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THE NOETHERN STAR SATURDAY, 1L\Y 14, 1842. g - . .
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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THE POOR ; AND POOR LAWS . ¦ ARTICLE I . The question of Poor Lairs has again become one of the immediate questions of the day . The Ministers of the Crown are appsalin * to the Parliament to legislate oa the subject ; having £ iven notice , through the Secretary of Siate for the Home Department , of a motion for leave to "bring in a Bill to continue the lately-established Po ; r Law Commission for another limited period . No question that can be mootsd , or to which the mind ot man can be directed in connection with civil and social interests , is deserving of greater attention , or is of more intrinsic importance
anl no class of society it . more deeply interested in aright settlement of the principles and details of that which alone makes the social compact-valid , or lira due understanding of the momentous matter in sllHte bearings and aspects , than the working-class ; those who lire by the labour of their haiids . It is for the especial be ' neSt and instruction of this class that we devote our labours and time ; and we thiuk thai those labours cannoi be better directed , at the present , than to an examination of this Poor Law question ; so thai the working people may apply the in'ormatioH laid before them to the governmental measures of the day .
The very first , step , then , in this examination ; the very first inquiry that praises irself upon our notice , when we come to treat of Poor Laws , is , WHAT 13 SOCIETY I Or , to put the question in another shape , . , WHAT IS THE NATVBE OF THE SOCIAL COMPACT I When soeieiy was firs ; instituted , property first began . Before thai period , whenever it was , there was no such thing as mi > "e and thise . All things Were holden in common . " First eome , first served , " applied to all the fruits , all the animals , all the birds , ail the fish ; all that vy ^ s produced spontaneously apon the earth ; and all thai was produced in the waters under the earth . The word owner then had no being or signification . The vrhoie soil , with its holes and i : s caverns , its trees and its roots , its
bnshes and its berries , then belonged to all the people , just as the burrows now belong to the rabbits , or the woods to the birds ; and each man had the good things of this world in a greater or leas degree , in proportion to his rkiil , his itrength , and his valor . It was in tais state that that which has been rightly called the first law of uamre , eelf-psbsebxauoXj mainly and lmmeiiately applied ; for ibe law of N-aTCEE teaches every lining creamre to prefer the preservation of its own life to all other things . In this state , men enjoyed the right to liberty ana life . In this s-tate thtre were no bounds to self-enjoyment ; lor n . en were free to take where ' er they feuad . Thi-re was no restraint imposed upon any one by a regard to the good of "his neighbour .
At length this state of things became changed . Mfcii intexed into society . From some cause or other , no matter what , they made . among themselves a
compact , or an agxetmt-nt , to restrain individual ? from following , in certain cases , the dictates of thenown will . They asreed to divide the earth and ii ~ products in such a mauner that each should have a share to his ovrn exclusive use , and that ea-ch shouldbe protected in the exclusive enjoyment of his- share by ihe united power of all the rest ; and in order to give due eff = ci and a right sppl . cation z * this united power , they made , ' airo by which the whole agreea to be bound . Thus arose civil society . Ti ; u > arose property . Thus arose the terms , vihie aud thine y
( rust for the upholding of religion and the maintenance of the poor , exactly in the same manner that lauds and houses are bequeathed by individuals for the purpose of distributing bread , or of taking care of the sick . The clergy of thai day bad no ' more ri ^ ht to apply the revenues of the Church to their own private use , than the trustees of St . Thomas ' s Hospita 1 , for instance , have , at the presen * day , a right to apply the lands belonging to that institution to their own private use . This , then , was the law regarding the Church
wLieh mean jiy gws and thy ows , and designate a property in ihincs . Civil society was thus formed for the benefit of the icJioJe . The whole gave up their naturai riahi : o take , that they might e : ijay their lives in zxeaz-zr security . But , to have that security , !! was necessary that one provision should be made : a provision thai no one should perish Jt . r want . Withou : this provision , it is plainly apparent that no security of private possession can be had ; for the law or nature biGS every necessuous starving man w >" go and take ' That law says to him , " Wherever there is food , It-is for thee : take and be filled ' ! The law- of civil society , however , puts forward another man , who savs , * ' No : this is not thine ; this is mine ; I am to
have the exclusive use of it ; i : is fecund to v < e by the law . " Bus " secured" oa what condition I Od the condition that ibe man that has contributes to the necessities of the man that has not 1 There can be no security wiihout th s provision ; for the law of cature is before the law of civil society I The social compact , then , must include a provision for the destitute ; a provision for the impotent , tno halt , the lame , the blind , the aged , and the otherwise poor ; the social compact must make due provision for the sustentaiion and preservation of all these , or it is nuii and void I The rights of natme cannot be set aside without a due equivalent . To contend otherwise would be to contend-for and justify , the rankest tyranny and the grosser : fraud 1
