A 714,031 UNIVERSITY OF MICHIGAN QUERIS PENINSULAM.AMO NAM um 1812 LUN! LIR MIND SCIENTIA ARTES VERITAS LIBRARY OF THE minna thult En TI:XION MINIV SHI CIRCUMSPICE ti: HIIHIIG тн Е H i STORY. TO OF THE P O OR; LIVERPOOL LIBRARY THEIR ŘIGHTS, DUTIES, AND THE LAWS RESPECTING THEM. IN A SERIES OF LETTERS. BY: THO. RUGGLES, Esq. F. A. S. One of his Majeſty's Juſtices of the Peace for the Counties of Eflex and Suffolk, IN TWO VOLUMES, VOL. I. LONDON: PRINTED FOR J. DEIGHTON, NO. 325, OPPOSITE GRAY'S-INN GATE, HOLBORN. MDCCXCIII. Reg. stacks tremua stacho Kehamn 5-4-49 65314 TO THE movi PU B L I C. WHEN I at firſt determined to reviſe the following Letters, and to publiſh them in a volume di- ſtinct from that uſeful Agricultural Regiſter *, wherein they firſt ap- peared; it was my intention to ad- dreſs them to Mr. Pitt, under an abſurd perſuaſion, that a miniſter of ſtate is expected, as it were, ex officio, to read thoſe treatiſes which are; through the medium of the preſs, di- rected for his peruſal; and alſo from a belief that if he did peruſe, he might, from the detail of what has # The Annals of Agriculture, by A. Young, Eſq. a 3 been 1 ii . 1 TO. THE PUBLIC. 1 been done by the legiſlature for the poor, has been writtef by thoſe whoſe obfervations on the ſubject have been preſerved in print, of from the Hints and obſervations ſcattered through- put the publication itſelf, find fome- what upon the ſubject, which when improved by his folid judgment, ma- tured by experience, might, in the form of an act of the legiſlature, me- liorate and improve the ſituation of the poor; , and diminiſh the expences of their maintenance. But reflection foon cured me of that preſumption ; a miniſter of ſtate is the laſt perſon in the kingdom who can be expected to read books ; he has more upon his hands, to read men, than he can eaſily get over in the daily rotinę of buſineſs; in the mean time with reſpect to the ardua, regni, 7 ܪ 'TO THE PUBLIC iii ) regni, he cannot poſſibly attend to a more irrefiftable monitor than the public voice ; by which expreſſion, neither the howling of a favage and licentious mob, or the series of pre- tended patriotiſm, are intended; but the voice of that general opinion, which arifes from general knowledge of the ſubject, that ſpeaks always in a tone, and with an authority, which is irreſiſtable, and then truly is, not the vox populi alone, it is the vox Dei. To the Public therefore, this hif- tory of, and theſe obſervations on, the police reſpecting the poor; are properly dedicated ; if any part of the detail contained in the following pages; if any of the obſervations, áre worth the attention of the Public; if any of the hints here thrown out, tend a 4 w TO THE PUB'LI C. ) ; tend" in the leaſt degree to meliorate the condition of the poor themſelves, or to ſave the Public any part of the vaſt expence which lies ſo heavy on the ſhoulders of the landed intereſt, conſiſtent with the general comfort of the ſociety at large; their diſcern- ment will ſee it, their good ſenſe will apply it, and their voice will ſpeak with irreſiſtible perſuaſion to our rur lers, that it may be done. If nothing in theſe pages are wor- thy their attention; if no ideas can be collected from the variety of mat- ter treated of, which tend to throw light on this ſubject of ſo great con- fequence to us, and to our poſterity ; the contrary preſumption will be pro- perly puniſhed by the public neglect; and the inſignificance of the publi- cation will doom it to that oblivion, in TO THE PUBLIC. . 1 . in which many other tracts on the ſame topic are buried. In ſuch a caſe, the writer would have offended ftill more againſt the public advantage, had he by an ad dreſs to the miniſter taken up any of his valuable time ; but yet he wiſhed through the medium of the preſs to talk with him on the ſubject; to aſk him whither that vaft increaſe of the poor's rate which became known to the public by the means of the re- turns from the overſeers in the year 1787, is not worthy his attention? Whither the ſubject itſelf is of fo trifling an import as to be always left to the determination of a number of members of the Houſe of Commons, fcarce greater than would meet as a corümittee on a private bill? or whi- theç he receives any fatisfaction from a con- 1 vi TO THE PUBLIC ܪ : a conduct, fimilar to that of the dog in the manger, doing nothing him ſelf and not permitting any other perſon to be active on the fubject? The fate of Mr. Gilbert's bill and Sir William Young's plan, fhows fomewhat of this diſpoſition ;, the firſt probably fell like other miſ-ſha- pen and difproportionate buildings, mole ruit fua; the laſt certainly con- tained ſome good regulations; was calculated to give a ſpur to our acti- vity in the adminiſtration of the poor laws;; and to recal into the execution of them ſomewhat of their original intent; the promotion of induſtry, and the encouragement of labour. But public rumor then reported, that the miniſter intended to take the buſineſs under his own inſpec- pion, and for that reaſon he diſcoun- tenanced + TO THE PUBLIC. vi 1 countenanced the indigeſted ſchemes of private individuals; we know not indeed, but at this inſtant he may be employed in digeſting a code which ſhall comprehend in its ſcope every thing that can be expected from the union of great ability with an intimate knowledge of the ſub- jećt ; or poſſibly his mind may be made up; and after much inveſtiga+ tion of, and attention to the matter, he may have come to this prudent reſolution--- I will do nothing---leaft done, like leaſt ſaid, is ſooneſt mended. But yet this important þuſineſs preſſes,---the poor rates are ſtill riſing throughout that part of the kingdom which cannot employ its poor in manufactures ; and ma- nufactures are by no means general, but local ; beſides, while not one quarter Vio TO THE PUBLIC. im- quarter of the iſland receives any mediate benefit from the very flou- riſhing ſtate of our trade and manu- fáctures, the three fourths which are in ſtill water, feel themſelves in dan- ger from the very cauſe which creates the calm and oppreſſed with an ad tional weight by the ſurges which circle round the pool, find it is with difficulty they can keep the head above water, While the diſtant rumour of large wages makes the poor diffatisfied with thoſe, which agriculture can afford, it creates a diſlike 10. that labour which in their opinion, judging by compariſon from vague report, how manufacture pays its workmen; is ſo poorly recompenſed; this gives rife to idleneſs, which creates a call on the fund raiſed for their ſupport; henco 1 TO THE PUBLIC: it hence arife rates to which a four ſhil. ling land-tax is a trifling objects hence we know of inſtances where the poor rates amount to the annual rent of lands. Is not this a fact? Is it not a grievance? if this is not cor- rected in time of peace, where will the financier find the dividends in any future war to pay the intereſt of an increaſed debt? does not the fub- ject therefore on this account de mand the attention of a miniſter du- ring the Halcyon days of peace? The natural and political liberty of the maſs of the people is clogged and diminiſhed by the law of ſettle.' ments; and in the opinion of ſome of the beſt writers, and ſtrongeſt rea- foners, on this important topic, it is unneceſſarily and unwiſely abridged ; do not the poor laws on this account alſo, ! TO THE PUBLIC alló, demand the attention of the ftateş is it not juſt that every indi- vidual of the kingdom ſhould enjoy as much freedom, as is confiftent with the fafety of the whole ? But it may poſſibly be replied in the lan- guage of ſtake prudence; this is not the time; fée what-the cry of liberty, and the call for freedom have dono upon the continent; the anſwer is obvious; the cafes are widely diffex rent - the one is a temporary anar- chy ariſing from the abolition of alt government; the other would be a recovery from a reſtraint inimical to the intereſts of labour' and induſtry, flowing from the power, and en- lightened mind, of the legiſlature it- ſelf; the one would be legal liberty, the other is exceſſive licentiouſneſs; therefore let us-not, by ſuch a ſuper- abundant TO THE PUBLIC abundant caution, fuffer ſtate pru- dence to rivet our fetters cloferji in proportion as our neighbours acquire a freedom; which they have not yet learned how to uſe with proprietyg or to exerciſe with dignity... This language proceeds on the preſumption, that it is a point: prové ed in the following ſheets, that a partial repeal of the law of ſettle- ment, or ſuch a modification of it as would permit the poor man to go where he could beſt find employment, would be beneficial to the intereſt of the ſtate, as well as favourable to the liberty of the ſubject; and ſurely the point is fully and ſatisfactorily prov- ed; if the united opinion of men of the moſt enlightened minds, and moſt inſtructed judgment, does in any caſe amount to proof; or if the wealth xii TO THE PUBLIC wealth and proſperity of a kingdom increaſes in a ratio with the aggre .. gate of the money earned within the kingdom by the labour and employ-: ment of its inhabitants: But while this claim for a greater degree of freedom is made for the poor, and a melioration of their con- dition is propoſed in this reſpect ; care has been taken to point out the means of preventing ſuch a degree of liberty, generating licentiouſneſs, by recommending the erection of ſchools of induſtry on the baſis of the power given by the ſtatute of Elizabeth to raiſe by aſſeſſment a ſum of money to purchaſe a ſtock of wool, hemp, flax, &c. for their employment; an object which ſeems ſcarcely attended to by thoſe who now carry into execution the poor 1 1 TO THE PUBLIC. poor laws; as appears by the very trifling total returned to the Houſe of Com: mons by the overſeers, as expended on that account throughout the kingdom; this ſurely is another ob- ject worthy the attention of a great miniſter; and it is an object that cannot generally be enforced without the aſſiſtance of the legiſlature; none of the ſubſiſting ſtatutes pointing out the means of doing it, diſtinct from thoſe peſts to the morals, health, in- duſtry, and activity of the riſing ge- neration, work-houſes; which are horrible, although as the police re- ſpecting the poor is at preſent regu- lated, neceſſary evils. The claims of the poor ón ſociety have alſo been glanced at in the fol- lowing pages; by this expreſſion, no abſtract ideas of a claim to equality, VOL. I. b either Xiý TO THE PUBLIC 1 either in legiſlation or property, has been canvaſſed ; but ſimply that claim to a 'fair retribution for their ſtrength and ability to labour, which is their only birth-right; for it is a principle ariſing from neceſſity, that in all-civilized ſocieties there muſt be hewers of wood and drawers of water ; but thoſe who fill up the lower, though uſeful rank of our fel- low- ſubjects, infinitely' exčeed in number and in actual utility all the other claſſes of ſociety put together; their claims are therefore as ſerious rights, and they demand from the ftate full as ferious a conſideration, as any other claim upon it, for ſecu- rity of political liberty or private pro- perty; the right to receive a com- penſation for their labour, adequate to their neceſſary wants, while they have 1 TO THE PUBLIC: XV have a capability of labour is cer- tainly due to them; and the right of maintenance from the more opulent claſſes of ſociety when that capability to labour is paſſed, is another debt which ſociety owes them. In the diſcharge of this demand, has ariſen that burthen which the landed intereſt in particular have great cauſe to complain of, the poor's rates; which in many diſtricts, when united with the land-tax, and tithes, amount almoſt to a diſinheriſon; for, although the occupier or tenant no- minally pays, the tithes and poor rates, the land in fact bears the weight; and the total is taken from the landlord's pocket; therefore while we are finking under this treble load, is it not natural, is it not juſt," that we ſhould enquire into the tranſac- tions b 2 XVI TO THE PUBLÍ C. tions of paſt times, and ſearch the records of antiquity, to explore on whał principle of légiſlation, from what conſent, virtual, or implied, of our forefathers, from what fyſtem of laws, human or divine, this ruinous fact, though apparent paradox, ſhould happen ? that from the ſame circle of land, the ecclefiaftics claim a tenth of the produce, in moſt inſtances equal to a half of the rent; the ftate one-fifth; and the remainder of the reſerved rent will not always fatisfy the demand of the poor's rate. In the following pages, that enquiry has been made, and the myſtery has been in fome degree developed ; more eſpecially as to that part of the caſe which relates to the productiveneſs and application of thofe eftates which were originally given to the clergy in A TO THE PUBLIC. xvii in truſt for eleemofynary purpoſes; but if the laity were to claim from the legiſlature, that equity which the court of Chancery would decree on a bill filed in common caſes, on complaint of a ceſtui que truſt; that the truſtees ſhould fulfil thoſe truſts for the purpoſes of which the eſtate was granted ;: à cry of, the church is in danger, much more ſerious, and diſtreſſing, would ariſe throughout the land, than any attempts of the fectaries have occaſioned. This alſo requires the attention of the miniſter; but the pen of no individual can ever be expected to rouſe him to action on this point; nothing but the public voice is equal to that effect; ſuch an equitable decree of the legiſlature, claſhing with the intereſts of ſo reve- rend a portion of our fellow-ſubjects. b 3 Ano- xvili TO THE PUBLIC. Another object worthy the atten- tion of a miniſter of a great nation has been comprehended in this en- quiry; an object“not confined ſolely to any particular code of laws; but em- bracing all legiſlative acts whatſoever; the whole force and the energy of which lie entirely in the means pro- vided for inſuring their exact- and uniformn execution; what are all acts of parliament, which profeſs to com- prehend every rank and denomination of ſubjects, but å rule of municipal conduct which all are to guide them- ſelves by? and the vindicatory fanc- tion contained in them is the com- pelling power; now, if that ſanction is ſuch, as when called into uſe, in- dicates a preſuppoſed depravity in thoſe who are to be governed ; an injury is done in the very prelude; and TO THE PUBLIC. r xix and the teſt of the ordinance is vi- tiated ab initio ; becauſe the moral delinquency of the ſociety is pre- judged; ſuch is the ſanction which is expected to enforce the execution, not only of the poor laws, but of moſt of the penal clauſes in the ſta- tutes at large; they are to be en- forced by penalties, on the informa- tion of fellow-ſubjects, whom the legiſlature ſuppoſes will degrade themſelves to become informers; not for the good of the public, not from patriotic, moral, or religious motives; but from the vileft of all; from the ſordid motive of gain, it is ſuppoſed, that a ſubject of the ſtate will place his neighbour under the correction of the law; this general idea dif . graçes the nation; and the principle b 4 is TO THE PUBLIC is proved by experience to be in: effectual. The manufacturing and commer- cial intereſts of the nation, ſeem to have underſtood mankind better, than the ſtateſman; or at leaſt they have formed a better opinion of their neighbours; for, in the acts of par- liament, to prevent frauds, and abufes, amongſt the manufacturers and arti- zans, they have modelled the penal ſanction on a different principle; the whole penalty is given to the and they are, in a committee, em- powered, to appoint an inſpector, whoſe duty it is to go his rounds, to ſee the regulations enforced, lay his informations, and ſee the penalty diſtributed according to the act; the ſtrict execution of theſe acts of the legiſlature, poor; TO THE PUBLIC. Ext: legiſlature, is a proof of the efficacy of the means uſed; but theo penal fanction of laws, is not intended, like cobwebs, to catch flies only, and ſuf- fer the larger-infects to break through the web; it is a net for all ; and equally intended as a compulſive re- gulation to the poor, as to the rich, to the overſeer, as to the magiſtrate ;- a hint therefore from theſe regulating ſtatutes. might give energy to the poor laws, and vigour to the execu- tion of them; or at leaſt would in- creaſe the revenue for their mainte- nance, from the proper ſources ; the pockets of thoſe who undertake an office, but neglect the duties annexed as to it. On the whole ; the public will read in the following pages, a fum- mary 1 TO THE PUBLIC. a : mary hiſtory of the duties of the poor to; and their claims from, for ciety; throughout that part of this kingdom ſubject to the poor laws; traced from the earlieſt times, in which the poor, and their intereſts have been confidered by the legifla= turę;, and continued to the cloſe.of the laſt parliament; together with a tranſient view of the thoughts, and opinions, of thofe whoſe writings on the ſubject have been handed down to us“; interſperſed with obſerýations as the ſubject gave riſe to them; to- gether with ſuch reflections as have ariſen from an attention to the whole of the evidence here ſub- mitted to the public, compared with the opinions of thoſe, men, eminent for their abilities and the purity TO THE PUBLIC. xxiii 2 purity of their intentions, who have made this enquiry an object of their contemplation. The preſent critical ſituation of this kingdom, ſo different from that peaceful and proſpering ſtate which it occupied during the period through which much the greateſt part of the following treatiſe was written; calls upon every man, whatever may be his claſs or condition of life, to ſup- port by all the means in his power, the conſtituted government of his country; which can no way be fo effe&tually done as by promoting in, duftry, economy, and good morals among the poor; if in times of peace and proſperity this is the more parti- çular duty of the magiſtrate; in the commencement of a war the prin- ciple of which is as novel as its event is XXIV TO THE PUBL 10: is uncertain; it becomes a crime to negle&that, which in times of peace would be thought no immaterial obligation ; and if the duty of a mi- niſter ſhould impel him in thofe times to make ſuch regulations in the internal police of the kingdom, as to call forth the greateſt poſſible production of its induſtry, with which the proſperity and happineſs of all ranks in the ſtate muſt be eon. nected; much ſtronger ſhould he feel that impulſe in the beginning of ſuch a war as the preſent; the con- fequences of which to our religion, our morals, our laws and conſtitu: tion, no human eye can foreſee; but the immediate effect of which on our trade, our commerce, our eſtates and our property, we muſt all ſoon feel; therefore there can be no time or ſituation TO THE PUBLIC: 1 ſituation more proper than the pre- ſent for an enquiry of the kind here offered to the public; although there may be many enlightened minds in this kingdom whoſe abilities and means of information may qualify them to offer a more ſatisfactory treatiſe. T. R. CLARE, March 12, 1793. L E T T E R S ON THE POOR; THEIR RIGHTS, DUTIES, AND THE LAWS RESPECTING THEM. L E T T E R I. DEAR SIR Clare. HEREWITH you receive the firſt letter of a ſeries, which ſhall comprehend an inveſtigation of the cauſes that produce ſo much miſery and diſtreſs among our agricul- tural poor ; which will be accompanied, du- ring the continuation of the ſubject, with hints tending to a plan, that it is imagined, may render their ſituation more comfortable, and leſſen that heavy burthen of rates, which impoveriſh the landed intereſt, and in fact anticipate the ſource of our political expen- diture. VOL.I. B I began 2 L E T T E R I. ر I began the inquiry during the former part of the winter, with the intent of ſending it to the Editor of the Annals of Agriculture; but doubted with reſpect to the propriety of the ſubject for that compilation ; until having the pleaſure of your company at Clare, you indi- cáted a wiſh that it might be ſent you. It very forcibly ſtruck me, that during the folitude of a long winter, ſpent in the coun- try, in the lapſe of time which daily paſſes away between the hours allotted to refreſh- ment and repoſe; that mind muſt be torpid and inactive, in which many ideas do not arife that cannot be referred to perſonal views, or ſelfiſh conſiderations, and which are not occaſioned by objects of buſineſs or plea- fure; but take their origin from better mo- tives, and impulſes of a higher nature ; from reflections on the relative ſtate our happineſs is placed in, with reſpect to that of our friends, and more immediate neighbours in the firt place;. of our countrymen in the next'; and ultimately, not only of the human race, but of the whole animal creation. One ſerious cauſe muſt therefore ariſe from this ſource, tą taint the happineſs of a life pafled, L Ê T T E R I. 3 paſted in retirement; as our ideas take their colour from the more immediate objects of our obſervation, it is impoſſible but that ſome thing of a ſombrous and unpleaſant hue muſt tinge the mind, while it attends to what paſſes in that claſs of ſociety which is more imme- diately ſubject to our obſervation; and while we perceive and feel, as it were, the fordid mi- ſery and diſtreſs of our near, though humble neighbours, it is impoſſible that a mind rightly diſpoſed, whoſe beſt energy is to be alive to the woes of others, can enjoy uninterrupted eaſe, while ſo much miſery is ſo near the threſhold ; charity can do much, but cannot do every thing, nor for every body, although ſeconded by the beſt intentions, and moſt li- beral purſe; objects of miſery, like mountain above mountain to the weary traveller, ariſe to the view ; creating deſpair of attaining to the end of their wiſhes, even in thoſe who poſſeſs the ſtrongeſt and moſt liberal minds and recalling neceſſary and honeſt prudence to her feat. But ſtill one ſource of beneficence may be opened without fear of impoveriſh- ment, and the powers of the mind may be B2 called 0 1 .... 4 L E T T E R I. called to the aid of charity : Is it impoſſible to explore the cauſes of that miſery, which we diſcern among our poor neighbours? And the cauſes being explored, may not a remedy be pointed out? The attempt is worth the labour, although the event fhould not be ſucceſsful ; this one fact being too glaring for humanity to be blind to; that while a tenth part of our countrymen enjoy the comforts, or revel in the luxuries of life, the patient and induſtri- ous multitude are ſinking beneath a load of po- verty and wretchedneſs. Reflections, ſuch as the preceding, gave riſe to this inquiry; I thought that a few of the leiſure hours of a country life, could not be better employed, than in an attempt to in- veſtigate the cauſes of that miſery, which we fee among our working poor, and to point out fome probable and practicable means of re- lief and amendment of their condition; con- ceiving alſo that the ideas and hints' which might ariſe from ſuch an inquiry, could not make their appearance with ſo much propri- ety in any publication as in the Annals of Agriculture; becauſe the object of it reſpects the L E T T E R I. 5 7 the happineſs of a claſs of our fellow-crea- tures, without whoſe manual labour the fruits of the earth could neither be fowed or reaped; and alſo recollecting that if a ray of reaſon is elicited in the progreſs of the inquiry, it is due to the ſhrine of Agriculture, which, if not wiſdom herſelf, bears a ſtrong reſemblance of her divine original : I therefore dedicate the following pages, on this too much neglected ſubject, to your ſervice, and your readers ja tient candour. The page of hiſtory reveals to us this me- lancholy and awful truth, that the happineſs of millions, has, in all ages, been at the beck and in the power of units, and thoſe often the meaneſt and worſt of mankind; myriads have fallen by the ſword, diſeaſe, and famine, the victims of war, led on to their deſtruction by wretches who have diſgraced the human race ; but our inquiry has nothing to do with the dire effects of zeal, deſpotiſm, or political revolution ; our employment lies in the vales of peace and plenty; our purpoſe is to inveſtigate this problem, why our laborious poor are ſo wretched? Does the com- plaint ariſe from phyſical cauſes, or from the reglo . B 3 6 LETTERI regulations of ſociety? Can ſociety, by laws, regulations, example, or by any and what means, meliorate their condition? The unceaſing laws of nature muſt, in eve- ry climate, have their energy; effects muſt every where be analogous to, and flowing from their caufe ; gradations of comfort ariſe in ci- vilized ſociety in due proportion to the degree of civilization 3 the ſqualid inhabitants of Ma- gellan's Streights, although ſo wretched and negatived in appearance, in all that makes life ſupportable, ſhares, doubtleſs, a degree of happineſs in proportion to his capacity of enjoymentſ that capacity enlarges as civiliza- tion prevails, and means of obtaining the ob- jects of our wiſhes alſo increaſe; in this iſland a diſpoſition to reliſh the comforts of life, the meaneſt of us equally poſſeſſes with the great, eſt; ſurely, therefore, thoſe comforts corre, fpondent with our ſituation, ſhould not be re- moved at ſuch a diſtance from the graſp of any of us, as tobe attainable only by a breach of the laws of ſociety.-In ſome climes, favoured by a more direct approach of the ſolar ray, the va- rious articles of drefs are an incunbrance; and the native has no care what raiment he thall L E T T E R I. 7 : - 1 Thall cloath himſelf with : in ſuch climate he inay, literally, imitate the lilies of the field, which neither toil nor, ſpin, and are cloathed only in the attire nature prepared for them; how different is the neceſſity in this higher la- titude; ſcarce a natural day paſſes away, even during the ſummer ſolſtice, but our comfort and health require that cloathing, to obtain which the price of many day's labour muſt be paid; how much ſtronger does urgent necefĩity require warmth of cloathing in the dreary leaf- leſs winter, when every gale wafts rheuma- tiſm and ague'; and what is aſſential to the health and preſervation of the parent, is ſurely not leſs ſo for the child; hence, in this coun- try, ariſes one unceaſing call for no inconſide- rable ſhare of the price of labour ; a call fanc- tioned as well by an attention to the pre- ſervation of life, as by the dictates of decency, the reſult of ideas connected with civilization. Another ſtrong and urgent demand on the ſcanty revenue of the poor man, is the expenſe of fire ; in more ſouthern latitudes the whole year may be paſſed, and it may not be an arti, cle effential to the life or health of the inhabi- tant : poſſibly in climates included in go of the 180 B 4 -- 8 LE T TË R I. 180 degrees of north and ſouth latitude, the lower claſſes of ſociety fee not the blazing hearth, or have no occaſion for it in their domiciles throughout the year : their habits of life are different, their ſimple food, conſiſt- ing principally of the fruits of the earth, re- quires not much aſliſtance from fire to make it ſuitable to the palate, or proper for digeſtion; we read that the inhabitants of the iſlands in the South Sea *, knew not the uſe of hot wa- ter; but in this iſland, fire is neceſſary, at times, throughout the whole year ; in ſummer for preparing the food, and in ſpring, autumn, and winter, for the comfort alſo, if not for the preſervation of the cottager. Our climate alſo occaſions another demand to ſcreen the poor man from its rigours throughout a conſiderable part of the habitable world, the genial warmth of the atmoſphere is ſuch, that the human race requires ſcarce any protection from the common air and ſky; in thoſe climes man may wander with man, joint tenants of the ſhade ; but here a domicil is neceſſary; although the hardy aborigines of i * Cook's Voyage. the L L E T T E R I. 9 I 1 1 the iſland might not require ſuch a ſhelter, yet man, tamed and made tender by the arts of civilization, demands a threſhold, within whoſe ſacred bounds, the domeſtic hearth may be ſhel- tered, as well from the aſſaults of the weather, as thoſe of his boiſterous or impertinent neigh- bour ; hence, therefore, ariſes another call on his ſlender income, an income earned by the labour of his hands and the ſweat of his brow. Theſe three neceſſary and unavoidable calls on the finances of the poor have been already ſtated, in thearticles of cloathing, fire, and dwel- ling; but a much larger and more important de- mand remains to be mentioned the daily ſup- ply of food; the ſupply of ſuch meat and drink, as ſhall enable him, day, after day, and year, after year, to paſs through a life of hard labour, and conſtant fatigue ; a degree of labour which the ſtrongeſt of us, whoſe muſcles have not been trained to the purpoſe, would ſhrink from in the experiment of a day, perhaps of an hour and the produce of this labour, the reward of theſe toils, to be expended, not on himſelf only, but frequently to be divided with a wife and family of children, who often have ; & 10 L E T T E R I. have no honeſt means of increaſing their huſa band's and parent's income. But this is not all ; the occupation of the la- bourer, as well as the nature of his being, ſub- jects him to acute illneſs, to chronic diſorders, and at length to old age, decrepitude, and impo- tence; the inſtant any of theſe unavoidable miſ- fortunes of life attack him, the ſource of every comfort is ſtopped, and without the aid of his more opulent neighbours, or, what is infi- nitely to the credit of this nation, without the interference of the godlike laws of his coun- try, this uſeful claſs of our countrymen would ſink in the arms of famine or deſpair. Theſe, I apprehend, are the phyſical cauſes of that depth of wretchedneſs and miſery which we too often ſee in the cottages of the poor ; not to mention the wayward nature of the human diſpoſition; the example and pre- valence of vicious habits; the faſcinating charms of intoxication; the conſequential habits, idleneſs and diſſipation; the indo- lence which is concomitant with a broken fpirit; and that careleſſneſs and indiffe- rence, to what may happen in future, which is too apt to ariſe in the mind that can- not ſee its way through preſent difficulties ; there $ L E T T E R I. theſe are frailties inſeperable from the nature of human beings, which increaſe and aggravate their diſtreſs, and which nothing but a proper ſenſe of religion can remove ; and neither the power of the legiſlature or the wiſdom of the philoſopher can teach to alleviate. But it is not from climate, it is not from the frailties of human nature alone, or the necef- fary wants and demands which the preſervation of life and health inculcates to the mind of man, and the inſufficiency of the earnings of bodily labour to attain the gratification of them, that the appearance of the labourer indicates ſuch wretchedneſs; the laws, the cuſtoms, and habits of ſociety, are all contributory to this effect; and the exceſs of civilization occaſions diſtreſſes ſuperior, yet ſimilar to what the favage experiences in his ſtate of nature; ſuperior, becauſe his diſtreſs is not aggravated by a near view of the tantalizing contraſt, the enjoy- ments of opulence and luxury ; ſimilar in the effects, which are, cold, hunger, and diſeaſe ; in the one inſtance, the favage muſt be fatiſ- fied with the order of nature, which eſtabli- fhes no law of appropriation, but occupancy ; he, conſequently, cannot blame the laws and habits of ſociety, which aggravate, if they do not .12 L É T T E R I. 1 not, in fact, give riſe to the misfortunes of the Engliſh labourer ; this is an aſſertion which demands an inquiry, and if the principle is eſtabliſhed by ſuch an inveſtigation ; ſhould not thoſe laws, habits, and cuſtoms be modi- fied, to correſpond with the feelings of hu- manity In the firſt place, it is apparent that bodily ſtrength is the only patrimony the labourer enjoys; this is to ſupply him and his family with the neceſſaries of life: the fame patri- mony, in conjunction with the opportunity of exerting the faculties of the mind, the in- habitant of an uncivilized country poſſeſſes ; the firſt is reſtrained by the laws from treſ- pafling on appropriated property, and in this country all that can be called property, .is ap- propriated; the other has ample ſcope for the exerciſe of his faculties, both of body and mind; the gifts of nature lying open to the firſt man who has ſtrength or dexterity fuffi- cient to occupy them ; here is a manifeſt advantage which the ſavage poſſeſſes, and the laws of his country have taken from the Eng- liſh labourer : but have not the laws, the maxims, or the benevolence of ſociety, given ta , L. E T T E R I. 13 to the poor fome equivalent, inſtead of the opportunity of obtaining property by occu- pancy? the objects of which being, in every inſtance, already occupied, he is reduced to the ſole means of bartering the ſweat of his brow for the neceſſaries of life; they ſurely have, and an attempt ſhall be made to point out the ſubſtitutes. The labourer is worthy of his bire, becauſe he gives for it his ſole property, his ſtrength and his time, reſerving to himſelf only fuffi- cient intervals for refreſhment and repoſe ; what ought therefore to be his hire? The anſwer is obvious; the neceſſaries and com- forts of life, equal to the reaſonable wants of that claſs of ſociety among which he ranks; does he receive recompence for his labour equivalent to ſuch a reaſonable expectation? The examination of the fact ſhall be the an- ſwer to the queſtion; and that the inquiry may be as cloſe to the point as poſſible, let us examine in the firſt place, how the retribu- tions for labour were paid in days of yore; whether they then ſtood in the ſame propor- tion with the neceſſaries of life, in times, when luxury was not ſo univerſally diffuſed, and ز i 14. L E T T E R I. and the cottager not having the fight of the rich man's enjoyments ſo immediately under his eye, might be ſuppoſed to be better con- tented with his homely fare, than in theſe days, when the ſtrong expreſſions of the poet are verified in every village : Sævior armis Luxuria incubuit, victum que ulciſcitur orbem. L E T T E R II. 1 Pretioſum FLEETWOOD's Chronicon will affiſt us in this inquiry; and, that the coneluſion of the argument may not be ſuppoſed to reſt on the foundations of fancy, fome extracts from that uſeful compilation ſhall be produced. The intention of the author was not much diſimilar to that of the preſent tract, except that he had a point to prove, we have only as ſubject to examine ; and, to prove his point, he has ſearched not only all the publications then extant on the ſubject, but alſo many ma- nuſcript accounts of different monaſteries, where LETTER II. 15 where the prices of the different articles of life were regularly inſerted, and in ſome in- Ytances where the prices of labour formed alſo part of the account; but no certain compara- tive view can be formed on this head until. a bout the middle of the fourteenth century, when by an act of parliament paſſed in the 23d year of Edward the Third, the wages of the labourers were regulated, on account, as the preamble of the ſtatute recites, of the great increaſe of wages occafioned by the plague : by the firſt chapter, every perſon able of body, and under the age of fixty, not having means of maintaining himſelf, is bound to ſerve thoſe who are willing to employ him, at the wages : which were uſually given ſix years before the plague, and ffated to be, s. d. To haymakers and weeders, by the day, o i Mowing meadows, by the acre or day, o 5 Reapers of corn, in the firſt week in Auguſt, by the day, 2 In the ſecond week, and to the end of the month, 03 Threſhing a quarter of wheat or rye, O 2 Threſhing 2. 16 L E T T E R II. A Threſhing a quarter of barley, beans, peaſe, or oats, Out That excellent model for all parochial anti- quities, Sir. John Cullum's Hiſtory and Anti- quities of Hawſtead, will alſo aſſiſt in forin- ing a more accurate idea of the proportional prices of labour and proviſions in Suffolk throughout ſome part of this century: S. d. 1 O O 2 1387, Wheat threſhed per quarter, 4 Other grain, А reaper per day, 4 Man filling dung-cart three days, o 101 1389, Wheat reaping per acre, Mowing an acre of graſs, o 6 Theſe prices are without meat, drink, or other courteſy demanded *. o 7 The prices of proviſions, and the neceſſa- ries and cornforts of life, were, during the ſame century, as follow : A. D. fo.se à. 1309, A pair of ſhoes, 4 1314, A ſtalled, or corn-fed, ox, 0 I 4 0 * Hift. and Antiquities of Hawſtead, p.188. 