parishioners of St. Marylebone, that the entire force of the advocates of the select system would be brought to bear against the efforts of any single parish to emancipate itself, they determined to combine, and throw the whole weight of their grievances upon the notice of the Legislature, and to commence a system of agitation, which they foresaw would, in the then favour able aspect of the political horizon, bring them a large accession of strength, without offending any of their parliamentary friends.

In this determination they were confirmed by a pledge which Mr. Hobhouse made to the House of Commons, on the previous 9th June, two or three days after the rejection by the House of the Marylebone Bill. In presenting a petition from the inhabitants of St. James', Westminster, Mr. Hobhouse gave notice, that if the government did not take the subject under their consideration, and make it a cabinet measure, he would himself bring in a Bill for the regulation of all select vestries throughout the country, or at least within the Bills of mortality, early in the next session. This notice was practically a direct encouragement to the parochial movement party from the Whigs, who were then commencing their plan of agitation in order to unseat, from power, their opponents — the Conservatives. The measure which Mr. Hobhouse threatened to bring forward would, the Whigs well knew, occasion a strong contest between the two prominent parties in the state, and their policy would progress equally by the success or the rejection of such a measure.

In the then political disposition ofthe Legislature, no measure, but one so restricted as to be unacceptable to the movement party, who were then beginning to ask for a reform in the representation of the legislature, was likely to be approved of. The passing of a liberal Bill into a law was scarcely hoped for, perhaps not thought of, by the Whigs. But, should such a Bill THE OEMOCRATS be carried, it could not fail to rally rouna ihem a number of grate ful popular bodies, whose public approbation would doubtlessly strengthen the Whigs in the estimation of the movement party throughout the provinces. Should the measure be defeated then their opponents would be pronounced the enemies of local rights, and the promoters of injustice by the metropolitan liberals ; who would naturally look upon the Whigs as the real friends of free dom, and therefore support them in the anticipated struggle for ministerial power.

The select vestry of St. Marylebone paid little or no attention to the widely spreading public disapprobation ofthe self-elective system, and they continued as fixed as ever in their determina tion, not to agree even to a modicum of reform for the parish ioners. At a meeting of a number of gentlemen, who had taken a prominent part in the application to Parliament for the St. Marylebone Bill, at which Dr. Spry attended, an arrange ment was come to, which I cannot help saying (considering the temper of the times), would certainly not have been received by the parishioners with any degree of favour. This arrangement, I believe, is the same as that which was afterwards submitted to the vestry.* It comprized the following propositions : — 1. That the mode of electing vestrymen should continue unaltered. 2.