The conclusion , tben , we ' eotnetois—that a provision for the destitute is essential to the lawfninezs of civil society ! If society does not cire 10 act npon this prineipl-3 ; if it neglects to secure the legal means of preserving the life of the in iigeut p-:. or , then society itself , in as far as that iiidigen * person is concerned , peases to have a legal existence I This doctrine has been hoidea and distinctly laid down by the wisest and most eminent of tha lawyers and jurists , both English and foreign . Gbo ' tius , Pcfxendo 3 p , Covahhcvius , Baco > , Bale , Palky , Cok '~ , and Blackstoxe , all maintain that unless thi = priucipie bs fully reeognised and ac ^ ed on , society forfeit its character of legality ' . tha * it has , upon the destitute , no longer any claim for submission to i : s laws that , to them , the rights of nature retara i * full forea . ' that it is their duty to obey the la-v ' of sel ? - pbssskvatio >' , and take food and raiment , to ' iuppiy their necessities , wherever they can find them '
Having ascertained oa what principles ih . 5 civil compact must be founded , to he binding , let us next endeavour to fiud out what are the m-aus that have been taken by the English people at different perladof their history to work out the m ^ m principle ot ail ; that npon which all the rest is grounded—a -provision for the destitute . As far back as the historical records of our country reach , they show that there has existed amongst the inhabit ants of this island some sort of provision or other , for the snstentation of the destitute . At all events such has , "undeniably , been the case , ever iince the establishment amongst us of the Christian Church . Therei 3 evidence to prove thai a provision
of this nature existed amongst our ancestors even before the introduction- of Christianity ; - aye , even before the Roman invasion . There is evidence to show that even the Deods , the " rude , '' '" uucou ' . h , '" "ignorant , " " savage , " " unnvilistd" Ducids , had laws which provided that people should not be starred to death . ' . ' . ' The laws of this people were collected and put into writing 6 i ) i years before the birth of Christ ; and those laws fnlly prove that the mement civil society be ° an to exist , that moment it took care that provision should be made for tne destitute ; or tha ; , ia casa of extreme necessity , men were ro preserve themselves from dea : h by taking from those ztho had to spare !!!
\ Y e shall , however , conSne ourselves , a * the present , to the praetJc * of Christian England ; and especially to the practice of the early English Chrisrian Church . That Church , from i !» first establishment up to ihe period called tie Reformation , is weil known to iave been pos ^ ciScd of iar ^ e amounts of property . Indeed , for a very long period before the Beformation-eveni , full OK" £ THIRD part , and indeed more , of tne real property of the country belonged to the Ciiureh . But-the Church did no ; hold and possess that property lor its own use alon ? . In fa-c :, that property was on ! v holden in trial , for : he honour of God , and for the relief of the poor . The ancient laws of the realm , the capons of the Church , aud the practice of ilie Church in other lands , undeniably prove this to nave been the
case-Before the event called the " Protestant : Rfpohji- ' ATJO . y' there never had existed in the world ev ^ a-i an idea ^ that the tithes or the other property called church property , was the property of the clergy . ' 2 so man living tad , until then , entertained a : thought of the kind ! The very first institution of tithes , under the ilosaic law , placed these tiiLciin the hands of the tribe of Levi , that they might there-: vAih provide jor ihe irar-. ts of ihe poor ! Itis weUJ to observe , too , that tha ? same ' tribe of Levi , who were the depositaries of the tithes tens iEstituttd i . y Moses , icas _ to have no private possessions in the land !' ttas to INHERIT jfoiimG !! and was , thrretore , io > harc with the poor in the enjoyment of the titheli Of that tithe they were to give a tenth— ( mind : a
TE . VTH oxlt : ! not the WHOLE , as now . " .: )—to the priests : that is to say , to Aauo . n and his successori . Tie priests were originally to have only a tenth of the tenth ; and > 'or & tenth of the whole produce of the land , as now !! In the Christian Church , after ih * first ages , the prie 3 t 3 were invested with the tu-o capacities , and acted as Levites and priests at the same time . But In no case whatsoever was ever tithe granted or instituted ; in no ca ? e whatsoever was church or monastery built or founded , bet was granted or instituted , built or founded , in the name of charity .
Everything that was granted , was granted in trust to the priesthood , for the honour of God , and for the relief of the poor . In accordance with this' principle , existed the Saxon Church of England , and the English Chnrch which succeeded that ; and thus , for Vie space of nice hundred years , the whole of the laws ot -hnglaad contain enactments , or customs , all ionnded on thi 3 one and the same principle : ; ha « erery particle of that property , which is -called Chtirca property , had no foundation other than this r-that it was pr-r > r ::: y granted in • ¦ un to tiie < aergr lor the purposes of pubrc w-r-lrp BBd tsgeeiaHy for \ z > vvrpote c ? nrhi- ' n ^ -: XQ-ihStte ?~ -: Td ~ . The : ; :.. i of if-- * CL- _ r .-r . Wviv
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ordered by the 24 th Canon of Elfbic , to be disposed of in the following manner : — H Let the priests Bet apart the first share for the bailding and ornament of the churoh ; let them distribute THB SECOND TO THE POOB AND STBANGKHS , with their own hanf s , in mercy and humility ; and let them reserve the third part for themselves . " At a later period , when the tithes had , in some places , been appropriated to Convents , Acts of Parliament were passed , compelling the impropriators to leave in the hands of their Vicar a sufficiency for the maintenance of the poor . The Act lot a Richard II . c . 6 , i 3 so apposite to this point , and so completely sets the question at rest , as to the way in which the poor of that day were maintained and provided for ; and it , moreover , so completely proves that the property of the Church was used for this purpose amongst others , that we here insert the whole of it entire . It is " short and sweet , " and much to the purpose : — . - .