190. A graſs L ET T E R IÍ. iz 1 o O f. s. d. 1 314, A graſs fed ox, 0 16 0 A fat ſtalled cow; 0 1 2 A fat ſheep unfhorn, ΟΙ 8 Á fat ſheep fhorn, 0 I 2 A fat hog; two years old, o 3 4 A fat gooſe, • 21 Ale regulated by proclama- tion, in reſpect to price a gallon; • I 1338, Wheat a quarter 3 4 Barley a quarters Peaſe and beans a quarter, Oats a quarter White wine a gallon, • 6 Red wine a gallon, 04 1387, Barley; at Leiceſter, a quar- ter, 1388, Lactage of a cow with its calf, one year and a hen, o 6 8 Wheat per quarter, 4 Oats per quarter, o An ox, 6 ΟΙ 8* Ο ΙΟ O I O Ο ΙΟ 0 2 O Ó 2 1 O 13 A boar, * Fleetwood's Chron. Preto Vol. I. C It 1 18 L E T T E R II. It is not an eaſy matter to determine, from the prices ſpecified in Fleetwood, what was the average rate, at which proviſions were fold, the year. parliament regulated the price of labour ; for about the middle of this cen- tury, years of dearth and plenty almoſt alter- nately follow each other, and the peftilence alſo occaſioned a conſiderable difference; but the articles extracted are in thoſe years, when none of theſe cauſes affected the price of pro- viſions, and may therefore be eſteemed a to. lerable exact average for the fourteenth cen- tury. In the beginning of the next century in the year 1404, the pay of a labourer was fome- times two-pence, ſometimes three-pence, as appears from a computus of the Prior and Canons of Burcheſter ; and in 1 koso d. 1446, Labourers without diet, 0 31 From Michaelmas to Eaſter, id. leſs. A mower in harveft, without diet, A reaper and carter, without diet, o 5 o 6 1 The L ETTER Ií. 19 OIÓ The prices of neceſſaries and proviſions from the ſame computus : d. 1407, À cow, 7 0 Two buſhels of wheat, Five buſhels and a half of ſalt, § 41 1425, Peaſe per quarter, Gallon of ale, from id, to o i Gallon of red wine, ó 8 Gallon of ſweet wine, 4 Two yards of rufſet cloth for the ſhepherd; Thirty pair of winter gloves for the fervents, 4 2 2 I 2 7 1 O 0 ! I I The following from other computus's: 1444, Wheat a quarter, 4 4 Malt a quarter; 4 Oats a quarter, 8 Flitch bacon, 8 1445, Wheat a quarter, Oats a quarter, Gallon of ale; 1447, Wheat a quarter, 8 Oats a quarter 2 1448, Wheat a quarter, 6 8 C 2 4 6 2 0 f o 1 1448, 20 L E T T E R II. s. d. 2 O 5 .8 1 1448, Oats a quarter, 1449, Wheat a quarter, 1450, Wheat a quarter, Oats a quarter, Gallon of ale, 1463, Wheat a quarter, o o o 2 O I 1 2 o* S. d. o 3 In the ſixteenth century, only two inſtan- ces are to be found of the wages of a labourer, one in 1514, the other in 1557. A. D. 1514, Labourers from Eaſter to Mi- chaelmas, except in harveſt, o 4 Ditto from Michaelmas to • Eaſter, A mowerin harveſt, with diet, 4d. without, 6 A reaper and carter in harveſt, with diet 3d. without, A woman labourer, and other labourers, with diet, 2 d. without, 41 1557, Threſhing a quarter of wheat, Ditto of rye, Ditto of barley, 5 O O 5 I I O IO O * Fleetwood's Chron. Pret. Prices L E T T E R II. 21 O 2 2 0 o Prices of proviſions, &c. in the 16th century: £. s. d. 1512, Oats a quarter, lo Beans a quarter 04 1513, Oats a quarter, 4 Beans a quarter, 4 1515, Beans a quarter, 4 1533, Fat oxen, I 6 8 Fat weathers, 3 4 Fat calves, 3 4 Fat lambs, Beef in London 2 lb. or 31b. o Mutton per quarter in Lon- don, 8 1567, Wheat a quarter before har- veſt, Wheat a quarter after har- veſt, Malt a quarter before har- veſt, o 5 Malt a quarter after harveſt, o 4 8 1558, A good ſheep, O I 0 I o 8 0 1 o 4 0 0 O 2 IO 1 In this inquiry there is no occaſion to enter into an explanation of the comparative value of money in the three centuries, through a B 3 great, 22 L E T T E R II. 1 great part of which theſe notices have been taken; becauſe the prices of labour and pro- viſions have been valued by the fame ſpecies of real or imaginary coin, and therefore the value of ſuch, although very different from what bears the fame denominations in this century, is quite competent to illuſtrate the ratio, the prices of labour bore at theſe pes riods to the prices of the neceſſaries of life. L E T T E R III. HAVING therefore, at different periods, through a lapſe of near three hundred years, noticed the prices of labour, and the contemporary prices of the neceſſaries of life, in ſuch inſtances as Fleetwood's publication has produced, except in thoſe years where ac- cidental dearth or plenty conſiderably raiſed or depreſſed their price; I ſhould apprehend, that if any perſon will be at the trouble of comparing through theſe periods, the price of labour, with the neceſſaries of life ; and will alſo make the ſame compariſon in any of the 1 L E T. T E R III. the laſt ten preceding years ; he will not doubt the truth of the following aſſertion ; that in this civilized age, when riches abound, and all the liberal and ornamental arts receive prices and encouragement ſuperior to the ex- perience of any æra that is paſſed, the agri- cultural poor not only do not receive wages equal to their ſervices, but alſo that they are not paid in the ſame proportion to the price of the neceſſaries of life, as they were through- out the three firſt centuries, in which it has been in our power to obtain any certain in- formation of the proportional prices of labour, proviſions, and cloathing ; how far this de- ficiency has been ſupplied by charitable con- tributions, uncertain, and permanent, and by the revenue, which has for near two centu- ries, been collected by legal authority, will be explained by the following pages. This fact recurs to a principle mentioned towards the beginning of this inquiry, that there is a tacit contract between men, when ſocieties, ſtates, and kingdoms, are in their infancy ; that to him whoſe only patrimony is his ſtrength, and ability to labour, that patri- mony ſhould be equal to his comforable ex- iſtence C4 241 L E T T E R III. iſtence in ſociety, in thoſe relations in which he may be engaged as a fon, huſband, and father; ſince we find, as far back as the fact can be traced in this kingdom, that it was ſo four hundred years ago, which is an æra con- ſiderably nearer the infancy of ſociety in Bri- tain, than the latter part of the nineteenth century; and we find alſo that it continued in a parallel proportion three hundred years, during a period when the poor were not tan- talized by the view of luxury round their cot tages, while themſelves and families ſtarve, unleſs for their ſuſtenance they riſk the confe.. quence of a breach of the laws, inſtituted by fociety for the protection of property. Aſſuming it, therefore, as an undoubted ax- iom, that the labour of man, who has nothing but his labour to depend on for his ſuſtenance, ſhould be equal to that purpoſe, when in a ftate of health ; and that ſuch is an implied or virtual contract with man, when he ſub- mits to the regulations of ſociety and civili- zation; the next topic of inquiry ſhall be, what ſubſtitute for that ability to labour can he claim from fociety, when deprived of the power of earning his bread, by accident, fick neſs, L E T T E R III. 23 „neſs, decrepitude, or old age ? the anſwer is obvious, and preffes itſelf on the mind, the inſtant the attention is employed on the ſub- ject; that charity was his only afylum, and this in the early ages of ſociety, and in the dawn of Chriſtianity, which eſteems it ſupe- rior to faith and all other good works, was a very important ſubſtitute, and probably produced a fund equal to the demand on it; but this fact ſhall rot reſt on aſſertion only, but on the more ſubſtantial foundation of hif- toric proof. To be convinced that this was the caſe, it will be neceſſary only to turn our attention to the revenues of the church, in the early pe- riods of the eſtabliſhment of the Chriſtian re- ligion in this country, and we ſhall perceive that they were all, or by much the greater part, eleemofynary, and the diſtribution of them was intruſted by the pious and cha- ritable laity, to the clergy reſiding and diſcharging the duties of prieſthood in their neighbourhood, to be applied for the redemp- tion of the ſouls of the donors and their an- çeſtors, in the purpoſes of religion and cha- ſity; and that under ſuch intent, and through fuch application, they formed a conſiderable fund 26 L E T T ER-MI 5 fund for the relief of the aged and debilitated poor; the following notices extracted chiefly from Selden's Treatiſe on Tithes, and Dug- dale's Monafticon, will, if not abſolutely prove, undoubtedly form a ſtrong foundation for our belief of, the exiſtence of the fact :-“ Ut ipfi facerdotes a populis ſuſcipiant decimas, " et nomina eorum quicunque dederint ſcripta “ habeant, et ſecundum autoritatein canoni- “ cam coram teſtibus dividant; et ad orna- “ mentum eccleſiæ primam eligant partem, « fecundam autem ad uſum pauperum et pe- “ regrinorum per eorum manus miſerecordi- “ tur cum omni humilitate diſpenſent, tertiam “ vero fibimet ipſis ſacerdotes reſervent *.” The above was extracted from an antient collection of canons, written about the time of Henry I. And in a volume, which belonged to the abby of St. Auſtin, in Canterbury, there is a . * The prieſts themſelves may receive the tithes from the people, and record in writing the names of thoſe who give, and divide them in the preſence of witneſſes, according to canonical authority, and ļet them take the firſt part for the ornament of the church, and diftribute the ſecond, with their own hands, compaſſionately and humbly, for the uſe of the poor and the ſtrangers, the third part the prieſts may reſerve for themſelves. chapter L E T T E R III. 27 chapter de divifone decimarum, with a fimilar declaration; theſe ordinances appear to be collected about the time of King Athelſtan. And that this was not a local rule is appa- rent from the following circumſtance; that on an application of St. Auguſtine to Pope Gre- gory, reſpecting biſhops, qualiter cum ſuis cle- ricis converfentur, vel de his quæ fidelium obla- tionibus accedant altari, quanta, debeant fieri portiones? Whereto the Pope anſwered, that the cuſtom is generally to make a quadripar- tite diviſion; for the biſhop, for his clergy, for the poor, and for reparation of churches. Theſe, or ſimilar ideas, ſeem alſo to have prevailed in the eaſtern churches, as their re- venues are ſtiled by ſome of the fathers ý xrñ 015 TW 77wxwv, the poſſeſſion of the poor ; and by the Greek lawyers 7 tüyola, or provi- fion for the poor; and hence it is that diverſe ſchoolmen diſpute the queſtion, whether the dominion or property of the church be in the clergy; and whether what they give to the poor be due ex debito juſtitiæ, or, debito chari- tatis. The ſtatutes of the kingdom alſo ſtrongly corroberate this idea ; on what other principle of 28 L E T T E R III. of juſtice could the fixth chapter of the fif- teenth ſtatute of Richard the Second be for- med? The tranſlation of which, from the old French, follows :-Item, becauſe divers damages and hindrances oftentimes have hap- pened, and daily do happen, to the pariſhion- ers of divers places, by the appropriation of benefices of the ſame places. It is agreed and aflented, that in every licence to be made, from henceforth, in the chancery, of the ap- propriation of any pariſh church, it ſhall be expreſsly contained, and compriſed, that the dioceſan of the place, upon the appropriation of ſuch churches, ſhall ordain, according to the value of ſuch churches, a convenient fum of money, to be paid and diſtributed yearly of the fruits and profits of the ſaid churches, by thoſe that ſhall have the faid churches in pro- per uſe, and by their ſucceſſors, to the poor pariſhioners of the ſaid churches, in aid of their living and ſuſtenance for ever, and alſo that the vicar be well and ſufficiently endow- ed. This ſtatute is confirmed by 4 Henry IV, cap. 12. Etymology alſo lends fome aſſiſtance to prove that the pious donors had univerſal cha- rity L FT. T E R III. 29 rity in their contemplation, and not that more confined idea which limits its bounties to ec- cleſiaſtical purpoſes only. All, or by much the greateſt part, of the endowments, ample as they were, of which Dugdale, in his Mo- nafticon, has preſerved copies, or abſtracts, are declared to be in perpetuam eleemofynam ; which, from its derivative seeû miſereor, to compaſſionate, or take pity on, indicates fome- thing more than a partial attention to the in- tereſts of thoſe who take on themſelves the ſacred office of ſpiritual directors, as does the word itſelf enenuorurn in the firſt verſe of the fixth chapter of St. Matthew ; but to give, if poſſible, ſtill firmer ſanction to this idea, the opinion of an author ſhall be referred to; whoſe authority, on all points, reſpecting the legal antiquities of his country is nearly con- clufive ; he ſays thus:--. At the firſt exta- “ bliſhment of parochial clergy, the tithes of " the pariſh were diſtributed in a fourfold di- • viſion; one for the uſe of the biſhop, an- 6c other for maintaining the fabric of the, as church, a third for the poor, and a fourth " to provide for the incumbent. When the “ fees of the biſhops became ctherwiſe amply " endow- 1 30 L E T T E R III. “ endowed, they were prohibited from den manding their uſual-ſhare, and the diviſion was in three parts only *.” Other authorities, venerable, as well from the rank the writers filled in fociety, as from the dignity of remote antiquity, might be produced in proof of this claim for the aged and impotent, to a ſhare of the vaſt revenues which have been granted to the eccleſiaſtics; were it the purpoſe of the preſent inquiry, either to encourage the aſſertion of ſuch a right on the behalf of the poor, or to excite a diſatiſ- faction with their ſituation, among a claſs of our fellow creatures, who in all civilized ſtates enjoy a very ſcanty portion of the comforts of life; but thoſe, by whom theſe pages will moſt probably be read, are the immediate taſk-maſ- ters of the poor, whoſe ſituation in ſociety, is conſidered with no ſmall ſhare of compaſ- fion by the writer of this inveſtigation; who hopes that it may make ſome impreſſion on their maſter's humanity; and if they give credence to the affertion that the poor have a reaſonable expectation of better wages than 1 • Blackſtone's Commentaries, Book I, Chap. ii. they L E T T E R III31 . . they at, preſent receive ; and had, in the ear- lier days of ſociety, a claim to a portion of what is now differently appropriated; it may tend to make the pittance which is paid for their labour more 'adequate to their wants ; or under ſome charitable maſters make their yoke eaſier, and their burthen lighter. ز L E T T E R IV. INI Nſtances of the prices of labour, and the co- tempory prices of proviſions have been con- tinued, by the aſſiſtance of the Chronicon Pres tiofum, to a later æra than that in our eccle- fiaftical hiſtory; when the 31ſt ſtatute of Henry VIII. ch. 13. laid the axe to the root of all monaſtic poſſeſſions in this kingdom, and transferred their eſtates and rights to the crown ; the effect this total change of proper- ty had on the ſituation of the poor remains to be conſidered. It will, at firſt ſight, be thought, and is indeed believed to be the fact, by thoſe who have 32 L ETTER IV. A have ſuperficially inveſtigated the hiſtory of this period, with a view to the preſent inquiry's that this act, at once, ſtruck off many of their comforts, and deprived them of many ſources of aſſiſtance, which are ſuppoſed to have flowed to the poor in numberleſs ſtreams, from the kitchens, refectories, ſtores and cellars, of the monaſtries; and that the different acts of Parliament for their relief, which reflect ho- nour on the annals of our 'hiſtory, towards the end of the ſixteenth and beginning of the enſuing century, aroſe from a neceſſity, occa- fioned by this capital ſtroke of the 8th Henry's deſpotic authority; but the hiſtory of the times does not authoriſe the concluſion. It rather appears that what ſtreams did, in fact, flow from theſe eccleſiaſtical fraternities to the poor of the kingdom, were ſhallow and penurious ; at the beſt, the coarſe offal of a homely board, and by no means an equivalent for the third or the fourth of their income, which has been already alluded to; indeed, if the mode of life which was purſued by the nobi- lity and gentry of this age be conſidered ; if we recollect, that the metropolis was not then, and, indeed, has not been till lately, that over- L E T T E R IV. 33 overgrown monſter, which engluts, within its maw, a property that, ſpread on the hum- ble board of the cottager, would feed millions ; but, on the contrary, almoſt every village then boaſted, as its conſtant inhabitant, one or more ſubſtantial, if not ennobled landlord, whoſe hoſpitable ſeat bore a ſemblance, ac- cording to the riches and rank of the owner; to that economic profuſion, which, by the inſtance fe happily preſerved for the informa- tion of poſterity, by Dr. Percy *, appears to have graced the character of the fifth Earl of Northumberland, who lived near the begin- ning of this century; we ſhall not, if ſimilar inſtances, in proportion to rank and fortune be ſuppoſed to be prevalent, imagine the poor to have much felt the want of ſuch aſfıſtance, as the heads of monaſtries permitted to be given away at their gates; which, from the relations of modern travellers, who have late- ly viſited thoſe countries on the continent, where monaſtic inſtitutions are ſtill in full force; and eſpecially from the obſervations of * The Regulations and Eſtabliſhment of the Houſehold of Henry Algemon Percy, 1512. Printed for Dr. Percy the pre- fent Biſhop of Dromore, but not publiſhed. D Dr. 34 Ľ E T T E R IV. Dr. Ducarel, in his tour through Normandy, where the cuſtoms, endowments, and charis table donations of the monaſtries and priories may be ſuppoſed, from their former connec- tion with, to be ſimilar to what was experi- enced in this country, appear to be infignifi- cant and trifling, aįways excepting thoſe in ſtances where the particular motive of the en- dowment was to enſure an hoſpitable reception to the traveller, Tanner, alſo, by a role in the preface to Notitia Monaftice, appears to be of opinion, that it cannot be attributed to what the poor received from the religious houſes, that no parochial affefiments for their relief, were found neceffary during the preva- lence of the monaſtic inſtitutions; although it appears that ſome of the larger priories dignified one of their officers with the name pf alınoner. But be this fact as it may; it is to be prez ſumed, that if the poor did not ſuſtain any great los from the abolition of the monaſtries, in the article of any conſiderable relief, they might have received from them, in proviſion or almş; they certainly felt one great incon- yeniency from the number of the neceſſitous being 1 ; L: E T T E R IV. . 35 1 ; being conſiderably increaſed; becauſe, on the diffolution of the ſmaller monaſtries, in the year 1535, whoſe revenues did not exceed two hundred pounds a year, it is ſaid, that not leſs than ten thouſand perſons were ſent to ſeek their fortunes in the wide world, without any other allowance than forty ſhillings and a new gown; and a revenue of thirty or thirty- two thouſand pounds a year was veſted in the crown; and when the greater monaſtries were diffolved, in the year 1539, and a revenue of one hundred and four thouſand nine hundred and nineteen pounds was diverted from the maintenance of people in idleneſs, and began of the poor throwin upon the publick by the diffolution of the leſſer monaſteries, be added to the number which may alſo be ſuppoſed to have become à bürthen to the publiek by the diffolution of the greater monaſteries; com- puting that number by the proportional reve- riue veſted in the crown by the latter event to the revenue alſo veſted in the crown by the former; amounting to a total of near forty- Notitia Monaſtica, Preface, D 2 three 36 L E T T E R IV.. a three thouſand perſons, who in the lapſe of a few years had become additional objects of charity; for, although many of the members of the greater monaſtries were allowed pen- fions, yet, if it be conſidered that they now enjoyed the liberty of becoming fathers of families, ſuch a calculation will not appear to be extravagant; it will then not occaſion our ſurpriſe, that a few years after this eyent, the legiſlature ſhould find occaſion to interfere in their behalf, when probably not leſs than hundred thouſand perſons who had no viſible means of maintenance, preſſed on the diſtri- bution of the charitable fund veſted in truſt with the eccleſiaſtics, now. in part wreſted from their gripe; and alſo became importu- nate ſuitors to the deſultory feelings of chari- table individuals, who might naturally be moved with compaflion at the ſight of their father confeſſors now become needy fathers of a young offspring Beſides, the wars which, from the con- queſt, had kept our population thin; a num- ber of lives having been thrown away in the different conteſts, within the kingdom, for the ſceptre ; on the continent of Europe, for foreign . . Ë T T E R IV. 31 foreign poſſeſſions; and in Aſia, on romantic principles of religious chivalry; had now, for a conſiderable period, ceaſed; and near a cen- tury had elapſed ſince the battle of Boſworth had feated Henry thë Seventh on the throne, who, by his marriage with Elizabeth, the heireſs of the York family; had united the claims of the two houſes in his perſon; and no internal commotion having, ſince that event; occaſioned any conſiderable waſte of blood; and, except at the battle of Flodden' Field, which ſeems, for a time, to have quel- led the animoſity of our northern neighbours, the nation having ſuffered no loſs of inhabi- tants from foreign wars į peace; of courſe, and its concomitant; population, had increaſed the riches of thoſe who poſſeſſed the opportunity of acquiring, and, at the ſame time, the num- ber of thoſe, whoſe humble ſituation preclu- ded them from ſuch attempts; the number of inhabitants, therefore, who had no means of ſupport, except from their labour, conſe- quently, was conſiderably increaſed *; and, moſt * In 1377 the number of inhabitants in England and Wales emounted to 2,092,978.--In 1583, to 4,688,000. CHALMERS'S ESTIMATE: D 3 pros :38 È T T E R V. probably, among the crowd which preſſed on the public from the diffolved monaſtries, few were there who could handle the plough, the flail, or the ſpade; but many, who, if they could not dig, were not aſhamed to beg; a privilege which different acts of Parliament had already laid under certain reſtrictions. ز : L E T T E R V. THE HE fituation of the poor, with reſpect to the price of labour and the neceſſaries of life, their claims alſo on the charity of thoſe in whoſe poffeffion was centered the property of this kingdom having been conſidered; it will now be a topic worthy our attention to relate; briefly as poſſible, the notice the legiſla- türe of the kingdom has taken of them from the period when they firſt became objects of legif- lation; unto the preſent time when they per- ticipate of a revenue amounting to near three millions ſterling per annum, raiſed for their em ployment and relief by the authority of the ſtate. This enquirý may with great propriety, paſs over that diſtant æra, the tranſactions of which hiſtory has preſerved in very faint ard doubtful L E T T E R V. 39 0 2 doubtfuil records; and, indeed, it is not pro- bable that, in times when this iſlind enjoyed not any regular form of government, à great attention thonld be paid by our governors to the welfare of the poor; nor is it matter of wonder that while the petty reguli of the hep- tarchy were conteiting ile boundaries of their inſignificant dominions į or while à foreign family, attended by a ſwarm of inartial and needy followers, were contending for the throne of England, or diſputing åmoig themſelves for the prize they had obtained, that any humane or wiſe regulations ſhould take place with reſpect to the poor; then only conſidered as the means by which the ciainis of their reſpective lords might either be enforced or defended; and viewed in that light, they rank in a different claſs of citizens, and are diſtinguiſhed by epithets dif- ferent from, but not more reſpectable in fo- ciety, than that of huibandınen. After the family of William, the Norman, had been eſtabliſhed on the throne for ſeveral generations, and Edward the Firſt, having made the conqueſt of North Wales, turned his attentiori to the defenceleſs ſituation of the lower claſs of his Welch ſubjects, and pro- duced, who were + D4 40 E L E V... a appears of the T T E R R duced, with the afliſtance of his parliament, that code of laws known in our ſtatute books by the name of Statutum Wallia ; in which were regulated the modes by which they might obtain redreſs of private and public wrongs; and in which it is enacted, that poor man, inſtead of putting in pledges to proſecute a fuit, on ſuing out a writ, ſhould only pledge his faith ; from the date of this ſtatute which was paſſed in 1284, no mention poor in the acts of parliament until 1349, when the ſtatute of labourers re- gulated their wages, as has been already mentioned, and in ſtrong language declared that their labour, while they were able to work, ſhould be their only reſource, by the following words, “ That no one, under pain of impriſonment, by pretence of piety or cha- rity, ſhould preſume to give any thing to thoſe who were able to labour, to encourage them in idleneſs and ſloth, that by thoſe means they might be compelled to work for the ne- ceffaries of life.” Another ſtatute paſſed in the ſame reign, which gave the poor the right of an attaint in pleas, real and perſonal, without fine; and the ſtatute of labourers alla + L E T T E R , V. : 1 : alſo was confirmed, and the obſervance of it enforced by an impriſonment of fifteen days; and alſo by the puniſhment of burning them in the forehead, with an iron in the form of the letter F, if they left their work and went away into different towns, or into another country; and alſo obliged the officers of cities or boroughs, in which they might reſide, to deliver them up. From this period, until the ad of Richard the Second, the ſtatute book is ſilent with reſpect to them; the parliament then, 1378, confirmed the ſtatute of the 23d of Edward the third, and the other ſtatutes of labourers, and ten years afterwards repeated the confirma- tion; and further directed that no ſervant or labourer ſhould depart from one hundred, rape, or wapentake to another to ſerve, or live elſewhere, or under pretence of going ą pilgrimage, without a letter patent, containing the cauſe of his going, and the time of his return, on pain of being put in the ſtocks un- til he finds ſurety for his return ; this act of parliament alſo regulated the wages of yearly ſervants, in huſbandry, allowing to the bailiff 13$. 4d. and cloathing once a year į to the maſter 42 Ľ E T T È R V. maſter hind 10s. the carterios. Thepherd ros. oxherd 6s. Sd. the deye 69. plough dri- ver 9s. ; - their wages were enforced, and the people were reſtrained from giving more by pecuniary penalties; for the firſt tranſgreſſion, forfeiture of the cverplus; ſecond tranſgref- fion, double the overplus; third offence, tre- ble the overplus, or impriſonment of forty days; by the ſame ſtatute, thoſe who had fer- ved in any agricultural occupation, until they were twelve years of age, were reſtrained from being put out to any trade or miſtery, on penalty of the indenture, or covenant be- ing void.; and all ſervants in huſbandry and labourers were prohibited to wear any ſword, buckler, or dagger, except for defence of the realm, in the time of war, but they were permitted to have bows and arrows and to uſe them on Sundays, and feaſt days; all unlaw- ful games were alſo prohibited; the ſeventh chapter of this ſtatute alſo directed, that im- potent beggars Thould live in the cities and villages, where they were reſident at the time of paſſing the act, and if the inhabitants of the faid cities and villages, ne voilent ou ne poient ſufir de les trover, i. e. were not willing or L E T T E R V. 43 1 i or able to maintain them *, they should be taken to other towns in the liendred, rape, or wapentake, or to the towns where they were born, within forty days after proclamation of the act, where they ſhould continue for life. Three years after the date of this act, the legiſlature inade that laudable provifion for the poor, from the appropriations of benefices, which has been already mentioned, and which was confirmed in the beginning of the reign of Henry the IVth ; at which time it was enac- ted, that no labourer ſhould be retained to work by the week; but for what reaſon it is not eaſy, as this diſtance of time, to con- jecture. The legiſlature remained ſilent on the fub- ject from this period until 1414, when, by the -ſecond ſtatute of Henry the Vth, juſtices of the peace are directed to ſend their writs for fugitive labourers and ſervants, to every ſheriff .. $ . t * This tranſlation may poſibly be inaccurate I have ſearch- ed the French dictionaries and gloſſaries, in-my poffeffion, and confeſs I cannot find ſuch a meaning affixed to t'e verb irever, but know of none fo proper, in L E T T E R V. in England, and are alſo impowered to exa mine labourers, ſervants, and their maſters, on their oaths, of all things done by thern contrary to the ordinances and ſtatutes, and to puniſh them, on their confeffion, as though they were convicted by inqueſt, which power is alſo recognized in the ſecond year of Henry the Vith, with reſpect to thoſe who take wages ſuperior to what are allowed by ſtatute ; and in the fixth year of the fame reign it is enacted, that juſtices of peace, in their counties, and the mayors and bailiffs, in every city, borough, and town, ſhall have power to make proclamation in every county, city, borough, and town, in full ſeſſion, once a year, how much every ſervant, in huſbanda ry, Thould take for his ſervice for the year en- ſuing; and that two proclamations ſhould be made between the feaſts of Eaſter and Michaelmas for that purpoſe'; which act is confirmed in the eighth year of the fame reign. In the year 1436, wheat and barley being at a ſmall price, (that is to ſay, wheat at:6s. 8d. and barley at 3s. per quarter) are permitted, by a ſtatute of the ſame date, to be exported without 1 L E T T E R V. without licence ; fix years afterwards this ſta- tute is confirmed for ten years, and in 1444 it is made perpetual'; and in this year the le- giſlature alſo enacted, that the wages of huſ- bandmen, in harveſt-time, ſhould not exceed the following rates; a reaper, 4d. a day with board, without board, bd.; a harveſt-man, or driver, 3d. with board, without 5d. ; women labourers, 21d. with board, without, 41d. : and that the wages of ſervants in huſbandry, by the year, ſhould not exceed the following prices; a bailiiť, 23s. 4d, with board, and 5s. for cloaths ; a chief hind, carter, or ſhepherd, 205. with board, and 45. for cloaths; a .common ſervant, 155. a year, board, and 35. 4d. for cloachs ; a woman ſervant; Ios. board, and 4s. for cloaths; a child, under years of age, 6s. with board, and 35. for cloaths; and alſo directed that a fervant, in huſbandry, purporting to depart from his maſter at the end of the year, ſhould give him half a year's varning, or elſe ſerve him the year follow- ing. From this time no notice is taken of the agricultural poor, and no new regulations which could affect them are to be found in . the 14 46 L E T T E R V. the ſtatutes ať large, until the eleventh of Henry the VIIth, 1494, except an act which paſſed three years before, prohibiting pulling down, or fuffering to decay, houſes of huf- bandry, by which means, the preamble to the ac fays, in ſome towns where upwards of two hundred perſons were occupied, and lived by tirir lawful labour, now only two or three herdlines are employed, and the reſt fall into idleneſs* ; by the ſecond chapter of the ele- venth of Henry the VIIth, yagabonds and idle and ſuſpected perſons ſhall be ſet in the ftocks three days and three nights, and have no other fuftenance but bread and water, and be then put out of the town; and every beggar, not able to work, ſhall reſort to the hundred where he laſt dwelt, is beſt known, or was born, and there remain, on pain of like pu- niſhment: and no artificer, or labourer, ſhall play at any unlawful games, except during Chriſtmas. Two juſtices are alſo, by the * The legiſlature, two centuries ago, feems to have been . aware of the bad conſequences to population and induſtry, that ariſe from the confolidation of ſmall farms, which, where general, is a meaſure which ſtrikes at the root of every ſtimulas to agricultural induſtry among the poor, by excluding all proſpect of uſing the plough and ficklc for themſelves. fame Į ET T E R V. 47 fame act, empowered to reſtrain the common ſelling of ale; it is curicus to fee how early after the relief of the poor became an object of the legiſlature, the regulation of alehouſes Was alſo a ſubject of their attention, and with what an equal ſtep the laws reſpecting vaga- borils and atehouſ:s proceed together. The parliament alſo, in the ſame year, cna- bled poor perſons to ſue put writs of ſubpoena agaist thoſe that may give them caufe of complaint, and counſel fall be appointed thein, taking nothing for the ſame, at the diſcretion of the chancellor. The prices of la hour were again regulated by the famę:par- liament, In the 6th year of Henry the VIIIth, the wages of ſervants, in huſbandry, are again re- gulated, as are the hours they ſhall work, have for their meals, and flech; and by the twenty- ſecond of the fame reign, juſtices of the peace are empowered to licence, under their ſeals, ſuch poor, aged, and iinpóterit perſons, to beg within a certain precinct, as they ſhall think to have inoit need; and if any beg, without ſuc:licence, he ihall be whipped, or elſe. ſet.- in the ſtocks; and a vagabond taken begging Thall 48 LETTER V. fhall be'whipped, and then ſworn to return to the place where he was born, or laſt dwelt, for the ſpace of three years, and there put himſelf to labour. All the other parliamentary regulations which reſpect the poor labourers, between the interval of this laſt mentioned act, and thoſe of the 28th, and the 31ſt years of the fame reign; the firſt of which veſted the ſmaller monafteries, and the laſt diſſolved the whole Itructure of monaſtic inſtitution, and veſted all their eſtates in the crown, may be found in a capitular of ſtatute 27th, Henry VIII. cap. 25; which directed, that all governors of ſhires, cities, hamlets, pariſhes, &c. Thall find and keep every aged, poor, and impotent per- fon, who was born or dwelt three years within the ſame limit, by way of voluntary and charitable alms, in every of the ſame cities, pariſhes, &c. with ſuch convenient alms as ſhall be thought meet by their diſcre- tion, ſo as none of them ſhall be compelled to go openly begging: And alſo ſhall compel every ſturdy vagabond to be kept in continual labour. Children under 14 years of age, and above five, that live in idleneſs, and are taken begging; L E T T E R V. 49 begging, may be put to ſervice by the gover- nors of cities, towns, &c. to huſbandry, or other crafts or labours. A vagabond ſhall, the firſt time, be whipped and ſent to the place where he was born, or laſt dwelled, by the ſpace of three years, there to get his liv- ing, and if he continue his roguiſh life, he ſhall have the upper part of the griſtle of his right ear cut off, and if, after that, he is taken wandering in idleneſs, or doth not ap- ply to his labour, or is not in ſervice with any maſter, he ſhall be adjudged and executed as a felon; no perſon ſhall make any open or common dole, nor ſhall give any money in alms, but to the common boxes and common gatherings, in every pariſh, on pain of for- feiting ten times as much ; unlawful games are alſo prohibited. Theſe, as far as they reſpect the ſubject of this inquiry, are the leading points, in which the legiſlature of other times interfered in the regulations of the rights, claims, and conduct of that claſs of the community, whoſe only property is their perſonal ſtrength, and whoſe ſole employment through life, is hard labour ; but there alſo exiſted a deſcription of fellow- ſubjects, whoſe rights were ſtill more cir-. VOL.I. E cum- ز 50 L E T T E R V. cumſcribed, and the exiſtence of which claſs of men in this iſland, is, much to the honour of the preſent age, proved at this day only by the page of hiſtory, and ſuch notices as are preſerved in the black lettered law books of paſt times. They were called villains; the word has reſpect to the nature of the tenure, and the locality of their ſervices, rather than to any particular ideas of diſgrace, which were at- tached to their perſons; villani quia villa ad- fcripti, ſays Lord Coke; they were in ſome inſtances the property of the lord, were tranſ- ferred like other property ; and that particular deſcription of them called villains in groſs, were in many reſpects in a ſimilar ſituation to thoſe Africans, who are objects of our com- merce, and tranſported to the Weſt Indies but it appears, from Littleton's Tenures, that their perſonal ſafety was guarded, and no in- ſtances are to be found where they were ex- empted from the general benefit of the laws of their country, unleſs where the laws and cuſtoms, of a particular tenure, interfered, and reduced them, in thoſe inſtances, almoſt to a ſtate of ſlavery; it may be preſumed, there- LET TÉR VI. 51 therefore, that in all other reſpects they had an equal claim with the reſt of our fellow- ſubjects, to a compenſation for their labour, while they were able to do any, and when they were incapacitated, they then claimed from the hand of charity equally with their neighbours. L E T T ER VI. AT this period, ſo intereſting to the feelings of all Engliſh Proteſtants; when that vaſt ſuperſtructure of Papal influence and gran- deur, reared on the foundation of fear and ſuperſtition, which had exiſted ſo many cen- turies, fell, as it were, by the magic touch of Henry VIII. to the ground; and an ëdifice more conſonant to the principles of ſober piety and good ſenſe aroſe in its ſtead: let us pauſe a while, and reflect on the different ſituations the poor were in, both with reſpect to their wants and demands on ſociety then, and that ſtation which they now hold; the E 2 con- 52 L E T T E R - VI, ز contraſt will appear ſtriking, and ſome uſeful reflections may ariſe from it. Their wages had uniformly hitherto born a proportion to the neceſſaries of life; and that ſuch proportion might be preſerved inde- pendent of the capricious or ſelfiſh will of an intereſted maſter, the price of labour had frequently been regulated by the legiſlature, which had alſo paid a conſtant attention to the prices of proviſions, and all the neceſ- ſaries of life had been attainable hitherto throughout the whole period which has been ſubject to our review (except in times of ca- ſual dearth), by a proportion of labour which left a ſurplus for accidents or illneſs; but at the fame time that the legiſlature had this equitable attention to their intereſts, it enfor- ced the neceſſity of labour and employment, by corporal puniſhments of the idle and wan- derer, and by reſtraining the hand of charity from giving perſons of ſuch deſcription any aſſiſtance. Through the ſame æra we alſo find that the infirm, the aged, and the impotent, had no legal claims for aſſiſtance from fociety, ex- cept on that portion of the poſſeſſions of the ec- cie. L E T T E R 53 cleſiaſtics which has been alluded to, and which . ſeems to have been adequate, under the ma- nagement of the clergy, to the demand on its and the jealouſy of the legiſlature, leaſt the attempt made by the monaſteries on that fund, by the appropriation of the great tithes to themfelves, might in the end divert it from its proper application, is very apparent, by that act of parliament which paſſed in the 15th of Richard II. and was confirmed by the 4th of Henry IV. It may poſſibly ſeem ſtrange that this por- tion of the church revenues, which appears to have been the property of the of the poor, ſhould never have been confirmed to them by decrees in Chancery, as the Chancellor has the ſuper- intendance of all the charitable eſtates in the kingdom ; but it is apprehended that the wonder may ceaſe, on recollecting that as yet the poor had no legal guardians of their pro- perty, no name by which they could ſue, and that what was the concern of all was the particular buſineſs of no individual; and that poverty totally prevented any application to the courts of Chancery or law, until the 11th of Henry VII. and then permiſſion to ſue in E 3 forma 54 LETTER VI. formâ pauperis was left in the diſcrétion of the Chancellor ; and that the Chancellors, from the conqueſt until Sir Thomas More obtained the ſeals in the year 1530, were almoſt uni- formly clergymen, conſequently parties inte, reſted; and that the clergy, likewiſe, through the remaining part of this century had at times the poſſeſſions of the ſeals; and until the days of Lord Verulam, no regular ſyſtem prevailed in the practice of the court, and decrees were, even in his time, obtained by favour or gift, and not always on equitable, or confcientious principles. Another circumſtance well deſerves our notice; the luxuries of life were hitherto but little, if at all, in uſe among the poor; no deleterious ſnuff or tobacco, no debilitating tea, no liquid fire, commonly called gin, or ſpirits ; thoſe banes of health and morals, thoſe ſüre deſtroyers of the conſtitutions of the preſent, and of the riſing generations ; and it is late in the period that we find any mention made of ale-houſes, recepticles of vice and immorality! from whence the mo- dern financier drains the ſubject of a con- ſiderable revenue, and at the ſame time the poor LETTER VI. 55 1 poor of their property, conſtitution, and morals. Manufactures had alſo made but little pro- greſs among us, which, however they may enrich individuals, or increaſe the ſources of our commerce, are, to the labouring poor, when they are the means of congregating them to work in parties, or are introductory of ſedentary employment, moſt ſerious evils ; in as much, as they are by long experience found to affect, moſt materially, the health and morals of thoſe employed in them; and when, which has happened in many places, they leave the pariſhes which have, for a time, been their reſidence, for manufacturers are naturally deſultory; thoſe pariſhes are left in miſerable poverty and hapleſs wretched- neſs. The means of intercourſe with popular ci- ties were alſo leſs obvious; of conſequence all thoſe crimes, which being committed in a crowd, may eſcape cenſure, were leſs practiſed; and that evil example, which is always to be found where many idle people are aſſembled, , was leſs before their eyes; beſides, the moral conduct of the individual was more under the E 4 guidance + ! 56. L E T T ER VI. poor, than guidance of the eccleſiaſtical director of his conſcience, during the exiſtence of the Ro- man Catholic perſuaſion; which circumſtance muſt be allowed to have been a cauſe of ſtricter moral conduct among the at preſent prevails. It has been already hinted, that the popu- lation of the kingdom, particularly among the lower claſſes of ſociety, has conſiderably in- creaſed ſince the abolition of monaſteries; and that whatever alms they then received from thoſe ſocieties of regular clergy, as well as the crumbs which fell from the tables of the opulent, who now expend their incomeş in cities, and places of public reſort, are at preſent withdrawn; and the very numerous pcor of this kingdom are, now, left a very heavy burthen on the landed property alone ; while manufactures and commerce enjoy a conſiderable portion of the benefit ariſing from their labour At the ſame time, a principle deſtructive to the rights, and particularly affecting the lower claſſes of ſociety, ſeems now to pervade the whole ſyſtem of the management of the poor ; a principle which is inherent to deſpotic go. vernments, LET TER VI. 57 vernments, but claſhes with the rights of a ſubject under a limited monarchy, and which has, nevertheleſs, increaſed in this country in a direct proportion with the liberality and free- dom of our excellent conſtitution; the prin- ciple alluded to is that, which leaves a chaſm between the different orders of the ſtate, and operates to this effect, that thoſe who are born to hard labour for their maintenance ſhall never have an opportunity of emerging from their low condition; the artizan or ma- nufacturer, the farmer or tradeſman, may riſe to the conſequence of a legiſlator: opulence will raiſe the poffeffor to diſtinctions in ſocie- ty; an individual of every profeſſion may look up with the well-grounded hope of becom- ing, in maturer age, of more importance among the higher claſſes of the ſtate, than when he began his career; but between the labourer and any ſuperior ſituation among his countrymen there is now a dreadful gulph, which none, or ſcarce any, can paſs.Du.. ring the æra which has been examined, ſuch a principle does not appear to have prevailed, and yet the rights of the ſubject were not then fo well defined as at preſent; the wages re- ceived 58 L É T T E R VI. ceived under fanction of ſtatute laws by the labourer, enabled the prudent to ſave fome- thing; that ſomething might then be applied to profit, in ſmall occupations of land; a ſmall buſineſs leads the way to a greater :-by theſe means the door was open to riches and autho- rity; and honeſt ambition was a ſpur even to the cottager, of which he is now deprived; for the induſtrious man in theſe days feldom receives any aſſiſtance from the overſeer, in the caſualties to which human nature is fub- ject, until every farthing of his ſavings are exhauſted, and he becomes, with reſpect to his poverty, on a level with the idle and the drunkard; and if he is fortunate enough, by many years induſtry and economy, to accu- mulate a few pounds, no ſmall buſineſs, in his line of life, is now open to him; the conſo- lidation of ſmall farms has precluded all hopes of employing his money in that buſineſs with which he has had moſt experience; all, there- före, he can do is to buy a cottage, which the pariſh officers too often fix their attention on, as a ſufficient reafon why he and his fami- ly, numerous as they may be, ſhall not re- ceive relief, becauſe he has viſible property. This L E T T E R VI. 59 This chaſm between the labourer and the other claſſes in ſociety, it is preſumed, may do more miſchief to the ſtate, by deſtroying every ſtimulus to induſtry, except dire neceſ- ſity; and actually become a more ſerious cauſe of the ſurpriſing increaſe of the poor's rates, than even thoſe inducements to diffipation and enervating luxury, which the poliey of the financier holds out to them in the ſhape of tea, fpirits; and ale-houſes. No wonder, therefore, that thoſe who lead a life of retirement, far from the haunts of the ambitious or voluptuous; who retreat from bus ſineſs or pleaſure, either to cultivate a more intimate knowledge of themſelves, or to deceive the paſſing hours by an attention to the im- provement or embelliſhment of their eſtates, ſhould have their ſenſibility wounded by being not only hearers, but eye-witneſſes of the miſery of their fellow-creatures ?