The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-26 00:00:00

SUPPIRESSION of CAMEgWIVELL and PECK HAM

FAIRS.

It will he in the remembrance of our readers, that in the
summerof 1823 an application was made to the Magistrates
of Union Hall, in pursuance of a resolution of the vestry of
Camberwell, to solicit their interference under the 55th
George 111, cap. 55, for the suppression of the disgraceful
scenes of riot and confusion which annually occur in the
month of August, under the pretence of holding fairs at
ICamberavell and Peckham. The Lords of the Manor were
summoned to attend, and prove their right to hold the
fairs. Evidence was adduced to prove the disorderly cha-
racter of the assemblages, and, no sufficient title being
made out to justify their continuance, the Magistrates re-
quired the Lords of the Manor to enter into their recog-
nizances to answer an information in the Court of King's
Bench. On this investigation the Magistrates were clearly
of opinion, that though the fairs had been actually held for
a long period, no right or title had been produced to warrant
the holding of them. The manor, they thought, was pro-
bably in the gentlemen who appeared as Lords of the Manor,
yet as the word fair did not occur in any of the ancient
deeds, and appeared for the first time in a marriage settle-
ment in 1720, they could not presume the existence of a
charter or prescription. Among the instruments produced
on this occasion, was the following grant of the manor by
King Henry VIII. in the 13th year of his reign:—
"Scott. The King, to all to whom, &c. greeting. Know ye, that
We, of our special grace, certain knowledge, and mere motion, and
for a fine or one hundred marks to us by John Scott, of Camber-
well, Esquire, paid for our ure into the hands of 31aster Thomas
Magnus, one of our Counsellors, .have given and granted, and by
these presents do give end grant to the aforesaid John Scott, of
Camberwell aforesaid, in our county of Surrey, Esquire, our
Lordship or Manor or Camberwell and Peckham, and all those our
lands and tenement., rents aqd services. in Camberwelland Peck.
ham aforesaid ; and also View of Frankpledge to the Court there
held. waifs and morays, with all other pnalles and amerci..inents to the
maid View of Frankpledge and Court belonging, and the chattels of
felons and fugitives there, which lately belonged to Edward, late
Duke of Bucks, and which the aforesaid John Scott held to farm
of the aforesaid late Duke, at the rent of 71. per annum, which said
Lordship or Manor, and all the lands and tenements aforesaid, and
rents, and *melees, and liberties aforesaid, came to our hand* by
reason of the attainder of the said Duke, who on Monday next after
the morrow of the Ascension of our Lord, the 13th day of 31ay, in
the 13th year of our reign. before Thomas Duke of Norfolk, Great
Steward of England for that term only, at Westminster, was at
tainted of High Treason, ashy record fully appears: To have and
to hold the aforesaid Lordship or Manor of Camberwell and
Peckham, and all the lands and tenements, rents and services, with
all their appurtenances ; and also View of Frankpledge to the Court
there holden, waifs and estrays. with all other profit!' and amen.
ciamenta to the said View of Frankpledge and Ccutt belong.
ing, and the chattels of felons and fugitives in the said town., hap-
pening to the' aforeiaid John Scott, his Heirs and Assignees tar
ever. To be holden by Us and our Heirs by Fealty in Fre Farm,
and rendering thence annually to Us, our Heirs and Assignees,
H. per annum, at two periods in the year, to wit. at the Feast of
the Annunciation of the Blessed Virgin Mary, and Saint Michael
the Archangel, by equal portions. to be paid into the hands of
the Treasurer of our Chamber for the time, in lieu of all services
and demand., and withoul composition or any other thing to be
thence rendered or made to Us, except the aforesaid rent of V.,
because express mention i. niaile of the true value, &c. %Vilna&
the King, at Hampton Court. the 25th Day of February.
" By the same King. and dated," &e.
Another patent was also produced in evidence. of 36
Henry VIII, by which this King granted tin Robert Draper,
gentleman keeper of his jewels, and to Elisabeth his wife,
all that our manor of Camberwell, otherwise Frerne, in our
county of Surrey, with all its rights, members, and appur-
tenances, and all that tenement called Frerne, with its
appurtenances, in our said county of Surrey, to the late mo-
nastery or priory of Holly well, near the city of London, now
desolved, lately belonging, &e. and all those our lands and
tenements on Camberwell Hill, &c." to he holden in
capite by the service of the twentieth part of a knight's fee.
Neither of the above patents grant a right to hold a fair.
A copy of the evidence, and the adjudication of the Ma-
gistrates, having been transmitted, to the Secretary of
State's office, the whole proceedings were submitted to the
Attorney and Solicitor-General, who; it will appear by the
following letter, were of opinion that there was not suffi-
cient ground to warrant an application to the Court of
King's Bench : •

" Whitehall. sth Deeernbet, 1823.
" Si*,-.Mr. Secretary Peel having caused the redignitances
tronscuitted in your letter of the 29th of August lam to be died
in the Court of King's Berkh ; and having consulted the Attorney
and Solleitor-tleneral respecting the proceedings to be taken In
consequence of the adjudications of yourself and your Brother
Magistrates, against Camberwell and Peckham Faire; 1 am di.
reeted by Mr. Peel to acquaint you, that the Law Officers do not
think the tiling of any information in this case upon the present
evidence will be attended with success.