" Item , Because divers damages and binderances oftentimes have happened , and daily do happen to the parishioners of divers places by the appropriation of benefices of the same place : It is agreed and assented , That in every license from henceforth to be made in the chancery , of the appropriation of any pariBh church , it shall be exprealy 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 sum of money to be paid and distributed yearly of the fruits and profits of the same churches , by those that will have the said churches in proper use . and by their succassors , to the poor parisliioners of tlie said churches , in aid of their living and susle ' iiance for ever ; and ^ aUo that the vicar be well and sufficiently endowed . "
In this short and pithy , but simple and plain , Act of Parliament , the whole practice of the Church in the disposition of tho tithe 3 is fully set forth . Tue reader will see that tne disposal of the yearly " fruits and profits of the same Churches , " is just that set forth in the extract from the Canons of Elfiu ' c given above : first , the churches are to be had iu " proper use ; ' next , the poor parishioners are to have their share of those " fruits and profits' dLtributed to them '" in aid of their living and sustenance for ever ;" and , lastly , the minister is to be duly and sufficiently provided for . The modern practice , in this respect , diff-rs very essentially from tho ancient one 1
The Act 4 : k Henry IV , c . 12 , confirms the statute above given ; and , moreover , provides that if any church shall have been appropriated contrary to the spirit and intent of the said Act ; that is to say , if in such appropriation , care had not been had to leave sufficient property in the hands ofthe Vicar for the relief tho poor ; " bUCi appropriation , unless it be reformed according to the effect of the said Act , between now and the Easter next following , shall be held to be , and is , void , utterly repealed , aud annulled for ever . " It also provides that , in every church so appropriated , or to be appropriated , " a secular person shall be appointed to do divine service , and to keep hospitality there . "
The canons of the Church and the acts of Parliament just quoted , prove beyond the power of tlispue , that the property of the church was available ior the relief of the poor ; that that property was not bestowed upon any person , or any body of persons , for their own possession , or for their own use , in any way whp . tsoe'ver ; but merely holden in
and toe poor . The Church was bound to take charge of . and provide for , all the poor of the parish . This was tho law ; and , if the clergy neglected their duty ; if they betrayed their trust . ; it they misapplied the revenues committed to tbeir chaTge , the law interfered ! The two acts of Par liament we have " quoted sufficiently show this . There hardly needs another word on this head , the matter is already so plain . There is , however , another Act of Parliament , so full and complete ; so directly to the point , as to the law ' s interfering when the clergy did not do their duty to the poor ;
that we cannot refrain froa giving it . We are anxious to make this branch of our subject plain bevond the possibility of cavil or mistake . The impornnce of the points we are here establishing will be sufSciently seen , when we come to consider what the nation ought to do with the property now in the hands of our bloated "Mother" ! Then their application will be fully apparent , as well to the questi » E of church property as to the subject now more immediately in hand . The act just alluded to is the 2 nd Henry V . c . 1 . It is a 3 follows : —
" First , Forasmuch as many Hospitals within the Realm of England , founded as well by the noWe Kings of this Sealm , and "lords and ladies both spiritual and temporal , as by divers others estates , to the honour of God and of his glorious mother , in aid and merit of the seals of the said founders , to ¦ which hospitals the same fonnders have given a great part of their iuoveable goods for the buildings of the same , and a great paTt of their lands and tenements , therewith to susta n impotent men and women , lazers , men out of their wits , and poor iromen iciih chi'd , and to nouriih , . relieve , and refresh ' Aher poor peojy ' e in Oie same , b 3 now for the most part •'• .-c ; yed . and the goods and pruSts of the same by divers persons as well spiritual as temporal withdrawn and si'ent in other uss , whereby many men and woratn
have died in great misery for default of aid , living , and ; succour , to the displeasure of God , and perils of the i souls of such manner at disposers : the King our Sove- rai ^ n Lord , considering ihe meritorious and dovout in- ; tents of the founders aforesaid , and the unaceustomcii government in the same , hath by the advice and assent af jresiid , ordained aad established , that as to the hospitals which be of the patronage and foundation of ; the King , the Ordinaries by virtue of the King ' s commissions to them directed , shall enquire of the manner j and foundation of the said hospitals , and of the govern- j ance and estate of the same , and of al ; other matters i necessary and requisite in this behalf and the inquisi- ' tions thereof taken shall csrtifie in the King ' s chancery . And as to other hospitals which be of another founda- ; Anu as to otner nospitais wnicn De oi nuomer
iounaatljs and patronage taaa of the King , the Ordinaries j shall inquire of the manner of the foundation , estate , and governance of the same , and of all other matters ! and things necessary in this behalf : and upon that ; make thereof correction and reformation , according to I the laws of holy Church , as to them beiongetb . " ¦ j This , then , is conclusive . Let the reader . look , well at the causes assigned for the erection of these j hospitals ; these religious houses ^ Let him bear in miud that the founders of them had given a great j part of their moveable goods for the buildings of the same ; and " a great part of their lands and tenements therewith to sustain impotent men and women , Liz . rs , men om of their wits , and poor women with ; child ; and to nourish , relieve , and refresh other ; poor people . " Let him also Dote well the parties who j