-No won- der that thoſe who have been nurſed in the lap of luxury ſhould avoid thoſe ſcenes which otherwiſe, it is probable, they would embel-.. liſh by their taſte; and deſert thoſe manſions, now untenanted and dreary, which, when oc- cupied by the hoſpitable owners, diffuſed a gleam 60 LETTER VI. gleam of chearfulneſs through the country. It ſurely is not beneath the office of humanity, at times, to hold converſation with the peaſant, whoſe labour improves or embelliſhes our de- meſnes; but the topic of ſuch converſation too often diſtreſſes humanity, and ſends the hearer home dejected and diſſatisfied. Probably ſome reflections may then ariſe in his mind, not very favourable to the preſent fyftem of poor laws ; being a witneſs of their wretched ſituation, he may reaſonably conclude that the ſum, immenfe as it is, which the poor's rate, together with the charitable donations of our anceſtors, raiſes for them is not ſufficient, or that it is much miſapplied; for the rate it- ſelf is certainly an enormous burthen, riſing from two or three ſhillings in the pound, upon the actual rental, up to fixteen, eighteen, or more, in ſome pariſhes ; and the whole of this revenue has increaſed to the preſent bulk, from nothing, in leſs than two centuries, and no part of it is mortgaged; but the whole applied or preſumed to be applied to their maintenance and relief. Their wages, it is true, are leſs in proportion to the value of money, or the neceffaries of life, than L E T T E R VI. 61 ! than they were in times antecedent to the pre- ſent ſyſtem, probably leſs by one third ; and they alſo in thoſe times received aſſiſtance from the clergy, who by their advice then regulated their religious and moral principles, which are conſiderable preſervers of induſtry and good æconomy; therefore, raiſing their raiſing their wages will not alone be of ſervice to them at pre- Tent, becauſe the religious ſentiment ſeems extinct throughout the multitude in general, and morality has unawares expired with it; .conſequently thoſe principles, which if active would kindle a ſpark of honeft induſtry among them, are totally inert; and additional wages, it is feared, would only induce additional exceffes. If education will fix habits unconnected with the moral ſentiment; if Mr. Pope's maxim is true, that Juſt as the twig is bent, the tree's inclin'd; an opening is ſurely left, which may be applied to the beſt of purpoſes, without raiſing the wa- ges of the labourer, without calling for affift- ance from the clerical poſſeſſions, or expect- ing the clergy to attempt again the office of ghoſtly 62 L È T'T ER VI. ghoſtly directors with reſpect to their poot pa 'riſhioners: Induſtry, early induſtry, keeps the riſing age from preſent miſchief, and faſhions the future man to a life of honeſty; and depend on it; the religious principle, together with évery reſpected moral virtue, may be reared on the baſis of habitual induſtry. “ To teach the young idea how to ſhoot,” is among the moſt pleaſing and important of- fices of life; how excellent muſt be a plan formed on that ſentiment, which would com- prehend, and in a manner inſure the future well-being of fo large a portion of this nation'; would deliver them from a childhood and youth, paſſed in idleneſs and theft, to a man- hood formed from the earlieſt years to habits of induſtry; would, in the mean time, render their hours of ſome value to their parents, which are now an incumbrance to them, and a peſt to their neighbours. Much has been done, it may be ſaid, for the riſing generation within theſe few years by Sunday ſchools; it is very far from my inten- tion to call in queſtion either the principle on which the patrons of Sunday ſchools proceed, or, L E T T E R vi. 63 or to diſpute the fact that they have done fer- vice; but as the intention of Sunday ſchools is to inculcate a religious principle, to give early habits of religious duties, and to open the mind of the poor to religious inſtruction, ſurely thöfe ſeminaries are at preſent incomplete; fhall the ſix days be ſpent in idleneſs, perhaps in theft and immorality, while the ſeventh alone is ta- ken care of? May not the child who is left to itſelf in a ſtate of idleneſs, or poſſibly, for ſo we know it too often happens, fent out to ſteal firing for its parents, or encouraged to pilfer for its ſuſtenance through the other ſix days in the week, and who attends at the Sunday ſchools, where from ſuperior readineſs and re- gularity of attendance there, and at church, it is praiſed by the maſter or miſtreſs for reading and behaving well on the Sunday ; may not ſuch a child, from ſuch practice imbibe habits of hypocriſy, at the ſame time that it is educated in a regular attendance to religious duties ? Surely there is ſome danger that he may in mature life make uſe of this church- going habit, as a cloak for his conduct the reſt of the week; beſides, it ſhould be conſidered that the accompliſhments of reading and wri- ting 2 64 L E T T E R VI: ting are not eſſentially neceſſary for all people; there muſt always be in all ſocieties of man- kind ſome who are hewers of wood and draw- res of water ; to whoſe ſum of happineſs, or honeſt means of getting their bread, theſe ac- compliſhments will not add an unit; and to all the children of that claſs in ſociety, for whoſe benefit Sunday ſchools have been with ſo much well-meaning humanity encouraged ;. ſix days induſtrious habits are recommended as a better recommendation to a ſeventh of religious duties and inſtruction, than ſix days paſſed in vice or idleneſs; but this topic ſhall be dropped for the preſent, and the utility of Sunday ſchools acknowledged on this general principle, Eft quodam prodire tenus, fi non detur ultrà. In the mean time, the inquiry into the ac- tual ſtate and ſituation of the poor, as far as they are affected by the prevailing habits of the times, as well as by the laws of their coun- try ; together with the opinion which thoſe who have paid any attention to the ſubjects and have laid the reſult of that attention be- fore the public, have formed of the cauſes of their L E T T E R VII. 65 their énoreaſing wretchedneſs and our encreaſ- ing expences, fhall be purſued from the period at which this pauſe has been made, through thể- ſucceeding years to the preſent time;. in full confidence that ſome uſeful knowledge on this important fübject may be.gained; and in hopes that while we are amuſed we may be inſtructed. to L ETTER VII. WHEN I ſent you the laſt letter on this ſubject, the difficulty of meeting with fufficient information in reſpect to the price of labour, and the neceſſaries of life, from the period which has hitherto been the object of this inquiry, unto the end of the reign of Elizabeth, did not then occur to me; nor did Í foreſee that I ſhould be left in the dark on that ſubject, when Fleetwood's Chronicoiz ceaſed to give me any longer its ſteady and faithful light. The record of the prices of wheat at Windſor market, which has been re- gularly taken by the Burſer of Eton College Vol. I, F to ! 66 L E T T E R VII. K dom; to fix the corn rents for the year, is the only ex- act account, fo far back as it goes, in this king- and that extends only to the year 1595; but not being able to accompany the price of wheat from that period, which was only nine years anterior to the 43d of Elizabeth, with any certain cotemporary account of the price of labour; although I have taken every means in my power to obtain ſuch information as might be depended on with reſpect to the concurrent price of labour and proviſions to the 43d year of Elizabeth, hitherto without effect; and being fearful that thoſe among your readers who have paid any attention to what has already been ſaid on the ſubject, may conceive it is deſerted, and my word not intended to be, kept with them; I determined to ſend you a few part of the inquiry, which my library will enable me to elucidate, and my reaſon is adequate to explain. On peruſing the Engliſh hiſtorians of the age antecedent to that when the parliament of Elizabeth interwove the preſervation of the poor with the conſtitution of the kingdom; the affertion, made in a former part of this tract, that the monks, if they could not dig, pages on that were L E T T E R VII. 67 + ز were not aſhamed to beg, is found to be well authoriſed by hiſtory; for it appears that the multitude of idle people, which the diffolved monaſteries had vomited forth on the public, were become a ſerious burthen on ſociety, and occaſioned the paſſing an act in the firſt par- liament of Edward the Sixth, which is as cu- rious in the preamble, as it is inconſiſtent in the enacting part, with every principle of hu- manity and juſtice: the preamble ſtates, that “ foraſmuch as idleneſs and vagabondry is the mother, and root of all thefts, robberies, evil ·acts, and other miſchiefs, and yet idle and diſ- orderly perſons, being unprofitable members or rather enemies of the commonwealth have been ſuffered to encreaſe, and yet do ſo, whom .. if they ſhould be puniſhed with death, whip- ping, impriſonment, and other corporal pain, it were not without their deſerts," be it enacted, &c. In ſhort, this curious piece of legiſlation makes a man who liveth idly three days, the Slave for two years of him who informs againſt ſuch an idler, he being firſt branded with a red-hot iron on the breaſt with the letter V during which two years he ſhall be fed with F 2 bread 1 i 68 L ET T'.E.R VII. bread and water, and refuſe meat, and cauſed to work by beating, chaining, and otherwiſe in any work, be it ever ſo vile; and if he runs away from his maſter for the ſpace of fourteen days, he ſhall become his ſlave for life ; after being branded on the cheek with the letter S; and if he runs away a ſecond time, he ſhall be adjudged a felon. This act of parliament, ſo diſcreditable even to that age of diſorder and deſpotiſm, aroſe, as Rapin ſays, from the neceſſity the government experienced, of obliging the monks to work, who were little inured to labour, but em- ployed themſelves in going from houſe to houſe, inſpiring people with the ſpirit of re- bellion; and thus much is certain, let the cauſe of ſuch ſeverity have been what it may, that the act itſelf was ſo diametrically oppoſite to every juft principle of legiſlation, that it was repealed in the third year of the ſame reign, and during the adminiſtration of thoſe by whoſe authority it had been paſſed, and the poor were then left by the legiſlature, much in the fame ſituation as before the abolition of mo- naſtries ; although certainly deprived of a fource of maintenance, and the number of thein ) L E T T E R VII. 69 1 them conſiderably increaſed by that diffo- lution. Thoſe to whom Henry the Eighth had left the care of his infant ſon, even when aſſiſted by the council, among whom many names of reſpectable memory appear; ſeem to have been as inſufficient to that department of go- vernment, which reſpects the interior police of the kingdom, as we may reaſonably ſuppoſe the minor king could have been, had he him- ſelf wielded the ſceptre ; what elſe but com- plete ignorance, could have induced them to -permit ſo unpopular and unjuſt an act to be paſſed in the firſt year of their young ſove- reign's reign, as has been alluded to ? which law they were ſo foon obliged to repeal; and, in the year following the repeal, as an en- -couragement (as the preamble ſays) to, and promotion of, induſtry, an act was paſſed which obliged ſervants in huſbandry to ſerve the whole year, and not by days wages; the occaſion of which curious reſtraint, it is diffi- cult at this diſtance of time to gueſs; the ſtatute-book, as well as hiſtory, being ſilent on the ſubject, That F 3 70 L E T T E R VII. That the poor were now in a diſtreſſed fita- ation throughout the kingdom, is very appa- rent; they had loſt ſuch relief, whatever it might have been, as they had been accuſtomed to receive from the monaſteries ; they had alſo loft a conſiderable ſource of einployment, by the lands of the monaſteries being granted to the nobles and followers of the court; who left the huſbandry of their new-acquired dan mains to chance and neglect, which had been more attended to, and well cultivated when under the inſpection of the monafteries, and their tenants; and thoſe alſo, who were lately their confeſſors and ſpiritual directors, who while it was their intereſt, influenced the poor · to a life of induſtry, and content, ſtill retained the ſame influence over their minds, and made uſe of it now, to incite them to faction and le- dition ; certain conſequences of that diſtreſs, which ariſes from idleneſs and diſtipation ; while the legiſlature, to mitigate and allay the turbulent and diſſatisfied fpirit then prevalent among the lower orders of the ſtate, with an abſurdity ſcarce credible, paſſed a law, that the of every pariſh ſhall be relieved, “ with that poor of L FT T ER VII. 71 A that which every pariſhioner of his charitable devotion will give,” 5th and 6th Edward VI. cap. 2. As a top to the climax of their abſurdities in legiſlating for the poor, during this ſhort and unpropitious reign, parliament firſt inſti- tuted licenſed ale-houſes, and fanctioned them by an act which has the following preamble, as a reaſon for the ſtatute: * Foraſmuch as intolerable hurts and troubles to the common- wealth of this realm doth daily grow and in- creaſe, through ſuch abuſes and diſorders as are had in common ale-houſes, and other houſes, called tippling-houſes.” A preamble which ſhould have preceded a prohibition, not a licenſe, or permiſſion. The ſhort reign of Mary, was paſſed in the regulation of what appeared to her, and her adviſers, of much more importance than the feeding of millions; the bending the ſtubborn opinions of a few, in matters of religious con- troverſy; and can it be ſuppoſed that either legiſlators or eccleſiaſtics, who were employed in bringing heretics to the ſtake, could elevate their attention to the divine office of inveſti, gating the means to preſerve the multitudes of their poor brethren froin idleneſs and want ? Hova 1 F 4 72 LETTER VII. my However, before all the perverted faculties of their minds were totally abſorbed in the taſk of regulating matters of religious opinion, with the accuracy that their cotemporary legiſlator, Charles the Fifth *, regulated the 'motion of time-keepers,' they had ſufficient leiſure to leave matters in the ſame ſtate, with reſpect to the poor, as they were in the two laſt réigns; except that they invented the ſcheme of expoſing thoſe who begged; which, at that time, muſt of neceſſity have been as well the aged and infirm as the idle ; by obliging them to wear a badge on their breaſt and back openly, by an act of the ſecond year of the reign of Philip and Mary; but in theſe days, when the rights of human nature are ſo well underſtood, and with ſuch merited ſucceſs, wreſted from the ſtrongeſt gripe of power ; it will not ſtrike us with ſurpriſe, that in thoſe times of ignorance, ſuperſtition, and deſpot- iſm; the rights of the many ſhould be buč little underſtood, and leſs attended to, by the few who held the iron rod of power. The kingdom felt; during the reigns of theſe two children of the Eighth Henry, moſt * Robinſon's Hiſtory of the Emperor Charles V. 4to edit. Vol. 3. Book 12. ſerious - L É T T E R VII. 783 ſerious effects from the ignorance of govern ment; in, or its inattention to, the regulation of the interior police; being, at times, con- vulſed by inteſtine commotions, from its cen- tre to its circumference; as the rebellions of Kett, in Nolfölk, that of Arundel, in Devon. Thire, and inſurrections in many counties in the year 1549; and thoſe of Wyatt, in Kent and Surrey, and Carew, in Cornwall, in 1554) plainly evidence. It-is-no wonder, therefore; that in an early part of the reign of Elizabeth, after, the affairs of religion were ſettled to the general fatiſ- faction of the nation, by the eftabliſhment of the Proteſtant faith, according to the ritual of the church of England; and ſoon after the Queen had entruſted the affairs of the kingdom to the management of a Bacon and a Cecil ; that we find the attention of parlia- ment occupied on the ſubject of the poor, , with a ſeriouſneſs of application that proved their conception of the importance of the ob. ject, to the univerſal welfare of the nation; and which gave riſe to three acts that were paſſed in the fifth year of her reign; by the firſt of which ; thoſe regulations made in the ſeveral 5 74 L E T T E R VII. ſeveral parliaments of the fourth of Henry the Seventh, and the ſeventh and twenty-ſe- venth of Henry the Eighth, for keeping in repair farm houſes, and maintaining of tillage, were enforced; and all that was' enacted du- ring the two laſt reigns on this ſubject, was repealed; by the ſecond act, the poor were to be relieved by what every perſon gives week- ly; and if any pariſhioner ſhall refuſe to pay reaſonably towards the relief of the poor, or ſhall diſcourage others, then the juſtices of the peace, at their quarter ſeſſions, may tax him a weekly ſum, which if he refuſes to pay they may cominit him to priſon; and if any pariſh has more poor than they are able to relieve, juſtices of the peace may licenſe fo many of them as they ſhall think good to beg within the county. The next act, which is the 5th of Eliza- beth, cap. 4. is in force at this day; and pro- duces many uſeful regulations, as well in re- ſpect to what perſons are compellable to ſerve in any crafts or trades, as in huſbandry ; the conduct of the maſter and ſervant reciprocally to each other is regulated; the production of teſtimonials of a ſervant's conduct enforced by a penalty; LETTER VII. 75 a penalty ; the time during which labourers ſhall continue at work; beſides many other heads of regulation; for all which, it is bet- ter to refer your readers to that excellent com- pendium, Burn's Juſtice, or to the ſtatute itſelf, than take up their time, or my own, in recapitulating its contents : one ſection, however, I muſt call forth to their notice, be- cauſe I think, that as it is now, with ſome alterations, the law of the land, it ought, in juſtice to the poor, to be the practice of the magiſtrates alſo: by the 15th ſection, the wages of ſervants, labourers, and artificers, as well by the day as year, ſhall be limited, rated, and appointed by the juſtices of the peace of the county, they having reſpect to the plenty or ſcarcity of the times, &c. and this ſection is enforced by a penalty on the juſtices, for not attending at the time requir- ed by the act, and alſo on the maſter for giv- ing, and the ſervant for taking, more than ſuch rated wages. The wiſdom and humanity of government, during this long and proſperous reign, en- grafted by degrees ſome of the beſt moral principles of the Chriſtian religion, into the ſtatute 76 L E T TER Vti. ſtatute law of the land. Our Saviour, in his converſations with his diſciples, lays very great ſtreſs on the duty of giving to the poor, adminiſtering to the fick, and relieving the priſoner ; as may be ſeen in the 25th chap- ter of Matthew, and many other places in the New Teſtament; and the parliament of Eliza- beth fanctioned that, which was before only a moral duty, by a law of the ſtate ;. for by the 14th of Elizabeth, cap. 5. aſſeſſments are directed to be made of the pariſhioners of every pariſh, for the relief of the poor of the fame pariſh; and a proviſion is alſo made før the relief of priſoners in common goals';: the mode alſo of treating that-claſs or deſcription of our fellow-creatures, called, by the law, vagabonds, ſeemed alſo much better under ftood, than in former reigns; but ſtill was tinged with too much feverity, againſt thoſe members of ſociety, who are guilty of a ne- gative offence only ; that of want of induſtry, which in fact, puniſhes itſelf, and is with juſtice puniſhed by the municipal laws, as it is certainly a crime, and ſo conſidered by one of the beſt writers on that ſubject this age has produced, Beccaria *, who, in his excellent * Beccaria dei delitti e delle penc, Sect. 24. treatiſe * L E T T E R VIL 77 fourteen years years of treatiſe, Dei Delitti, e delle Pene, exactly de- fcribes thoſe uſeleſs and culpable members of ſociety, under the title of ozioſi, whom we in- include by the word vagabonds; and indicates an opinion, that their offence to ſociety, is ſomewhat ſimilar to that of men who are pro- bably guilty of crimes, but againſt whom there is no certain poſitive proof. This ſtatute of Elizabeth, orders vagabonds to be griev- ouſly whipped, and burned through the griſtle of the right ear, for the firſt offence, if above age, unleſs ſome creditable perſon will take them into ſervice for a year; and if of eighteen years of age, and he falls again into a roguiſh life, he ſhall ſuffer death as a felon, unleſs ſome creditable perſon will take him into ſervice for two years; and if he falls a third time into a roguiſh life, he ſhall be adjudged a felon. Government, after experiencing the effects ariſing from what had been done in the four- teenth year of this reign, again took up the ſubject; and we find in the eighteenth ſta- tute, the firſt idea of natural children being maintained at the expence of their mother, or reputed father, who appear before this time to have 78 L E T T E R - VII: have been maintained at the expence of the pariih; or at leaſt there was no poſitive law of the ſtate enforcing the contrary ; this ſtatute alſo provides for the puniſhment of the father and mother, and has ſtood the teſt of time, being the rule for the conduct of magiſtrates. at this day. In this parliament alſo aroſe the firſt idea of providing a ſtock to ſet the poor at work ; indeed it is ſcarcely credible, that legiſlators ſhould for centuries have puniſhed idleneſs and vagabondry ſo ſeverely, and not have provided a certainty, that thoſe members of ſociety, who, from their ſituation, are ſtrongly tempt- ed to incur the crime, ſhould have the means put in their power, by induſtry of avoiding it. Houſes of induſtry are now mentioned for the firſt time, and lands in focage are permit- ted, during twenty years, to be given towards their maintenance, and to provide ſtock for the poor to work up. But what principle could induce the parliament to prohibit build- ing cottages, unleſs four acres of land were laid to each of them, it is impoſſible at this diſtance of time to tell ; the hiſtory of that period taking no notice of the ſubject; and the L E T T E R VII. 79 the preamble to the act itſelf ſtating only ge- neral inconvenience ; yet ſuch a regulation paſſed into a law in 1589, together with a prohibition againſt more families or houſeholds than one, inhabiting the ſame cottage. The parliament of this wife and happy ära, were as progreſſive in improving the ftuation of the poor, and in laws replete with tenderneſs and humanity, affecting the lower claſſes of the ſtate, as were the parliaments under the two preceding reigns, retrogreſſive, and deficient, in thoſe reſpects; in the thirty- fifth year of Elizabeth, we find them turning again their attention to huſbandry, and repeal- ing ſeveral former ſtatutes affecting it; re- pealing alſo that part of the ſtatute law re- ſpecting vagabonds, which retained any un- neceſſary, and therefore improper, ſeverity; regulating the management of thoſe poor and impotent perſons who are compelled to live by alms; and enlarging the term, during which it ſhould be lawful to give land towards the maintenance of houſes of correction, or of the poor : and after having tried for four years the effect of all the laws then in force, rela- tive to this important department of the po- lice, 80 L'ET TER-VII I lice, and having called, as it were; practical experience in aid of theoretic legiſlation ;. We find, towards the end of the fixteenth century, and in the beginning of the thirty-ninth year of this reign, theſe various matters, and im- portant regulations, taking ſomewhat the ap- pearance of a cođe, or ſyſtem of laws, as they were contained in the firſt ſix and the ſer venteenth chapters of this ſeſſion. A recapitulation of the heads of theſe ſeve- ral ſtatutes would be tedious, and is unneceſa ſary to the purpoſe of this tract; which is in- tended to enquire into the relative - ſituation of the poor in time paſt, and at preſent: but one circumſtance, on the revifal of the hif- tory of theſe ſtatuteś, ſtrikes the mind ſtrong- ly; that the 43d of Elizabeth, which is con- fidered by many as the fountain and origin of the poor's rate, is in fact not ſo, but is the reſult of the collected wiſdom, obſervation, and experience of the fame, or nearly the ſame individual ſtateſmen; and thoſe, men of ac- knowledged wiſdom and prudence, attending to the ſame object, the general good of ſociety, in this moſt important article of police, dur, ing the term of almoſt half a century. Although İ ETTER VII: 81 Although ſome ſenſible and enlightened minds have appeared to doubt, whether this ſtatute has, in its preſent 'conſequences, brought upon that portion of ſociety, which by the law of the land is ſubject to its influ- ence, more good than evil ; reaioning from the great burthen it impoſes on the landed in- tereſt in particular ; the knowledge alſo that in other countries no ſuch law ſubſiſts; that until a certain ära it was not the law here; till when no collections but ſuch as are volun- tary were gathered for the poor ; knowing withal, that miſery and diſtreſs, ariſing from poverty, is the lot of too many; although ſuch an immenſe revenue is raiſed for their re- lief. Yet ſo great was the neceſſity of raiſing a certain revenue for them; and ſo gradually. and ſtrongly did ſuch neceſſity enforce itſelf through the period which has juſt becn ſubject to our attention, by a kind of divine right, on the conſcience of the legiſlature; who diſ- puted, and yielded, ſtep by ſtep, to its power- ful energy, during a long reign; which all our hiſtorians teach us to remember with re- yerence, for the wiſdom and prudence ſo viſi- Vol.I. G bly 82 L E T T E R VII. bly prevalent throughout that age. This af- ſertion may now be ventured, that a tax upon ſociety, for the relief of the poor, was, in the age of Elizabeth, expedient and neceſſary; and that the regulations of the 43d ſtatute of her reign were then the beſt modification of ſuch a tax, and well calculated to enforce ha- bits of induſtry, and all thoſe exertions to maintain themſelves before they became a burthen upon their fellow-ſubjects, which fell within the ſcope of their power and ability; whether they are ſo now, and whether the preſent enormous burthen of the poor's rates, ariſes from this ſtatute being put in force, or from other cauſes ſhall be the object of a ſub- fequent inveſtigation. LE T- } ( 83 ) L E T T E R VIII. TO O form an accurate judgment on any ſubject, it is neceſſary that the mind ſhould have been as fully attentive to the de- ſign of each part and proportion in detail, as to the ſpirit and effect of the whole; the fly on the dome of St. Paul's might, with equal reaſon, be ſuppoſed able to form a ſenſible and critical opinion of that magnificent fabric, as the mind of that man be conceived equal to form an adequate conception of the intent of the legiſlature in the ſtatute alluded to, who has only read detached parts of it, or haſtily, from the practice of modern days, formed a conception of the ſpirit and intentions which impreſſed the parliament when it became the law of the land, in the beginning of the laſt century. It is neceſſary, therefore, in ſome part of this enquiry, to declare what was the intent of the legiſlature when they paſſed this act and j G2 84 L E T T E R VIII. and to point out the means made uſe of by them to enforce the execution of that intent; or, in other words, to explain the ſpirit of this humane and wiſe code. In the execution of this taſk, reference ſhall be made to the ſtatute itſelf, as divided by its ſections, that the reader may examine, if he thinks proper, how far the following abridg- ment is warranted by the words of the act it- ſelf; which ought indeed to have been printed in an enquiry of this nature, as moſt pro- bably it cannot be purchaſed fingly, or un- connected with other ſtatutes; and Burn's Juſtice, which is in every body's hands, con- tains only detached parts of it, and it certainly is a ſtatute which is intimately connected with the intereſts of all owners and occupiers of land; was it not imagined that a long act of Parliament, paſſed at the cloſe of the reign of Elizabeth, would not produce much entertain- ment to the readers of a publication, intend- ed by the curſory and birds eye view of the ſubject, which is here taken ; to allure and incite thoſe to an attention and inveſtigation of this intereſting topic, who might fly with diſ- guſt from a more prolix and formal detail. It L E T T E R VIII. 85 with 1 It is remarkable that the ſtatute opens out any preamble whatever; moſt acts of our parliament, in the preamble, give a ſummary · view of the evils intended by the legiſlature to be corrected, or the good which is expected to enſue, from the regulations to be enforced; but here is no preamble, unleſs the title can be called one, which is in ſo many words, “ An act for the relief of the poor :” the enacting part inſtantly commences. Induſtry, and principally early induſtry, is the firſt ob- ject under their contemplation; the ſetting to work children, whoſe parents ſhall not be thought able to maintain them, and alſo the putting poor children out apprentice; ſetting the idle, whether from choice or neceſſity, to work; for which purpoſe a ſum was to be raiſed by aſſeſſment, to purchaſe a ſtock of flax, hemp, wool, thread, iron, and other ne- ceffary ware and ſtuff:—the next conſidera- tion was to raiſe a competent ſum of money, by the ſame means, for the neceſſary relief of the lame, old, impotent, blind, and ſuch others as are poor,' and not able to work. Sect. 1. This intent was to be carried into execu- tion by the churchwardens and overſeers which ; G 3 86 L E T T E R VIIT, which laſt were yearly to be appointed by the peighbouring magiſtrates, whoſe particular duty in this act is declared to be, to give order, direct, and inſpect the proceedings of the churchwardens and oyerſeers; and that this plan may, in all its parts, be carried by the overſeers under the direction of the juſtices into execution, they are ordered to meet on this buſineſs at leaſt once in the month, on a ſunday, after diyine ſervice in the church; and within four days after the year is expired, yield up to two juſtices an account of all things concerning their office ; proviſion is alſo made in thoſe inſtances where pariſhes may not be able among themſelves to levy the neceſſary ſums of money, by calling in aid other pariſhes. Sect. I, 2, 3, 5, 6, 7: That the expence for the relief of thoſe who are poor, and not able to work, may be felt as little as poſſible by the community at large, parental and filial affection is compelled to do its duty, before the public is burthened; and for that purpoſe grandfathers, fathers, and children are reciprocally called forth to fup, port each other if able. Sect. 7, And, L E T T ER VIII. 87. And, that neceſſary habitations may be pro- vided for the poor and impotent, it is made lawful for the overſeers, with leave of the lord of the manor, and under the controul of the magiſtrates, to build convenient places of ha- bitation on the waſte, and to place inmates, or more families than one, in the ſame cottage or houſe ; notwithſtanding an act paſſed in the 30th year of the Tame reign, which has already been alluded to. Sect 6. Another object was, to raiſe a ſum of money from every pariſh by a weekly rate, not ex- ceeding fix-pence, or under two-pence, for the relief of the poor priſoners in the King's-Bench and Maríhalſea ; and alſo ſuch hoſpitals and alms-houſes as ſhall be in each county; ſo as that there be ſent out of every county yearly not leſs than twenty ſhillings to each of the ſaid priſons; and the ſurplus money ſhall, at the diſcretion of the juſtices of the peace, in their quarter ſeſſions, be diſtributed for the relief of the poor hoſpitals of the county; and of thoſe who ſhall ſuſtain loſſes by fire, water, the ſea, or other caſualties; and to ſuch other purpoſes for the relief of the poor, as to the molt G_4 88 L ETTER VIII. moſt part of the ſaid juſtices thall ſeem cont venient. Sect. 12, 13, 14, 15, 16. The iſland of Foulneſs, in the county of Eſſex, being extra-parochial; it was thought neceſſary to include it by name; and the ge- neral regulations of the act, are alſo extended to that iſland. Sect. 18. The ſanction by which the legiſlature has enforced their regulations, principally reſts in pecuniary penalties; to which all deſcriptions of perſons called on, to the performance of any part of the act, are liable; theſe forfei- tures riſe from 2os. to 51. which is the pe. nalty to which the magiſtrates are ſubject, if they neglect to appoint overſeers; and are di- rected to be applied in aid of the fund, which is ordered to be raiſed for the employment and relief of the poor. Sect. 2, 10, 11, 14, 16. The ſummary mode of diſtreſs, by warrant, from two magiſtrates, enforces the payment of the aſſeſſments, and alſo of the penalties, except in the inſtances of the penalties in- curred by the magiſtrates, and the treaſurer of the county ſtock, raiſed by virtue of ſection 12; which are directed to be levied by warrant, from the general or quarter ſeſſions. Sect. 43 10, 13: Impria L E T T E Ř VIII. 89 Impriſonment, in default of ſufficient dif- treſs, is called in aid of the revenue this to be raiſed, for the benefit of the poor ; and alſo as a puniſhment to thoſe who ſhall not employ themſelves, work being firſt found for them ; and as a puniſhment to ſuch overſeers, as may refuſe to give account; until their contumacy is overcome, and they have paid the arrears due. Sect. 4, 13. An appeal is given to the quarter ſeſſions, to any perſon who ſhall find himſelf aggrieved by any ceſs or tax, or by any other act, done by the churchwardens, overſeers, juſtices of the peace, or any other perſon. Sect. 6. " To enforce obedience in corporate towns and cities, the head officers within their juriſ- dictions, ſhall have the ſame authority as juſtices of the peace, within their reſpetive counties; and where pariſhes extend into two counties, or liberties, the head officers ſhall have authority only within their reſpective counties and liberties; and not further. Sect. A 8, 9. It is declared at what time this act fcall commence, and 39 Eliz, in force. Sect. 17 Then cap. 3. ceaſe to be : 1 L ET TER VIII. Then follow directions for the defendant's plea, in any fuit commenced againſt him on this ſtatute, the replication of the plaintiff, the iſſue to be joined ; and on verdict for de- fendant; or nonſuit of plaintiff, treble damages and coſts are given; the whole calculated to come eaſily at the real fact, and to protect thoſe who are employed under the act, from being moleſted by vexatious ſuits ; and the act itſelf is intended to be experimental only, and declared to endure no longer than to the end of the next feffion of parliament. Sect. 1 19, 20. Theſe few preceding paragraphs contain a fummary of the contents of this ſtatute; the baſis of all future regulations, with reſpect to the poor, their employment, and relief; and, to uſe the words of that excellent writer on the laws and conſtitution of this kingdom, the tate judge Biackſtone,“ the farther any ſub- ſequent plans for maintaining the departed from this inſtitution, the more im- practicable and even pernicious their viſionary attempts have proved;" nor could any thing ſhort of prophecy have foretold, in the begin- ning of the ſeventeenth century, that, in con- ſequence poor hrave ? LETTER VIII. 91 fequence of theſe wife and humane regulations, above 2,000,000l. would, towards the cloſe of the eighteenth century, be raiſed in England and Wales, for the relief of the poor, excluſįve of numerous hoſpitals, largely endowed; cha, rity-ſchools; annual value of landed eſtates, given to charitable purpoſes ; ſums of money at intereſt in the funds; charities, ſupported by voluntary contribution ; private charities; the income of the whole probably not ſhort of 4,000,000l. a year; and after all, ſo much miſery and diſtreſs, ariſing from extreme po- verty, would then remain among us. It ſurely muſt be obvious to the meaneſt capacity, after the moft trifling attention to the great purpoſe of the legiſlature, in this act of parliament; that the burthen of the poor's rates, which is with ſo much reaſon com- plained of, and the preſent diſtreſſed ſituation of ſo many of the poor, cannot ariſe from this ſtatute being fully, and in every part of it, carried into ſtrict execution ; but from a prac- tice totally the reverſe; nor can it be aſſerted, with truth or reaſon, that any one regulation contained in it, is impracticable in theſe times; . any one is impolitic or dangerous to be executed, or that 98 i ETTER VIII. executed, either to the individual, executing it, the poor who are the objects of it, or the nation at large who are intereſted in the con- ſequences ariſing from it; thoſe fections which relate to the raiſing a ſum of money by afſeff- ment on the occupiers, are moſt certainly exe- cuted with all ſtrictneſs; but the firſt great purpoſe of the money fo raiſed, the purchaſing ſtock to ſet to work thoſe children whoſe pa- rents are not able to maintain them; and alſo the idle, whether from choice or neceflity, is too much neglected ; although there is no doubt but the habit of early induſtry once ob- tained, by an application of fome part of the money thus raiſed; and by theſe means, the poor being inured to an induſtrious way of life, would of itſelf amply compenſate the pariſhes for the purchaſe of a ſtock of materials ; al- though the manufactures thus fabricated might not meet with a ready ſale, at a price which will allow of a computation for much profit. It is a well-known fact, that conſiderable ſums are expended in every pariſh, in the pur-- chaſe of articles for the cloathing of the poor, which are bought of the retail ſhop-keeper in the country, at a fair average of thirty per cent, more L E T T E R VIII. more than the prime coſt of the materials and fabric to the manufacturer ; in this article, therefore, a very great ſaving may be made, by employing the hands of children now in idleneſs, or miſchief, in ſuch a manufactory; as might comfortably and neatly, although coarſely, cloath their relations and themſelves at a much cheaper rate, with cloathing which would wear much longer than what is now bought at the ſhops ; in the mean time, the habit of induſtry would be obtained, and the firſt great object of this ſtatute put in force, which now is almoſt generally neglected; and the cloathing of the poor would form no in- conſiderable ſource of conſumption for thoſe manufactures which might be produced by the early induſtry of their children. 1 1 LETTER [ 94 ) > L E T T E R IX. Tº prove, in fome degree, that the idea thrown out in the preceding letter is not founded in theory, or vain fpeculation only, one experimental inſtance ſhall be given, too trifling it is acknowledged for the notice of the public, but much in point. Having ſeen in the ſummer of 1787 the good effects ariſing from the ſchools of induſ- tiy, throughout the ſouthern diſtrict of Lind- ſey, in the county of Lincoln, it determined me to try, on a very ſmall ſcale, the experi- ment in my own pariſh; and accordingly, in the winter of the ſame year, a perſon was per- ſuaded to undertake the teaching fix boys, of about the age of ſeven years, to ſpin what is called top-work, although it was deſired the yarn might not be twiſted ſo cloſe as in that fabric, it being intended for knitting; a wo- man was alſo found to teach the ſame number of girls, of the ſame age, to knit ſtockings; forty-two L E T T E R IX. 95 forty-two pounds of wool were bought at Bury for the experiment; the account when manu- factured ſtood as follows: £. se do Combed wool, 421b. at ind. per lb. I 18 6 Spinning ditto, by boys, at 4žd. per lb. fome deductions made for waſte included, O 14 3 Twiſting and reeling 33 lb. 1407. of yarn, at 2 d. and 3d. per lb. 8 Knitting rolb. I 2oz, at 1s. 4d. O 14 4 Ditto 23lb. 2oz. at is. 6d. I 14 7 Total expended, 1. 5 9 8 1 34 pair of children's ſtockings, 'and 43 pair of men's, weighing 33 lb. 1402. ſold to the workhouſe, 5 13 Ends of wool, 7lb. made into mops, at 4d. per lb. 4 1 lb. 2oz, waſted and loft. Total produce, 5 16 0 2 Profit o 6 3 By 96 LET T'E-R: IX: 1 By which it appears, that a profit of above fixe thulli:gs reſulted from the experiment, in which only 51. gs. 81. was employed. do £. so Six boys were taught to ſpin, nine weeks, and earned O 14 Six girls learned to knit, 27 weeks, and earned 3 2 8 11 } 1 Suppoſing a capital of sl. employed fix months, in this infant manufactory, on which the clear profit was 6s. 3 d. (and five pounds is above the ſum actually employed that length of time), a profit of 201. 