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High & Low Bailiffs

E

Emma_wych_elm

Guest
Hello - am wondering if anyone can offer help or advice as to where (preferably on the web) I might find a history of the high and low bailiffs, in particular information as to where the offices were based and who was in office around 1820.

Many thanks in advance,
Emma
 
Hi Emma - Welcome to the forum! Good question which I am not sure I have seen a full answer.

Birkenshaw - Birmingham', A Topographical Dictionary of England (1848) https://www.british-history.ac.uk/report.aspx?compid=50802 says:
"The town was formerly governed by a high and a deputy constable, but has been incorporated by charter under the 5th and 6th of William IV., cap. 76. The borough comprises the parishes of Birmingham and Edgbaston, and the hamlets of Deritend with Bordesley, and Duddeston cum Nechels; and is divided into thirteen wards, viz., Lady-wood, containing 8787 inhabitants; All Saints, 13,719; Hampton, 11,037; St. George's, 19,648; St. Mary's, 14,685; St. Paul's, 8973; Market-hall, 13,014; St. Peter's, 16,773; St. Martin's, 13,325; St. Thomas's, 18,254; Edgbaston, 6609, Deritend and Bordesley, 18,019; and Duddeston cum Nechels, 20,079. Each ward returns three members to the town-council, with the exception of Duddeston cum Nechels, Deritend and Bordesley, and St. Peter's, each of which sends six councillors. Thus, the total number of councillors is forty-eight; and there are sixteen aldermen, out of whom, or the councillors, a mayor is chosen. The manorial officers consist of a high bailiff (who is also clerk of the market), a low bailiff, two constables for Birmingham, a constable for Deritend, a headborough, two ale-conners, two flesh-conners, two affeirers, and two leather-sealers; who are chosen annually at the court leet of the lord of the manor, at Michaelmas. By the act of the 2nd of William IV., cap. 45, Birmingham was constituted a parliamentary borough, with the privilege of sending two members; the mayor is the returning officer. The powers of the county debt-court of Birmingham, established in 1847, extend over the registration-districts of Aston and Birmingham, and part of those of King's Norton, Meriden, and West Bromwich. The court of bankruptcy, established in 1842, and held daily in Waterloo-street, embraces several counties. The public office, in Moor-street, is a commodious building with a handsome stone front, and comprises a well-arranged court-room, in which the magistrates hold their sittings, with apartments for the street commissioners and other officers for the internal regulation of the town: behind is a prison for the confinement of offenders previously to their committal to the county gaol at Warwick. A new borough gaol was commenced in 1846. The superintendence of the police is entrusted to the council; the paving and lighting of the streets, and the general improvement of the town, are under the direction of 100 commissioners, and the management of the poor is vested in overseers and guardians. Large baths for the working classes were established in 1846; and in the same year an act was passed for a public cemetery."
 
Wow! Thank you for your quick responses, Aidan - much appreciated. You're right; information about this is hard to come by.

Thanks also for welcoming me to the forum; am tracing my family tree too and I think this'll be v helpful.

Best wishes,
Emma
 
No problem Emma. If you find any other High or Low Bailiffs, Constables, Scavengers, Headboroughs, ale-conners, flesh-conners, affeirers, leather-sealers or others then I hope you will post them!
 
Emma, this is a fascinating and largely unknown aspect of Birmingham history. As Aidan has described, the "feudalistic" system of local government (under the "Lord of the Manor") lasted until the election of the first Birmingham Town Council in December 1838. A good source of information is William Hutton's History of Birmingham, the sixth edition of which (Birmingham: James Guest, 1835) is available here (just click on the link) thanks to archive.org. On page 213 he says:
The officers who are annually chosen to direct this prosperous seat of fortune are: high bailiff, low bailiff, two constables, two high tasters (or ale conners), two low tasters (or flesh conners), two affeirers (or affeerors), two leather sealers. All which the constables excepted are no more than servants to the lord of the manor and whose duty extends no farther than to the preservation of the manorial rights. The high bailiff is to inspect the market and see that justice takes place between buyer and seller and to rectify the weights and dry measures used in the manor. The low bailiff summons a jury who choose all the other officers and generally with prudence. But the most important part of his office is to treat his friends at the expense of about £70. The headborough is only an assistant to the constables chiefly in time of absence. High tasters examine the goodness of beer and its measure. Low tasters inspect the meat exposed to sale and cause that to be destroyed which is unfit for use. Affeirers ratify the chief rent amercements between the lord and the inhabitant. The leather sealers stamped a public seal upon the hides when Birmingham was a market for leather.​
On pages 216-217 he gives a list of Constables (who came in pairs) for the period 1680-1722. On pages 218-221 a list of High and Low Bailiffs and Constables for the period 1732-1790, which is continued up to 1832 on pages 482-484. (There is a gap in the data for 1723-1731 for some reason.)