are hereby directed to make the necessary inquiries , ' and reformation , as to the appropriation of tha funds ; arising from the said bequeathed lands and tine- ; meats . Let him note well that these parties are \ the Ordinaries of the Church ! and let him j couple the instruction given , that " they shall make ) thereof correction and reformation according to the Ja-. vs of holy Church , ' With the reason assigned for ; Mich re . orma '» ioa being needed , because " many ; men and women have died iu great misery in de- , fault of aid , liviDg , and succour ; " ltt him couple th < -se things together , and let him answer those who affirm that the property of the Church was never apph ' ed to the relief atid sustentation of the indigent poor ! '
The revenues of that Church were so applied ! and those revenues soon became more thau sufficient for the purpose . The law was this ; as proved both by ; be canons of iho Church and the common and statute law of the realm : that the incumbent of every parish should relieve the poor , and build , repair , or b .-autify his Church from the same source ; and have the other part of the " fruits and profits of his Church , " where—ith to live constantly in bis par- souage house , there to keep hospitality . ' This was the law , and this was the practice in England for nine hundred years ! Aud during that period Eng-
land was E ' iglandl ! During that period htr name was famed and renowned amoDgst all other nations ! D « riag that period the power and glory of England were a ; their highest point ! During that period the stately and substamially-builded churches that every where stud our isle , were erected ! During that period the magnificient English Cathedrals , which aTe at once the pride and glory of architecture , had their rise ! These edifices but remain now to remind us of the height from which we have falkn ! and the rights which have been taken frem us I !
Lei any one go to the cities of York or Winchester . Let him view the immense pile of buildings that there meet his eye ! Let him ask if the English people are capable , noav , either of conceiviug , or of executing , such a work of mind and art , as the ancient and ever-enduring cathedrals of thosn two places ( and many others ) which are an imperishable record ! Let him go and view the ruins of KixkstaU , or of Fountain ' s Abbey , —stately and splendid , even in decay !—and compare them with the gingerbread and jim-crack erections of the present day ; and let him blush for his own and nia land ' s degeneracy 1 ' . !
Before we come to speak of that great change made in the disposition of the property called church property , in the reign of Henry VIIL , which swept away the patrimony of the poor , and gave , it to a set of greedy , needy , and sycophantic courtiers and toadies , it will be of use to glance at another important effect npon the condition of the people of England , arising from the fact of so large a portion of the land being in the possession of tne church . We . have before said , that for along period before the '" REF . 'K : i' thut possession , a ; ri
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from the nature ot the Church institution itself , this state of things gave the common people great advantages . The Church was a easy landlord ! None of the priests of that Church , or the inmates of the monasteries , had more than a life-interest in the landB belonging to the Church . They had no wives or families to provide for ; they could have no motive to accumulate undue heaps of property ; for they could not inherit or bequeath . They could not indeed , possess private property at all ; what they did possess , and what did accumulate in their hands , was only placed there , as we have before seen , for the purposes of religion , the maintenance of the poor , and the keeping of themselves . There was .. ..:
every reason , therefore , why they should let their lands on easy terms , on long leases ; and every reason why they should not practice the extortions and iniquities that follow the track of the rack-rentercountry-gentleman of England ( present time !!!) . Iu fact their lands were let on leases for lives , and descended from generation to generation , just as if the farmers of them had been the actual 'proprietors . Indeed they were all but actual proprietors : and hence arose the term Yeoman . This term is still retained in our law-forms ; but it has now no application . The ' * Reformation" swept away the race of English .. Yeomen ,. just as it swept away , " confiscated , " the patrimony of the poor ! !
This practice of the Church necessarily had its influence aud effect upon the other owners of the land . The nobility were compelled to follow the example of the Church ; and thus the commons were , in fact , ihe joint-proprietors of the whole country . ' They acknowledged the lord as owner of the soil ; but they held the estates for lives ! They had rents or fines to pay ; but the estates were theirs ! They could not be turned out of their Holdings at the mere whim or pleasure of the owner , like the rack-renter 3 of the present day ! and of course they were independent ! free !! and bold ! ! ! Just the reverse of their descendants of the present times !
Another great cause of public happiness necessarily arising out of this distribution of property , was , that these great landlords , the clergy , always from the very nature of their institutions , resided in the midst of their estates , and , of course , expended their revenues there ; returning to thess who laboured the fair share of tha fruits of their labour . And , though the aristocracy had no such positive ties with regard to residence , example must nave had , in this respect also , great effect upon them . Is it so now ? Are the revenues arising to the lords of the Boil from its cultivation by the hand of labour , spent among those who have given them being ? ' ; Such was the state of England for some hundreds of years previous to the ascens on of the VII Ith . Harry ! Such were the laws and regulations relating to the poor ; and such was the state of society necessarily arising from the then instituted Church .
At leog h came the " Reformation" ! Harry the VIII . came to the Throne ; and he cared more for the lusts and carnal desire 9 of his own brute nature , than he cared for the welfare and happineas of the people over whom he ruled . ' Tne Church would not countenance him in his divorces , and his murders , and his beheadings . She anathamatized-him ; pronounced him an adulterer ; and promulgated her curses against him . This Harry would not brook ! He determined , therefore , to combat her power , and , if needs were , to put her down !