19s. 5d. will ariſe on 1ool. thus employed for one year, and one hundred and twenty boys and an equal num- ber of girls will be induſtriouſly employed, in learning an occupation; ſome money will be earned for their parents, by honeſt induſtry; and cloathing, at a much cheaper rate than what is bought at the ſhops, will be manú- factured for the poor ; for it is preſumed that under proper management no inconſiderable quantity of the yarn produced may be wove into ܀ :" LETTER ix. 97 into à fabric which would make excellent, {trong, and warm cloathing. This experiment would have been conti- nued; but the man who taught the boys, and the woman who taught the girls, did not think ſo ſmall a number worth their attention; con- ſequently, their ſcholars were neither regular in their attendance, or induſtrious while they did attend. The ſalary paid to the maſter and miſtreſs, is not brought into the account; becauſe it is conceived, that the price given on ſo ſmall a ſcale, is not a rule on a large one ; and there is reaſon to believe, that the profits of ſuch a manufactory will more than pay the ſalary to the inſtructors. This idea of employing the children of the poor would extend itſelf, under good manage- ment, to other manufactures, belides thoſe of wool; why not to coarſe linens; and to ſhoes, for which the poor pay an extravagant price? If this be the caſe; if ſo much good might probably ariſe from putting in execution the leading idea in this ſtatute ; of employing the children of the poor ; which is an inconfider- able part only, of what was wiſely enacted by Vol. I. H QUT 98 L ET TER IX. 1 our forefathers, and fooliſhly neglected by our- ſelves, it ſurely, to thoſe who complain of the burthen of the poor's rates; and at the ſame time neglect to execute the laws for promoting induſtry among the poor, may be objected in the words of Seneca, “ Sanabilibus ægrotamus malis; ipſaque nos in rectum genitos natura, fi cmendari velimus, juvat:" but alas ! what is the buſineſs of all, is the employment of none; we ſuffer an immenſe revenue to be raiſed on us, for two good purpoſes for in- duſtry, and charity; and permit the perverſion of half of it; for was one half of this revenue honeſtly and fairly applied to the purpoſes of the act, the poor would be more creditably, and comfortably maintained; and the other half might remain in the pockets of that claſs of the community, from whom the whole, is with ſuch ſtrictneſs exacted. If it ſhould be objected that no ſufficient demand would be found for ſuch a manufac- tory by children, the anſwer is obvious ; there is a point to which the experiment might be puſhed, and it will be time enough to ſtop when we can go no farthermit is not a ſuffi- cient excuſe for our doing nothing, that we cannot LETTER ix. gg cannot do every thing; an account printed by the fociety for the promotion of youthful in- duſtry in the county of Lincoln, has, among many other'excellent obſervations, pointed out the means of promoting a conſumption of this produce of their manufactory, which may be ſeen in the margin * ; and ſome good confe- quences would certainly reſult to the poor themſelves, as well as to thoſe who are ſo heavily taxed for their maintenance; for, if the infant poor could, by their induſtry, cloath their parents and themſelves, by this leading principle of the ſtatute being put in force; the overſeers would have ſmaller bills with the ſhop-keepers, whoſe livelihood principally * With all thoſe who have the good of their country at heart, it ſhould be an object of conſtant attention to promote the con- ſumption, no leſs than the ſale of wool. A pariſh-officer who was mindful of this would never purchaſe a cotton or linen gown for the poor inſtead of a woolſey one, which is much ſtronger, cheaper, and more comfortable; nor would he give them coarſe cloath aprons, when blue woollen aprons would anſwer every purpoſe much better, and ſave waſhing : nor, laſtly, would he ſuffer the money of the pariſh to be laid out in thread ftockings inſtead of worſted ones ; all which things have been but too frequently practiſed, H 2 ariſes IOO R . L E T T E R IX. raiſes from ſupplying the poor at exorbitant prices with their daily wants; the riſing gene- ration would be educated in more regular ha- bits of induſtry; and the poor themſelves, would be better cloathed, and at a cheaper rate. That the good reſulting from the execution of that ſection of the 43d of Elizabeth which refpects the employment of the infant poor, may appear in a ſtronger light, it may be worth while to call to mind what is in fact at this day the employment of the riſing generation of the poor in that part of England where ma- nufactures do not thrive, and where the ope- rations of huſbandry are the principal ſources of induſtry and labour ; there, in ſuch diſtricts which comprehend above a moiety of the kingdom, the children of the parish are en- couraged by their parents to employ them- ſelves in every act of peculation which is in their power, and which from the inſignificance of the property ſtolen individually, is an object ſcarce worthy the attention of the magiſtrate ; and to which, if he, on complaint made did attend, he could not correct; becauſe the lit- tlc . 1 L E T T E R IX. 161 3 tle culprits are not objects of legal puniſh- ment; children of five, fix or ſeven years of age being ſent out in parties to pilfer. But if the individual inſtance is too trifling for our notice; the aggregate forms no incon- ſiderable 'miſchief done to the public, and phy pro- perty purloined from fociety, by theſe little thieves; a child ſteals a turnip or two daily for its parent's dinner, it is nothing ---but the practice continued through a winter by hừn- dreds of them will conſume fome acres; it carries, with the aſſiſtance of its playmates, the flakes from the hedges, and looſe bårs or rails, from the fences; the value of the pro- perty is ſmall, though to repair the miſchief done it is expenſive; and when theſe depreda- tions are carried on in the vicinity of a town or pariſh where the population of this claſs of people are hundreds or thouſands, the total of miſchief is confiderable; and, though the crime is an object of civil puniſhment, the child is not; and the encouragement of connivånce of their parents cannot fall under the magiſtrates authority; for the property ſtolen iš inſtantly conſumed before any ſearch-warrant can ope- fate. In 3 يک ܝ ܂ H 3 10.2 L ET TER X. In the mean time the material injury is done to the morals; the riſing generation are in early youth accuſtomed to habits which turn them from the path of honeſt induſtry, to the high road which leads through every ſpecies of dex predation on ſociety, to the gallows, 3 L E T T E R X. THE neceſſary relief of Soldiers and mari- ners, which is enforced in a chapter im- mediately following the act, that has been the ſubject of our attention; and a liw to redreſs the miſemployment of lands, goods, and ſtocks of money, heretofore given to certain charita- ble uſes, which follows chap. 4th; complete the plan of that parliament which fat till near the cloſe of the reign of Elizabeth; the latter ſtatute being at preſent as neceſſary to be called into practice; and, if executed, as well calcu-' ļated for bringing to light any perverſion of that vaſt property which has been left by our forefathers for charitable purpoſes, as any plan that the ingenuity of the legiſlature could in theſe L ETTER: X. 103 1 . i + theſe days invent; and it ſtill remains the law of the land; and the authority of the chancellor might at any time call it into uſe, by an ap- pointment of commiſſioners according to the act, within the different dioceſes, Theſe, with many more ſtatutes for the req gulation of the internal police of the kingdom, were the production of the laſt parliament which fat in the reign of Elizabeth; an æra, with no extravagance of metaphor, called golden, if applied either to the glory of her reign with reſpect to the ſucceſs of her ſub- jects arms; the importance of it, with re- ſpect to foreign powers; or its utility and happineſs as it regarded thoſe who lived under her dominion : whatever may have been her private character as a woman; whatever in- trigues, which may have ariſen from love, jealouſy, or the other baſer paſſions that diſ- graced her court; a lapſe of near two hun- dred years has with propriety removed, as with a veil from our eyes; and they now only re- main in the pages of the novelliſt, or the re- tailer of frivolous anecdote; but her laſt words to her laſt parliament, while coupled with fych laws as do honour to human nature, and H4 are ! L E T T E R X. 1 1 are a' fevere ſatire on the load.of revenue-acts; with which our modern ſtatute-books abound, ought to remain with grateful recollection fixed on the minds of all poſterity. 4:6. I know that !!. the commonwealth is to be governed for the “. good and advantage of thoſe who are com- mitted to me; not of myſelf to whom it is Sentruſted, and that an account is one day to be given before another judgment-ſeat.” During the reign of Jaines the Firſt, very little was done by the legiſlature in the regu, lation of the internal police; the jcalouſy-which aroſe. both in the mind of the King and the Commons, occafioned that Prince to avoid, as much as his neceſſities would permit him, meeting his parliament; while the Houſe of Commons, who early in the reign felt the ef fects of thoſe high notions of prerogative which diſturbed the repoſe, equally of the prince as of his ſubjects, were too intent on the preſer-, yation of their own privileges to attend to the general welfare of the people; yet one of their firſt acts of legiſlation related to rating the wages of artiſts and labourers; and, by ſtat. 1. сар. 6. paſliament enlarged the powers of juſs țices of the peace with reſpect to the rating the wages : L E T T E R X. 165 + wages of workmen, as directed by 5th of Eliz: cap. 4. extending the famé to all manner of workmen whatever, “either working by the day, week, month, or year, or taking any work at any perſon's hand whatſoever to be done by the great or otherwiſe," rendering alſo the re- turn of the certificate of ſuch rates of wages into Chancery unneceflary; by directing them to be proclaimed, engroſſed in pārchment; and kept by the Cuſtos Rotulorum of the county, among the records, This attention to, and enlargement of the powers of the 5th of Elizabeth, is' a proof that good aroſe to the public from the rating of wages ; becauſe if the experience of forty years had proved it to be replete with more miſchief than uſe, it cannot be ſuppoſed that the legiſlature would have extended the prac tice, and made the power general, which had been hitherto confined to particular claſſes of workmen; nor would the execution of the act have been rendered more eaſy to the magi- ſtrates; yet there is reaſon to believe that the juſtices feldom enforced the execution of theſe acts; becauſe on a ſearch made in the office of the clerk of the peace for the county of Effex, only 1 * 196 LETTER X, ! only one inſtance could be found; and that at Eafter ſeſſions 1661: and Sir John Cullum, in chis Hiſtory of Hawſtead, in the county of Suf- folk ;; whoſe intention, in that excellent model of parochial hiſtory, was, among other objects, to give the reader information on the ſubject of wages of the poor, in times now far re- moved, and the cotemporary prices of the ne- ceflaries of life; mentions alſo but one inſtance, viz, in Eaſter ſeſſions, 1682. Other ſtatutes, affecting the lower claſſes of our fellow-ſubjects, although not immediately relative to the topic in queſtion, were alſo paſſed in the beginning of this reign : the 39th of Elizabeth, with reſpect to the puniſh- ment of rogues and vagabonds, was explained and continued, by chap. 7th; haunting and tippling in ale-houſes was alſo reſtrained, by chap, the 9th of the ſame ſeſſions; an act, the preamble to which is curious, and ſtates, very properly, the only proper uſe of ſuch places ; Whereas the antient, true, and principal uſe of inns, ale-houſes, and victual- ling-houſes, was for the receipt, relief, and lodging of wayfaring people, travelling from place to place, and for ſuch ſupply of the wants 1 L ET TER X. 107 1 wants of ſuch people, as are not able, by greater quantities, to make their proviſion of victuals; and not meant for entertainment, and harbouring of lewd and idle people, to ſpend and conſume their money, and their time, in lewd and drunken manner. Be it enacted, &c. As this act puniſhes the keeper of the ale- houſes permitting unlawful drinking, fo does chapter the fifth, of the ſtatute paſſed in. 1606, puniſh the tippler, or drunkard, himſelf; both which ſtatutes, although at preſent the law of the land, and well calculated to prevent drun- kenneſs, the root of much evil ; yet are no more attended to by the magiſtrate of theſe days, than as vain and nugatory ſounds, of the regulation of other times, which are long paſſed away, and the memory of which re- mains not, except in the page of hiſtory. In the ſeventh ſtatute of this reign, chapter the third, directions are enacted, how the mo- ney given for the binding poor children an prentices, ſhall be employed; by the pream- ble to which, it appears, that great ſums of money had then been given, and more was likely to be given, for the purpoſe of binding poor 2 108 L E T T E R X. poor children apprentices, unto needful trades and occupations ; a purpoſe to which the cha- rity of modern times, although in many in- ſtances profuſe, and in ſome redundant, has not in the leaſt attended; and, therefore, this ſtatute, except as far as it may reſpect ſums of money then given, and ſtill in ſtock, or lands, bought therewith, is now not in uſe. The fourth chapter of this ſeſſion has ſome- what of a reference to the 43d of Elizabeth; as that directed a ſtock to be raiſed, to ſet the idle, whether from choice or neceſſity, to work, fo this ſtatute directs houſes to be builded, to receive thoſe who are idle, by choice, in which they may be compelled to work; and gives birth to houſes of correction, and the regula- tións reſpecting them; for, although by the 39th ſtatute of the late reign, juſtices of the peace were empowered to erect houſes of cor- rection ; yet, it appears, by Lord Coke's read- ing on this ſtatutę, that thoſe powers were not arried into execution ; and a penalty of 51. is now laid on every juſtice, within every county of 'the realm, where ſuch houſe ſhall not be crected or provided Onc 1 109 LETTER X. 1 1 One moſt ſevere clauſe is inſerted in this act of parliament, affecting the mothers of baſtard children; a ſeverity totally incompati- ble with any idea of a juſt proportion of pu- niſhments to crimes, and diametrically oppoſite to every principle of moral rectitude ; that clauſe is alluded to, which impowers magi- trates to commit to the houſe of correction, to be puniſhed and ſet to work, for the term of a whole year, any woman who ſhall have a baſtard, which may be chargeable to the pa- riſh; and this without any authority of miti- gation, for the firſt offence; and for the ſe- cond offence of this kind, “ eftfoons if ſhe ſhall offend again,” ſhe is to be committed, until ſhe ſhall find ſecurities not to offend again ; fo that for the firſt inſtance of immorality, ſhe is to ſuffer a ſeverity of puniſhment, infinitely diſproportionate to the offence: for the ſecond, or any future inſtance of ſimilar miſconduct, her puniſhment, if ſhe is a proſtitute to a man of property, may be nothing: a ſevere and fooliſh law; one much more honoured in its neglect, than in the obſervance. After the diffolution of this parliament, in 1609, none other was called for fourteen years; and, 1 tio L E T T E R XI. and, in the mean time, James had full oppor- tunity of giving his ſubjects a ſufficient ſpeci- men of king-craft, as he was uſed to call it, or art of government; but in the twenty-third year of his reign, he found himſelf obliged to aſſemble the parliament, which continued fit- ting until his death; that happened in 1625.- In this parliament, nothing was done, with reſpect to the intereſts of the lower claſſes of the people, except another act to repreſs drun- kenneſs. L E T T E R XI. THE reign of Charles the Firſt continues the acts already in force, with reſpect to the poor, but produces nothing new on this ſubject, except a farther reſtraint on tippling in inns and ale-houſes; the former acts had reſtrained, by penalty, his majeſty's ſubjects only; this, which paſſed in the firſt year of his reign, extended to foreigners alſo. It is curious LE T'TER, XI. ز curieus to obſerve, that as ſoon as ale-houſes had obtained a legal fanction, under the licenſe, of the neighbouring magiſtrates ; the bad con- ſequences reſulting from them, in promoting idleneſs, debauchery, drunkenneſs, and all manner of miſchief, was ſeverely felt by the nation, and frequent attempts were made by the legiſlature, to reſtrain thoſe abuſes, but, it is feared, with little effect; becauſe it may be perceived, that additional reſtraints on perſonis: who haunted, thoſe peſts :of all good order, were impoſed, year after year, by the parlia-" ment, and facility of conviction was conſulted, almoſt at the expence of religious obligations; theſe ſtatutes remain in full force at this day*; and it is in the knowledge of us all, how much ſociety hourly ſuffers in its morals and induſtry, from theſe too frequent, and too much fre- quented places of licenſe and ebriety; but the $ 1 By the 21ſt of James the Firft, chap, the 7th, which is continued by an act in the third of Charles the Firſt, and again by an act in the fixteenth of the ſame reign; the oath of a tip- pler, having firſt confeſſed that he was tippling in an ale-houſe, fhall be ſufficient proof againſt others, of the offence; which incurs, to thoſe tippling, a penalty of five ſhillings; and to the ale-houſe keeper permitting it, a diſability to keep an ale-houſe for three years enſuing the offence. financier 112 L È T T E R XI. financier will tell us, that by theſe, and ſimilar enormities, the revenue is encreaſed, and the treaſury makes up a good account: to which, the proper reply of a good ſubject, and a good citizen may be. Non tali auxilio nec defenſoribus iftis, Tempus eget. The ſcene of confuſion, and civil diſcord, which followed the parliament that was held in the 16th of Charles the Firſt, and the in- teftine wars, which deſolated this kingdom, during a period of near twenty years, until the reſtoration of the ſecond Charles, forbid any expectation of ſeparating, during their conti- nuation, the concerns of the poor from the miſeries of the ſoldier : inter arma filent leges, ſays Lord Coke; and the maxim has ever been found true by experience, which has alſo proved to us; that in all civil commotions, where the folly of the million has been made fubfervient to the purpoſes of the few, the rights of the citizen fall before the ſelf-inte- intereſted purpoſes of individuals. Until the Reſtoration, which was above half a century from the 43d year of the reign of Elizabeth, L E T T E R Xİ: 121. Elizabeth, the parliament had made no alteq: ration in the laws with reſpect to the maintea nance and employment of the poor ; and that ſtatute remained the law in that reſpect; nor has there been preſerved to us any pamphlet or fugitive tract, which during that period has reflected on this ſtatute, as being deficient ei- ther in policy or prudential regulation ; on the contrary, it has been continued from time to time without any comment whatever, and particularly by ftat. 3. Charles I. chap. 4. and 5.; a filent but a ſtrong preſumption, that it had been hitherto found equal to the great purpoſe expected from it; the extention of charity, by the means of induſtry. . Soon after the reſtoration of Charles the Second, that is to ſay, in the 13th and 14th year of his reign, which takes its date in the ſtåtute-book from the death of his father ;.it was perceived that partial inconvenience. had riſen in a manner, from the general-good effects of this act of Elizabeth, as an extract from the preamble to chap. 12th of the ſtatute of that date will plainly demonſtrate; which ſtates, that, “ whereas poor people are not reſtrained from going from one pariſh ito another, and VOL.I. I there + L E T T E R XI. 122 : fore do endeavour to ſettle themſelves where there is the beſt ſtock and largeſt commons and waſtes to build cottages.” It appears by this preamble, that a good ſtock of materials to work up, and a chance of obtaining habi- tations, occafioned the pocr to migrate from thoſe pariſhes where the overſeers were negli- gen't in theſe matters, to other pariſhes where they had a chance of a domicile, and employ- ment; and ſurely every principle of freedom, and every duty of reciprocal juſtice ſhould per- mit the poor who live by their labour to re- move ad libitum to thofe pariſhes where they may find labour to live by; notwithſtanding the partial inconvenience felt by particular pa- riihes, when the general good will be ſo much better promoted, both in principle and practice. This is the firſtact which reſpects the ſettlements of the poor, but does not attempt in any in- ſtance an alteration of the 43d of Elizabeth, and may rather be called, with no improprie- ty, a uſeful addition to that venerable edifice; comprehending in it the origin of ſettlements, work-houſes, and the laws reſpecting rogues and vagabonds, together with regulations as to the maintenance of natural children. The Lo F T T E R XI. I 23 ز The dignity of hiſtory very feldom ſtoops to record the diſtreffes or comforts of the bulk of the people; the buſineſs of the hiſtorian, .is. with wars and revolutions, treaties and the in- fringement of them, the intrigues of party, and the exceſſes of the higher orders of the ſtate; but rarely does he condeſcend to re- late, The ſhort and ſimple annals of the poor. It is, therefore, from other ſources our infor- mation muſt be ſupplied; from the pamphlet, or the newſpaper of the day; and, hitherto but few of theſe have come to hand, of fo re- mote a date as the middle of the laſt century; from the only exiſting inſtance on record, that could be found, of the juſtices rating of wages, in the county of * Eflex, compared with the cotemporary * Eſſex, Eaſter Seſſions, 1661. Common labourers, fellers, and makers up of wood, ditches and hedges ; threſhers, and all other common labourers, by the day (the time of harveſt excepted.) with board. without board, s, de S. d. From the middle of March, to the middle of September 1 z I 2 Mowing 124 L E T T E R XÍ. . cotemporary prices of wheat and malt, a rea- ſonable concluſion may be drawn, that the proportion between the ſcarcity of the neceſa- ries of life, and labour, was by that means more exactly preſerved than in theſe times ; for although the price of wheat is very high, yet in the other articles of the conſumption of a poor family, in candles, ſoap, beer, no ſuch exciſe duties took place then, as' now do; nor was tea and gin ſo much their beverage ; nor had with board. without board, se d. so do I o 8 I O OTO 11 o 4 From the middle of September, to the middle of March, o 6 Man hay-maker, Woman hay-maker, 5 Weeders of corn, Mowers of corn and graſs, A fallower, Man reaper, Woman reaper, 8 Labourers by Taſk. o 9 6 O IO I I o 6 I 3 I 0 1 I 10 0 I · 2 $. d. I 10 1 2 Moving an acre of graſs, Well-making, clean raking, and cocking, an acre of graſs, ready to carry, Reaping, or ſhearing, well-binding, cocking, or ſhock. ing, an acre of wheat, rye, or meſlin, 4. a Reaping, or ſhearing, an acre of barley, or bullymony, binding and ſhocking the ſame, 6 The fame to oats, 6 Reaping 2 L E T T E R XI. 125 had paper credit fo much depreciated the va- lue of money, by raiſing ideal riches, as at pre- ſent; for in ſuch a proportion it is ſuppoſed the value of gold and ſilver to be decreaſed, and conſequently the money-price of the ne- ceſſaries of life increaſed; that a poor family which could, in the middle of the laſt centu- ry, earn 201. a year, was in a better ſituation than the faine family would be now, with earnings amounting to gol. a year ; therefore, the prices of labour were more adequate to ſupply their wants *, altho' the price of wheat 3 6 I 2 I 2 ! I 2 Reaping and well-binding an acre of beans, Mowing an acre of barley, or oats, Making an acre of peaſe, yetches, or tares, Making and ditching a rod of new ditch, 4 feet wide, out of the whole ground, 3 feet deep, 1 { foot at bot- tom, double ſet with quick, and ſetting a hedge upon it, after the rate of 16 { feet a rod, with gatheriug ſets for the ſame, A rod of ditch, of like breadth and depth, without quick, o 6 Threſhing wheat and rye, the quarter, barley and oats, beans, peaſe, bullymony, tares, d. The prices of wheat, this year, as appears by Fleet- wood's Chronicon, per quarter, Malt, per quarter, I i3 + * Wants, this expreſſion is underſtood to comprehend not neceſſațies alone, but the comforts and indulgences of life. was I IO O IO OTO £. so de 3 10 1 ? 13 1 1 126 L E T T E R XI. was very high, than the prevailing prices in this county at preſent; beſides, at this time, a poor family might, without the fear of being fent back by the pariſh officers, go where they chooſe, for better wages, or more certain em- ployment; whereas ſince the year 1662, the law of ſettlements, introduced by 13th and 14th Charles II. chap. 12, has much abridged their liberty in that reſpect; made them of neceſſity ſtationary, and obliged them to reſt fatisfied with thoſe wages they can obtain where their legal ſettlement happens to be ; a reſtraint on them which ought to inſure to them wages in the pariſh where they muſt remain, more adequate to their neceſſities, becauſe it precludes them in a manner from bringing their labour, the only marketable duce they poſſeſs, to the beſt market; it is this reſtraint which has, in all manufacturing towns, been one cauſe of reducing the ſuch a ſtate of miſerable poverty; for, among the manufacturers, they have too frequently found maſters who have taken, and continue to take every advantage, which ſtrict law will give; of conſequence, the prices of labour have been, in manufacturing towns, in an in- verſe pro- poor to 1 L E T T E R XI. 127 verſe ratio of the number of poor ſettled in the place; and the ſame cauſe has increaſed that number, by inviting foreigners, in times when large orders required many workmen ; the maſters themſelves being the overſeers, whoſe duty as .pariſh officers has been oppoſed by their intereſt in ſupplying the demand. But on the other hand, the queſtion what are the neceſſaries of life, ſhould be taken into conîideration; and this is a point not eaſily. ſettled; the rigid rule of juſtice ſo conſtantly militating with the laudable but deſultory feel- ings of humanity; when we aſſert that nothing is a neceſſary to life but what ſupports the ſtream of life, we confine the number of arti- cles within a narrow limit; and poſſibly to thofe articles alſo whoſe price is not much riſen, or the uſe of which is trifling in a poor family, as linen, ſoap, leather; but when with a wider ſcope of humanity we take in the comforts of life which were in contemplation in the preceding paragraph, the expences of the poor are very conſiderably encreaſed; to ſettle our ideas on this ſubject, Adam Smith may be thought no improper moderator ; at leaſt his high character for ſtrong ſenſe, com- I 4 bined 128. L L E T T E R XI. 1 bined with deep knowledge of the topic, point him out as of the beſt authority.; he reckons as neceſſaries to the poor in England, linen, ſoap, leather ſhoes'; he claſſes beer, ale, to- bacco, tea, ſugar, and ſpirituous liquors, among the luxuries of life, but profeſſes he means to throw no reproach on a temperate uſe of them. Although the reign of Charles II. extended to the year 1680, and the parliament regularly fat every year except the 21ſt, 24th, 26th, and 28th of his reign, yet but little more' was enacted reſpecting the poor ; in the 23d fel- ſion, by chap. the 18th, fome further regula- tions with reſpect to work-houſes, were thought expedient, and paſſed into a law; and in the 19th, the 22d, and zoth ſeſſion, the ſituation of poor priſoners was taken into conſideration, and ſoine good regulations made to give them means of employing themſelves while in con- finement; to prevent the ſpreading of infec- tious diſtempers, and to expedite the diſcharge of priſoners, when liberated by courſe of law; yet as they do not fall under the particular ob- ject of this inquiry, there is no occafion to make any obfervations on them; but let us paſs L E T T E R xir. #29 " paſs on to the enſuing reign, ſtopping only to enquire whether any treatiſes have been printed before the Revolution and preſerved to the preſent time, which may throw light on this important ſubject. L E T T E R XII. THE information which may be gleaned on the ſubject of the poor of this king- dom, from the earlieſt time, until the cloſe of the laſt century, by tracts, pamphlets, or fu- gitive publications, is not much more ſatisfac- tory and particular, than what the pages of the hiſtory of this country afford; it ſhould feem, that excepting here and there a mind thirſty after that information, which may be ſerviceably applied to the benefit of our fel- low-creatures; people, in general, of all de- nominations, at all times, recede with diſguſt from enquiries of this nature, and throw aſide that book, whoſe periods remind them of the miſeries attendant on the great maſs of hu- man 2 130k LETTER XII. man lives, within this kingdom ; or vainly, although with a good intent, attempt to point out fome means to mitigate or avert thema ; the reſult of every enquiry a country life could afford, together with an unlimited. order to one of the firſt bookſellors in town, to collect every thing that has been written on the ſub- ject, to the cloſe of the laſt century, has pro- duced a very inſignificant lift; more tracts muſt certainly have been publiſlied, but it is fuppoſed not many worth notice, becauſe fcarce any are quoted, or mentioned, in the pages of thoſe which have been collected : among the farrago of pamphlets publiſhed during the laſt century, which the Britiſh Muſeum poſſeſſes, many, it is poſſible, whoſe titles would not otherwiſe have exiſted to this time, have been preſerved; but neither time or opportunity have offered, to ſearch that immenſe arſenal of literature; in the mean time, the ſubject itſelf preſſes on the mind; and ſome apprehenſion leſt the illneſs of my friend *, ſhould occaſion a temporary diſcon- tinuance of that uſeful publication, on account * At this time Mr. A. Young was dangerouſly ill. { of A LET T'ER XII. 131 މް of which the enquiry was firſt begun, before it is brought to a concluſion, which would, in ſome reſpect, leave the Annals of Agriculture imperfect; a work which reflectş laſting honour on him, who, with ſuch ſucceſs, whas brought, as it were, under a glance of the eye, a maſs of agricultural information, that will long remain a valuable treaſure to the kingdom ; theſe reaſons have urged me to continue the plan hinted at a few pages back; although at pre- fent ſo indifferently provided with materials on the ſubject. It creates no ſmall degree of ſurpriſe, that a mind fo capacious as the Viſcount St. Al- ban's, who lived cotemporary, and was art and part with that parliament which paſſed the famous ſtatute of Elizabeth; among the voluminous pages of his writings, and the vaſt variety of ſubjects, his almoſt omnipotent abi- lities comprehended, and his indefatigable pen treated of; ſhould not have left a ſingle tract on this important ſubject; one paragraph alone can be found, a inere drop, amidſt the ocean of five quarto volumes of his works; and this drop is in his advice to the king, touching 132 L ET TE'R ** touching Mr. Sutton's up eſtate; but by this it is apparent, that his ideas were not well digeſted on this ſubject, nor was the topic cloſely entered on; the only paſſage worth extracting is the following; “ But chiefly it were to be wiſhed ſuch beneficence towards the relief of the poor were ſo beſtowed, as not only the mere and naked poor ſhould be ſu- ftained, but alſo that the honeſt perſon which has hard means to live, upon whom the poor are now charged, ſhould be in ſome fort eaſed : for that were a work generally acceptable to the kingdom, if the public hand of alms might ſpare the private hand of tax; and, therefore, of all other employments of that kind, I com- mend moſt, houſes of relief and correction, which are mixed bofpitals; where the impotent perſon is relieved, and the ſturdy beggar buckled to work, and the unable perſon alſo not maintained to be idle, which is ever joined with drunkenneſs and impurity, but is ſorted with ſuch work as he can manage and per- form; and where the uſes are not diſtinguiſh- + + The founder of the Charter Houſe, ed L É T T E R XII. 133 ed, as in other hoſpitals, whereof ſome are for aged and impotent, and ſome for children, and ſome for correction of vagabonds, but are ge- general and promiſcuous, that may take off poor, of every ſort, from the county, as the county breeds them; and thus the poor them- ſelves ſhall find the proviſion, and other peo- ple the ſweetneſs of the abatement of the tax: now if it be objected, that houſes of cor- rection in all places have not done the good expected; as it cannot be denied, but in moſt places they have done much good; it muſt be remembered, that there is a great difference between that which is done by the diſtracted government of juſtices of peace, and that which may be done by a ſettled ordinance, ſubject to a regular viſitation, as this may be.” When Sir Francis Bacon, as Attorney Ge- neral, drew up this letter of advice for his maſter, James the Firſt; he muſt ſurely have conceived in his mind ſome idea of incorpora- ted houſes of induſtry; and anticipated, as it were, by prophetic foreſight, ſomewhat of thoſe excellent regulations, which, through the auſpices of a reverend and worthy magi- ſtrate, have brought the poor under ſuch good order, 3) 134 LETTER XII. order, and ſo reduced the rates in thoſe pa- riſhes, whoſe houſe of induſtry he, with ſuch attention, at preſent, preſides over I. The words, diſtracted government of juſtices of peace, are worth our notice; it is to be feared that the , obſervation would equally apply, through the many years that have paſſed ſince this advice was given, as it did then; a farther comment on this expreſſion would be inde- corous; but it warrants this ſingle obſervation, that as the gratis opinion of a lawyer is not thought ſo good, as that which a fee com- mands ; ſo poſſibly the gratis or voluntary at- tention of the gentlemen in the commiſſion of the peace, is likely to be more deſultory and diſtracted, than that which a falary might purchaſe. My Lord Hale is the firſt great name on the liſt of thoſe, who have turned their atten- tion to the employment and relief of the poor; the year his plan firſt appeared in, is not ap- parent in the copy; but it certainly preceded any other in my poffeffion; as it muſt have been written before 1676, that being the Thc Rev. Mr. Cooke, of Semer, in Suffolk, year 1 L E T T E R XII. 135 1 66 00 year in which he died; it would take up too much time to tranſcribe all in this excellent tract, which is deſerving our attention; there- fore thoſe parts only ſhall be taken notice of, which are moſt to our purpoſe; he ſays, “ The only ſtatute which provides univerſally for the poor, is the forty-third of Elizabeth, which generally makes two proviſions. Firſt, for the impotent poor that are not able to work, and for theſe it is a good and effectual proviſion, if duly executed. Second, for thoſe that are able; the de- fects of this proviſion are, firſt, in the execu- tion, the ſecond defect is in the law itſelf which is, that there is no power in the juſtices of peace, or ſome fuperintendant power, to compel the raiſing of a ſtock, where the church-wardens and overſeers neglect it. 2. The act chargeth every pariſh apart, where it may be they are able to do little towards it; neither would it be ſo effeétual, as if three, four, five, or more contiguous pariſhes did contribute towards the raiſing of a ſtock, pro- portionable to the poor reſpectively. 3. There is no power for hiring or erecting a common houſe, or place, for their common work-houſe; which ز 136 L E T T E R XII. which may be, in ſome reſpects, and upon fome occaſions, uſeful and neceffary, as ſhall be thewn. “ The remedies are ; “ 1. That the juſtices of the peace, at the quarter ſeſſions, do ſet out and diſtribute the pariſhes in their ſeveral counties, into fe- veral diviſions, in each of which there may be a work-houſe, for the common uſe of the reſpective diviſions, wherein they are reſpec- tively placed, to wit, one, two, three, four, five, or fix pariſhes to a work-houſe, accord- ing to the greatneſs or ſmallneſs, and accom- modation of the ſeveral pariſhes. 2. That at the ſeſſions, the church- wardens and overſeers of the poor of the reſpective pariſhes, bring in their ſeveral rates for the relief of their reſpective poor, upon oath. And that the ſaid juſtices do aſſeſs three, four, or five yearly payments, to be levied and collected at one or two entire fums, within the time prefixed by them, for the raiſing a ſtock, to ſet the poor, within thoſe precincts, on work; and to build, or procure; a convenient work-houſe, for employing the poor (if need be) in it, and for lodging ma- terials, LETTE Ř xii. 137 .. + terials, and for inſtructing children in trade or worki 3. That there be yearly choſen, by the ſaid juſtices, a maſter for each work-houſe, with a convenient ſalary, out of the ſaid ſtock, or the produce thereof, to continue for three years; and two overſeers, to ſee the iſſuing and return of the ſaid ſtock, and to take the accounts quarterly, or monthly, of the maſter, as they ſhall think fit. 4. That the ſtock be delivered to the overſeers, and by them iſſued to the maſter, as there ſhall be occaſion; and that they alſo, from time to time, receive the produce of the ſaid (tock, and the accounts for the fame. 5. That at the end of every year, the maſter and overſeers give up their accounts to the two next juſtices of the peace, at times by them prefixed, and publicly notified, to the inhabi- tants of each precinct, to the end that they may take any exceptions to ſuch accounts, if there be cauſe. “ 6. That the maſter and overſeers of every reſpective work-houſe, ſtand and be in- corporate, by the name of the maſter and over- VOL. I. K ſeers, 66 1 138 L E T T E R XII. . ſeers of their reſpective precincts, and capable to take in ſucceſſion by will or otherwiſe, lands, goods, or money, or other legacies or gifts, for the benefit of the poor within their reſpective precincts. 