•• Mr. Peel understands that this opinion is formed upon an
assumption that what is described In your proceedings as Camber.
well and Peckham Fairs is a continuing Fair held in the month
of August. on six successive days (excepting Sundt') at those two
places. If there be another distinct Fair held at a different time at
Peckham, he does not apprehend that this opinion is iiftended to
apply to such a cane and he requests that you will call on the
parties who promoted the proceedings to furnish you with some
more distinct evidence on the subject.
_.

" I am, Sir,
" Your most obedient humble Servant,
(Signed) H. HOBHOUSE.
R. J. Chambers. Esq. Poker Offire,
Union 11%11.

The vestry of Camberwell, however, were determined
not to suffer these nuisance-II to continue unabated, and
they therefore again resolved to bring the case under
the jurisdiction of the Magistracy. The Lords of the
Manor were again summoned to attend before a Petty
Sessions, held on Thursday at Newington, consisting of
the following Magistrates : John Striven, Robert Hedger,
William Nottage, J. T. Allen, William Holmes, Thomas
Lett, and David King, Esqrs.
Mr. wAnz. the Magistrates' Clark, read the resolution passed
by the Vicar and Parishioners of Camberwell, pronouncing Cam-
berwell and Peckham Fairs to be nuisances, under 3d Geo. IV,
cap. A 5.
The CHAIRMAN. Mr. Striven, read the Act, see. 17.—[The
Fair was admitted to be within ten miles of Temple-bar.l
Copies of summoner., were admitted to have been served on Blr.
Smyth, Mr. VI hitton, Mr. Halliday, Lords of the Manor of Cam-
berwell and Peckham ; and on Mr. Wm. Law and Mr. Jas. Law,
occupier...

31. r. Dodd. Steward of the Manor of Camberwell, claimed of
the above Lords to hold 'a fair for three days at Camberwell and
three days at Peckham, as Loids rf the 'Matior of Camberwell.
Mr. Dodd objected that the adjudication had been made SOT!
time since, and that the authority of the Magistrate.. under the Act
was at an end.

The CHU a MATZ intimated, that in hi► opinion the objection was
ill. founded.

Mr. C. E. DODD, Counsel for Mr. Shard. argued that the ob.
jeetion was grad; that the Magistrates had ever exercised their
authority, and had done their duty ; that the owners of the fair had
entered into recognizance* to try their title, and had so far done
their duty ; and if no prosecution took place it was not their fault,
and they ought not to be again haranted, as the tkir wax their pet.
ra•e property, asd, as such, ought to be retpected as much as any
other species of property.
11r. BOLTON, Solicitor, in reply. contended that the 'seagull.
lances had expired, and the present being a care in which the pub.
lie at large had an interest, that interest could not be defeated by
the recognisance, not having been proceeded upon ; and that if this
objection prevailed, a collusion might at any time be practised,
untie? which any nuisance similar to the present fair might be pro.
t ected.

CH AIRMAN—We are without direct precedent, and it in our duty
to &tide on general principles; I think, therefore, the question ought
to be put In tattle.
The other Alsgistrates concurred in this opinion.
The Counsel fur Mr. Shard prayed for time to enter into reeogni-
s

Mr. Dodd, Steward of Camberwell Manor, on the ground of the
above objection taken on behalf of the Lords of the Manor, declined
entering into evidence.

The ilagistratesdirected the necessary facts to be proved.
Upon which Alt. BOLTON stated the case, and called Henry
Gooch, of Camberwell, Esq.. who, tieing sworn, stated that he re-
sides in Grove-lane, Camberwell. Has lived in Camberwell 15 or
16 years; during that time a fair has been held on the 18th, 19th,
and 30th August, upon Camberwell-green. lies generally o:J-
-served the greatest confusion, riot, profligacy, and disorder.
During the years 1819 to 18-2•2 witness filled the office of Vicsr's
Warden. Hunt was then in the habit of holding his meetings
in the neighbourhood of the fair at that time. Lord Sidmouth
sent a large body of police, to assist the police of the parish ; and
from witness's conviction of the danger of ftirs, he made a point
of watching the closing of the booths end public-houses; and in
the discharge of this part of his duty witness bad the opportunity
of observing the pest drunkenness and profligacy which prevailed.
Paupers who had been relieved at the parish table were spending
it with their families in drunkenness; and In the fields conti-
guous he witnessed scenes too grin to describe, and in one of the
public-horses scenes equally offinrise. This was from eleven at
night to two o'clock in the morning. There were pickpockets
and thieves of every description. In one house in particular,
the Wellington, In the Kent-mod, one of the officers pointed out
to me ten or twelve persons of this class. Fro, whit witness his
men, the fair is a nuisance of the grossest description ; it disturbs
the peace, and destroy,' fir rally and gi.vd order. Never saw
ally WO i'en letter poi:tired by the ',sic of goods of any useful
description—nu horses or cattle, ha toys and trifles. This mode of
tic rutilc.houscs I punned for three years. I never