! The struggle bt-gan ! It was a hard and desperate one . . Harry' succeeded ! By offering to the | sycophants of his court the property of" the Church , he secured their aid iu his acts of confiscation . He i did confiscate !!! The property of the poor was ; taken from them ! They were left near ' y destitute ! The misery and suffering consequent on the violent ' change of proprietorship in the soil , greatly aggravated their sorry condition . If they dared to com' . plain , the gibbet was there to silence them ! and numbers of them were fo silenced ! \ Harry ' s struggle with the Church was one of time . It wa- ; not over in a year or so ; but lasted ¦ for a considerable period .
When he first proclaimed himself " Supreme Lord on earth , under God , of the Church of England , " the people refused to pay their tithes . To punish them for what he called their " contumacy , " the Act ' 27 ih Henry VIII . c . 20 , was passed ; enacting that if any one should so transgre-s in future , ho should be committed to ward , there to remain without bail or mainprize , until ha haJ satisfied tho demands made on him . The next step of the bluff monarch was to suppress all monasteries , priories , and other religious houses , that had not lands above the then value of two hundred pounds by the year ; aud'be property of the houses so suppressed was given over to the King , " to do therewith his own
will , to the pleasure of Almighty God , aad -to the honour and profit of this realm" ! This was accomplished by the Act " 27 ih IIe . nry VIII . c . 28 . Four years afterwards another and more complete step of confiscation wa =. taken . Another Act was then passed for the dissolution of all monasteries and abbeys , and for the giving of their lands and chattels , moveabks and valuables , to the King , to be by him given to those who bad aided-him in his acts of plunder aud robbery . This last-mentioned Act of Parliament , which was the crowning robbery commitied upon the poor , is entitled the ' 6 lst Henry VIII . c . 13 . It was the most disastrous law , as far as tho poor was concerned , passed in that age !
These things soon had their effect ! The miseries consequent on Harry ' s doings drove the people into actual rebellion ! To put down the " revolts , " " strong'' and " vigorous" laws were passed . A continual struggle war . kept up between the starving people and thfir rulers , during the remainder of Harry ' s reign , and during the entire reign of Edward the Sixth . Law upon law was passed to suppress vagabondism ; until at length , by the 1 st Edward V L . c . 3 , it was enacted that : — " If any person shall bring to two Justices of Peace any ruanagata servant , or any other which live-th idle aud loiteringly by the space of three days , the said Justices shall cause the said idle and loitering servant or vagabond to be marked with an hot iron on the
breast ¦ with the mark of V . and adjudge him to be slave to the same person that brought or presented him , to have to him , his executors or assigns , far two years aftsr , who shall tukts the s ; iid slave , ami give him bread , water , or small drink , and reff ' use meat , and causa him to work by beating , chaining , or otherwise , in such work or labour as he shall put him unto , be it never so vile : And if such slave absent himself from bis said mast 3 r within the said term of two years , by tbo space of fourteen days , then he shall be adjudged by two Justices of Peace to be marked on the forehead , or the ball of the cheek , with an hot iron , with the sign of An S . and further sha ' . l be aOjudged to be a slave to his said master for ever : And if the said slave slia'l run away the Second time , be shall be adjudged a felon .
"fto clerk convict shall make his purgation , but shall be a slave for one year to him who will become bound with two sureties in twenty pound to the ordinary , to the King - s use . to take him into service : And he shall be used in all respects as is aforesaid like to a vagabond . A clerk attainted or convict , which by thu law cannot make his purgation , may by , the Ordinary bo del . vered to any man , who will become bound with two sufficient suretits , to keep him as bis slave for five years : And then ho shall be used in all respects as is aforesaid for a vagabond , saving for burning in the breast . " It aka ' . l be lawful to every person to whom any shall be adjudged a slave , to put a ring of iron about his neck , arm or leg . ''
It is necossary to remark that in that day all felony was punishable with death ! Therefore this law enacted that every poor person reduced to vagabondism through the robberies commuted on him by Henry V 11 I . and who should have been adjudged by a Justice of the Peace to be branded with a hot iron and to be a slave , should , for absconding from . his slavery a second time , be hanged by the neck till he was dead !! And this was ths savage and merciless equivalent that the mild and merciful authors of the " Reformation" accorded to the labouring people for their third share of nearly one half the entire property of the kingdom ! By virtue of this law , thousands upon thousands of them were hanged ! Thousands upon thousands of them were strung up to gibbets , like so many carrion crow 3 !