7. That they alſo be accountable, as well to their reſpective ſucceſſors, as to the juſtices of the peace at their quarter ſeſſions, for the benefit, and produce, and employment, of ſuch gifts and bequeſts. “ 8. That they be diſabled to grant any lands to them given or bequeathed, for any longer term than one year, and at an improved rent. 9. That if any perſon that is able to work, and not able to maintain himſelf, ſhall refuſe to do ſo, he may be forced thereto, by warrant of two juſtices of peace, by impriſon- inent, and moderate correction in ſuch work- houſe. “ 10. If any perſon employed by the maſter, ſhall' embezzle, or wilfully prejudice or ſpoil his work; he ſhall, upon complaint and proof thereof, by the party grieved, to any juſtice of peace, and by warrant from him, receive im- priſon- L É T T E R XII. 139 1 priſonment or moderate correction, by war- rant of ſuch juſtice. “ Theſe are the heads of that proviſion I could wiſh for the ſetting the poor to work, which is but an eſſay, and may receive altera tions or additions upon confideration.” This excellent man then ſpeaks of the be- nefits ariſing from his plan, and anſwers ſome objections to it; and then concludes, that ſuch plan, if it could be accompliſhed, would be a work of great humanity, which would be- come a Chriſtian and a good Engliſhman. In: this plan, the idea ſuggeſted by Sir Francis Bacon is improved, matured and digeſted into ſome regularity; and under this form it pre- ſents to our view a prototype as it were of Mr. Gilbert's ſcheme, which has lately at- tracted the attention of the publick. The next publication which has been col- lected in point of time, is by Andrew Yarring- ton; who appears, by his own account, to have been a linen-draper, and afterward employed by ſome gentlemen, to bring a' manufacture into England, from Bohernia and Saxony, made (to uſe his own words) of iron and tin it K 2 140 L E T T E R XII. it appears alſo, that he was à ſurveyor to ſome iron works in Ireland; he certainly poſſeſſed great information on matters of trade, and a clear underſtanding ; the imprimatur of his book bears date 1676; the title is an epitome of its motley contents, England's Improve- ment, by Sea and Land, to outdo the Dutch without Fighting, to pay Debts without Mo- ney, and to ſet at work, all the Poor in Eng- land, with the Growth of our own Lands, cum multis aliis ; in this curious, and in ſome reſpect inſtructive book, may be found the firſt idea of a ſchool for induſtry, according to the practice in Holland, and Flanders, which the author takes great pains to prove might with profit be carried into effect in England; he alſo, in a viſion of future glory, anticipates, in proſpect, the extent of our paper credit, our numerous inland navigations, the full employ- ment of the infant poor, and our conſequen- tial riches; his viſion is completely verified in the two firſt inſtances, and their conſequences, why it may not in the other, remains probably for another century to prove ; but ſurely as.. the complaint that the poor are not employed, and 1 L E T T E R XII. 141 . and that idleneſs prevails among them, may be pow made, with at leaſt equal truth, to- wards the cloſe.of the eighteenth century, as it was about the middle of the ſeventeenth; why the other part of his prophecy ſhould not be brought to paſs, remains in nothing but experience itſelf to ſhow; and it is to be hoped that the Sunday Schvols will prove harbingers to the attempt. Mr. Thomas Firmin, a friend of Archbiſhop Tillotſon, is the next writer on this ſubject; his two letters to that prelate, entitled, “Some Propoſals for the Employment of the Poor, eſpecially in and about the City of London," bear date in the years 1678, and 1681 ; he appears to have been a man of reſpectable character, and frequently to have been em- ployed in diſtributing private charity, in his firſt letter he ſpeaks of his ſucceſs, attending a plan for a kind of work-houſe in the pariſh of Alderſgate, to employ the poor in ſpinning flax, and hemp, at their own houſes; his ex- perience in this buſineſs is great, and ſo is his ſucceſs; he perceives, he ſays, by his experi- ment, " that the only way to provide for the poor, I 3 142 L E T T E R XII. poor, and to bring them to labour, is to pro- vide ſuch work for them as they may do at their own homes, which, though never ſo inean and homely, is more deſired than any other place; and the way which ſeveral per- fons have propoſed of bringing them to a work-houſe, will never effect the end in- tended; for ſuppoſe a woman hath a ſick huf- band, or child, or ſome infirmity upon herſelf, in all ſuch caſes ſhe may do ſomething at home, but cannot leave her own houſe; true indeed, for vagrants, or ſturdy beggars, who have no habitation, and muſt be held to their labour, as galley-ſlaves are tied to their oars, ſuch public work-houſes are very neceſſary; and. I wiſh we had more of them, and that thoſe we have were employed to this purpoſe to which they were at firſt deſigned and in- tended į but for ſuch poor people as have ha- bitations of their own, and who are known in the pariſh where they live, and would take pains at home, it is altogether' unreaſonable and unprofitable (in any judgment) to force them to a public work-houfe. " If any pariſh that abounds with poor people would ſet up a ſchool in the nature of a work, - *143 T xu. L E T T E R XII. work-houſe, to teach poor children to work, who wander up and down the pariſh, and parts adjacent, and between begging and ſtealing get a ſorry living, but never bring any thing unto their parents, nor earn one farthing to- wards their own maintenance, it would in a Mhort time be found very advantageous, not only to the poor children, who by this means whilſt young ſhould be inured to labour and taught to get their own living, but alſo to their pa- rents who ſhouid hereby both be freed from any charge by keeping them, and alſo in time be helped by their labour, as it is in 'other places. “ And further, the pariſh would by this means be freed from much charge that now they are at, either to keep theſe children or to allow their parents ſomething toward it, nothing being thought a greater argument for a large penſion than that a man or woman, hath fix or ſeven children; whereas unleſs they were all born at one time, or come faſter into the world than ordinarily ſo many chil- dren do, it is very hard if ſome of them bę not able to work for themſelves. I myſelf have at this time ſome children working to me not abova K 4 144 L E T T E R XII. * above ſeven or eight years old, who are able to earn 2d. a day, and ſome that are but a little older 2s. a week, and I doubt not to bring any child about that age to do the iike; and ſtill as they grow up and become profi- cients even in this poor trade of ſpinning, they wiu be able to get more and to ſpin better than older people. Neither would I have theſe ſchools confined only to ſpinning, but to take in knitting and making of lace, or plain-werk, Qr any other work which the children ſhall be thought moſt fit for; and this is that, which (as I ain informed) is practiſed in other coun- tries with ſo great advantage, that there are fe:v poor children who have attained the of ſeven or eight years that are any charge to the pariſh or burthen to their poor parents and Mr. Chamberlain (in his book, intitled, The preſent State of England, p. 137.) hath obſerved, that in the city of Norwich, it hath been of late years computed and found, that (yearly) children from fix to ten years of age, have gained twelve thouſand pounds more than what they have ſpent, and that chiefly by knitting fine Jerſey ſtockings.” То age $ L E T T E R XII. 145 - To this plan he ſuppoſes objections to be made; he anſwers them all except the latt queſtion, which is “ What will you do with all :he yarn theſe poor people ſhall ſpin? If you weave it into cloth, the commodity is brought over fo cheap, that you will never be able to fell without much loſs? Anſwer. I muſt confeſs this objection hath too much of truth in it to be wholly re- moved; the beſt anſwer I can make to it at preſent is this, That we had much better loſe ſomething by the labour of the poor, than lofe all by letting them live in Sloth and idleneſs: for ſuppoſe you ſhould give 6d. for that work which is really worth but 5d. hence will 5d. really be got to the nation, though id. ſhould be loſt to the pariſh. Yet beſides let it be .conſidered, that if this perſon had not been employed, there would not leſs have been ſpent, but rather more ; foraſmuch as 6d. that is got by labour, doth many times go further than ļ2d. given for doing nothing; all the time ople are idle they will be ſpending if they have it, and if they have it not, it is like they will be worte employed.” It 1 146 L E T T E R XII. It alſo appears from this letter, that no great good was conceived to ariſe from work- houſes in the metropolis, of which they now had received ſome years experience; the act of parliament authorizing incorporated work- houſes within the bills of mortality having paſſed in 1662. In this letter is alſo the idea of a badge, on thoſe among the poor who being incapable of labour, are maintained by the pariſh; and by the badge it was imagined they would not be likely to receive much from begging; it be- ing apparent by the badge, that their pariſh maintains them. The ſecond letter, which appeared in 1681, ſeems much to our purpoſe, as it contains a plan of a School of Induſtry; but it would be of little ſervice to give his intentions in detail, not only on account of the length of quota- tion, which would be neceſſary; but becauſe it does not appear that his ſcheme was ever carried into execution; and it is apprehended that a more perfect plan actually is now in practice, through many parts of Lincolnſhire ; which, if any with to eſtabliſh ſuch a ſchool of induſtry fortunately prevailed, might be obtained L ETTER XII.11 147 " obtained from ſome of the worthy truſtees ; and ſuch a ſchool might be applied to ſpin- ning flax, as well as wool, knitting of ſtock- ings, winding of ſilk, making of lace, or plain- work, and the like; in this letter alſo Mr. Firmin ſuppoſes objections to his plan, and anſwers them all except the laſt, which is the ſame as has been noticed in his firſt letter, and which he confeſſed himſelf unable perfectly to anſwer; and here he gives the ſame reply as he did to the fame queſtion before ; which has been already mentioned. On the whole, his ſeveral ſchemes are practicable, and they fall from the pen of an honeſt and experienced man; his reaſons in favour of them, anſwering the objections which he ſuppoſes may be made, are in ge- neral concluſive; except in the inſtance which has been recited; and the objection itſelf, as to the difficulty of finding a fale for the goods manufactured, would not probably be ſo ſtrong at preſent, as it was a hundred and twelve years ago; nor would it apply ſo much to a county ſchool of induſtry, as to one in London ; the parents and relations of the poor children, whom their pariſhes now cloath at an expence much 48 L ETTER XIII. 1 above the prime coſt of the wares manufac, tured, would, it is apprehended, give vent to a conſiderable quantity of the goods ; more efpecially if the fale was encouraged by the pariſh officers and fariners recommending the manufacture to their labourers. L E T T E R XIII. 1 SIR JOSIAH CHILD, who has, in his new diſcourſe of trade, given one chapter on the relief and employment of the poor, ſhall be now attended to; it does not appear, by the edition from whence this note is taken, which is the fourth, exactly when the firſt edition was publiſhed ; although, as the Par- liament which fat in 1669 was not diſſolved until 1679, it appears moſt probable, from the beginning of the preface, that it was pub- liſhed about the laſt date ; and therefore does not improperly follow Mr. Firmin's Letters. In the chapter which relates to the poor, Sir Joſiah begins, by intimating to the reader, that L E T T E R XIH. 149 that this is a calm ſubject, and thwarts no common or private intereſt among us; except that of the common enemy of mankind, the devil. It muſt ſtrike every reader, that things are ſtrangely altered ſince this tract was writ- ten; as the ſubject is in theſe days by ng means calm, and thwarts many private in- tereſts, in every pariſh; although, it muſt be confeſſed, that, in ſome reſpect, theſe are ' the intereſts of the devil; as they are oppo- poſite to every intereſt of integrity and com mon honeſty. He argues for a defect in the poor laws, from the failure in execution of thoſe ſtatutes which relate to the poor; and reſts the proof of his argument on this fact, that in every change of parties this nation may have ex- perienced, all parties had theſe laws to ſteef by, and none of them fufficiently maintained the impotent, and employed the indigent. . Could this worthy merchant be a member of parliament? Did he live in the world, and not know, by conſtant experience, that the maintenance of the impotent, or the employ- ment of the indigent, is the very laſt object to which leaders of parties will attend? At leaſt A $ 150 L ET TER XIII. leaſt the experience of the preſent æra would prove the fact; however it might have been , in the reign of Charles the Second. On the day when the Houſe of Commons debated on the motion of Mr. Gilbert, reſpecting his bill, which was to determine whether it ſhould be read a ſecond time, or be rejected, about forty-four members attended; not a member. who ranked high on the treaſury bench, or in the phalanx of oppoſition ; but Mr. Gilbert, and Mr. Young, who oppoſed the bill, had nearly the debate to themſelves; and this bill, which involved in its conſequences the mate- rial intereſts of the nation, was thrown out, by a diviſion of thirty-four to ten :--the very next day, on a motion reſpecting the promo- tion of a few naval officers, the number of members who divided on the queſtion were two hundred and eighty-three, the ſpeakers were Meſſrs. Pitt, Fox, Dundas, Sheridan, and many others ;- others ;—the fact ſpeaks for itſelf. But laying aſide this objection to Sir Jo- ſiah's argument, and ſuppoſing that the par- ties in the ſtate would attend to theſe regula- tions, and have attended to them, and that they are ſtill badly executed; the fame ob- fervation 1 L E T T E R XIII. 151 fervation might be made with reſpect to the laws of the Deity, the general received rules of morality, the Ten Commandments. All claſſes and conditions of men have long por- ſeſſed all that is contained in the Decalogue, to regulate their conduct by; and all nations experience daily the faulty execution, or ra- ther the conſtant breach of theſe ſacred laws; to argue from the faulty execution or breach of a municipal rule, the inefficacy or impro-, priety of that rule, is bad logic; it is not the, the concluſion naturally following from the premiſes. He ſays, the radical error is the leaving it to the care of every pariſh to maintain their own poor only. To correct this error, he propoſes a plan of a ſociety, who are to be incorporated by act of parliament, by the name of Fathers of the Poor; to whom all churchwardens, overſeers, and other officers ſhould be ſubordinate; gives them powers fuperior to the magiſtrates; and conſumes many pages in forming rules for the conduct of this incorporation, which is apparently intended, in the firſt place, for the city of London and its vicinity, although, in the 15e Í T Í Ë R XIÍ. 1 the end, the whole kingdom is ſuppoſed to embrace the plan. Here fürely may be ſeen the outline, from which Mr. Gilbert's late plan was filled up; or at leaſt from hence freſh hints were taken; which, had it paſſed into a law, would pro- bably have introduced throughout the king- dom general confuſion. It would ſcarcely be worth the trouble for he writer to tranſcribe, or the reader to per- uſe, the plan of Sir Joſiah Child in the de- táil; as it is conceived, it never cught to be carried into execution, by the force of law, in this kingdom ; ſome parts of it, which ſhall be juſt glanced at, will be an apology for this opinion. iſt, That the ſaid fathers of the poor “ may have liberty to aſſeſs all pariſhes with “ in their diſtrict, ſo much as they yearly paid " to that purpoſe any three years preceding. 2. That they may receive charitable • contributions, on the Lord's day, and at any “ other times they may think fit. 3. That they may have all the power juſtices haye. 4. That L ET TER XIII. 153 เ 4. That they may have power to ſend *ſuch poor, as they ſhall think fit, into any of his Majeſty's plantations: 5. That they may have petty banks, or « lumbards, for the benefit of the poor ; may “ have half what is paid at play-houſes, and a patent for farthings." In the ſame manner as Mr. Firmin, Sir Joſiah aſks, and anſwers queſtions, with rex ſpect to his propoſed plan; two of the queſ. tions, together with part of the anſwers, are as follow: “ What will be the advantage to the kinga " dom in general, and to the poor in parti- cular, that will accrue by ſuch a ſociety of " men; more than is enjoyed by the laws at “ preſent ?" Part of the anſwer---- Poor children will " be inſtructed in learning and arts, and thereby rendered ſerviceable to their coun- try." “ What ſhall all the poor of theſe cities and “ counties, being very numerous, be employed about?'' Part of the anſwer". The girls may be employed in mending the cloaths of the VOL. I. L aged, 154 L E T T E R XIII, , 0 “ aged, in ſpinning, carding, and other linen “. manufactories; and many in ſewing linen “ for the exchange, or any houſekeepers that “ will put out linen to the matrons, that have “ the government of them. “ The boys in picking oakum, making pins, raſping wood, making hangings, or any other manufacture of any kind, which, whether it turns to preſent profit or not, is “ not much material; the great buſineſs of the “ nation being, firſt, to keep the poor from begging and ſtarving, and enuring ſuch as able to labour and diſcipline, that they may * be hereafter uſeful members to the kingdom.” · This maxim deferves to be written in let- ters of gold, in all work-houſes, houſes of in- duſtry, ſchools of induſtry, and to be engraved in capitals in the overſeers books in every pa- riſh in the kingdom; this is the great and leading principle in the forty-third of Eliza- beth ; it is for this purpoſe the ſtock of wool, flax, hemp, thread, iron, is there directed to be purchaſed; not for the view of: immediate gain only; but for the enuring ſuch as are able, to labour and diſcipline that they be hereafter uſeful members to the kingdom. Two are 1 L ETTER XIII. 155 Two capital objections are obvious to any one who conſiders what has been tranſcribed of this plan. The firſt is, that it propoſes to raiſe a re- yenue for the maintenance and employment of the poor, in addition to that enormous one which we now complain of; and that by a new tax, and by a patent for coining farthings; church colle&tions are alſo propoſed, which were · the very ground-work of the preſent poor's rate. The ſecond objection is founded on the lit- tle regard paid to the liberty of the ſubject; as it propoſes to give the unconſtitutional power to this ſociety, of tranſporting the poor to our colonies, without a crime charged; merely from ſuch conceptions of convenience; that might ariſe in the breaſts of theſe fa- thers of the poor. The tendency of opulence to táint the hom neſteſt principles, and to operate as a draught of the river Lethe, in producing among the rich, a total oblivion of the rights of the poor, , is here well exemplified.--The merchant; rolling in wealth, forgets that baniſhment is a very ferious puniſhment, for a crime of ſome enormity; to ſuch a degree is it dreaded, that fome I a 156 L E T T E R XIII. fome, criminals have preferred death, the le- gal puniſhment of their crimes, rather than accept of pardon, on terms of tranſportation ; he has alſo forgot, that to tranſport a fellow- ſubject, a crime committed, indictment, ver- dict of their countrymen, and the ſentence of the laws, are neceſſary. Theſe are all the publications, which have fallen under our obſervation, before that me- morable æra in our hiſtory--the Revolution. An event, taken together with thoſe laws and regulations ſo favourable to the liberties of the ſubject which accompanied it, as to demand our moſt humble thanks to the Almighty Governor of kings and ſtates; and alſo our grateful remembrance of thoſe who were his immediate agents, in fixing our liberties, on their preſent folid baſis; placed in a happy medium between deſpotiſm and licentiouſneſs ; a medium ſo difficult to be hit on, and ſo con- ducive to public happineſs, when eſtabliſhed; that philanthrophy excites our wiſhes, poſſibly at the expence of our political intereſt, in fa- vour of ſo many millions of our fellow-crea- tures as people the extenſive kingdom of France; that they may at length find a haven of L E T T E R XIII. 157 1 I of ſecurity to their liberties, in a conſtitution ſimilar to what we now enjoy; equally re- moved from the anarchy of democracy, as the flavery of deſpotiſm. In the mean time, it ſhall be the fixed point in view of this tract, to continue the enquiry with reſpect to the poor laws, and the relative ſituation of the poor themſelves in ſociety, from this period to the preſent day; and then offer ſome general principles, as a reſult from the whole of this inveſtigation ; in full confidence, that the re- medy, as well as the miſchief, may be made apparent; and alſo with ſome rays of hope, that the vacant hour of a retired life may be made conducive to a diminution of the train of evil, fo large a maſs of our fellow-ſubjects ſuffer under ; as well as to a prevention of the increaſe, if not to a diminution of the preſent load of expence attending their maintenance and ſupport; which will ſoon preoccupy the ſources of revenue; and, in ſome future day of misfortune, may fall on us when we are leſs able to ſupport it; and in falling cruſh us with its weight; entail in its conſequences a long and tremendous ruin on all ranks of our fel- lows I 3 158 L E T T E R XIV. low-ſubjects, together with a demolition of this much-admired conſtitution; and involve us in a univerſal ſcene of confuſion. L E T T E R XIV. 3 THE law of ſettlements, introduced by parliament in, the reign of Charles the Second, was a, ſerious abridgement of the li- berty of our fellow-ſubjects; but was, at the ſame time, a conſequence reſulting from that humane conſideration, which our forefathers felt, for their preſervation from actual want : it became a prudential caution, from the time that pariſh rates were firſt collected, for the relief of the poor, that the money raiſed in a pariſh, ſhould be applied to the relief of thoſe only who belonged to that pariſh; hence has ariſen a reſtraint on reſtraint on the poor, in many in- ſtances cruel, in all unjuſt; a great additional expence on thoſe on whom the rate is levied, ariſing - L'E T T E R XIV. 159 and reports ariſing from coſts of law, in determining ſet- tlements; an additional trouble to the magi- ſtrates; and to the gentlemen of the pro- fefſion, much buſineſs and many fees; ſettle- ments now occupy no ſmall portion of the attention of the King's-Bench; and of the determinations in that court, reſpecting them, are become voluminous, and form a topic of no ſmall conſequence, in the com- mon-place book of the gentlemen of the long robe. That a great part of the reſtraint on the poor; or, at leaſt, that which bears hardeſt on them, by preventing them living in pariſhes where they may beſt get their bread, unleſs it happens to be their place of ſettlement, or they have a certificate of the conſent of their pariſh to live there; may, with equal convenience and ſafety, be removed; and that much of the expence attending conteſts between pariſhes, with reſpect to ſettlements, may be ſaved, is certain; the heads of the bill brought into the Houſe of Commons, by Sir William Young, immediately after the diſmiſſion of Mr. Gil- bert's plan, warrant this aſſertion; to ſpeculate on the reaſons why fo much of that bill a's re- lates ز L 160 L E T T E R XIV. lates to certificates did not paſs; is not tho, buſineſs of this inveſtigation ; which now pro- ceeds to the firſt fanction the law of ſettle- ments received from the Legiſlature, after the Revolution. Hitherto but little had been done, to con- fine the poor within their own pariſhes. The ſtatute which paſſed in the reign of Charles the Second, empowering two juſtices; on complaint of the overſeers, within forty days after any poor perſon had come to inhabit in their pariſh, in any tenement under the annual value of ten pounds, that they were likely to become chargeable ; to remove them to their laſt legal place of ſettlement, was, at the Re- volution, the only law extant on that ſubject; and being, together with the alteration, by the 17th of James the Second; directing that the forty days ſhould be accounted, from the time of delivery of notice in writing ; about to ex- pire. The 3d of William and Mary, chapter II, again takes up the ſubject; and directs that the notice ſhould be read in the church, immediately after ſervice, on the next Lord's day after it ſhall have been delivered : and then, that it ſhall be regiſtered in the poor's 1 book; L E T T E R XIV. 16 book; and inflicts. a penalty on the church- warden and overſeer neglecting to read and regiſter it; and alſo enacts, that ſerving a pa-, riſh office, paying pariſh duties, and hiring and ſervice for a year, of a perſon not having a wife or child, and ſerving an apprenticeſhip, by in- denture, ſhall alſo gain a ſettlement: in theſe ſeveral caſes, the appeal lies from the two ma- giſtrates adjudging the ſettlement, to the, quar- ter ſeſſions, A regulation, which is intended to act as a reſtraint on the pariſh officers, in the diſtribu- tion of the pariſh money, is alſo enacted in this ſtatute; a regiſter is directed to be kept in every pariſh of the names of ſuch as receive collections; and the pariſhioners are ordered to meet in the veſtry yearly, in Eaſter-week, before whom this regiſter is to be produced ; and perſons receiving collections are to be called over, the reaſons of their taking relief examined, a new lift made and entered, and no other perſons but ſuch as are in the liſt ſhall be allowed to receive collections; except in caſe of peſtilential diſeaſes, and the ſmall pox; ; withoựt authority, under the hand of one 162 L E T T E R XIV. one juſtice of the peace, reſiding within ſuch pariſh, or the parts adjoining, Soon did experience prove the miſchief of the acts, with reſpect to the ſettlements of the poor; ſo early did the hardſhip on them, and the inconvenience to the pariſhes, ariſing from theſe reſtrictions on their natural liberty, to get their bread where they could beſt find em-. ployment, appear ; that it was found neceffa- ry, in the year 1697, to open the door a little wider to them; and to let out of their pariſhes ſuch as the church-wardens, overſeers of the poor, and a neighbouring magiſtrate, ſhould grant a certificate to; under the authority of an act paſſed in this year, for ſupplying fome defects in the poor law ; by which, ſuch per- fons as may come to inhabit in any pariſh; bringing with them a certificate, properly at- teſted, owning them to be inhabitants of the pariſh granting it, and engaging to provide for them whenever they aſk relief of the pariſh in which they reſide; ſhall not be re, moved until actually chargeable. This act alſo directs badges to be worn on the ſhoulder of the right ſleeve, by all thoſe who receive alms from the pariſh; and inflicts a penalty on the pariſh officers relicying a perſon > LETTER XIV. 163 a perſon not wearing ſuch a badge, and a puniſh- ment on the pauper refuſing to wear it: good regulation, formed on wiſe principles, but almoſt univerſally neglected. Perſons, to whom poor children are bound apprentice, purſuant to the 43d of Elizabeth, are alſo, by this act, obliged to receive and to provide for their apprentices, under a penalty of ten pounds, to be applied to the uſe of the poor. The legiſlature of this reign gives us no other regulations, with reſpect to the poor ; and the general neglect of thoſe which have hitherto been enacted, either as checks on the diſhoneſty, ſelfiſhneſs, and indolence of the pa- riſh officers; or on the impofitions, debauch- ery, and lazineſs of the poor themſelves, ought to be a matter of ſerious aſtoniſhment to thoſe who reflect on the general complaint of the expence attending their maintenance and re- lief. What levity! what abſurdity! in our lazy complaints of the weight of the poor's rate ; let us but clap our ſhoulders to the wheel; the burthen is enormous, but might be ſhaken off, or greatly lightened, by thoſe who adminiſter the laws; were thoſe laws, in fact, adminiſtered, Why do we throw the blame 1 164 L E T T E R XIV. 1 $ blame from where it ought to fall, and charge the laws themſelves with the conſequences flowing from a breach of them? They form, in general, a code replete with humanity in their principle, wiſe in their regulations, which uniformly tend to diſcourage idleneſs, and unneceſſary expence, throughout the whole ſcope of their legiſlation ; and are now charged with all thoſe deſtructive evils they were in- tended, and are calculated, to prevent: the burthen of the poor's rate is heavy, and daily increaſing, by a rapid accumulation; and the caufe does not lie in a defect of the laws for the maintenance of the poor, but in a defect of the execution of thoſe laws: we are affected with a ſimilar impreſſion as thoſe weak minds, which, while the body is haſtening to the grave, in a deep decline, have not energy enough to redeem returning health, by a courſe of exerciſe and virtuous temperance; but la- zily ſuffer the vital principle to be extinguiſh- ed, by continuing in a habit of indolence and debauchery: in ſhort, we are infected by the very vices, which we fo loudly cry out againſt, in thoſe who are ſupported at our expence. The ! LET T E R XIV. 165 1 The ſame wretched principle, appears to have pervaded the execution of the poor laws, towards the end of the laſt century; and ſimi- lar complaints of the increaſing burthen of expence prevail; as may be ſeen in a pam- phlet, named, Bread for the Poor, printed at Exeter in 1698, by Samuel Darker, figned by the initials of the author's name, R. D.; he ſays, in a kind of introduction, that " whoever takes the ſmall trouble of in- ſpecting the poor accounts, of a few pariſhes, may foon obſerve, that the charge of main- taining them, in ſome places is, within fixty- years paſt, advanced from forty ſhillings to forty pounds yearly; in others, twice that ſum; and moſtwheres double --within twenty years paſt, and like to double again in a ſhort time; and notwithſtanding ſuch advance in maintaining the poor, yet the wages they re- ceive is greater than formerly, work more plentiful, and proviſions cheaper.” Where there is an effect, the author properly ſays, there muſt be a cauſe; and that the cauſes are, Profuſeneſs of diet; inſtanced by the bread they eat, being of the fineſt flour ; their drink, ale ز very 166 L E-T T E R XIV. ale and ſpirits ; ſpending their money in ale- houſes, to the amount of an incredible fum, as appears from the payments to the exciſe, very little of which is ſpent by travellers, or houſekeepers; and that they pay a price for what they drink, in theſe places, vaſtly ſupe- rior to its real value. ' As a remedy to this cauſe; relief in houſe- rent, meat, drink, cloaths, and not money, is propoſed. The ſecond cauſe is idleneſs; this ariſes from receiving pay from the pariſh; people of this deſcription, foon conceiving that the pariſh is obliged to maintain them; therefore their work is ſo much gained from them by the pariſh. The remedy is; due care to employ the poor conſtantly, and oblige them to do ſuch work as they can perform. Giving exceſſive pay is another cauſe; by which is meant pariſh allowance; under this head the common outgoings of a day-labourer is computed; but the computation proceeds on an idea of expences, ſo much beneath what is neceſſary.at préſent, and ſeems to be calcu- lated L E T.TER XIV. 167 lated for the county of Devon only, that it would be futile to inſert it, The remedy propoſed is; frugal allowance in quantity, kind, and value. The fourth cauſe is ; living in ſeparate houſes; whereas, did three or four families live together, fire, candle, and attendance, might be ſaved. The author then explains the method of providing diet for the poor; gives many rea- ſons why ſuch a management ſhould take place; and anſwers objections which he ſup- poſes may be made to relieving them in the neceſſaries of life rather than in money, which enables them to purchaſe. the ſuperfluities:- he alſo recommends badges, which, as we have ſeen, were about this time enforced by parliament. It appears from this pamphlet, that the poor's rates for the county of Devon amount- ed, in the year 1698, to 38,9911. 135. 5d. a year; which is aſſerted to be 30,000l. a year more than they were fifty or ſixty years before; and that the whole amount of the poor's rates in the kingdom was then above. twenty-one times as much, or more than 819,000l. 168 L ÉTTER XIV. 819,000l. a year ; that as one age had giv a fourfold advance in Devonſhire, it is worth conſideration whether or not the public be in danger: for if the rates of the whole king- dom increaſe proportionably, they will amount in another age to 3,276,0001.--Such is the rea- ſoning in this pamphlet ; let us now examine the fact. £. About the middle of the 17th century, the aſſeſſment for the poor in the county of Devon was annually about 8,291 In the year. 1698, about 38,991 In the year 1785, by the return of the overſeers, 85,492 1 a Therefore the gradual riſe in this county was, in the firſt fifty years, about 30,000l.; in the next eighty-ſeven years 46.501l. 1 Taking the ſame dates for the poor's rates of the whole kingdom, the account will ſtand: £ About the year 1650, at 188,811 In the year 1698, about 819,000 In • ! İ ET TÉ Ř xiv. 169 £ In the year 1785, by the overſeers returns, 2,184,904 Ăn the firſt fifty years the riſe is 730, 1891.; -in the next eighty-ſeven years 1,265,904. The fact does not turn out quite ſo deſtruc- tive to the intereſts of the public as the writer of this pamphlet prognoſticated; but it pre- ſents a tremendous advancing increaſe, as well in an individual county as throughout the kingdom. . Let us now examine the prices of wheat at; theſe three ſeparate periods ;--the table of the price of wheat at Windſor market, in vol. 14. p. 227. of the Annals of Agriculture; will enable us to do it accurately. fi s. di Average prices of wheat from 1630 to 1654, by the quarter, Ditto, from 1687 to 17114 4 Ditto, from 1765 to 1789, 1 9.10 N. N 2 2 6 II The expence attending the maintenance of the poor does not, therefore, ariſe from the in-" Vol. I. M creaſed 170 L ETT É Ř XIV. creaſed price of wheat; becauſe, by this table, wheat is cheaper on the average of the laſt twenty-five years, ending in 1789, than in that of the firſt, ending in 1654, and but a little dearer than that ending in 1711. The aſtoniſhing increaſe towards the cloſe of the laſt century, can be accounted for much more reaſonably than that which has ariſen in this. When the firſt eſtimate was taken, to- wards the middle of the century, the civil war, and its conſequential depredations, found employment and ſuſtenance for a very confi- derable body of the poor; the foldier is not maintained by the poor's rate; and the Wages of thoſe who remained to till the lands, or were employed in our then mouldering manu- factures, were probably raiſed on account of the want of hands; no ſuch cauſe exiſted in 1698 or in 1785; and the price of wheat in 1698, referring to the ſame table, was 31. 9d. a quarter, and in 1785 1l. 16s. uid. a quar- ter ; it appears, therefore, that the price of wheat has no effect on the expence attending the maintenance of the poor, and wheaten bread is, and long has been, the principal part of L ET TER XIV. 174 of their food; this, although it appears a pa- radox, is a truth. When wheat was 31. od. a quarter, the expences of the poor amounted to but little more than one-third as much as in 1785, when the price of wheat was only il. 16s. Iid. a quarter. As, by this ſtatement, it appears, that the price of bread has no effect on the poor's rate; and it is believed, that, all things con- ſidered, the expence of neceſſary cloathing is not more increaſed, than the laſt article; an aſſertion, the proof of which ſhall not now be entered on; and the article of firing remains alſo nearly at the ſame price it was a hundred years ago ; theft ſupplying theft ſupplying (in woodland countries particularly) an ample ſuccedaneum for price; it follows, that we ſhould find out the probable cauſe of this alarming fact ; alas! a ſuperficial obſerver may read it as he runs, that indolence and luxury are the too obvious cauſes; indolence forces numbers on our rates, which induſtry would maintain; luxury uſes pro- fuſely, what æconomic temperance would ſave; the one adds a million paupers to be maintained by us, the other expends, in the maintenance of M 2 172 LETTER XIV. of that million, what ought to maintain dou- ble the number; the one brings the multi- tude, the other imaginary wants. Juvenal exclaims, when contemplating the decadency of the Roman empire, ſtrongly ty- pified by Britain, in its profuſe extravagance. Sævior armis Luxuria incubuit, victumque ulciſcitur orbem. The fact comes home to us, in every claſs and deſcription of people; as well poor as rich, the governors and the governed; the conſe- quence is alſo approaching; and our duty will be to ſubmit, with reſignation, to that cata - ſtrophe which we cannot ſufficiently rouſe our energy to oppoſe. LETTER ( 173 ) . 1 L E T T E R XV. NEXT, in order of time to this publica- tion, follows an Eflay towards regula- ting the Trade, and employing the Poor of this Kingdom; written about the year 1700, by John Cary, Eſq. an abſtract from which may be ſeen in Dr. Burn's Hiſtory of the Poor Laws; a publication which, had it been in my poſſeſſion when this enquiry was firſt inſtituted, would have diverted me from the inveſtigation; as I ſhould have ſcarcely choſen to have gone over that ground, which ſo able a writer had beaten before me. Mr. Caryattributes the burthen of the poor's rates to idleneſs; and enquires, 1. What hath been the cauſe of this idle- neſs; and how hath it crept in upon us. 2. What muſt be done to reſtrain its going farther. M 3 3. What 174 LETTER XV. 3. What methods are proper to be uſed to make proviſion for thoſe who are paſt their labour. The cauſe of idleneſs, he ſays, is the abuſe of the poor laws we have, and want of better; the encouragement of ale-houſes, on account of the revenue; but, above all, our laws to ſet the poor at work are ſhort and defective, tending rather to maintain them as poor, , than to raiſe them to a better way of liv- ing; ' rendering the poor more bold, by their knowing that the pariſh officers muſt either find them work, or give them maintenance. Nothing but good laws can reſtrain idle- neſs; ſuch as may provide work for thoſe that are willing, and force thoſe to work who are able; for this purpoſe, work-houſes are re- commended, where the poor may be em- ployed in manufactures. The poor ſhould alſo be employed in navi, gation, huſbandry, and handicrafts. The juſtices of peace ſhould have power to aſſign youth to artificers, huſbandry, manufac- tures, and to bind them apprentice. As to thoſe of elder years, who will rather þeg than work, let them be forced to ſerve the L E T T E R XV. 175 the king in his fleet, or the merchants on board their ſhips. Young people ſhould be prohibited from hawking and ſinging ballads about the ſtreets ; ſtage plays, lotteries, and gaming houſes, ſhould be ſtrictly looked after. Alms-houſes are recommended, for thoſe who are not able to work, or whoſe work is not ſufficient for their maintenance. Poor's rates ſhould be aſſeſſed with greater equality in cities and manufacturing towns, where the poor are ſerviceable to the rich manufacturers, by carrying on their trade; yet, when age, fickneſs, or a numerous family, make them defire relief, their chief dependence muſt be on thoſe, who are but a ſtep above their own condition. Mr. Cary ſpeaks, with praiſe, of an act of parliament which paſſed in the 7th and 8th year of William and Mary, for eſtabliſhing a. work-houſe at Briſtol, which, he ſays, was pretty much on the plan propoſed by Sir Jo- fiah Child, for the cities of London and Weſt- minſtet, but as this act is calculated for cities and great towns only, and cannot be a model [for M 4 176 L E T T E R 'XV. for counties, he ſubjoins the following propa- fal, to carry this deſign on throughout the kingdom: That power be given, by act of parliament, for pariſhes to incorporate for building hoſpi- tals, work-houſes, and houſes of correction, for femploying the poor, under the manage- ment of guardians of the poor; the incorpo- ration to be by hundreds. The guardians to be the juſtices of the peace within the diſtrict, together with a number of the inhabitants, choſen out of each pariſh, in proportion to the aſſeſſment the pa- fiſhes reſpectively pay. The election of guardians to be every year, or two years. The guardians to have power to chuſe a governor, deputy governor, treaſurer, and aſſiſt- ants, yearly ; and be impowered to hold courts, make bye-laws, have a common ſeal to order aſſeſſments to be levied ; to ſummon the inhabitants of the pariſhes within the hundred; to compel thoſe who ſeek relief to dwell in their hoſpitals and work-houſes; to take in young people, and bring them up to ; tin talo work L F T T E R XV. 177 work; to teach them to read and write, and then to bind them out apprentices; to pro- vide for the aged and impotent; to aſſiſt thoſe whoſe labours will not maintain their families; to apprehend rogues, vagabonds, and beggars, and ſet them to work; to inflict reaſonable correction. This plan, by Mr. Cary; may probably have given the hint to thoſe gentlemen who applied to parliament, in the twenty-ninth year of his late majeſty's reign, for the act for the better relief and employment of the poor in the hun- dreds of Colneis and Carlford, in the county of Suffolk; whether incorporations of diſtricts for theſe purpoſes have produced a great pro- portion of good than evil; whether they have tended to introduce among the lower claſſes of this country more induſtry, better health, bet- ter morals, more comfort, and whither on the whole the ſum of their happineſs is encreaſed; cannot be determined by any other means than an examination of their effects after thoſe years of experience which have paſſed ſince their firſt inſtitution in the counties of Norfolk and Suffolk where they were firſt introduced; that they have generally tended to depreſs the poor's 178 L E T T E R XV. poor's rate may be granted; but gold may be bought too dear. It has been ſaid in a publication *, the author of which founded,' or might have founded, his obſervations on an actual exami- nation of the facts after many years expe- rience; that they have injured the principle of induſtry, deſtroyed the health and the har- dinefs of the adult living in, and the youth brought up in them; have introduced bad morals, ſhocking habits of indecency; have occaſioned a decreaſe of population; and would, if they became general, ſo deſtroy the moral ſentiments and happineſs of the country, as to affect the political liberties and patriotic ſpirit of the nation, by bringing up the riſing gene- ration with ſentiments and habits fo diſpirited and debilitated, as to render them only fit flaves of deſpotiſm; for, the author ſays, and with much ſeeming juſtice of cbſervation : Of what moment can it poſſibly be to a wretch who has not the liberty of walking out be- yond a certain boundary, that the kingdom be- * The true Alarm, or an Effay ſhewing the pernicious In- fuence of Houſes of Induſtry. 1787. comcs L E T T E R XV. 179. comes a prey to foreign invaders, or is tofn to pieces by an inteſtine commotion, unleſs you may ſuppoſe that he is more likely to rejoice at a ſcene of perfect confuſion, as he might then entertain a hope that in a general wreck, where he had nothing to loſe, he might ſeize upon ſomething worth having. But let us hope and believe that the con- ſequences actually felt from theſe houſes of induſtry are not ſo deplorable ; let us recollect that when a man undertakes in the title-page of a pamphlet to prove a point, as this writer- does ; it is plain he has a point to prove, and in which, if he fails in inſtances or arguments, he may expect to meet with ſome degree of public deriſion; the fear of this, twiſts his facts, turns his arguments, and points his pe- riods, and no longer is he ſo friendly to truth as to ſyſtem. ز LETTER [180] L E T T E R XVI. A I . N expectation of finding, among the va- rious ſubjects which fell under the pen of the celebrated Mr. Locke, ſome ideas which might ſerve as firſt principles on this intereſt- ing ſubject; I turned over his works, and particularly attended to thoſe tracts which he wrote, on lowering the intereſt of money, and raiſing its value; a ſpeculation which occu- pied the attention of the nation towards the cloſe of the laſt century; but the actual-fitua- tion of the poof not coming under his conſi- deration, nothing very applicable to the ſub- ject is to be found; although a confuſed re- collection ſtrikes me, that ſome modern pam- phlet on the poor laws, or their regulation, had ſtated Mr. Locke's ideas on the ſubject ás erroneous; whether fo or not, it became me, while in purſuit of this enquiry, to know what i LÉTT ER XVI. 181 what thoſe ideas were, which, had they been found among his works, whether wrong or right, demanded, on account of his great name, that they ſhould be noticed; for ſuch a mind as his, on every topic which may have been the object of its diſquiſition, is a polar ſtar to the ignorant wanderer : although 110- thing directly applicable to the police of the poor is found; yet a compariſon which he makes between a kingdom and a farmer, is fo much in point with their preſent profligate ſituation, the careleſs conduct of their over- ſeers, and that fpirit which has unhappily got head among our rulers, of encouraging the commercial world, at the expence of agricul- ture, and every principle of internal ceconomy; while, at the ſame time, it ſo ſtrongly authen- ticates the alarming prognoſtics of our deca- dency, alluded to a few pages back; that the whole paſſage, falling from the height of that great name; muſt make an impreſſion, and oc- wcaſion it to be worth tranſcribing. “ A kingdom grows rich juſt as a farmer, and no otherwiſe. Let us ſuppoſe the whole iſland of Portland one farm ; and that the owner, beſides what ſerves his family, carries to mar- ket, 182 L E T T E R XVI: - 1 ket, to Weymouth and Dorcheſter, &c.cattle, corn, butter, cheeſe, wool, or cloth, lead, and tin, all commodities produced within his farm of Portland, to the value of roool. yearly; and for this, brings home in falt, wine, oil, - fpice, linen, and ſilks, to the value of gool. and the remaining rool. in money. It is evi- dent he grows every year 100l. richer, and ſo at the end of ten years will have clearly got IQool.-If the owner be a better huſband, and, contenting himſelf with his native com- modities, buy leſs wine, fpice, and ſilk at mar- -ket; and ſo bring home 500l. in money year- ly, inſtead of 1000l. at the end of ten years, he will have 5oool. by him, and be ſo much richer ; he dies, and his ſon ſucceeds, a fa- ſhionable young gentleman, that cannot dine without champaigne and burgundy, nor ſleep but in a damaſk bed, whoſe wife muſt ſpread a long train of brocade, and his children be al- ways in the neweſt French cut and ſtuff; he being come to the eſtate, keeps on a very buſy family, the markets are weekly frequented, and the commodities of his farm carried out, and fold as formerly; but the returns are made fomewhat different; the faſhionable way of eating, I E T TË Rime xyi... 1 183 eating, drinking, furniture, and clothing for himſelf and family, requires more ſugar and ſpice, wine and fruit, filk and ribbons, than in his father's time; ſo that inſtead of gool. per annum, he now - brings home, of conſu- mable commodity, 1100l. yearly. What comes of this ?