their duty, to which neglect it is owing, that the watchmen and beadles are not present; and this general neglect he apprehends is the reason why so many houses are robbed; that he has frequently found seven or eight watchmen together in an alehouse; he thinks, that the High-constable should visit the round-house in the night-time, once a month at least, or oftener if required.
James Sayer, Esq. being again examined, said, that Constables are appointed under Acts 29 and 31 George II. which Acts are in many articles defective; that 80 constables, which is the number limited, are not sufficient; that they are appointed by the Leet-jury, which has been attended by great partialities; for the Leet jury being composed of the Overseers of the several parishes of the preceding year, they protect each other from serving the office of Constable; that in general opulent inhabitants are excused, and young tradesmen returned; that, if a rich man is now and then returned, he is generally got off by pleading age and infirmities; that deputies are generally hired men, and though they cannot be appointed unless approved of by the Deputy High Steward, yet, as it is impossible for him to get a true character of the person nominated, he finds many unfit persons are appointed, who, he is informed, make a trade of serving the office; for remedy of which he proposed, that the number of constables should be increased to 120. He
thinks the burthen of serving the office of constable should not lay wholly on the trading inhabitants, as it does by the late Act; that, by common law, every person able and fit is liable to serve: that the fine for not serving the office should be enlarged from 8l. to 20l. which fine should be distributed among those that do serve: and he added, that twelve being obliged to attend daily during the Session of Parliament, as long as either House sits, the duty comes round to each individual every sixth day, eight being excepted, who may be sick, or kept in reserve; during which attendance the constables must necessarily neglect their own business. With respect to the High-constable, he said, it is an office of great burthen and trust; that, by law, he the witness is obliged to appoint a substantial tradesman to that office; that the person appointed is not to continue in office above three years, and is liable to a penalty of 20l. for refusing to serve, which penalty goes to the poor of the parish; upon which he observed, that the High-constable should not be a tradesman, because his power enables him to oblige the keepers of public-houses to deal with him, or those with whom he is concerned in his way of trade; that the penalty on persons refusing to serve the office should be increased; that the High-constable should have a reward for his service, and that the constables of the night should have a reward also.
Sir John Fielding being again examined, said, that ballad-singers are a greater nuisance than beggars, because they give opportunity to pick-pockets by collecting people together; that the songs they sing are generally immoral and obscene; the people themselves capable of work, and of the lowest and most abandoned order of people; for remedy of which, he proposed that all ballad-singers should be considered as vagrants, and made liable to the same punishments, no person being a vagrant now but who comes within some one of the descriptions of vagrancy in the Vagrant Act. And the High-constable being again examined, informed the Committee that he has often had warrants for taking up ballad-singers; that he has apprehended a great many, notwithstanding which their numbers increase, and they are become a very great nuisance; that they have often been dispersed, but still continue the practice.
Sir John Fielding, being again examined, said, that the City of Westminster is a franchise under the Dean and Chapter of Westminster; that the common gaol thereof is called the Gatehouse, to which offenders of every kind, apprehended within the Liberty of Westminster, have been usually committed for several years back, to the number of 600 or 700 annually; that in this gaol there is little or no allowance or provisions for the prisoners but what arises from the charity
of passengers, seldom amounting to more than five or six shillings a-week, the greatest part of which is given to the beggar at the window for the day. That the said gaol appears, from experience of the Magistrates, to be too small for the number, and too weak for the safe custody of prisoners; that to this gaol persons for execution in debts recovered in the Court of Conscience, are committed; and he said, he believed this is the only gaol in England where there is not some provision for the poor and distressed prisoners; and he added, that when a Magistrate commits a man to that gaol for an assault, he does not know but he commits him there to starve. For these reasons, as well upon the principles of humanity as of civil policy, this ought to be remedied; and that, on account of the vast increase of inhabitants, property, and number of offenders, there ought to be in Westminster a strong, capacious, and useful gaol, and there is no such thing at present; that the said gaol, called the Gatehouse, is a very old building, subject to be repaired by the said Dean and Chapter, who appoint the Gaoler; that the supposed original use of this gaol was for the purposes of committing Clerks convict. The commission of Magistrates is not later than Charles the First's reign; they began first to commit offenders to this gaol, rather by sufferance than by right; and he observed that, however proper it may have been for its
original purposes, it is unequal to the present occasions, and, as he apprehends, cannot be altered without a Law. And he further informed the Committee, that the Magistrates of Westminster have represented this matter to the Dean and Chapter, who acknowledge it, are willing to pull it down, and to give a piece of ground in their Royalty in Tothill-fields to build a new gaol upon, and to subject the same, with every thing thereunto belonging, to the Magistrates of Westminster, under such regulations as the Legislature shall think proper, provided a sum be granted by the publick for building the same; and he added, that estimates have been made, by which it appears that a very effectual gaol may be built for the sum of 2500l. In order, therefore, to remedy the inconveniences above-mentioned, he proposed that such gaol should be built and kept in repair out of the County rate, which he said may be done without injury to the County at large, for this reason, that there is but one rate at present for Middlesex and Westminster, near one-third of which is paid by the latter since the increase of buildings there; that this proportion is much greater than the expences required by the Act for County rates would subject Westminster to; and he added, that the gaol, called the House of Correction, Westminster, is repaired by the Magistrates of Westminster, and the expence is paid by virtue of their orders on the
County Treasurer; that the same thing, if allowed by Parliament for the repairs of the proposed new gaol, will answer the purpose without separating the rate.
James Sayer, Esq. being again examined, concurred with Sir John Fielding in every particular.
Sir John informed the Committee, that about six or seven years ago the Magistrates of Westminster had no other Court-house but a place at the bottom of the stairs leading to the House of Commons, called Hell, to keep their Sessions in. The increase of business and of offences in Westminster made it impracticable to carry on the business there. The nuisance was represented by the Magistrates to the Lord Lieutenant, Lord Northumberland, who said, he had then applied for redress, and told the Chairman it could not be taken up by Government then, but would be in future considered: in the mean time, at his own expence, amounting to 800l. he directed the Chairman to prepare a large house in King-street Westminster, which was formerly a tavern, to be made proper for a Court-house; that the Magistrates for their Sessions, the Burgesses for their Courts, the Lieutenancy for the Militia, Commissioners of Sewers for their business, Grand Juries for the County of Middlesex, Writs of Enquiry for the Sheriffs, and meeting of inhabitants for nominating their Representatives, should use the said building; for all which