Still vagabondism did not ceaee . Still poverty and misery were not put down . The red hot irons , the scourge , and tho halter , failed to fill the hungry bellies of the poor , who had been turned out of their holdings ; and who had been robbed of the ; r patrimony . And still the savage and iron-heareed enactments went on . The Act just recited , the 1 st Edward VI . c 3 , was continued from time to time , and rendered more and more " vigorous" anci " strong" ;¦ until at last , by the 14 th Elizabeth , c . 5 , the bare Acs of begging was made felony punishable
with death ! By virtuo of this statute more than 72 , 000 persona were strung up to gibbets iu one year ! ! ! And yet poverty was not suppressed ; nor were the tKrbulencies , and disaffections , and risings , and revolt , consequent on a state of general poverty in any land , kept under iu this case ! Contemporaneously with these savage enactments , were several others , providiug that the poor should be relieved by the charitable donations of the wealthy . These were found , however , to be utterly insufficient . To remedy this , such contributions were , bvthe Act 5 th Elizibeth , c . 3 , made compulsory . That statute enacted : —
" The poor and impotent persons of every parish shall be relieved of that which every person will of their charity give weekly : And the same relief snail be gathered in every parish by collectors assigned , and distributed to the poor : for none of them shall openly go or sit begging . Arjd it any parishioner shall obstinately refuse to pay reasonably towards the relief of the said poor , or shall discourage others ; then the Justices of the Peace at the Quarter Sessions may tax him to a reasonable weekly sum , which if he refuse to pay , they may commit him to prison . And if any parish have in it more impotent poor persons than they are able to relieve , then the Justices of tho Pence of the county msy license so inauy of them as thsy shall thiuk good , to beg in one or more hundreds of the same county . And if any poor fetg in any other p ' . aeo " than lie is licensed , u * j _ aU b ^ punched as a vagabond . "
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Still this was found inadequate to meet the circumstances of the case . I ( was found insufficient . The compulsory charitable donation or tax , did not amount to what was needed for the necessitous poor . Vagabondism was still rife in the land ; begging was not put down ; revolts and tumults were constantly apprehended and had { and at length matters assumed such an alarming aspect , that it was deemed prudent and necessary to meet the exigence fully and completely , and give the poor an equivalent for the patrimony of which they had been robbed . This was accomplished by the famous 43 rd of Elizabeth ; by which it was ordained and appointed that / a tax on all the property of tho Kingdom should be duly and regularly laid and raised , and applied ! " to the setting of the poor on work , " and in relieving the necessitieaef the impotent , aged , blind , and lame . ¦ ¦ - .. - .- ¦ -. ¦ . . " " "" . ' -.-: — --
. Before we give the famous Act just referred to , we mustfirst allude to the I 8 thof Elizabeth j c . 3 ; for that is the statute relating to Bastardy which obtained in England from the date of its passing up to the date of the enactment of the recent Poor Law Amendment Bill . The 2 ad section of that statute is as follows :-• "II . Concerning ; bastards begotten and born out ef lawful matimony ( an offence against God's law or man ' s law / the said bastards being now left to be kept at the charges of the parish where they be born , ito be the great burden of the said parish , and in / defrauding of the relief of the impotent and aged true poor of the same parish , and to the evil example and encouragement of lewed life : it is ordained and enacted by the
authority aforesaid , that two Justices of the Peace , ( whereof one to be of the quorum , in or next unto the limits where the parish church is , within which parish such bastard shall be born , upon examination of the cause and circumstance ) shall and may by their discretion take order , as well for the punishment of the- ' mother and reputed father of such bastard child , as also for the better relief of every such parish in part or in all ; and shall and " may likewise by like discretion take order for the keeping of eYi-ry such bastard child , by charging such mother or reputed father with the payment of money weekly , or other sustentation for the relief of such child , in such wise as they shall think meet and convenient : and if after the same order by them
subscribed under their hands , any the said persons , viz ., mother or reputed ' -father ,- ' . upon nutice thereof , ehall . not for their part observe and perform the said order , that then every such party bo making dtfault in not performing of the said order , to be committed to ward to the common gaol , there to remain without bail or mainprize , except he , she , or they shall put in sufficient surety to perform the said ' order , or else personally to appear at the next Guneral Sessions of the Peace to be holden in that county where such order shall 5 e taken , and also to abide such order as the said Justices of the Peace , or the more part of them , then and there shall take in that behalf ( if they then and there shall take any ) . ' ?
Thiswss the law of Elizabeth relating to bastardy . What next follows is that famous Act for the Relief of the Poor which has been dwelt upon wi ; h admiration by the greatest ornaments of the Bench , and by the mpit eminent jurists , as the most perfect and mopt complete law of the kind ever devised : inasmuch as it isa full recognition and complete practical application of the principle they one and all lay down as being essential to the legal constitution and existence of society itBelf . Here it is : — ¦ ¦ ' . ¦ ' " AN ACT FOR . THE RELIEF OF THE POOK .
" Be it enacted-by the authority of this present Parlianieut , that the churchwardens of every parish , and four , ' three , or two bubstantial householders there ; as shall be thought meet , having respect to the proportion and greatness of the- same parish and parishes ^ to be nominated yearly in Easter week , or within one month , after Easter , uniier the hand and seal of . two or more Justices of the Peace in the same ccuaty , whereof one to be of the quorum , dwelling in or near the same parish or div | siou wherb the same pariah doth lie , shall be called overseers of the poor of the same parish : and they , or the greater part of them , snail take ort ' er from tirue to time , by and with the consent of two or more such Justices of Peace , as is aforesaid , for setting to work the children of all such whose parents shall not by the said churchwardens aud overseers , or the greater part of them , be thought able to keep and maintain their children ; and , also for setting , to work all such persons ,
married or unmarried , having no means to maintain thrm , and use no ordinary and duily trade of-lift ) 'to get their living by : ' and also to raise weekly , or otherwise ( by taxation of every inhabitant , parson , vicar , aud other , aud of every occupier of laiuia , houses , tithes impropriate , propriatioris of tithes , coal-mines , or saleable Underwoods in the said parish , in such competent sum and sums cf money as they fhall think fit , ) a convenient stock of flix , hemp , voull , thrtad , iron , and other ware and stuff to set the poor on work : and also competent sums of money for and towards the necessary relief of the lame , impotent , old , blind , and such other among them , being poor , and not able to work , and also fyr the putting out of such children to be apprentices , to be gathered out of the same parish , according to the ability of the same parish , and to do and execute all other things , as well for the disposing of the said stock , as otherwise concerning the premisses , as to them shall feel convenient .