--He lives in ſplendour it is true, but this unavoidably carries away the money his father got, and he is every year rool, poorer. To his: expences; beyond his income, add debauchery, idleneſs, and quar- rels°among his ſervants; whereby his buſineſs is diſturbed, his farm neglected, and a general diſorder and confuſion prevail through his whole family: this will tumble him down the hill the faſter, and the ſtock, which the in- duſtry, frugality, and good order of his father laid up, will be quickly brought to an end, and he faſt in priſon ; a farm and a kingdom, in this reſpect, differ no more than as greater and leſs. We may trade, and be buſy, and grów poor by it, unleſs we regulate our ex- pences; if to this we are idle, negligent, dif- hóneft, malicious, and diſturb the ſober and induſtrious in their buſineſs, let it be upon what G I 184 LET TER XVI. what pretence it will, we ſhall ruin the fast- er." poor in This compariſon of Mr. Locke's runs on all fours, as well with the actual ſtate of the property, applied to the ufe of the this kingdom, as with the ſituation of the finances belonging to the ſtate itſelf. The reign of Elizabeth made the maintenance of the poor compulſive, with reſpect to the laity, which was in remoter times voluntary; what might in thoſe days of frugality be taken from the pockets. of her ſubjects by poor rates, we know not; but we know, that about the mid- dle of the laſt century; the cattle, corn, but- ter, cheefe, wool, yarn, conſumed by this large family coſt about 118,000l. more than the produce of their induſtry amounted to; fifty years afterwards their expences out-ran their income annually 819,000l. ; in 1785, the ſurplus of their expences, above their income, or the produce of their induſtry; gradually had encreaſed to the enormous ſum of 2,184,9041. annually; here you fee plainly the effects of the change of manners and living, ſo forcibly inſtanced in Mr. Locke's compariſon; ſugar, 1 I ET TER XVI: 185 in the eating, drinking, furniture, cloathings ſugar, ſpice, wine, and fruit, otherwiſe tea and gin ; to which may be added, the debauchery, idleneſs, and quarrels of the individuals, which compoſe the bulk of this numerous family; to examine the compariſon, with reſpect to the kingdom at large, is not the buſineſs of this tract. The reign of Queen Anne is not ſo memo- rable for any laws laws regulating the internal po- lice of the kingdom ; as for the many blows which the ambitious ſpirit of Louis the Four- teenth received from the arms of the allies nothing of material conſequence was done with reſpect to the poor. By the 33d chapter of the fifth parliament, the vagrant act of the laſt.reign was continued, with ſome farther directions; as was, by the following chapter, an act made in the 13th and 14th year of Charles II. for the better relief of the poors and continued by the legiſlature at different times fince, and which was ultimately made perpetual by chapter the 18th of the 12th year of this reign; and by chapter 23d, all the laws relating to rogues, vagabonds, ſturdy VOL. I. N beggars, 3 186 LÉTTER XVI. beggars, and vagrants, were alſo reduced into one act of parliament. Neither does the ſubject feem, throughout this reign of war and conqueft, to have occu- pied the attention of individuals; no publi- cation of any account having lived to the pre- fent day, except a letter to the parliament by the author of Robinſon Cruſoe, one of thoſe very few books which the late Dr. Johnſon faid he had been able to read without skipping. Daniel Defoe, in 1704, choſe to publith a de- clamatory epiſtle, addreſſed to the parliament, with the following title, Giving Alms no Cha- rity, and employing the Poor a Grievance to the Națion. In this publication he informs his readers, that Queen Elizabeth, in her progreſs through the kingdom, obſerving the vaſt throngs of poor flocking to ſee and bleſs her, being. Itruck with the multitude, frequently exclaimed, pau- per 'ubique jacet; and this truth, ſo terſely expreſſed by her, occafioned a continual Itudy in her mind how to recover her people from poverty, and make their labour more profit- able to themſelves in particular, and the na- tion in general. Не L E T T E R XVİ. ; P 1 1 1 1 187 He ſays down the following as fundamental maxims : 1. There is in England more labour than hands to perform it; and conſequently.a want of people, not of employment. 2. No man in England, of ſound limbs and ſerſes, can be poor merely from want of work. 3. All our work-houſes, corporations, and charities, for employing the poor, and ſetting them' to work, as 'now' they are employed, or any acts of parliament to empower overſeers of pariſhes, or pariſhes themſelves, to employ the poor, except, as ſhall be hereafter except. ed, are and will be public nuiſances, miſchiefs to the nation, which ſerve to the ruin of fa- milies, and the increaſe of the poor. That it is a' regulation of the poor that is wanted in England, not a ſetting them 4; to work. Theſe maxims he profeffes to demonſtrate, but does not entirely fucceed in the attempt, although he makes ſome very ſenſible obſer- vations in the courſe of his argument on each of the heads. N 2 Dearneſs 188 L E T T E R XVI. A Dearneſs of labour he advances as a proof of the firſt maxim; and gives due praiſe to Elizabeth for what ſhe did for the poor, par- ticularly by encouraging the French manu- factories, when the perſecution under the Duke d'Alva drove them from the Nether- lands; and alſo by that excellent act of par- liament; in the 43d year of her reign, ſo often alluded to. The ſtreſs of his argument lies againſt em- ploying the poor in work-houſes, corporations, houſes of correction, and the like; becauſe the method propoſed to employ them is by fpinning, weaving, and manufacturing our Englith wool; manufactures of which are all exerciſed in England to their full extent, and rather beyond their vent than under it; he therefore is of opinion, that for every ſkein of worſted ſpun in one place, there muſt be one leſs ſpun elſewhere: he ſuppoſes a ma- Dufactory of baize to be erected in Biſhopf- gate-ſtreet; unleſs a greater conſumption can be found for nore baize than were made bea fore, for every piece made in London, there fruit be one leſs made at Colcheſter, and there. L E T T E R XVI. 189 therefore this is not increaſe, but only tranf- poſition of manufacture. The only thing to be done is, to introduce ſome foreign manufactory; ſomething which was not made here before. He conſiders the poverty and exigence of the poor in England to be plainly derived from caſualty or crime; by caſualty he means fick- neſs, loſs of limbs, or fight, and any natural or accidental impotence. The crimes of the poor, and from whence their poverty is derived, as from viſible and direct fountains, are luxury, pride, floth; the pride of good huſbandry is no Engliſh virtue'; it may have been imported, and in fome places it thrives well enough. The Engliſh labouring people eat and drink; but éſpecially drink three times as much in value as any foreigners. · He accuſes us of being the moſt lazy, dili- gent nation' in the world ; among our poor there is a general táint of llothfulneſs, which diſtemiper he conceives to be ſo epidemic and deep rooted, that it is a queſtion whether an act of parliainent will reach it; the number of thë poor is occaſioned by the men who will not work, N 3 190 L E T T E R XVI. ting the work, not by thoſe wbo can get no work; all the work-houſes and overſeers in England will not reach this caſe; but if ſuch acts of parlia- ment can be made, as will effectually cure the floth and luxury of the poor; will make drunk- ards take care of their wives and families ; ſpendthrifts lay up for a wet day; lazy fellows diligent; and thoughtleſs futtiſh men careful and provident; if this can be done, they will foon find work enough, and there will be leſs poverty among us;, if it cannot be done, fet- poor to work on woollen manufactures, and thereby encroaching on thoſe who now work at them, will ruin our trade, and increaſe the number of poor. A bill brought into parliament by Sir Hum- phry Mackworth, for employing the poor, which had paſſed the commons with great approbation, gave riſe to this tract; by this bill it was intended, as Mr. Chalmers, in his Life of Defoe, tells us, to ſupport work-houſes in every pariſh, with parochial capitals, for carrying on parochial manufactures, but it was thrown out by the peers; to which it is proba- ble this ſenſible pamphlet very much. con- duced ; in which he pretends, that he could propoſe L E T T E R XVI. 191 propoſe à regulation of the poor, which would put a flop. to poverty, beggary, pariſh charges, aleſments, and the like; and promoſes to do ſo, when he has gone through the proof of his maxims; but waives the performance, for this very inadequate reaſon, becauſe he will not preſume to lead a body ſo auguft, ſo wiſe, and fo capable, as the honourable aſſembly to whom the tract is dedicated. There are in this tract many excellent ob- ſervations, expreſſed with great dignity. That part which tends to prove that giving alms is no charity, lays down ſome ſenſible maxims, on which he reſts the ſtrength of his argument, which tends to prove that parochial work- houſes ſhould not be encouraged for the pur- poſe of parochial manufactures. After having proved that there is more work in the king- dom than hands to perform it, he aſſerts that begging is a mere ſcandal; in the able, it is a ſcandal on their induſtry; in the impotent, upon their country; the poverty of England does not lie among craving beggars, but among poor families, where the children are nume- rous, and where death or ſickneſs has deprived them of the labour of their father; an alms ill directed, N 4 192 L E T T E R XVI. directed, may be charity to a particular perſon, but becomes an injury to the public. That Mr. De Foe is right in theſe prin- ciples, there ſurely can be no doubt; and the truth, that we have more work in the kingdom than hands to perforon it, comes home to, and eſtabliſhes another principle; that the poor ſhould be trained to do all the work that the na- ţion can find them; early habits of induſtry, are moſt likely to effect this end; ſchools of induſtry muſt therefore be the means. It ſurely is no deſpotic, or ſlaviſh maxim, that the children of individuals are in ſome reſpect the children of the ſtate; republics, renowned for the freedom of their government, acted on this principle ; à fortiori, the chil- dren of thoſe who receive their maintenance, or any part of it, from the property of their own citizens, by virtue of the ordinances of the ſtate, are the children of the ſtate, which conſequently has a right to ſuperintend their education. " Apply this principle to every individual wha does not maintain his family, but has relief from the overſeer, his children belong to the ftate; it is the duty of the ſtate to take care that L ETTER XVII. 193 that they turn out induſtrious fubjects; and I am ſure intereſt here well coaleſces with duty; ſchools of induſtry are the means. The firſt ſection of 43d Elizabeth provides for their ſupport; the end will be an induſtrious moral poor; a bleſſed contraſt to the lazineſs and dif- foluteneſs, ſo much, and ſo univerſally com- plained of. L E T T E R XVII. IN the fifth year of George the Firſt, the parliament empowered the church wardens and overſeers, by warrant from two juſtices, to ſeize fo much of the goods and chattels, and receive ſo much of the annual-rents and profits of the lands and tenements of ſuch huſband, father, or mother, as ſhall run away leaving their wives and children a burthen upon the pariſh, as the ſaid two juſtices ſhall direct, towards the diſburſing the pariſh where ſuch wife and child ſhall be left, and alſo for their future maintenance; this warrant to be confirmed 194 L E T T E R XVII. confirmed at the quarter ſeſſions; where a warrant alſo for the ſale of the goods, &c, muſt be obtained before they can be diſpoſed of, and to which fefſions the officers are to be accountable for the money raiſed. Two years after this it was the opinion of parliament, as declared in the preamble to an act for encouraging the woollen and filk ma- nufactures, and more effectually employing the poor, « Thit it is moſt evident, the wearing of printed, painted, ſtained, and dyed calli- coes, in apparel, houſehold-ſtuff, furniture, and otherwiſe, does manifeſtly tend to the de- triment of the woollen and filk manufactures of this kingdom, and to the exceſſive increaſe of the poor ; and if not effectually prevented, may be the utteſ ruin and deſtruction of the faid manufactures, and of many thouſands of his Majeſty's ſubjects, and their families, whoſe livelihoods do entirely depend there- upon ;” it is therefore enacted, in the year 1720, that none ſhall wear any garment of printed callico, or any ſtuff made of cotton, or mixed therewith, which ſhall be painted, un- der the penalty of 5l.; or uſe it in any houſe- hold ſtuff or furniture, under the penalty of 201, 1 L E T T E R XVII. 195 201.; and that no tradeſman ſhall make up ſuch furniture, under the ſame penalty.. This act is not taken notice of, on account of any effect it has at preſent in the manage- ment of the poor ; but as introductory of an obſervation, neceſſary to be attended to, by thoſe who would with our ſtatute book to be a collection of efficient and practical regulations of police; and not as it in fact is, an immenſe collection of contradictory, heterogeneous of- dinances, militating in many inſtances with each other, in many with the principles of ſound policy, and in ſome with the actual ha- bit and practice of all his majeſty's ſubjects, of which this ſtatute is a remarkable, but no un- common inſtance. No longer ago than the year 1720, this pro- hibition of callicoes and ſtuff, made of cotton, or mixed therewith, paſſed into a law; and in 1790, and many years before, every woman in the kingdom is cloathed in theſe very fabrics moſt of our houſehold furniture is made of them, this prohibition ſtill remaining the law of the land. The woollen manufactures of this kingdom fertainly deſerye greater encouragement than either ; 1 196 L E T T E R XVII. " either line for cotton ; becauſe wool, the ſta- ple commodity of England, is the produce of our own agriculture; hemp, flax, and cotton, are at preſent generally the product of foreign agricultures and alſo becaufe the fabric of the woollen manufacture is ſtrong and warm, fuited therefore to the uſe of the bulk of the people: that of cotton and linen, weak and thin, improper for labour and a northern cli- mate; woollen cloathing does not require fo much waſhing, as our printed linens and white ſtockings; an article of great expence in poor families; but the "revenue is thought to be a fufficient reaſon for theſe paradoxical abſurdi- tiës;'and, that the public treaſury may abound, drunkenneſs, gaming, luxury, and oftentatious cloathing are encouraged, in open defiance of the laws of the land. Thoſe magiſtrates would be very coolly thanked for a confcien- tious diſcharge of their duty who, to promote fobriety, ſhould lefſen the number of ale- houſes; to diſcourage gaming, ſhould autho- rize the pariſh officers to refuſe relief to thoſe who fingly, or in clubs, buy lottery chances ; or to promote the manufacture of wool, ſhould encourage L E T T E R XVII. 197 3 1 encourage informations upon the act of parlia- ment juſt alluded to'; the prevailing maxim of all financiers is rem facias, the means are but a ſecondary object of their attention. In the ninth year of this reign, the poor laws again were an object of parliamentary attention; and an act for amending the laws relating to their ſettlements, employments, and relief pafied; which enacted, that no poor fhould be relieved, until an oath be made be- fore one juffice of a reaſonable cauſe, and that "the perſon hath applied to a veſtry, or to twó of the overſeers, and been refuſed relief;. ſummons is alſo directed to the overſeers to ſhew cauſe, why ſuch relief ſhould not be granted, before it is ordered ; and when orý dered, the perſon's name is to be entered in a book to be kept for that purpoſe, as one who is to receive relief as long as the cauſe conti nues, and no longer; and no officer of any pariſh ſhall bring to account (except on ſud- den and emergent occafions), any money he Hall- have given to any poor perſon, who is not regiſtered in ſuch book, under the penalty of five pounds. It ? t. 3 198 L ET TER XVII. It has been ſuggeſted that one cauſe of the bad execution of the poor laws, is the conſtant fuperintending authority that the legiſlature has delegated to juſtices of the peace; men eminent for their wiſdom and reſpectable for their opinions have attributed much of the miſchief experienced from this code of laws to the conduct of thoſe who are the ſupervi- fors of their execution ; nor is the complaint new; the great Sir Francis Bacon, it niay be remembered, in the very infancy of the code threw out an idea to this effect, when he made the diſtinction between what was done by the diſtracted government of juſtices of the peace, and what might be done by a ſettled ordinance; yet whatever of ill may have accrued in ge- neral from the ſuperintending authority of magiftrates, it has rather ariſen from the not powers, than from either the abuſe, or miſuſe of them ; in this particular inſtance which reſpects the pecuniary aſſiſtance the poor are entitled to receive from the over- feers; the interference of a magiſtrate appears peculiarly proper, when called to action by the complaint of the poor themſelves ; becauſe the neareſt magiſtrate has it in his power to in- form uſing their ! L E T T E R XVII. 199 form himſelf of the real circumſtances of the caſė, and from his ſituation in life is a proper check to any partiality, or improper, although natural bias, the overſeer who lives more im- mediately in the midſt of the poor, and being frequently connected with them by the differ- ent degrees of relationſhip, and generally as their immediate employer,' may be influenced by; which motives operate to a greater degree in the diſtribution of aſſiſtance to the poor, than at firſt fight might be imagined, and which gave riſe to objections of the moſt fe- rious nature to Mr. Gilbert's Bill, and would have cauſed an oppoſition of the moſt obſtinate kind, from the yeomanry of this kingdom, had that bill paſſed into a law; which ſtruck at the root of this power, to give away the money taken in a great meaſure immediately from the pockets of this large and valuable claſs of our countrymen. Beſides, it will be found on enquiry, that the money diſtributed in the weekly liſt forms 118 very material proportion of the expences of a päriſh; and in the diſtribntion of money there is no room for lucrative jobs, no knaviſh contracts for furniſhing the various articles of conſumption; 200 L E T T E R XVII. conſumption; and the overſeer keeping a. fair account can have no profit; and poſſibly as money is the common repreſentative of all neceſſaries of life, ſo it is the greateſt, moſt convenient, and beſt appropriated relief to the individual. It ſomewhat, in its univerſality of uſe, reſembles Boniface's ale"A poor man and his family may eat it, drink it; and ſleep upon it." ز Churchwardens and overſeers, with the con- fent of the major part of the pariſhioners in veſtry aſſembled, are alſo, by this act, empow- ered.to.purchaſe, or hire, houſes to lodge and employ the poor in ; and there to keep, main- tain, and employ them; and ſuch poor as re- fuſe to be lodged, maintained, and employed there, ſhall not be entitled to relief; pariſhes are alſo. empowered to join in ſuch purchaſe, and the officers of one pariſh may, for that purpoſe, contract with thoſe of another ; but the ſettlement of the poor is not to be affected by their removal to another pariſh, in conſe- quence of this act. . The acquiſition of ſettlement by purchaſe is regulated by another ſection of the act; which directs, that the purchaſe money muſt not be leſs L E T T E R · XVII. 201 leſs than thirty pounds, bona fide, paid for the eſtate, by which a perſon ſhall gain a ſettle- ment; and that no perſon paying to the ſca- vengers or highway rates ſhall, on that ac- count, be deemed to gain a ſettlement; the other ſections regulate the notices neceſſary on appeals, and the relief the appellant ſhall re- ceive on undue removals. I have not been able to obtain any tract on the ſubject written during this reign; nor have I ſeen any referred to, or quoted by thoſe which have been ſince written; the conclu- fion which follows is, that none of ſufficient merit, to eſcape oblivion, were publiſhed; and indeed the little that was done by the legiſla- ture, is a proof that the ſubject did not much attract the attention of the nation; the vene- rable fabric received a little addition and re- pairs only; but no material alteration was made. N VOL. I. 0 LETTER [ 202 ] LET TER XVIII. . IT ( T is with great fatisfaction, that the opi- nion of Mr. Locke on this ſubject, al- luded to a few pages back, has been peruſed; by which it appears, that about the year 1696, the clamour with regard to the poor, and the búrthen of the poor's rate, having at- třácted the notice of the Commons, they re- ferred it to the board of trade to conſider the fact, and to report the remedy; on which oc- cafion Mſ. Locke, who was one of the com- mifioners, delivers the following opinion in the report made by the board **. The multiplicity of the poor, and the increaſe of the tax for their maintenance, is ſo general an obſervation and complaint, that it cannot be doubted of; nor has it been only ſince the Laff war that this evil has come upon us, it has been a growing burther on the kingdom theſe inany years, and the two laſt reigns felt the 31 ใ Live .:$] 4 Ms. Chalmer's Eximate, &c. increaſe L È T Ê Ř XVÍIÍ. 203 ! increaſe of it as well as the preſent. If the cauſes of this evil be looked into, we humbly conceive it will be found to have proceeded, not from the ſcarcity of proviſons *, nor want of employment for the poor s ſince the goodneſs of God has bleſſed theſe times with plenty no no leſs than the former, and a long peace du- ring three reigns gave us as plentiful a trade as ever. The growth of the poor muſt there- fore have ſoine other cauſe; and it can be no. thing elſe but the relaxation of diſcipline and . corruption; virtue and induſtry being as con- ftant companions on the one ſide, as vice and idleneſs are on the other. On this firſt prin- ciple, thus clearly expreſſed by Mr. Locke, whoſe ſtrong intellectual faculties were em- ployed in the exact ſituation, to obtain ample intelligence, on the fubject he has thrown ſuch a blaze of light over, one muſt reſt with confidence; in fact this truth has often diſa covered itſelf to us, in faint glimmerings, du- ring the inveſtigation of this ſubject; and the have perceived how often this ſen- timent has obtruded itſelf on the pen;, that it reader may * . By the Windfor table the prices of wheat in the years 1636, 1697, 1698, was 31. 38. id.--21. 135. 4d.-3. gs. 02 meets 204 L E T T E R XVIII. ispit meets with ſuch honourable confirmation from Mr. Locke's authority, near a hundred years ago, ſtamps a ſignal mark of propriety on the ideas which have been hitherto ſuggeſted; and firm- ly eſtabliſhes the following aſſertion, that un- leſs'vice and idleneſs among our poor are de- creaſed ſince this opinion was given, the mul- tiplicity of the poor, and the ſtill increaſing burthen of tax for their maintenance, ariſes at the end of the eighteenth century, not from "ſcarcity of proviſions, and want of em- ployment for the poor, but from relaxation of diſcipline and corruption of morals. As it is poſſible that the remedy for the diſeaſe may be diſcovered by purſuing the en- quiry, with equal clearneſs as the cauſe" has þeen pointed out ; we ſhall proceed in the fame manner to relate what the legiſlature has done, and individuals have written on the ſub- ject to the cloſe of the laſt parliament. The law with reſpect to 'natural children remained on the footing the acts of the 18th of Elizabeth and the 7th' of James the Firſt had left the ſubject; until the ſixth year of the reign of George the Second, when, it having been found by long experience, that the 5: r ? BE ܀ have property ;- from this fome inconvenience . LET TER XVIII. 205 the ſecurity of pariſhes was not ſufficiently provided for ;; the legiſlature, by a ſtatute then paffed, in the 31ſt chapter, enacted, that the perſon charged on oath of being the-fa- ther of a baſtard child, by any ſingle woman who ſhall be delivered, or ſhall declare herfelf to be pregnant, and that the child is likely to become chargeable to the pariſh, ſhall be im- mediately apprehended and committed to pri- ſon, unlefs he gives ſecurity to indemnify the pariſh; but that he ſhall be diſcharged on the miſcarriage of the woman, or if no order be made in purſuance of the 18th of Elizabeth within fix weeks after the woman's delivery; and that no woman ſhall involuntarily be obliged to filiate the child of which the is 1.6.0 pregnant before delivery, It ſeems alſo to have been a doubt, whe- ther juſtices of the peace could legally act in any caſe relating to pariſhes where ſuch juſtices aroſe in the adminiſtration of the common buſineſs-of, à magiſtrate ; the 18th chapter of the truth ſtatute of this reign, therefore, clears up the ſubject; and empowers them to enforce the laws, with reſpect to the maintenance, re- lief, 1. 1 1 1 102 03 206 I ETTER XVIII. lief, and ſettlement of poor perſons; thoſe alſo with reſpect to paſſing vagrants, repairs of highways, and any other laws, concerning pa- rochial taxes or rates; notwithſtanding they themſelves may be chargeable to ſuch rates., The following year produces an inſtance of the attention the legiſlature paid to the con duct of the ovęzfeers of the poor ;,, who, acz ding to the preamble of the act of the 17th Geo. II. cap: 3; " on frivolous, pretences, and private ends, frequently make unjuſt, and ille- gal rates, in a ſecret and clandeſtine manner;"! and the preamble to the 38th chapter of the the ſame ſtatute ſtates, “ that the money raiſed for the relief of the poor is liable to be mif- applied, after it is with great difficulty and delay raiſed;' to obviate theſe inconveniences, the firſt act directs that public notice ſhall be given in the church of every rate, for the res lief of the poor, the next Sunday after the ſame ſhall be allowed by the juſtices; and that the oyerſeers ſhall permit ſuch rates to be inſpected at all ſeaſonable times, on payment of 1s. for the ſame, and copies ſhall, on de- mand, be given, allowing 6d. for every 24 names; the rate to be void if no ſuch notice be L E T T E R XVIII. 207 be given, and a penalty of 20s. on refuſal of ſuch inſpection, or copy, and the 38th chap- ter directs that the churchwardens and over- ſeers of the poor ſhall yearly, within fourteen days after other overſeers ſhall be appointed, deliver a juít, true, and perfect account, in writing, fairly entered in a book to be kept for that purpoſe, and ſigned by the faid churchwardens and overſeers, of all the ſums of money received, or rated and not received; and alſo of all goods, chat:els, ſtock, and ma- terials that ſhall be in their hands, or in the hands of the poor, in order to be wrought; and of all monies paid by ſuch churchwardeurs* and overſeers, and of all other things concern. ing the ſaid office; and ſhajl påy and deliver over all ſums of money, goods and chattels, and other things, as ſhall be in their hands, unto the ſucceeding overſeers; and that this account ſhall be verified on oath before one, or more magiſtrates, who ſhall alſo fign the faid account, without fee, and this book ſhall be carefully preſeryed, and all perſons liable to be aſſeſſed, ſhall be permitted to inſpect it, on payment of 6d. and copies ſhall be given alſo- on demand, on payment of 6d. for every 300 ; 04 words 208 L ETTER XVIII. Visa words ; in caſe of the death of an overſeer, two juſtices are to chooſe another; if an over- ſeer remove from the pariſh; his-account, teks tified as above, ſhall be delivered to the re- maining overſeer, or churchwardens and the répreſentatives of an overſeer ſhaļl account within forty days after his deceaſe. Appeals to any rates or aſſeſſments, reaſonable notice being given; lie to the next general or quarter ſeſſion's of the peace; where, if the whole rate be appealed to, the juſtices may quaſh it, and order the churchwardens and overſeers to make a new one ; but where juſt cauſe is Teth, to give relief only, by altering the rate, the juſtice's are empowered to amend the rate, in fùch manner as ſhall be neceſſary to ſuch velief only. "As great care'is taken by this act, that the fra te's ſhall be fair and equal, and that the pa- riſh officers ſhall diſcharge' their reſpective "offices honeſtly; fo does it provide againſt áný vexatious actions being brought againſt them, by declaring that no want of form, ei- "ther in the appointment of overſeers, the rate or äffeſſment, or in the diſtreſs, ſhall render "them unlawful';' nor ſhall the parties diſtrain: ing unitie g L E T T E R XVIII. * 209, ?? opis ing be accoupted treſpaſſers, ab initio, on ac- count of any irregularity in their proceedings, but the parties: aggrieved ſhall recover for the ſpecial damage ſuſtained by ſuch irregu larity. irurgie Succeeding overſeers , are alſo enabled to levy any arrears due to former overſeers, and in caſe of perſons removing out of pariſhes, and others coming in, they ſhall pay. their rates in proportion to the time they have re- fpectively occupied ;. the proportion to be al- certained by two or more magiſtrates, and recovered by diſtreſs. Copies of the aſſeſſments are alſo directed to be entered in a book, to be kept for public peruſal, the entry to be made within fourteen days after the appeal is determined ; and all the regulations in the act are enforced by a penalty not exceeding 51. and the power of overſeers, in places where there are no church- wardens, is declared to be the ſame, as where they are both churchwardens and overſeers ; and they are ſubjected to the ſame penalties. :. The ſection of this act, which directs the overſeers account to be verified on oath before a magiſtrate, ſeems not ſufficiently to have explained . 210 L ET T E R XVIII, explained whether the magiftrate is to exa- mine the accounts, article by article; or whe- ther the overſeer is to ſwear to the whole aci count only, by the lump, and is not obliged to go through an examination, with reſpect to the articles of his account, on an oath voir dire; if this is the caſe, the magiſtrate acts officially only, and the oath is but of little fer- vice, as an appeal lies to the quarter feffions. The 11 th chapter of the 31ſt ſtatute of this reign makes ſome regulations in the ſettle- ment of apprentices, and enacts, that a perſon bound apprentice, by any deed, writing, or contract, duly ſtamped, ſhall be entitled to a ſettlement where he is ſo bound and has ſerv- the other ſection of the act relates to the power given to juſtices, in ſettling diſputes between maſter and ſervants, and conſequently comes not under the ſcope of our preſent diſ- quiſition. The laſt act of parliament in this reign, which reſpects the poor, is ſtatute 32, chap- ter :22, which provides for the maintenance of the wives and families of militia men, when in actual ſervice, by directing that the overſeers Arall, pay from the poor's ſate, by order of one juſtice ed: LETTER XVIII. 21 juſtice of the peace, a weekly allowance to the diſtreſſed families of militia men, embodied, and called out unto actual ſervice, according to the uſual price of labour in huſbandry. within the county, or diſtrict, by the following rule: for one child, under ten years, one day's labour; for two under the ſame age, two' days labour; for three children, three days labour; for five or more, four days labour; and for the wife, one day's labour ; but that the fa- milies of thoſe only choſen by lot, and ņot ſubſtitutes, ſhall be entitled to this allowance; for which payment the overſeers are to be reso imburſed out of the county ſtock. To paſs over the ſtatute-book of this reign, without mentioning the vagrant act, the 17th Geo. II. cap. 5, would appear an inſtance of inattention to the general deſign of theſe pa- pers; although much the greateſt part of it affords no inſight to the ſubject, becauſe it'in general reſpects the treatment of thoſe, who have forfeited the protection of ſociety, and are to be conſidered as its outcaſts; but if, through the fault of an improper ſyſtem of legiſlation, or through the mal-adminiſtration of the laws, which are in fosce reſpecting the poor, the number L E T T E R XVIII. number of thoſe, who come under the de- ſcription of vagrants is increaſed; the laws themſelves, or the execution of them, have thrown out of the protection of ſociety a num- ber of people who are not vagrants from their own fault; and ſo far the laws themſelves are accountable for the miſchief which they have occaſioned; while the puniſhment, ſevere to exceſs, falls on unoffending individuals ; in enumerating the particular offences, which occaſion perſons to be claſſed under the de- fcription of idle and diſorderly perſons, whom zone juſtice may commit to the houſe of cor- grection to hard labour for a month ; are thoſe -who-threaten to run away, and leave their soy.wives and children to the pariſh; this is a 4. curious offence, certainly not a heinous one, for it may conſiſt in words only, unaccomipa- nied with acts or intentions; but for this they may be committed; and, if they reſiſt the y commitment, or eſcape, are inſtantly “to' be claſſed among rogues among rogues and vagabonds. nied. All perſons.who return to thë pariſli from wwhence they have been removed, without na certificate, ſtand in thë fame predica- se ment"; "the law of ſettlements; therėfore, tends 1 1 LETTER XVIII. 212 ! 1 tends to increaſe the number of rogues and .vagabonds. All perſons who have not wherewithal to live idle without employment, and refuſe to work at the common uſual wages given to other labourers in the like work, in the pariſh wherein they then live, are alſo liable to the ſame puniſhments, and to become vagrants. An induſtrious handicraftſman, who has maintained his wife and family creditably ånd honeſtly by his induſtry, if removed from the town where his craft is carried on, to his place of ſettlement, a village, where there is no em- ployment but in huſbandry, muſt of neceffity fall under this deſcription ; becauſe not being able, from different habits to thoſe of a la- bourer, to do a fair day's work, he will not eaſily find employment; a mian does not give up a portion of his natural liberty, and his ón- Jy property, his ability to earn his bread, for this kind of protection from the ſocial com- pact; this alſo ariſes in a great meaſure from the law of ſettlements. All perſons who run away, and leave their wives and families, whereby' they become chargeable to any pariſh, are, ipfo fakto, to be 1 214 L E T T E R XVIII. be deemed rogues and vagabonds; whoſe pus niſhment is immediate commitment until the quarter feffionsthen they are liable to be committed to hard labour for a time not ex- ceeding ſix months, and during their confine- ment to be corrected by whipping. In this inſtance alſo the crime againſt fo- ciety may not be ſufficiently ſerious to deſerve fo ſevere a puniſhment; until a poor perſon, his wife' or family has become chargeable to a pariſh, the reſtraining him from leaving his home, by the fear of fo rigorous a ſentence, does not ariſe' abſolutely from neceſſity, and therefore the reſtraint is not juſtifiable on principles of common juſtice ; the poſible event, which may come to paſs from his , leaving them, ſhould not therefore, in the firſt inſtance, claſs him among rogues and vaga- bonds; he ſhould not be deemed an outcaſt of ſociety by anticipation of evil; he ſhould have firſt been a penſioner on the public fund of charity, before he ſhould by ſo ſevere a law, be reſtrained of his liberty; this deſcription of the crime, therefore, is too comprehenſive, and occaſions many innocent ſubjects to be claſſed with, and be ſubjected to the pu- niſhment 0 L E T TER XVIII. 215 niſhment appropriated to rogues and vaga- bonds. With but a ſuperficial knowledge of the ſub- ject, were theſe ſtrictures on the ſituation of our poor undertaken; the purpoſe was, to in veſtigate, and point out, the cauſe of that vaſt expence, which every rank of ſociety with rea- fon coinplains of, in maintaining this nume- rous claſs of our fellow-ſubjects, and to ex- plain the true foundation of that very wretch- ed ſituation in which we ſee too many of them; in fact, to account for this ſtriking pa. radox, that while millions ſterling are ex. pended in their relief, millions of the poor Itill. ſtand in need of more relief than they receive; a diſtant gleam of hope occurred alſo to the mind, that by inveſtigating the cauſe of the evil, poſſibly the remedy might alſo be diſco- vered; the method choſen, was that of fixing a foundation, in the firſt principles of ſociety, and proceeding by an hiſtorical analyſis; this has laid me open to ſome apparent contradic- tions and miſtakes; theſe letters being ſent to the preſs, as freſh information gave freſh mat- ter, and enabled the writer to proceed in de- veloping the hiſtory of the poor, the laws re- fpecting C 216 LETTER XVIII. ſpecting them, and the opinions of thoſe who have turned their attention to the ſubject; which miſtakes might have been avoided by a different mode of proceeding; but then the communication could not have been prepared for that very uſeful periodical magazine of agricultural intelligence in which it firſt ap- peared; beſides probably by this means of treating the ſubject, dogmatic principles, or preconceived opinions, are avoided; they at leaſt have leſs time to eſtabliſh themſelves; the mind which confeſſes itſelf to be employed in obtaining information, is not likely to deal in dogmas; and when the profeſſed purpoſe is to digeſt annals, as a means of arriving at a truth; it would be an aberration indeed, to attempt the eſtablithment of a ſyſtem. LETTER [. 