Navigation in archive.org e-texts is quite easy: just type the required page number in the "Page" window (upper right) and press "Enter". The year you're interested in (1820) is found on page 483. You can also use the "Search" window if you're looking for particular names or topics. Be warned, though, that the "Search" facility is not foolproof. For example the names in those "sideways" lists aren't found. Sometimes you just have to plough through the text!

There is some information out there beyond the scope of the lists provided by Hutton (and his continuators). For example, one Richard Smallbroke was High Bailiff in 1552, John Cliff was Headborough in 1828, John Alston was High Bailiff in 1841 (after the establishment of the Municipal Council). It is interesting to note that William Scholefield, the first Mayor of Birmingham in 1838, had been High Bailiff the previous year.

There are some grand old Birmingham names in these lists: Attwood, Baskerville, Colmore, Heaton, Ledsam, Muntz, Phipson, Rotton, Ryland, Scholefield. Plus many more we don't recognise. And, as Aidan said, it would be great to learn about some of the "lesser" officials: Scavengers, Ale- and Flesh-Conners, Affeirers, Leather-Sealers, etc. Wondeful titles!

Welcome to the Forum, Emma, and good luck with your researches! :)
 
That is an excellent find Thylacine - great job descriptions and certainly some familiar names that are mentioned in passing on other threads - certainly the great (and hopefully good) of Birmingham.
 
Thank very much for this - all very interesting and much appreciated. Agree that the 'lesser' officials sound intriguing... beer taster sounds like a dream of an occupation!

Emma x
 
I came across this in my collection of photos, the only information I have is it was the Court Leet courtyard on the High Street which became surplus to requirements on the building of the new Public Offices on Moor St.

I can't seem to locate this Courtyard on the high Street, this photo was taken c1900. Perhaps someone will have more luck than I.

Phil

Photo replaced
City High Street Old Court House.JPG
 
Last edited by a moderator:
That's a great picture, Phil. Thanks for sharing it. I hope someone can tell us more about the location.
 
Phil
The old court house was no 26½. Ican’t get closer than the area in blue on the map. That area seems to have been destroyed when Moor St station was constructed, though it would have been north of the line, so was not under the station
Mike
 
Phil
The old court house was no 26½. Ican’t get closer than the area in blue on the map. That area seems to have been destroyed when Moor St station was constructed, though it would have been north of the line, so was not under the station
Mike

site_old_court_house_1890.jpg
 
Mike

Thanks a bundle for that, so it was more or less where the Times Building stood?

Phil
 
On the subject of minor officials, I'v e been researching somethhing entirely different but came across a 'Constable of Birmingham'. This was in the early 1830s. Samuel Rawlins had been appointed constable of Birmingham in September 1836, but this was an unpaid, honorary office. [1] He had taken no other person into custody that year and doing so was not considered part of his duties but was in attendance ata a vestry meeting when violence [possibly] broke out between churchgoers and a member of the Birmignham Political Union- and successfull businessman and future MP – Frederick Muntz.

According to the officer’s testimony


I said ‘Mr. Muntz, what do you do there?

He said, What right have you to interfere?

‘I am one of the constables and I am here to preserve the peace.’

At the time he asked me my authority he laid hold of a walking stick I had in my hand and endeavoured to wrest it from me. He then said ‘show me your authority.’ I immediately drew the staff of office from my pocket and said, as Mr. Muntz tried to get over the pew ‘Mr. Muntz, you shall not go there; if you do, I shall try to prevent you.’

J. H. Shearman, a surgeon and proprietor of The Philanthropist, saw Rawlins ‘strike at the people left and right… the conduct of Rawlins was extremely violent.’[2] Muntz attempted to prevent this and did so without knowing Rawlins was a police officer. Once Rawlins produced his staff of office Muntz returned to his seat. [3] Rawlins, it should be mentioned, was also member of the Loyal and Constitutional Association and had been in the vestry since the commencement of the meeting. With the reformers subdued by the presence of the police, the vesry election continued before Moseley declared that Brown had won with a large majority. [was there a peaceful outcome – did they chat afterwards?]


[1] Rawlins by AG, Birmingham Gazette, April 2, 1838.
[2] Shearman, Birmingham Gazette, April 2, 1838.
[3] Rawlins cross examination. Birmingham Gazette, April 2, 1837.
 
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