" II . Which said churchwardens and overseers to be nominated , or such <» f them as sball not be let by sickness , or otber jiiat excuse , to be allowed by two such Justices of Peace , or more , aa aforesaid , shall meet together at th « least once every month , in the church of the said parish , upon the Sunday in the afternoon , after divine m-rvice , there to consider of some good course to be taken , ami of some lueet order to be Bfct down in the premisses ; and shall within four days after the end of tuuir year , -and after other overseers nominated , aii aforesaid , make and yield up to such two Justices of Peace , cs is aforesaid , a true and perfect accompt'of all sums of money by them rsctived , or
rated and sessed , and not received , and also of such stock as shall be in their hands , or in the hands of any of tho poor to work , and of all otber things concerning their said office ; and such sum or sums of money as shall bo in their hands , shall pay and deliver over to the said church wardens and overseers newly nominated aiid appointed , as aforesaid , upon pain that every one of them absenting themselves without lawful cause , as aforesaid , from such monthly meeting for the j / urpose aforesaid , or bting negligent in their office , or in the execution of the orders laforesaifcl , being made by and with the assent of the said Justices of the Peace , or any two of them before-nieutioned , to forfeit for every such default of absence or negligence , twenty shillings .
"III . And be it also enacted , that if the said Justices of Peace do perceive , that the inhabitants of any parish are not able to levy among , themselves sufficient sums of money fur the purpose aforesaid ; tbat then the said two Justices shall and may tax , rate and assess . sns aforesaid , any othwr of other parishes , or out of . any parish within the hundred where the said parish ia , to pay such sum and sums of money to the churchwardens and oversjsers of the said poor pariah for the said purposes , as thu said Justices shall think fit , acccording to the intent of this law : ami if the said hundred shall not be thou ^ hc to the said Justices able and n't tj relieve the said several parishes nor able to provide for themselves , as aforesaid ; then the Justices of Peace at their General Quitter Sessions , or the great number of then :, shall rdtu ' and assess , as aforesaid , any other of other parishes , or out ef any parish within the Baid county f *> r the purposes aforesaid aa in their discr ^ tion shall setm tit .
V 1 V . And that it shall be lawful , as well for the present as subsequent 1 churchwardens and overseers , or any of them , by warrant from any two such Justicesof Peace , as is aforesaid , to levy as well tho said sums , of money , and all arrearages , of tvery one that shall refuse to contribute according ay they . shall be assessed , by distress and sale of thu offender ' s goods , » 3 the sums of money or stock which shall be behind upon auy accompt to be made , aa aforesaid , rendering to the parties the overplus ; and in defect of such distrest ,. it shall be lawful for any such two Justices of the Peace to commit him or them to tha common gaol of the - county ^ there
to remain without bail or mainprize , until pnyment of the said tuni , arrearages , and stock ; and the said Justices of Peace , or any one of them ,. tosend to th ? House of Correction or Common Giol , such as shall not imploy themselves to work , being appointed thereunto , as afor-said ; and afso any such two Justices of Peace to commit to the said prison every one of the said church-¦ wardens and overaeera ' which shall refuse to acconipt , there to remain without bill ormainprizi , untilhe have made a tra . a acconipt , and satisfied , and paid so much , as upon the Baid accompt shall ' -be remaining in hia hands . .