217 ] - € L E T T E R XIX, 7 UNTIL the eſtabliſhment of literary re- views, the writer of the fugitive piece of the day poſſeſſed but little chance of poſthu- mous reputation ; his fame reſembled the life of the Ephemeron 'in duration, as did the pro- duction of his ingenuity, that inſect by infig- nificance, both foon periſhed, and were alike forgotten; unleſs extraordinary merit, or chance preſerved the one, in the libraries of the learn ed; and ſcarcity, or beauty, the other, in the collection's of the naturaliſt. But few treatiſes on this ſubject, written in the early part of the late reign, are now to be found in the ſhops of the bookſellers, Mr. Hay *, a member of the Houſe of Com- mons, publiſhed, in 1735, fome remarks on the laws relating to the poor, with propoſals * Of Glynd, in Syffex, author of an agreeable Effay on Deformity. VOL. I. P for 218 L E T T E R XIX. 1 for their better relief and employment; theſe propoſals were reduced into the form of an act, and brought into the houſe the ſame year the pamphlet appeared; but did not paſs into a law; among other remarks may be found in his publication the following judicious ob. ſervations. " It is certain that the obligation on each pariſh to maintain its own poor, and the con- ſequence of that, a diſtinct intereſt, are the roots from which every evil relating to the poor hath ſprung, and which eveſ muſt grow up until they are eradicated. Every pariſh is in a ſtate of expenſive war with all the reſt of the nation, regards the poor of all other places as aliens, and cares not what becomes of them; if it can but baniſh them from its own fociety. No good, therefore, is ever to be expected till parochial intereſt is deſtroyed, till the poor are taken out of the hands of the overſeers, and put under the management of perſons wiſer and more diſintereſted ; and until they be ſet to work on a national, or at leaſt a provincial fund, to ariſe from benefactions, and the la- bour of the poor, as far as they will go ; and what L ETTER XIX. 219 what more is wanting to be levied by an equal tax.” On this principle, he propoſes that every perſon be deemed legally ſettled in the pariſh where he has continued a year, without being chargeable ; and if he has gained no ſuch ſet- tlement, then at the place of his birth; and if not born in the kingdom, then where he ſhould want relief. The heads of the bill, which was rejected, proceeded principally on this idea, and con- fiſted chiefly of a plan for a county, or diſtrict work-houſe, if the county ſhould be too large; to be maintained by an equal rate throughout the county, to be governed by twelve perſons reſiding in each diſtrict, poffefſed of a certain eſtate in land, to be drawn by lot at the quar- ter ſeſſions, and incorporated by the name of the guardians of the poor within the diſtrict; ſix of them annually to go out, and fix new ones to be choſen in the ſame manner; bene- factors to be guardians for the time being, in proportion to the ſum given. They ſhould be enabled to purchaſe lands, in fee, ncar the middle of the county, or diſtrict, thereon to erect buildings for the uſe of the poor ; to P 2 furnish 220 XIX. L'E T T E R furniſh and provide ſtock to ſet the poor at work. To this plan many regulations are an- nexed, which, as it never paſſed into a law, it is unneceſſary to tranſcribe them, or any of his reaſons for them.) | From this period, until 1751, no other publication, on this ſubject, has come to hand; and in that year, Mr. Henry Fielding, as well known to us in theſe days for his ex- cellent novels, replete with nature, mirth, and pathos, as he was in thoſe for his excellence as a magiſtrate, publiſhed “ An Inquiry into the Cauſe of the late Increaſe of Robbers, &c; with ſome Propoſals for remedying the grow- ing Evil.” This treatiſe is full of obſerva- tions,' worthy a man of his abilities, and in. timate knowledge, from extenſive experience, as a Middleſex magiſtrate, of this important ſubject; a few of his leading principles as far as they relate to our preſent inquiry, ſhall be given. After having inyeſtigated the nature of the conſtitution of his country, as far as it relateş to the ſubject matter, and explained what he intends by the word conſtitution, he divides the ſubjects of the realm into three orders the ii. L ET TÉR XIX. 221 1 the nobility, the gentry, and the commonalty'; the laſt diviſion he aſſerts to be vaſtly changed from what they were in the days of vaſſalage, and conceives this change to have ariſen chiefly from commerce, which has ſuperinduced an almoſt unbounded liberty or licentiouſneſs, and a vaſt addition of power to that claſs of people; while, in the mean time, the civil power having decreaſed in the ſame propor- tion, the lares, as at preſent adminiſtered, are not able to govern them. The ſubject of the firſt ſection is, the too frequent and expenſive diverſions of which the lower claſs of people partake; this, he ſays, is one cauſe of thefts and robberies. In the ſecond ſection, he conſiders drunk- enneſs as a vice which the legiſlature has been particularly careful to ſuppreſs, and that the only blame in this caſe reſts in the remifſneſs with which theſe wholeſome laws have been executed; and adds, although I will not undertake to defend the magiſtrates of former days, who have ſurely been guilty of ſome neglect of their duty, yet, in behalf of the preſent commiſſioners of the peace, the caſe is different; they are very different offices, to P 3 execute 222 LE T T E R XIX. execute a new or a well known law, or to re- vive one which is obſolete. In the caſe of a known law, cuſtom brings men to ſubmiſſion; and in all new proviſions, the ill-will, if any, is levelled at the legiſlature, who are much more able to ſupport it than a few magiſtrates.” He then expatiates on the terrible conſe- quences ariſing from drunkenneſs, acquired by drinking the ſtrongeſt intoxicating liquors, and particularly gin ; and in a fine ſpirit of prophecy foretels the fatal conſequences flow- ing to poſterity from this pernicious practice. Doth not this polluted ſource, inſtead of pro- ducing ſervants for the huſbandman and arti- ficer, inſtead of providing recruits for the ſea or the field, promiſe only to fill alms-houſes and hoſpitals, and to infect the ſtreets with ſtench and diſeaſes?" The third ſection is on gaming, but as this vice has not, at preſent, been ſo directly the cauſe of the increaſe of the poor's rates, as it has of thefts and robberies, and is not, except in the ſhape of an annual lottery, ſo. likely to tempt the inhabitants of the country as of crowded cities; our author's obſervations on this vice need not be recapitulated. Thc L E T T E R XIX. 223 1 The fourth ſection contains a review of the laws relating to the poor ; and, having before run over the conſequences of luxury among the lower claſſes of people, in the inſtances of diverſions, drunkenneſs, and gaming, as tend- ing to promote their diſtreſſes, he conſiders the improper regulation of the poor as a fe- cond cauſe of thefts and robberies; this, he thinks, proceeds from three ſourcesthe abuſe of ſome laws--the total neglect of others and ſomewhat from a defect in the laws them- ſelves. He adds, that it muſt be matter of aſtoniſhment to any man to reflect, that in a country where the poor are, beyond all com- pariſon, more liberally provided for than in part of the world, there ſhould be found more beggars, more miſerable diſtreſſed objects, than are to be ſeen throughout all the ſtates of Europe. The other ſections in this tract relating only to the ſubject immediately under his conſide- ration, and not affecting our preſent inquiry, no farther extracts ſhall be given of the pub- lication. We now.proceed to a name known to all the civilized world, and the particular boaſt of this any other P4 214 L E T T E R XIX. 1 this iſland ; not as a legiſlator, not as a magiſtrate; but as a poet, and a pleaſant moraliſt. A pamphlet, entitled, « A compendious or briefe Examination of certaine ordinary Com- plaints of diverſe of our Countrymen in theſe our dayes, by William Shakeſpeare, Gentle man," imprinted in 1581, was reprinted in 1731 in London. The Monthly Review, a valuable collection of criticiſm on, and repoſitory of, moſt that is worth notice in the literary productions of the laſt forty years, preſerved the republication of this pamphlet to my notice, which certainly, with reſpect to the remote date of its original publication, ſhould have ſtood foremoſt in the liſt of tracts on the poor ; it being written anterior to the great corner-ſtone of the poor laws, the 43d of Elizabeth, and to the prin- ciple of which it might have afforded a valua- ble hint. Although in 1751, when this tract was re- printed, the fame of Shakeſpeare had not riſen to that ſtupendous height in the opinion of mankind it now poſſeſſes; nor had the anec- dotes of his life, and criticiſm on his beauties and A LET T E R XIX. 225 and defects, ſwelled to ſuch a bulk as they have fince arrived at, through the ingenious comments of Johnſon, Farmer, Stephens, Malone, and others; yet one ſhould have imagined that enough had been known of the poet, from Rowe's life of him, to have pre- cluded a poſſibility of miſtaking William Shake- ſpeare, the author of this tract, for our re- nowned poet: this pamphlet being printed in 1581, when, by the pariſh regiſter of Strat- ford, Shakeſpeare was not above ſeventeen years of age, and more probably engaged in the truant pleaſures of youth, than in writing a ſerious dialogue between a doctor of divinity, a merchant, a huſbandman, and a capper in the handling of which, the reviewers ſay, the author diſcovers a much greater know- ledge of trade and commerce than people would be apt to expect from a poet. The depth of obſervation and knowledge of man- kind, as well as of trade and commerce, which vas pofſefled by the writer of this tract, who- ever he may have been, may be conceived from the following quotation from it, which * Capper, one who makes and ſells caps. JOHNSON. appears 226 L E T T E R XIX. f -- appears to ſtrike deeper at the principle of the poor laws, as far as it reſpects compulſive in- duſtry, than any other argument which has fallen under my recollection. “ It is an old ſaying in Latin, honos alit artes, that is to ſay, profit or advancement nouriſheth every faculty; which ſaying is ſo true; that it is allowed by the common judgment of all men. We muſt underſtand alſo, that all things that ſhould be done in a commonwealth, be not to be conſtrayned by the ſtraight penalties of the law; but ſome ſo, and ſome either by allurement, and re- wardes rather. For what law can compel men to be induſtrious in travayle, or labour of body; or ſtudious to learne any ſcience or knowledge of the minde: to theſe things they may well be provoked, encouraged, and al- lured, if they that be induſtrious and painful be rewarded well for their paines, and be ſuf- fered to take gaynes and wealth as rewardes of their labours, and ſo likewiſe they that be learned be advanced and honoured according to their forwardneſs in learning, every body will then ſtudy to be induſtrious in bodily la- bour, or ſtudious in things that pertayne to knowledge. L E T T ER XIX, 227 i knowledge. Take theſe rewardes away from them, and go about to compel them by laws thereto, what man will. plough or dig the ground, or exerciſe any manual arte, wherein is any paine?" As every act of parliament, reſpecting the poor, proceeds on a principle of compulſion only, and is not intermixed with rewards or encouragement incitive to induſtry, the pre- ſent ſyſtem of laws militates with this humane and ſenſible obfervation of Mr. William Shake- ſpeare ; and it may be the price of our labour, in a future part of this inquiry, to conſider whether the principle of the poor laws would not be meliorated by intermixing allurements to induſtry with compulſion ; but as the chief ſcope in this pamphlet was to recommend the manufacturing our own wearing apparel, in- ſtead of going to a foreign market, for our own materials worked up by foreigners ; a queſtion which ſeems to have excited the attention of the ſenſible part of the nation, a of the nation, a few years af- ter the duke d’Alva's feverities had driven manufactures and commerce from the Spaniſh Netherlands into this iſland; the tract itſelf con- } 228 LETTER XIX. } contains little more on our ſubject worth tranſa cribing. Towards the end of 1751, an anonymous publication made its appearance ; entitled, • Confiderations on ſeveral Propoſals for the better Maintenance of the Poor ;' the author's deſign is, to prove that the preſent ſyſtem is fufficient, if properly executed ; and with great reaſon is he averſe to leaving the poor to be maintained by voluntary contribution, or accidental charity only; becauſe they, having now for near two hundred years, been main- tained by a regular ſyſtem of laws, enforcing contribution, thouſands would periſh, trade would greatly ſuffer, and much confuſion would ariſe from ſuch a total change of ſyf- tem; he thinks, that the diviſion into pariſhes is ſufficiently large; becauſe a multitude can be' beſt governed by a diviſion into ſubordi- nate parts; and conceives, that the internal police was better regulated when the counties were divided into hundreds, theſe hundreds into decennaries, and each man of the decen- nary was anſwerable for the reſt; he propoſes a more ſtrict inſpection into the conduct of the LFT T E R XX. 229 the poor, and of ale-houſes, by the conſtables of the diſtrict, who ſhould make regular weekly returns to the high conſtables, and theſe to make monthly returns to the juſtices at their petty ſeſſions ; on the whole, there appears to be much good ſenſe, knowledge of, and atten- tion to, the principles of the conſtitution in this tract. L E T T E R XX. EARLY in the year 1752, Thomas Alcock, A. M. gives his opinion on the ſubject, and profeſſes himſelf highly diſfatisfied with the manner of providing for the poor; he dif- likes compulſive relief, and thinks it hath a tendency to hurt induſtry, care, and frugality; the ſluggard, on the preſumption that he hath a right to relief, is tempted to continue in floth; and the glutton as he receives his gains' eats them, and the drunkard drinks them; in ſhort, men labour leſs, and ſpend more; and the very law that provides for the poor, increaſes the number of the poor: com- pulſion 230 L ET TER XX. pulfion to relieve, he ſays, is contrary to the principle of charity, and deſtroys gratitude in the receivers, creates "ill blood, 'murmuring, and indignation on the ſide of the contributor: 66. it muſt be allowed, therefore, that the poor ław tends to deſtroy 'charity, eſpecially when the legal exaction is ſo very high, that no leſs a ſum than three millions yearly, at a medium, is levied for this purpoſe, which is equal to a land-tax at ſix ſhillings in the pound; add to this, that the ſhameleſs, the impudent, the idle, and leaſt deſerving, run away with this vaſt ſum; while the modeſt, the baſhful, and really indigent, are ſuffered to languiſh in the moſt diſtreſsful circumſtances imaginable.” It is impoſſible in this place to avoid ob- ferving upon the fact ſtated, that three mil- lions were raiſed by legal exaction yearly, about the year '1751, for the poor ; or, in other words, that the poor's rate at that time amounted to three millions yearly; the fact appears to be queſtionable; but as the account of the poor's rates, returned by the different pariſhes throughout the kingdom, does not go back to this period; and no other proof to the contrary can be at preſent advanced, Mţ, Al. L ETTER XX. 231 Alcock muſt be allowed credit for the affer- tion, that three millions were raiſed by the poor's rate annually about the year 1751 ; be- cauſe the nature of his argument, as well as the pointed expreſſion, legal exa&tion, preclude the idea of his mixing the numerous charitable funds and contributions throughout the king- dom, to ſwell the produce to that enormous ſum. Now the Windſor table of the prices of wheat, which has been once before referred to, ſtates the price in 1750, at il. 8s. rod. a quarter ; and in 1751, at 1l. 145. 2d. ; in 1785, at 1l. 16s. IId.; but, by the overſeers' returns to the Houſe of Commons, the poor's rate in 1785 amounted only to 2,184,9041.; the expences of the poor were, therefore, leſs in that year than in 1750, above 800,000l. and wheat 8s. a. quarter more, another proof that the price of bread increaſing has not been the cauſe of an increaſe in the poor's rate *. * In 1680 a regular eſtimate was made of the poor's rate, and it, amounted to 665,3621. and in 1772 it amounted to 3,000,000l.; in 1680 wheat was 2l. a quarter; in 1772 it was 21. 155. id. here the price of wheat is increaſed little more than pne third, and the rates more than quadrupled. ANNUAL REGISTER, 1773: It 232 L E T T E R XX. 1 It would extend this enquiry to a tedious length, if every ſcheme which has been of- fered in print, on the maintenance and em- ployment of the poor, were to be. detailed; Mr. Alcock, whoſe language is rather decla- matory than argumentative, likewiſe offers his plan; the intent of which is, to relieve the indigent, without oppreſſing the public in ſuch an intolerable manner; he is not for repealing the poor laws, but only for amending them; and, among other matters, propoſes a plan of hundred work-houſes, to conſiſt of three parts, one for the impotent, the able, and the induſtrious poor; the ſecond for the fick; and the third for the vagrant and idle poor ; to be built and furnifhed at the expence of the fe- veral pariſhes, in proportion to what they paid at a medium for maintaining the poor, the là it four years. The overſeers of the pariſhes t8-B governors thereof annually by rotation, and all perſons that beg, or aſk' relief, to be ſent to this houſe, and immediately admitted, on an order ſigned by the overſeers of the re- ſpective pariſhes; and no money but what paſled through this houſe, to be charged to the pariſh by the overſeers. The; 1 L ET TER XX. 133 The ſubject ſeems now to have, attracted the attention of ſome enlightened minds among the higher orders in the ſtate ; the Earl of Hilſborough and Sir Richard Lloyd drew up two ſeparate plans into the form of an act of parliament, but neither of them paſſed into a law. The Earl, by his plan, printed in 1753, propoſes to repeal all the poor laws, and to deſtroy every idea of ſettlements and removals; and to re-enact, with ſome alterations, the clauſes'appointing overſeers, the mode of le- vying a rate, the laws reſpecting baſtard chil- dren, binding apprentices, rendering parents and children mutually liable to maintain each other; and propoſes, that in every county there ſhall be one corporation, conſiſting of ſuch perſons who ſhall ſubſcribe and pay an- nually not leſs than 51. towards the relief of of the county, who ſhall be called governors of the poor, and who may purchaſe lands, make bye-laws, appoint officers, &c. with falaries. That one or two hoſpitals be, erected in every county; in theſe hoſpitals to be three diſtinct apartments, for the children, the aged, the diſeaſed; the charges of the building, fur- Vol. I. a niture the poor care 234 L ET TER XX. be niture, and materials to be paid out of the con- tributions, and out of ſuch money as may granted for that purpoſe by parliament, and out of an aſſeſſment for two years, of 3d. in the pound annually, and an aſſeſſment of 6d. in the pound for maintaining the poor ad mitted into theſe hoſpitals; the profits of any work done in them alſo to be added to the re- venue of the hoſpital. Many good rules are alſo given by the Earl for the internal regulation of theſe hoſpitals, þut of too minute a nature to render a tranf- cription of them neceſſary. Sir Richard Lloyd's plan, principally con- ſiſts of a houſe of induſtry for the education of the children of the poor*; it is aſtoniſhing that nearly forty years ſhould have elapſed ſince a name of fome eminence has recommended ſuch an inſtitution, and except part of -Lin- colnſhire, no other conſiderable diviſion of the illand has carried the idea into execution, al- - The Memoir of the Board of Trade drawn up by Mr. Lock, had not at this time fallen into my hands; and when this was written, it was not generally known that the Memoir exiſted en- tite; only detached parts of it had been quoted; the laſt edition, of an Account of the Society for promoting Induſtry in the Coune ty of Liacoin, has by the permiſſion of John Pownal, Efq; been the means of making the whole of this important paper public. though - L E T T E R XX. 235 I were, the though many individuals have ſhewn that the plan is feaſible, and experience has now fe- conded the ſtrongeſt convictions of its excel- lence, which human reaſon alone was able to give. Sunday-ſchools, which ſhould be as it apex of the ſtructure, the laſt finiſh of the plan, will, it is to be hoped, now be made uſe of as the ground-work; and while charity, uniting with religión; influences us to take care of the religious ſentiment of the rin ſing generation of the poor, by inſtructing thein in learning, and the duties they owe to God and man on a Sunday; let the good prin- ciple; the patrons of theſe 'inſtitutions are aca tuated: by; 'influence them to attend to the in- duftrious habits of their young pupils, through the other days of the week.' C.This ſcheme of Sir Richard's 'recites, that whereas the education of the children of the poor cannot be fo well affected, nor the poor be ſo comfortably, nor at ſo eaſy a price; maintained in ſmall numbers and in diſtinct families, as in large and well-ordered houfes ſet apart for that purpoſe, therefore the juſți- ces, in ſeſſions;: hall divide the county intoas many diſtricts as they ſhall think proper; and that they, and allo other perſons of confider- able 1 Q2 236 L E T T E R XX. able, eſtate. Thall be choſen as jurors, are, and ſhall be guardians of the poor within each diſ- trict; and perſons contributing a certain ſum fhall be alſo: guardians; they ſhall be a body corporate, ſhall make bye-law.s, -appoint offi- cers and ſervants, and form themſelves into committees; ſhall purchaſe land, on which to build a houſe of induſtry, and other conve- nient buildings, for 'lodging and employing the poor within the diſtrict; the expence to be defrayed by a lottery, by voluntary contri- butors, and by an aſſeſſment; the charges for the relief and employment of the poor after. wards, to be raiſed by an aſſeſſment on the ſeveral pariſhes, in proportion to the number of poor they ſend to the houſe. No other alteration is propoſed to be made in the poor laws, nor does this plan provide any compulſive means to oblige the poor to ſend their children to the houſe of induſtry; on the whole it appears a very crude and indi- geſted ſcheme. Mr. Fielding, in a pamphlet entitled, “ A Propoſal for making an effectual Proviſion for the Poor," printed in 1753, again offers his advice on the ſubject, and propoſes a ſcheme, which ſeems, in Dr. Burn's opi. nion, L ET TER XX. 237 > nion, as ſupplementary to the two laft men- tioned. Speaking of the neceſſity of ſome regula tions, he ſays, that “ the poor are a very great burthen, and even a nuiſance to the kingdom ; that the laws for relieving their diſtreſſes, and reſtraining their vices, have not anſwered their purpoſes, and at preſent that they are very ill- provided for, and worſe governed, are truths which every man will acknowledge; and that every man who hath any property muſt feel the weight of that tax, which is levied for the uſe of the poor ; and every perſon, who hath any underſtanding, muſt ſee how abſurdly it is applied. So very uſeleſs indeed is this heavy tax, and ſo wretched its diſpoſition, that it is a queſtion, whether the poor or the rich are actually more diffatisfied, or have indeed greater reaſon to be fo; ſince the plunder of the one ſerve's ſo little to the real advantage of the other. The ſufferings of the poor are indeed leſs known than their miſdeeds, and therefore we are leſs apt to pity them! They ſtarve, and freeze, and rot among themſelves.; but they beg, and ſteal, and rob among their þetters,' Не Q: 3 + 238 LET TER XX. He then propoſes a plan for the county of Middleſex, which, if ſucceſsful, may be fol- lowed in other counties'; but gives it, as his opinion, that no divifion, 'léfs than a whole county, will anſwer the intention. The heads of which are : That there be a large building erected, conſiſting of three courts; the two outermoſt of the courts to be called the county-horſe, and the innermoſt to be called the county- bouſe of correction, with a chapel, and offices. That in thefe houſes the men and women be kept entirely feparate from each other. That the county-houſe ſhall conſiſt of 'lodg- ings for the officers; of lodging-rooms and of working-rooms for the labourers; of an infir- mary, of a chapel, of ſeveral large ſtore-rooms, with cellarage: That the county-houſe of correction confift of lodging-rooms for the officers; of lodging- rooms and working-rooms for the priſoners ; of an infirmary, of a fafting-room, of ſeveral cells or dungeons, of a large room, with iron grates, which ſhall be contiguous to, and look into the chapel, That there ſhall be a houſe for the gover- mor, one for the deputy-governor, one for thç chap 1 L'ET T E R XX. 239 muito chaplain, one, for the treaſurer, and one for the receiver-general of the houſe ;, and that likewiſe there be built, on each ſide of the county-houſe, nine houſes for providing the labourers and priſoners with the neceſſaries of life.. Theſe, with many other leſs important: re- gulations, are the whole of Mr. Fielding's plan, on which, and alſo on his ideas on the ſubject of the poor, the following obſervations ſhall be ventured: ifricii : ilisor That they are collected from an intimate knowledge of the wretchedneſs and villainy which prevail among the loweſt claſs of your fellow-creatures, in the purlieus of an over, grown metropolis ; that the picture which he draws of them is too overcharged, the, qut- line too hard, and, it is to be hoped, it is ra- ther a caricature of the ſink of wretchedneſs in London, than a natural repreſentation of country manners, even in thoſe families whefe lazineſs and debauchery are in league with poverty, to render human miſery complete. His plan is alſo of a piece with his picture,; therefore we read of dungeons, cells, iron grates, and faſting-rooms; although he indeed apologizes for the laſt, on the experience of their Q4 280 LETTER XX. their good effect in bridewells, and other houſes of correction; but, beſides all this, the ex- pence'attending building ſuch large offices, to- gether with houſes for about half a dozen offi- cers, and conſequently fálaries, that they may be able to live in their houſes, is ſuch an ex- pence-as would ſtartle any county, although Middleſex ſhould have fet a ſucceſsful ex- ample, It does not appear that the legiſlature, in conſequence of the reaſoning and plans de- tailed in theſe ingenious tracts, māde'any alte- rations in the ſtatute law of the kingdom'; the arguments, as well as the plan, fell to the ground, not having made a ſufficient impreſ- fion on the mind of parliament, to occafion any of them to paſs into a law, although fe- conded by the weight of no mean ability, and by the influence of men of conſiderable con- ſéquence; the vagrant act, and that which re- ſpects the regulation of the poor's rate, being the only acts on this head of internal police, which paſſed until towards the cloſe of the peign of our late king; and the date of theſe acts-is . anterior to the pamphlets which have juſt been noticed The LETTER XX: 941 3 The multitude of inſtances, affecting to humanity and decency, which arofe from the depravity and wretchedneſs of the numerous proſtitutes who haunt the ſtreets of the me- tropolis, occaſioned about the year-1758., ſome gentlemen, of equal generoſity as humanity, to enter into a ſubſcription, which laid the foundation of the Magdalen-Houſe; the ſub- ject becoming a faſhionable topic of conver- ſation, many arguments on the good which might be expected to ariſe from ſuch an in- ftitution were held, and many plans were of- fered; among others, .a -plan for eſtabliſhing charity-houſes for expoſed and deſerted wo- men and girls, and for penitent proſtitutes ; together with confiderations relating to the poor and poor laws of England, were written in 1758, by J. Maſſee, who appears to have been, on other ſubjects as well as this, a well- meaning and enlightened projector. · Thè principal part of this publication was occupied on theſe inſtitutions, and conſequently not in point with our inquiry; but he alſo threw out ſome ſenſible hints on the ſubject of the poor and the poor laws'; of theſe it will be proper to take ſome notice. Не 1 248 L E T TER XX: 1 He aflerts, that the great increaſe of un employed poor is owing to parochial ſettle- ments, and that the increaſe of thieves, beg- gars, and proſtitutes is immediately cauſed by want of employment, and in ſome meaſure by want of proper proviſion for diſtreſſed work- ing people, when out of the pariſhes to which they belong; and partly to the ſeverity of our poor laws, in affixing the fame puniſhment to begging as to ſtealing. He apprehends, that monopolizing farms, and the incloſure of common lands are among the cauſes of an increaſe of the poor. He attempts alſo to prove, by authorities, that ſubſtantial people have decreaſed in num- ber; and aſſerts, that our interior weakneſs, the precarious ſtate of our trade, and the great increaſe of the poor ; are primarily, or princi. pally, cauſed by removing multitudes from our natural and fixed baſis land, to the artificial and Auctuating bafis trade. A new ſyſtem is alſo propoſed by him, for relieving, employing, and ordering the poor, which he divides into ten propoſitions; of theſe only the firſt three ſhall be noticed, be- cauſe theſe only are properly fundamental, and .. L E T T E R XX. 243 sa i - and the reſt in the nature of auxiliary re- gulations. 1 Firſt, That the charge of maintaining the poor ſhall be equally borne by the wealthy and ſubſtantial inhabitants; that the ſame ſhall be aſſeſſed by the rents of houſes and lands, and that each perſon's quota be determined by a pound rate on the full annual value or rent. Second, That every poor perſon, wanting relief, ſhall be equally entitled thereto, in any city, town, pariſh, or extra-parochial place, without regarding where ſuch perſon was born, or had lived. Third, That a competent number of houſes of maintenance and employ be eſtabliſhed for the reception of all poor perſons, within each county reſpectively. With reſpect to theſe three propoſitions, the firſt leaves the principle of the poor's rate exactly as it is at preſent; the ſecond is in practicable in the full extent intended; and the third lays a foundation for an immenſe expence in buildings, In 1759, a ſhort anonymous tract appear- ed; in which the writer gives it as his opinion, that the principles are falſe on which the poor vi 1 244 L ET TER XX. poor laws are founded; particularly this, that it is reaſonable every place in the kingdom ſhould maintain its own poor ; and afferts, that they ought to be relieved where they are in want of relief, and be employed where they are moſt uſeful; and to effect this, that the fund to ſupport them be national, not paro- chial. This writer offers his plan alſo, and propoſes, that all charities, hoſpitals, work- houſes, &c. be ingrafted into a general plan for the relief of the poor; and the ſeveral members thereof, be united into a corporate bödy, to take the appellation Sir Joſiah Child gave them, and be called fathers of the poor. There alſo were publiſhed about this time, fome well-intended tracts, which recommend decreaſing the number, and regulating the conduct of alé-houſes; a very proper, nay a peceſſary ſtep towards a well-ordered internal police: ale-houſes are undoubtedly at preſent a principle origin of the evil complained o.; but it ſurely might be poſſible to reſtrain their bad tendency, and make them in one reſpect a convenience to the laborious poor; inſtead of putting it into the power of licenſed ale-houſes 10 1 L E T T E R XX. ? 245 to draw every ſixpence from their pockets, and every good principle from their breaſts; if, under the authority of the preſent ſubfiſting laws, the magiſtrates would be more ſtrict in reſtraining them from permitting tippling ; and not licenſe any ale-houſe where there was not kept a ſtock of beer conſtantly on ſale, to thoſe only who carry it home į of a ſtrength equal to common table-beer, and at a price, which would allow of a moderate profit only:; the authority of magiſtrates over the conduct of thoſe they licenſe to keep ale-houſes, is great indeed; and every exertion of their au- thority to preſerve ſobriety and regularity among the lower claſſes of the people, who are the principal cuſtomers to theſe ſhops of drunkennefs, is in the ſtrict line of their duty: the leading principle in the Court of King's- Bench, which ſuperintends the conduct of the magiſtracy of the kingdom, is favourable to ſuch a ſtrict diſcharge of office; and were they, in that diſcharge, rather to exceed than Sall ſhort of their legal authority, while the intention was right, that court would hold them blameleſs ; it is only when intereſted yiews ; 1 246 L ETTER XXI. views or ſelfiſh principles influence their con- duct, that the Court of King's-Bench repri- mands and puniſhes magiſtrates. LETTER XXI. WE E are now arrived at an æra, when the arms of Great Britain were carrying its fame, and dominion, to the remoteſt parts of the globe; an æra, when this iſland, in prof- perity, political conſequence, and reputation, were, by many of its moſt fanguine patriots, conceived to have ariſen to its acme ; and when, by many alſo, whoſe opinions carried weight with them, it was believed to have ſtretched its credit almoſt to its deſtruction; and while it was riſing in fame, to be finking in fact under the immenſe load of its national debt : experience has now proved to us, that both theſe conceptions of our ſituation, form- ed at the commencement of the preſent reign, were L'ET T E R XXI. 247 time equally removed from trụth ; our proſperity and political conſequence, now that above thirty years of his preſent Majeſty's reign has paſſed over, continue to increaſe; and above a hundred million has alſo been added to the national debt This is a paradox, which politicians may attempt to explain ; it reſpects our ſubject no farther, than as the internal happineſs of the maſs of individuals, who form the population of the kingdom, may be intereſted: has their proſperity increaſed progreſſively with that of the ſtate? is a queſtion of ſome importance ; if it has, our wars, our treaties, our taxes, the high political Gtuation this kingdom now fills, have operated to general good; they have in- creaſed the general ſtock of proſperity and happineſs; but if the reverſe is fact; if among the maſs of our fellow-ſubjects, more idleneſs, more diffipation, worſe principles; worſe ha- bits.; and their conſequences, greater poverty and diftreks, prevail.among them; what is all ourboaſted greatnefs;oor high name for wealthi, proſperity, and political- confequences but-à {plendid pah, to conceal from. view the hideous appearance of mortal wretchedneſs? That 248 L ETTER XXI. 1 That this is the caſe; that the aggregate of miſery is greater among the poor than it was; that the axiom, it has increaſed, is increaſing, and ought to be diminiſhed, is to the full as true, as ever was the ſame axiom when applied to the influence of the crown; no one who ſees their preſent wretchedneſs, and knows the amount of the rates raiſed for their relief, will heſitate to allow; and while this remarkable ſentence is applied to their miſerable fituation ; with equal force will it apply to the revenue raiſed for their relief; but what has the legiſ- lature done throughout this period to diminiſh their diſtreſs, or our expences ?-Nothing, or next to nothing; the legiflature has treated the ſubject as the phyſician, whoſe humanity exceeds his ſkill, treats his patient, whoſe caſe he deſpairs of; he preſcribes narcotic pallia- tives ; and exerts his knowledge to render leſs painful that cataſtrophe which he cannot prevent. That this apathy, or inattention of parlia- liament, to the fituation of the poor, has not been exaggerated, will clearly appear by the following notices of the ſtatutes which reſpect them, culled from a farrago of fourteen vo- lumes L E T T E R XXI. 249 lumes of public legiſlative acts, containing above one thouſand chapters, paſſed in thirty- one years of the preſent reign; among which, the firſt fourteen years contain not a ſyllable upon the ſubject, except an act paſſed in the ſecond year, cap. 22, which reſpects the re- tropolis only; being an act for the keeping regular, uniform, and annual regiſters of all pariſh poor infants under a certain age, within the bills of mortality; as a means of preſerv: ing the lives of infants under the age of four years. But local inconvenience and diſtreſs, has nevertheleſs, during this period, occaſioned many diſtricts, hundreds, and pariſhes, to ap- ply to parliament for aſſiſtance, and to be pe titioners for acts for the better relief and em. ployment of the poor within the diſtricts re- ſpectively applying : among a number of theſe, we ſhall find, in the year 1764, acts for the better relief and employment of the poor, within the hundreds of Blything, Bofmere, and Claydon, Samford, Mutford, Lothing- land, and Wangford, in the county of Suffolk; the conveniences and inconveniences, afifing from the carrying into execution the acts of VOL. I. parliament, R 250 L E T T E R XXI. parliament in the ſeveral hundreds thus in- corporated, at their own requeſt, by parlia- ment, ſhall be attended to in another place, by a digeſt of the beſt information that can be obtained from the incorporated pariſhes; but at preſent a detail of what the legiſlature has done on the general ſubject ſhall be pur- ſued. In 1775, parliament repealed an act of Eli- zabeth, againſt erecting and maintaining cot- tages; which had reſtrained the building them, unleſs four acres of land was laid to each cottage ; and had alſo reſtrained the owners from placing more families than one in any cottage, or receiving any inmates; be- cauſe it appeared, as ſtated by the preamble to the act repealing, that it laid the induſtrious poor under great difficulties, and tended very much to leſſen population. The 16th of Geo. III. cap. 40. in its pre- amble, ſtates, that the great and increaſing expence of maintaining and providing for the poor, and their continual diſtreſſes notwith- ſtanding, make it highly expedient for the legiſlature to take this great ſubject into their ſerious confideration. And that information of 1 L E T T E R XXI. 251 peace, within of the ſtate of the poor, and the nature of thoſe expences are neceſſary to be procured, to en- able the two houſes of parliament to judge of proper remedies to redreſs thoſe grievances; and that ſuch information cannot be effectually obtained, without the aid and authority of parliament. Therefore it is enacted, that the overfeers of the poor throughout that part of Great Britain, called England and Wales, ſhall make returns upon oath to certain queſtions ſpeci- fied in the act, relative to the ſtate of the poor; and that the juſtices of their reſpective diviſions, be authorized and requeſted to take ſuch returns on oath, and to cauſe them to be tranſınitted to the clerk in parliament. Then follow the ſeveral clauſes preſcribing the means to effect this end, and alſo a ſchedule of the queſtions to which an- ſwers are to be returned. There now ſeemed to be a ſerious intent in the legiſlature to inveſtigate this important queſtion; and a preamble better adapted to the purpoſe, and more expreſſive of the ſe- rious magnitude of the ſubject, the neceſſity of inveſtigating it, and remedying the evils com- plained R 2 252 L E T T E R XXI. : 1 plained of, could not have been prefixed to the enacting clauſes; and theſe clauſes, are in general well calculated to obtain the end re- quired; but ſurely an omiſſion appears in the ſchedule of queſtions annexed. 1. What was the amount of the aſſeſſments for the relief of the poor in the year ending at Eaſter 1776? II. How much of thoſe aſſeſſments was applied for the relief, or on account of the poor, and how much for the payment of county rates, or any other purpoſes, diſtin- guiſhing alſo, the amount of what was paid for the rent of work-houſes, or paid, or allowed for habitations for the poor; and if any poor , reſide in houſes built at the expence of the pariſh, townſhip, or place, ſtate the total an- nual value of ſuch houſes? III. What number of poor have received conſtant relief during that year, and what has been the expence thereof, as near as the ſame can be eſtimated ? IV. Is there a work-houſe in the pariſh; if ſo, what number of poor will it accom- modate? V. What L E T T E R XXI. 253 1 1 V. What was expended in litigations about ſettlements, removals, appeals, or other diſ- putes concerning the poor within that year, , diſtinguiſhing how much of ſuch expences aroſe from diſputes with pariſhes, townſhips, or places, not within the county, riding, divi- ſion, precinct, foke, franchiſe, liberty, city, or county corporate, wherein ſuch pariſh, town- ſhip, or place lay? The return made from the poor rates to parliament, ſtated to be from Eaſter 1775 to Eaſter 1776, in anſwer to the preceding queſtions, amounted, as appears in the An- nual Regiſter for 1777, to the following total reſult; ! { 3. S. Money raiſed. £, d. England, 1,679,585 0 Wales 40,731 14 7 County rates. £. d. 131,387 18 11 6,268 11 9 0 1,720,316 14 7 137,656 10 8 i Expended on the Poor. England, 1,523,163 127 Wales, 33,6.0 138 Rents, Litigation, 78,176 40 33,935 180 2,120 10 7- 1,136 2 S 1 1 1,556,804 63 80,296 14 7 -- 35,072 08 R 3 The 254 LETTER XXI. Fifen The continual. diſtreſſes of the poor, are mentioned in the preamble to the act, as one of the ſtrong inducements to the inquiry; and alſo, that information of the State of the poor is neceffary to be procured, does any one of theſe queſtions in the ſchedule red this point? dass any of the questions aſk, what are the prevailing diſtreſſes arrong the poor in your pariſh? do they ariſe from their own ex- travagance, or from the price of labour ? are the neceſſaries of life rifen in price? has the earnings of the poor riſen proportionably? what is the ſtate of their morals? are they greater drunkards, more lazy, than heretofore? is the number of ale-houſes incrcated within the laſt fifty years? is the produce of excile in your pariſh more than formerly, ard to what amount? Theſe, or ſome ſimilar questione, would have expoſed the cauſe of the freis of the poor, and their real ſtáte ; which, if this overſeers could not have anſwered, the reading clergyman's knowledge of the ſubject migtit have been called in aid, and the information, ſtated as neceſſary in the preamble, would have been obtained; but all this part of the inveti, gation is forgot in the act itſelf, and the in- quiry 1 L E T T E R XXI. 255 ! quiry goes ſolely to the quantum of the rate, and the mode of expenditure. And what great leading regulation followed from this important enquiry? What was the happy reſult from this great body of informa- tion obtained by all the force and energy of the conſtitutional legiſlature? 'Alas! Parturiunt montes! But nothing was brought forth; this maſs of information, thus conſtitutionally obtained, has ſerved for nothing but waſte paper paper ; and à neceſſary folemn enquiry, anſwered on oath, which coſt the nation thouſands of pounds, and the magiſtrates and overſeers of the poor throughout the kingdom not a little trouble and attention, tended to no one good end what- ever. Surely when theſe great phyſicians of the ſtate had felt the pulſe of the patient, and weighed with due ſolemnity every ſymptom of internal decay, they found themſelves un- equal to attempt the cure, and gave up the caſe as loſt. after the return of the overfvars had been received by the clerk in parliament; inſtead of any code of police, affecting this very important ſubject, we find a trivial, yet very Two years ) R 4 7 256 L E T T E'R XXI. very proper alteration in one of the ſections of the 43d of Eliz. changing the period to which pariſh apprentices ſhall be bound by in- denture to the age of twenty-one years, inſtead of twenty-four ; this is effected by 17 Geo. III, cap. 48 Many applications from particular pariſhes, diſtricts, and hundreds, ſtill continued to be inade to parliament, for acts to relieve, regu: te, and maintain the poor, within their re- ſpective local ſituațions ; and many acts ac- cordingly patied, greatly to the emolument of the Speaker, and the officers of the Houſe, and much, it is to be hoped, to the general good of the places applying; amongſt others, pailed in the 17th of this reign, are two, incor- porating the hundreds of Hartſmere, Hoxne, and Thredļing the hundred of Cosford (ex: cept the pariſh of Hadleigh), and aļſo the pa: riſh of Polſted, in Suffolk. The fair conclu, fion to be drawn from theſe inſtances, is, that as the legiſlature felt the ſubject at large of toq great a inagnitude for their attention ; thoſe diſtricts, moſt preſſed by the urgency of neceſa fity, found theinſelves obliged, at their own expence, / L ETTER XXI. 257 > expence, to apply for leave to take care of themſelves. By ſtat. 20 Geo. III. cap. 46. it is directed that all perfons to whom any children ſhall be appointed to be bound, in purſuance of any act for the relief of the poor in any particular diſ- trict in England, Mall be obliged to provide for them ; but that no perſon ſhall be com- pellable to take a poor child apprentice, ex- cept he be an inhabitant and occupier of lands, &c. in the pariſh to which ſuch child ſhall belong; and that baſtards born in houſes of induſtry ſhall belong to the mother's pariſh. In the 22d year of this reign, a long act paſſed, intitled, “ An act for the better relief and employment of the poor ;” which, al- though not ſo expreſſed in the preamble, ap- pears to be an aggregate of all the beſt regu- lations, which had been brought before par- liament by the multitude of acts which had of late years paſſed for the incorporating pariſhes, particular diſtricts, and hundreds, and main- taining and employing the poor therein. The conſiderable length this act is extended to ; comprehending in it, all the neceſſary di- rections for the proceeding of pariſhes, where two 258 } L E T T E R XXI. . fwo thirds of the owners and occupiers. of land agree to unite; the male of appointing the different neceſſary oficers and their duties, the qualification of the voters at their meetings, the application of the poor's ráte raiſed in the different parillies uniting, together with the multifarious directions reſpecting the internal police of an united houſe of induſtry, would render the moſt conciſe abridgement of this act too long for the attention of thoſe who may run the eye over theſe curſory obſerva- tions ; beſides that, it would be of no real ſervịce ; as any pariihes wiſhing to unite on the power and principles of the act; muſt have recourſe to the act itfelf, which appears to have thus much uſe in it, that it renders the expence of obtaining an act of parliament un neceffary, provided the parties agreeing to unite are ſatisfied with this code of regula- tions, and can make them coincide well with their own views and intentions, It is not in my power to aſſert pofitively, but it is believed, that very few pariſhes have taken the advantage this act lras given, and have united for the purpoſe of relieving and employing A L E T T E R XXI. 259 , employing their poor, by virtue of the powers, and ſulject to the regulations of this ſtatute. What can have been the reaſon, that ſince the legiſlature has opened the means to an union of pariſhes without the expence of an act of parliament, for thoſe very purpoſes; to obtain which many applications had been made to parliament, at an expence of ſome hun- dreds of pounds in the outſet of the ſcheme, ſo Very few inſtances ſhould have appeared, of pariſhes uniting by virtue of the powers in this acts If we ſuppoſe experience to have proved, that general good has ariſen in thoſe pariſhes which have been incorporated by different acts of parliament, this is a queſtion which will not foon be reſolved; becauſe it is not eaſy to ſuggeſt a reaſon for thoſe advantages to be refuſed when offered gratis, which have in a great many inſtances been obtained at a con- fiderable expence; and in the united pariſhes in the county of Suffolk, the fact, that the poor rates have greatly decrealed, is generally allowed. Why then is not the greateſt part of the kingdom incorporated into convenient diſtricts, for the purpoſe of relieving and maintaining 960 L E T T E R XXI. . maintaining their poor by means of the pow- ers and regulations of this act? Why have we very few, if any, inſtances of this act be. ing enforced ? We cannot ſuppoſe that the clauſes in the act militate in generał with the regulations trofe pariſhes which wiſh to unite, would chuſe to embrace, becauſe they are a ſelection of the beſt general regulations from all the acts applied for by the pariſhes incorporated; but does it not ariſe from the want of a centre of union; a man of conſequence and ability, whoſe influence could render the fluctuating conſents of a number of intereſted people ſtea- dy, and fix them to the plan they have in agi- tation, but cannot abſolutely reſolve on? The attorney who was applied to when a bill in parliament was to be paſſed, is this kind of perfon ; he was intereſted in bținging the de- termination of the leading men in the differ, ent pariſhes to a point, and fèxing them in their refolves; but now no one man takes any more intereſt in the matter than as an individual among equals; and moſt men underſtand and feel themſelves inclined to ſupport, in all its purity; ز L E T T E R XXI. 261 purity, the maxim, inter pares, equalis eſt po- teſtas. In the 26th year of this reign, cap. 56. another act paſſed, to oblige the overſeers of the poor to make a return on oath to certain queſtions relative to the ſtate of the poor : the preamble to this act is the fame; and the act itſelf pro- ceeded on much the ſame plan and principle as that which has been mentioned to have paſſed in the 16th of the king, except that a penalty of 50l. for making falſe returns is added, and alſo a clauſe ſubjecting perſons taking falſe oaths to the pains and penalties of thoſe con- victed of wilful and corrupt perjury; the quel- tions aſked are alſo fomewhat different. And in the ſame year, by cap. 58. an ad paſſed for procuring, on oath, returns of all charitable donations for the benefit of paor perſons, throughout that part of Great Britain called England and Wales; the returns are to be made in writing, on oath, by the miniſter and churchwardens of each pariſh; this act gives ſimilar powers, and is arıned with ſimilar penalties as the other. LETTER [ 262 ) L E T T E R XXII. L THE following queſtions were referred, by the act of parliament which paſſed in the 26th year of the preſent reign, to the over- ſeers of the poor, to which they were obliged to make returns upon oath. Queſtion I. What money was raiſed by af- ſeſſments for the relief of the poor in the re- ſpective years, ending at Eaſter 1783, 1784, and 1785? II. What number of poor received con- ftant, and what number occaſional relief, dur- ing each of the ſaid years, as near as you can aſcertain the fame? III. How much was paid out of the ſaid money in each of the ſaid years, for expences of overſeers in journies, and attendance on ma- giſtrates and others; and how much for en- tertainments L ET TER XXII. 263 tertainments at meetings of the inhabitants on affairs relative to the poor? IV, What payments were made out of the faid money for law buſineſs, and for orders, examinations, certificates, and other proceed- ings reſpecting the poor in each of the faid .' .. three years? V. How much of the money collected un- der theſe aſſeſſments, was applied for the pay- ment of county rates, or any other, and what purpoſes that did not concern the poor? VI. How much of the ironey ſo raiſed, has been expended in providing inaterials and uten- fils for ſetting the poor to work ? The returns made by the overſeers to theſe queſtions, in purſuance of the act alluded to, were digeſted into form, and an abſtract print- ed, containing every pariſh in England and Wales, reduced alphabetically under their re- ſpective counties and hundreds, giving an ac- count, under fourteen diſtinct columns, of the name of the hundred within which the pariſh is ſituated; the money raiſed by aſſeſſment for the years 178.3, 1784, and 1785, and the me- dium of thoſe three years; expeńces not ap- plicable 264 LETTER . XXII. plicable to the poor ; the medium of net mo- ney annually paid for the poor ; net money paid for the poor in 1776, taken from the re- turns then made to parliament; and heads of particular expences; the general totals of which, for England and Wales, are as fol- low : Money raiſed by Aleſſment. £ s. d. For the year 1783England, 2,068,585 7 i Wales, 63,901 5 5 1 1. I 1 2,132,486 12 2 For the yea r. 1784.England, Wales, 2,117,432 II 68,456 16 8 2,185,889 78 · For the year 1785.-England, Wales, 2,115,775 2 5 69,129 16 6 2,184,904 18 11 Medium of thoſe years.-England, 2,100,587 16 11 Wales, €7,161 16 9 2,167,749 13 8 Expences L E T T E R XXII. 265 Expences not applicable to the Poor. to si di Medium of money applied for county pur- poſes, vagrants; inilitia, bridges, gaols, &c. England, Wales, 113,714 15 6 5,565 II 4 1 119,280 6 10 Medium of expences not concerning the poory repairing churches, roadsz falaries to miniſters, &c. England, Wales; 43,223 Ś 1,007 15 4 44,231 O II Medium of net money annually paid for England, 1,943,649 15 10 Wales, 60,588 10 1 the poor. Net expence's in 1776, 2,004,238 511 1,529,780 O Increaſe, 474,458 5 10 Net expences for the poor in 1776, taken from the returns then made to parlia- ment. England, 1,496,129 6 3 Wales, 33,650 13 10 1,529,780 0 1 VOL.I. S Heads 266 XXII. LE T T ER E R S. d. Heads of particular Expences. £ Medium expences of overſeers in journies, attendances on magiſtrates, &c. England, 23,545 0910 Wales, 948 178 24,493 18 6 Medium expences of entertainments at meetings relative to the poor. England, Wales, II,329 15 II 383 4 10 11,713 0 9 : Medium expences of law, orders, exami- nations, and other proceedings relative England, Wales, to the poor. 53,757 II 2,033 II o Q 55,791 2 6 Medium of money expended in ſetting the England, Wales, poor to work. 15,680 14 9 211 14 I 15,892 8 10 The maſs of information thus obtained from that part of the nation, ſubject to the opera- tion L E T T E R XXII. 267 1 tion of the poor laws; digeſted with great la- bour by the committee of the Houſe of Com- mons, which fat for the purpoſe, and printed at no inconſiderable expence; muſt ſurely have given riſe to many uſeful reflections and ob- ſervations, in the minds of thoſe gentlemen who were on the committee ; although their country has not, as yet, reaped any benefit from their very important labours: they muſt ſurely have been ſtruck with the alarming in- creaſe of the annual net expences of the poor ſince 1776, when they were 1,529,780l. to the medium of the years 1783, 1784, and 1785, which is ſtated to be 2,167,7491., a yearly increaſe of expence amounting to near 500,000l.; if they at firſt ſight might con- ceive this vaſt difference to have ariſen from any extraordinary ſcarcity, prevailing through the laſt three years, and examined into the fact, they would have found the average price of wheat, through this period, to have been 21. 35.7d. and that the average price for 1776 was 21. 25. 8d. being an exceſs only of ind. per quarter, or not 21. 1os. per cent, which will by no means account for a riſe in the ex- S 2 pences 268 L E T T E R XXII. pences of the poor equal to above forty-one per cent. : to other cauſės, therefore, muſt they attribute this amazing increaſed expence, than thoſe which ariſe from the dearneſs of proviſion ; aſſuming it as a fact that the price of bread corn may be taken with ſome degree of accuracy, as a ſign of the price of moſt of the neceffary viands which feed our 'numerous poor; and thoſe who know how the poor live, know alſo, that bread, in fačt, conſtitutes near two-thirds of the expence of a poor family for provifions: the increaſed expence of the years 1783, 1784, and 1785 does not, therefore, ariſe from the increment of neceſſary expences in provifions. Neither does it ariſe, in any great degree, from a deficiency of work or decreaſe of the price of labour ;--the price of labour remained much the ſame as in 1776 ; and in this period the American war had began to drain the na- tion of its population and money, but no great effects had then been felt from it: in the laſt period, the nation was recovering from its lofſes; manufactures were again thriving, and the ſengible part of our countrymen were looking LETTER XXII. . 269 looking up to agriculture, as a means of re- cruiting thoſe fources which the waſte of war had diminiſhed. Although, that an increaſe of expence, ra- ther more than proportional, took place in the great manufacturing towns, is plainly proved from this abſtract, in which Birminghain, Sheffield, Mancheſter, certainly more than keep pace with other towns, where the poor are not employed by manufactures ; yet to be certain how this fact will apply, and what principle may be collected from it, the returns from the ſame manufacturing towns, of the expences of the poor, ſhould be ſeen, for the laſt two or three years, during which, our manufactures have flouriſhed exceedingly; from many in- ffances within the county of Suffolk, the poor rates continue increaſing, although the poor are, or might be in full employ; for inſtance, Glemsford, riſing gradually from 4041. 55. 84. in 1774, to 4561. 75. 40. in 1776, to 5511. the ayerage of the three years 1783, 1784, and 1785, to 10621, 6s. 4d. in 1790, as ap- pears by Mr. Butts' account, in vol. xvii. P. 497. of the Annals of Agriculture; and a ſimilar riſę, but in a leſs proportion, takes place tieto S 3 270 L E T T E R XXII. place at Melford, Clare, &c.; if this is the caſe in general, other cauſes than want of work muſt be fought for. Another obſervation muſt alſo have ſtruck theſe gentlemen, or, at leaſt, thoſe among them who act as magiſtrates in the counties where their reſpective qualifications, as mem- bers of parliament, lie; that the money ex- pended in ſetting the poor to work throughout the kingdom is but little more than what is ſpent in entertainments at meetings relative to the management of their affairs ; not twa- thirds, of what comes under the article of overſeers journies, and attendance on magiſtrates; and about one-fourth of the ſum which is the total under the column of law expences; they muſt alſo recollect, that the firſt ſection of the 43d of Elizabeth, gives authority to the over- ſeers to raiſe weekly, or otherwiſe, by taxation of every inhabitant, a convenient ſtock of flax, hemp, wool, thread, iron, and other neceſſary ware and ſtuff to ſet the poor to work; and that this application of the money, raiſed by aſſeſſment, is the primary obje&t in view of the legiſlature, in that act of parliament, under the authority of which, they perceive, by their printed L E T T E R XXI. 271 printed abſtract, above two millions to be an- nually raiſed on his Majeſty's ſubjects, through that part of the kingdom ſubject to the ope- ration of the act; they muſt alſo know that the application of competent ſums of money, toward the neceſſary relief of the lame, impo- tent, old, blind, and ſuch other of them being poor and not able to work, and alſo for putting out children to be apprentices, was a ſecondary conſideration of the legiſlature, and by no means comes into the fore-ground of the piece; and that law-expences, expences of overſeers in attendance on magiſtrates, ex- pences of entertainments, &c. were not in view, or, at leaſt, like all objects in the back-ground, where the perſpective is well preſerved, were but dimly and indiſtinctly ſeen; but that preſent practice has ſo reverſed all regularity and order in the preſent ſyſtem of the poor laws, as exhibited to the com- mittee, that the great object of Elizabeth's legiſlature is now thrown into the back- ground, and the whole order of the picture reverſed: the concluſion, that muſt be ob- vious to every one, is, that the 43d of Eliza- þeth, like Mr. Gamon's Act, reſpecting out- ſide S 4 272 L E T T E K XXII. fide paſſengers in ſtage-coaches, although the law of the land, is not the practice of the land. The total ſum falling under the column of expences of entertainments, 11,7131. cer- tainly is not much for the number of pariſhes in England and Wales; but it leads to the expences contained under the heads of law, buſineſs, attendances on magiſtrates, journies, &c.; theſe two columns form no inconſider- able total, 80,2851.; when a veſtry, which ought to 'meet and conclude the buſineſs of their meeting in a part of the church appro- priated for that purpoſe, adjourns to the neighbouring ale-houſe, the trifle which they expend of the poor's rates is not all ; pariſh buſineſs is the object; at a meetiug of neigh- bouring pariſhioners, having a common topic to converſe about, ſome foon become inte- reſted in defending their opinions ; more talk requires more liquor, and their determinations are made, not like thoſe of their German an- ceſtors, deliberant dum fingere neſciunt : conſti- tuunt dum errare non poſſunt; but they reverſe the order, they deliberate, while they are ſo- ber, and determine when they are drunk hence ; L E T T E R XXII. 273 hence journies to magiſtrates, orders of remo- val on doubtful ſettlements, appeals to ſef- fions, from thence to the King's-Bench; hence attorney's bills, and enormous affefi- ments. Was no order of veftry good, or no pariſh officer to be indemnified in expending the pariſh money in law conteſts, unleſs by an order of veftry, ſigned before noon, in the pariſh church, after regular notice given, and no adjournment allowed, much of the article of expence would diſappear. Another uſe may alſo be made of this ab- Itract; there are fome very able, although not accurate, obſervers of what reſpects the poor, who have imagined, that the great increaſe of our expences, relating to them, has ariſen from temporary want of work; it may be re- collected, that this cannot happen where the employment is agriculture, becauſe this oc- cupation always requires nearly the ſame num- beř of hands all years, and is independent of any deſultory call for work; which may, as all manufactures do, the demand of which is uncertain, give full employment to the poor ſome years, and leave them to fubfift on the poor's rates when the demand for the manu- facture 274 L E T T E R XXII. poor, from facture ceaſes; a compariſon being made of the medium of net expences of the the returns made to parliament in 1776, and the medium of 1783, 1784, and 1785, taking the total of five or ſix of thoſe pariſhes, which may be known by the perſon making the comparifon, to depend principally, or entirely, on agriculture; the increaſe on the laſt me- dium will be found to riſe from thirty to above forty per cent. more than the expence was in 1776, a riſe by no means to be accounted for on the principle of the advanced price of the neceſſaries of life during this interval ; and the idea of want of work in theſe pariſhes, which are thus ſelected, as being employed in agriculture, muſt be thrown out of the caſe ; the effect then muſt have ariſen from ſome other cauſe; a cauſe, I fear, neither tending to the comfort of the poor, nor the credit of the overſeer. That column which contains the medium of expences not concerning the poor, viz. re- pairing churches, roads, &c. ſalaries to mini- fters, &c. amounting to 44,2311. certainly ought not have made its appearance in this abſtract, becauſe no part of the money col- lected L E T T E R XXII. 275 lected by aſſeſſments for the relief of the poor ought to have been applied to purpoſes ſpecifically different from thoſe to which the rate appropriated by the 43d of Elizabeth, and which have their different funds provided for them by other authorities; the church- wardens rate repairs the church; the ſur- veyors rate repairs the roads; and the eccle- fiaſtical eſtates are amply ſufficient for pro- viding and paying ſalaries to miniſters : it is, therefore, ſome matter of ſurpriſe, why the poor's rate is clogged with ſuch a conſiderable fum, which is foreign to its proper applica- tion ; in well regulated pariſhes ſuch charges on the poor's rate are not admitted ; and ma- ny blanks, conſequently, appear againſt indi- vidual pariſhes under this column. No abſtract of the returns made to the fe- cond queſtion appears, which inquires what number of poor received conſtant, and what number received occaſional relief? A queſtion of, at leaſt, equal importance to any of the others, as the aggregate would have been nearly, if not fully, a return of all the poor throughout England and Wales; or at the leaſt it would have informed us of the number of thoſe who have 176 L L E T T E R XXII. G have been at any time, within the three years a burthen on the public; why the committee did not inform themſelves of this fact; it is no eaſy matter to gueſs ;-poſſibly the returns were too incomplete to afford any certain ing formation ; but if that was the caſe, the queſtion ſhould have been repeated from year to year, until the returns had been accurate and full, becauſe this fact muft be known before any radical cure can be attempted, as it leads to a certain knowledge of the extent of the diſeaſe. The report from the committee, appointed to inſpect and conſider the returns made by the miniſters and churchwardens, relative to charitable donations, for the benefit of poor perſons, in purſuance of the 58th chapter of the ſame year ; ſtates, that it appears by a for- mer report, made under the ſaid act the 23d day of May 1787, that out of near thirteen thou- fand pariſhes, from which returns of charitable donations have been required, there were only fourteen pariſhes that had made no ſuch re- turns. That the committee directed an abſtract to be made of the returns; but finding, on in- fpection of the abſtract, tha: a great number of l' L ET T E R XXII. 271 of the pariſhes had made defective returns, ſome by not naming the perſons who gave the charities, others by not naming the truſtees, others by not deſcribing whether the donations were in land or money, others by not de- fcribing the produce of the money, lands, or rent charges, ſo given. The committee di- rected their chairman to write circular letters to the miniſters and churchwardens of all the pariſhes, &c. where ſuch omiffionis appeared, requiring them to ſend more perfect returns. The committee then reports, that about 4065 letters had been ſent, that anſwers had been received to about 3376 of them, 'many of which had given the explanation required; and many others had ſtated that they could give no further information. That the committee have cauſed the pro- duce of the ſaid charities, in land and money, as far as they can be collected from the ſaid returns, to be caſt up in each county ; by which the annual amount of the produce of the money and land, through England and Wales, appears to be : 3 MONEY i 278 L E T T E R XXII. MONEY. England, £. 46,173 9 9 9 Wales, 2,070 0 O 8 48,243 10 5 LAND. England, f. 206,301 8 8 Wales, 4,166 0 2 210,467 8 10 Making together a total of £. 258,710 19 3 And that the committee had reaſon to be- lieve, very conſiderable further ſums will ap- pear to have been given for the like charitable purpoſes ; whenever proper means can be found for inveſtigating and compleating thoſe diſcoveries, by extending the inquiries to cor- porations, companies, and ſocieties of men, as well as feoffees, truſtees, and other per- fons. The committee alſo obſerves, that face of the ſaid return, many of the charitable donations appear to have been loſt, and many others are in danger of being loſt, and that the matter ſeems to be of ſuch magnitude as to call for upon the L E T T E R XXII. 279 for the ſerious and Speedy attention of parlia- ment, to amend and explain the act, by ſpeci- fying, with certainty and preciſion; the objects to which they may think fit to direct : their inquiries, in order to procure full and fatiſ- factory returns, and the eſtabliſhment of ſuch meaſures as may be effectual for the relief of the poor perſons who were the objects of the ſaid donations ; and for carrying the charitable purpoſes of the donors into execution. The committee appears to have been ſtrong- ly impreſſed with the idea, that much infor- mation on the ſubject was intentionally with- held, and that a more minute inveſtigation was neceſſary to acquire a ſufficient inſight into this important branch of the revenue belong- ing to the poor; when it is recollected, that the inquiry on this head, was made with a view to the beſt of purpoſes, that of regulating the application of theſe eſtates, which had, from moſt diſtant times, been left by charita- ble donors to the uſe of the poor ; and that the information is required from thoſe who are the proper guardians of theſe eſtates; and the queſtions are accordingly applied to the mini- ſters of pariſhes, and the churchwardens; it is 280 L E T T E R XX1:1. Í is a matter of ſurpriſe that ſuch faulty or des ficient returns were made ; but is-it not matter of greater ſurpriſe, that the committee ſhould ſtand in need of more full and 'ſatisfactory re- turns, in order to eſtabliſh ſuch meaſures as may be effe&tual for the relief of the objects of the faid donation, while the ſtatute of charitable uſes, paſſed in the 43d of Elizabeth, is the law of the land? and which was paſſed with a view of ſnatching theſe eſtates from the hands of thoſe harpies, who would then, as they will now, if they can, divert their produce from the poor into their own pockets. This ſta- tute paſſed in the ſame year as the leading ſtatute which reſpects the poor, and forms part of a plan, at the time in contempla- and a very prudent part it is, to make as productive as poſſible that revenue which the poor could claim as their right; at the ſame time as they took from the pockets of their richer fellow-citizens, what that re- venue might, when applied according to the intention of the donors, fall ſhort of ſupplying their abſolute neceſſities. This ſtatute impowers the chancellor or keeper of the great ſeal, and the chancellor of tion; L E T T E R XXII. 281 of the dutchy.of Lancaſter, for the time being, within the dutchy of Lancaſter, to award.com- miſſions to the biſhops of every dioceſe, and to other perſons of good and found behaviour, or any four or more of them, authoriſing them to inquire, as well by the oaths of twelve men, or more, of the county, as by all other good and lawful means, of all and ſingular ſuch eſtates, and gifts, &c. and of all abuſes and breaches of truſt reſpecting them; an uſeful and neceſſary commiſſion, which, if iſſued in thoſe inſtances where the committee ſuſpects information to be held back, would be equal to every good effect, and preclude all neceſſity for more acts of parliament on this head, either to compel a diſcovery, or to enforce an appli- cation of the rents and profits of thoſe eſtates, to the purpoſes for which they were originally granted. 1 t Vol. I. T LITTER [ 282 ) L E T T E R XXIII. THE hiſtory of the Poor Laws, with ob- ſervations, is the firſt publication of any conſequence on this ſubject, which appeared in his preſent Majeſty's reign; and the fame author's name being in the title page, as in that well known book, Burn's Juſtice, the reader has reaſon to expect much information on the ſubject, nor will he be diſappointed. Burn lays the foundation of his inquiry in re- mote antiquity, informing us how the poor were maintained in this country as ſoon as we began to enjoy the firſt dawn of civilization, and proves that the eccleſiaſtic revenue was ſubject to the burthen as far as one fourth of the produce at firſt, and one third afterwards ; to this purpoſe he quotes Kennet's Impropr. 14, 15. and ſays, that the poor alſo received fome L E T T E R XXIII. 283 ſome portion of their maintenance from the alms of the people, and from the monaſteries. He then recites, rather fully, all the ſtatutes relative to the poor, dividing them into three heads; · ſervants, &c. vagrants, and impotent poor. Obſervations on the ſtatutes, form the fifth chapter ; and here I muſt expreſs my diſap- pointment, in not receiving any information from this able writer ; at what time, and by what means the poor in particular, and the nation at large, loſt their hold on that portion of the ecclefiaftic revenue, which he ſtates them originally to have enjoyed. The author of Burn's Eccleſiaſtical Law was aſſuredly able to give full information on this important ſub- ject; and it was a neceſſary part of his plan; becauſe he is obliged to lay the foundation of the compulſory maintenance, which they now partake of, in the cuſtom of begging ; a practice which, in his chapter on further regulations, he very ſtrongly deprecates, and is of opinion it ſhould be utterly aboliſhed: whereas, the cuſtom of begging has its moſt natural foun- dation in the want of neceſſary relief; an ex- igency, urgent in proportion as they were de- prived T 2 284 L E T T E R XXIII. 1 prived of their juſt ſhare of this eleemofynary revenue ; which being withdrawn gradually by the eccleſiaſtics, the poor were encouraged from the pulpits to beg that maintenance of the people at large, which they had a right to from the eſtates of the church in a certain pro- portion ; and which being exhauſted, they then might reaſonably have been permitted to aſk alms from the people, and not before. On this topic he is filent, and tells us, " that the miniſter was to take all opportunities to exhort the people to be bountiful :-houſes were to be provided for them by the devotion of good people, and materials to ſet them on ſuch work as they were able to perform :---then the mi- niſter, after the Goſpel, every Sunday, was ſpecially to exhort the pariſhioners to a liberal contribution :---next, the collectors for the poor, on a certain Sunday in every year, imme- diately after divine ſervice, were to take down in writing what every perſon was willing to give weekly for the enſuing year ; and if any ſhould be obſtinate and refuſe to give, the mi- niſter was gently to exhort him; if he ſtill re- fuſed, the miniſter was to certify ſuch refuſal to the biſhop of the dioceſe, who was to ſend for L E T T E R XXIII. 285 ; or and exhort him in like manner; if he ſtill ſtood out, the biſhop was to certify the ſame to the juſtices in ſeſſions, and bind him over to appear there; and the juſtices at the ſeſſions were again gently to move and perſuade him and finally, if he would not be perſuaded, then they were to affeſs him what they thought rea- ſonable towards the relief of the poor : and this brought on the aſſeſſment in the fourteenth year of Queen Elizabeth.” Such is Dr. Burn's deduction of the compulſory mainte- nance. Now, it is obſervable, that whatever of compulſion there might be in this duty of the miniſter, who, it is ſtated, was to take all opportunities to exhort, it did not receive its ſanction from the law of the land, until the 27th year of Henry the Eighth; therefore, many centuries before that period, it was a voluntary act on the part of the eccleſiaſtics, who gradually withdrew that portion of their tythes, belonging to the poor, from their uſe, as they were able by their influence to per- fuade the pariſhioners to reinſtate by their alms; and hence aroſe the neceſſity of our pre- ſent poor rates. That the poor were, during the times of popery, T3 286 L E T T E R XXIII. t 3 ز popery, maintained chiefly by the religious houſes, is ſtated as a vulgar error : “ their hoſpitality was to the rich; they were great inns ; they entertained thoſe bountifully who could be bountiful to them again.” With this obſervation the former part of our inquiries perfectly agrees. Another fact this treatiſe ſtates as reinark- able, is, “ that every propoſal which hath been made for the reformation of the poor laws, hath been tried in former ages, and found in- effectual." The antiquity of ſettlements is deduced from the more antient ſtatutes, and proved not to have originated from the ſtatute paſſed in the reign of Charles the Second; the doctrine of removals is alſo traced from the ſame ſources. But thus much is clear, that from whatever ſource the idea of them originally ſprung, they are themſelves an abundant ſource of expenſive litigations. The origin and progreſs of the office of overſeer is ingeniouſly traced from the church- wardens, who were the original overſeers, and ſtill by ſtatute law continue fo; becauſe the management of the poor, Dr. Burn ſays, was 1 at L E T T E R XXIII, 287 at firſt ſolely an eccleſiaſtical matter ; another proof that the clerical eſtates conſtituted the principal fund of their maintenance: “ in aid of the churchwardens, colle&tors were ap- pointed, and afterwards the overſeer.” Begging is traced from the firſt ſtatute in the 23d of Edward the Third, " when none under the colour of pity and alms were to give any thing to ſuch as might labour, under pain of impriſonment,” to the laſt act of parliament in the 17th of George the Second, which makes it the firſt ſtep towards vagran- cy, “ perſons begging within their own pa- riſh, being deemed idle and diſorderly perſons, and to be ſent to the houſe of correction." Badging of the poor, which is directed by the 8th and 9th of William the Third, is ſup- poſed to have ſprung from the military inſti- tution, when the nobility diſtinguiſhed their followers with peculiar enſigns. What obfervations there are in Burn's tract, reſpecting the vagrant laws, relate chiefly to their extreme ſeverity ; it is a matter of ſelf-gratulation, that, in a former part of theſe pages, the writer ſhould have fallen into a train of ſimilar ſentiments on this head. Rating T 4 288 L E T T E R XXIII. Rating the wages of fervants by ſtatute, has alſo fallen under our conſideration; no addi- tional information is to be found in his ob- fervations on theſe ſtatutes, except the affer- tion, that by the experience of four hundred years, it appears, that the that the regulating the prices cf work leaves no room for induſtry and inge- nuity; “ for if all perſons, in the fame kind of work, vere' to receive equal wages, there would be no emulation." The cloathing of the poor, in antient times, is difcuffed ; and, from the argument, it ap- pears, that the ſtatutable cloathing, in the reign of Edward the Third, for handicrafts and yeomen, was not to exceed 4s. 6d. a yard, or thereabout, eſtimating by the money of the preſent times; for which price a ſtrong and warm cloathing might ſtill be purchaſed. This tract then gives an account of the dif- ferent ſchemes for reforming the poor laws ; and goes at ſome length into Lord Hales's, Sir Joſiah Child's, Mr. Cary's, Mr. Hay's, Mr. Alcock's, Anonymous, Lord Hilfbo- rough's, Sir Richard Lloyd's, Mr. Fielding's, and Mr. Cooper's plan ; all which have been alrcady explained in the former pages of cur ſtrictures L E T T E R XXIII. 289 i ſtrictures on this ſubject. We then come to the ſeventh chapter, in which the author pro- poſes farther regulations. • Thus,” he faith, “ hath the wiſdom of the nation, in parliament, and of individuals, been einployed in providing properly for the poor ; and yet they are not properly provided for.” The fact is true; but it ought not to induce an opinion, that it is impoſſible to me- liorate their ſituation, and lighten our bur- thens. Et quoddam frodire tenus. Two particulars, he ſays, ſhould be rectified, until time and experience ſuggeſt further al- teration : firſt, to prevent the nuiſance of com- mon begging :---the means he propoſes are, give them nothing; " if none were to give, none would beg, and the whole myſtery and craft would end in a fortnight:' and in order to bring this about, he would have all who relieve a common beggar be ſubject to a pe- nalty. Surely the principles of liberty, po- licy, and humanity, all equally militate againſt ſuch a regulation ; experience alſo has proved its inſufficiency for the purpoíe: in times of ignorance the experiment was made, and found ineffectual, 290 L E T T E R XXIII. ineffectual. By the 23d of Edward the Third, pione were permitted, under colour of alms, to give any thing to ſuch which may labour, un- der the pain of impriſonment. This ſtatute was repealed by Edward the Sixth. The other fundamental defect is, according to this writer, in leaving the whole manage- ment to thoſe annual officers called overſeers of the poor; and the practical duty of ſuch am officer is ironically pointed out with ſome hu- mour : “ he is to keep an extraordinary look out, to prevent perſons coming to inhabit without certificates, and to fly to the juſtices to remove them; and if a man brings a certifi- cate, then to caution all the inhabitants not to let him a farm of rol, a vear, and to take care to keep him out of all pariſh offices; to warn them, if they will hire ſervants, to hire them half-yearly, or by the month, by the week, or by the day, rather than by any way which ſhall give them a ſettlement; or if they do hire them by the year, then to pick a quar- rel with them before the year's end, and ſo to get rid of them : to maintain the poor as cheap as poſſible they can at all events; not to lay out twopence in proſpect of any future good, but L E T T E R XXIII. 291 1 but only to ſerve the preſent neceſſity; to bar- gain with ſome ſturdy perſon to take them by the lump, who yet is not intended to take them, but to hang over them in terrorem; if they ſhall complain to the juſtices for want of maintenance, to ſend them into the country a begging; to bind out poor children appren- tices, no matter to whom or to what trade, only take care that the maſter lives in another parish; to move heaven and earth if rth if any diſ- pute happens about a ſettlement, and in that particular to invert the general rule, and ſtick at no expence; to pull down cottages, to drive out as many inhabitants, and admit as few as pofſibly they can;" with many other ironical directions, reminding the reader of Swift's Ad- vice to Servants ; by which it is apparent, that this our great luminary in the duty of ma- giſtrątes knew well that the office of an over- ſeer was ſometimes neglected, ſometimes per- verted, and but ſeldom properly executed. He therefore is of opinion, that the office ſhould not be entirely aboliſhed, but that a general ſuperintendant over a certain number of pariſhes, as the juſtices in ſeſſions ſhall find moſt convenient, ihould be appointed; and that 292 L ET T E R XXIII. 1 that the overſeer ſhould collect the rate, and it ſhould be applied under the direction of the fuperintendant, whoſe bufineſs he more par- ticularly points out. To aſſiſt this purpoſe, he recommends monthly ſeſſions to the juſtices, at which the churchiwardens, overſeers, and fuperintendant ſhould attend, give in their report, and receive further orders; and thoſe who think them- ſelves aggrieved at theſe diſtrict ſeſſions ſhould have a right of appeal to the quarter ſeſſions. To inſure attendance, he propoſes that the juſtices ſhould be allowed half a guinea à day out of the county ſtock, and ſays, that theſe monthly ſeſſions might alſo be uſeful to carry into execution the acts of parliament reſpect- ing the highways then in force, together with that variety of buſineſs, which is now the employment of juſtices at their common meet- ings or ſpecial fefſions. A curious inſtance is mentioned from a book of " the Police of France," written about 1753, which proves, that at the ſame time the French were anxious that their police, rer ſpecting the poor, ſhould be put on the ſame footing as our Engliſh poor laws, ſeveral pro- poſals . L ETT ER XXIII. 293 . poſals were publiſhed in London recommend- ing ſuch a method of maintaining our poor as was then practiſed in France; viz. by general hoſpitals in provincial towns; exemplifying, in a very ſtrong light, the truth of Horace's maxim, laudet diverſa ſequentes. The French mode, he very properly ob- ſerves, will annihilate all family connections, and will create a populus virorum, and a populus mulierum, which at the ſame time that it lef- ſens the number of the poor, will tend to de- populate a kingdom. A county, inſtead of a påriſh ſettlement, provided the poor could be maintained on a county plan, he thinks might be adviſeable; but that the idea of ſettlements ſhould not be aboliſhed, “ only reſtrained, to the place of birth, or of inhabitancy for one or more years, and that ſuch a reſtriction would tend to abo- liſh certificates by deſtroying the cauſe of re- quiring; granting, or denying them.” Horv this would be effected by reítraining ſettlements to the place of birth or inhabitancy, for one or more years, I confeſs myſelf not able to ſee ; that the number of law ſuits, to aſcertain the ſettlement, : 294 L ÉTT ER xxiii. ſettlement, might be diminiſhed, is plain, but that certificates to authoriſe the pauper to live elſewhere, would be as neceſſary as at preſent, is alſo equally obvious. A reduction of all the poor laws into one is recommended ; as is alſo a reduction of the highway laws into one. The laſt alteration has heen effected by the 13th of the preſent king, chap. 58. and has undoubtedly much ſimplified their uſe and operation, and rendered them, in moſt inſtances, a practicable and uſe- ful code--equally good effects would ariſe from a ſimplification of the poor laws. A code of acts of the legiſlature, militating in ſome inſtances with each other, whoſe ſeveral dependencies and connections are not eaſy to be diſcovered by a ſuperficial obſerver, or tem- porary officer, who muſt pick his duty out of the Statutes at Large, forms no bad apology for ignorance; and ignorance, at the ſame time that it excuſes neglect, becomes alſo a cloak to intereſted miſtakes. Theſe are the chief notices which the au- thor of the Hiſtory of the Poor Laws has made on the ſubject; there are ſome other obſervations on the defects of the law, under the L E T T E R XXIII. 295 the adminiſtration of juſtices of the peace, which do not immediately relate to the poor, and therefore may very properly be paſſed over, more eſpecially, as it is apparent from the ſmall ſale of the book, although ſanctioned by his well known name, that it is by no means a ſubject which has excited much at- tention, or is generally ſtudied, although it very intimately concerns all claſſes of people. In 1764, a pamphlet, publiſhed by Becket, Obſervations on the Number of the Poor, and on the heavy Rates levied for their Bene- fit; ſtarts an idea on the ſubject, that, whe- ther true or not, proves ſome theoretic prin- ciples in the ſecond part of Pain's Rights of Man, to have no claim to originality. “ The law of primogeniture creates po- verty; and poverty, thus created, is ſupported by the ſtate ; therefore, however the name and thing may be qualified, the genteel poor being maintained by their country, is analo- gous to the vulgar poor being caſt on the pa- riſh. 66 Hence ariſes all the danger to our liber- ties, ſuch as they are, and the progreſſive re- trenchment of them; theſe are the men whoſe attention 296 L ETTER XXIII. attention is continually turned to enſlave their country, and it is a natural circumſtance, ariſing from the circumſtances they are in, which if they do not amount to a juſtification, yet inuſt be admitted as an alleviation. What is a country to thoſe who inherit from it no- thing but an obligation to hold up an empty rank? When ſuch are attached to the go- vernment for bread, what is more natural than that they ſhould exert their talents to render their dependence as permanent as pof- ſible, and endeavour by all adviſeable means to ſtrengthen and enlarge the power of admini- ſtration over the people ? As families increaſe, the number of political geniuſes ſo fubfifted, and ſo employed, and who fo employ them- ſelves, in order to be ſubfifted, vaſtly out- number thoſe attached to the cauſe of their country by their landed poſſeſſions, and who are but the units of their reſpective families ; hence ariſes the neceſſity of multiplying taxes, which, however refined and plauſible the pleas for them may appear, ſpring in a great mea- furc from the cbligation to provide for the nu- merous branches thus lopped off and denied any tharc of nouriſhment from the family ftems. ' This L E T T E R XXIII. 297 This writer ſo entirely loſes the avowed purpoſe of his pamphlet in the title page'; fo neglects the intereſts of the real poor, in at- tending to the political conſequences reſulting from the number of genteel poor ; that it is futile to follow him any farther in a ſubject which opens a field of argument vaſtly too ex- tenſive for this publication, and foreign to its intention, END OF THE FIRST VOLUME, VOL. I. a C The Sacand Volume of this Work will be publiſhed with all convenient Diſpatch. Auft publiſhed, In Two Pocket Volumes, (Price 6s. Sewed) THE B A R R I S T E R; OR, STRICTURES on the EDUCATION proper . for the BAR. DO NOT CIRCULATE UNIVERSITY OF MICHIGAN 3 9015 06804 7839 *