" V . And be it further enacted , that it shall be . lawful for the said churchwardens and overseers , or the greattr part pf thfcih , by the assent of any two Justices of the Peace aforesaid , to bind any such children , as aforesaid ; , to be apprentices , where they shall see convenient , till such uian-cbild shall come to the ago of four and twenty years , and such woman-child to the ago of one and twenty years ; or the time of her marriage ; the same to be aa effectual to all purposes , as if such child were of full age , and by indenture of covenant bound him or her self . And to the intent that-necessary places of habitation may more conveniently be provided for poor impotent people , be it enacted by the authority aforesaid , that it shall and may be lawful for the said churchwardena and overseers , or the greater part of them , by the leave of the Lord or Lorda of the Manor , whereof any waste or common within their parish U or shall be parcel , and upon agreement before
with him or them made in writing , under the handB and seals of the said Lord or Lords , or otherwise , accordr ing to any order to . be set down by the Justices of Peace of the said county at ^ thiir General-: ' ^ Quarter Sessions , or the greater part Of them , by like leave and agreement of the said Lord or Lords , in writing , under his or their hands and seals , to erect , build , and set up in fit and convenient places of habitation in such waste or common , . at the general charges of the parish , or otherwise ef the hundred or county , as aforesaid , to be taxedj rated , and gathered in manner before expressed , convenient houses of dwelling for the said impotent poor , and also to place inmates , or more families than one in one cottage or house ; one Act made iu the xxxi . year of l \ ev . Siajestits veign , intituled ' An Act against , tbo- efucuag ami maintaining of Cottages , " or any thing therein contained ; to tbo contrary notwithstanding : which cottagvia and places £ or inmatea aLail not-at uuy ti-mo . ; if t' ^ r be used , or employed to or for
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any other habitation , but only for the impotent aud poor of the same parish , that shall be there placed from time to time by the churchwardens and overseers of the poor of the same parish , or the most part of them ; upon the pains and forfeitures contained in the said former act made in tho said xxxi year of her Majesties reign . " VI . Provided always , tbat if any person or persons shall find themselves grieved with any seas or tax , or other act done by the said churchwardens , and other persons , or by the said Justices of P «; aCe ; that theu it shall be lawful for the Justices of Peace , at their General Quarter Sessions , or the greater number of them , to take Buch order therein , as to them shall bs thought convenient ; and the same to conclude and bind all the said parties . ¦ " . V ' - ' ' ¦¦ ¦' ¦¦ ' : '¦ '; - ' / " . ' . ' .. , - ;¦• ¦¦¦ . ¦ ¦¦'¦ ' . ¦;' ¦ _ ' "' — . .- ... -. -,- —¦— - . . .- ¦ . -
¦¦ ' VII . And be it further enacted , that the father and grandfather , and the mother and grandmother , and the children of every poor , old , blind , lame , and impotent person , or other poor person not able to work , being of a sufficient ability , shall at their own charges relieve and maintain every such poor person in that mauner , and according to that rate , aa by the Justices of Peace of that county where such sufficient persons dwell , or the greater number pf them , at their General Quarter Sessions shall be assessed , upon pain that every one of them shall forfeit twenty shillings for every month Which they shall fail therein .
" VIII . And be it further hereby enacted , that the Mayors , Bailiffs , or others head officers of every town and place corporate , and city ¦ within this lealm , being Justice or Justices of Poace , shall have the same authority by virtue of this act , within the limits and pretiucta of their jurisdictions , as well out of sessions , as . at their sessions , if they hold any , aa is herein limited , prescribed , and appointed to Justices of the Peace of the County , or any two or more of them , or to the Justices of Peace in their Quarter Sessions , te do and execute for all the uses and purpose in this Act prescribed , and no other Justice or Justices of Peace to enter or meddle there : and that every Alderman pf the City of Lyndon within his ward , shall and may do and execute ih every respeefci so much as i 8 appointed and allowed by this att to be done and executed by one ; . ' or ' two Justices of Peace of any county with this realm .
"IX And be it also enacted , that if it shall happen any pariah to extend itself into more counties than one , or part to lie within the liberties ' . of any .-city ,. ' town , or place-corporate , aud part without , that then as well the Justices of Peace of every county , as also the head officers of such city , town , or place-corporate , shall dea ] and intermeddle only in so much of the said parish aa lieth within their liberties , and net any further : and every of them respectively within their several limitSi wards , ami jurisdictions , to execute the ordinances before-mentioned , concerning the nomination of overseers , the consent to binding apprentices , the giving
warrant to levy taxations unpaid , the taking acconipt of churchwardens and overseers ^ and the comniittJng to prison such as irefuse to acconipt , or deny to pay the arrearages due upon their accompts : and yet nevertheless , the said churchwardens and overseers , or the mostpart of them , of the said parishes that do extend into such several limits and jurisdictions , shall without dividing themselves , duly execute their office in all places within the said parish ; in all things to thembelonging , and shall duly exhibit and make one accompt before the said head-officer of the town or place corporate , and one other , before the said Justices of Peace * or any such two of them , as is aforesaid .
•• X . And further be it enacted by the authority aforesaid , that if in any place within this realm , there happen to be hereafter no such nomination of overseers yearly , as is before appointed , that then every Justice of Peace of the county , dwelling within the division where such default of nomination shall happen , and every Mayor , Alderman , and head-officer of city , town , or place-corporate where such default shall happen ,, shall lose and forfeit for every such default £ 5 . to ba imployed towards the relief of the poor of the said parish or place corporate , and to be levied , as aforesaid , of their goods , by warrant fiom tlic Gsiieral . Sessions of the Peace of the Baid county , or of the same city , town , or place-corporate , if they keep Sessions .
XI . Ami be it also enacted by the authority aforer aaid , that all penalties and . forfeitures before-meutioned in this Act , to be forfeited by any person or persons , shall go and be imployed to the use of tho poor of the same parish , and towards a stock and habitation for them , and other necessary uses and relief , as before in this act are mentioned , and expressed ; and shall b « levied by the said churchwardens and overseers , or one of them , by-warrant from any two such Jnstices of Peace , or Mayor , Alderman , or htad officer , of city , town or place-corporate reapectively-within t'leit several lhnjts , by distress and sale thereof , as aforesaid '; or in defect thereof , it shall be lawful for any twd tuch Justices of Peace , and the said Aldennen and head officers wiVbin their several limits , to commit the offender to the said prison , there to remain without bail or mainprizs , till the said forfeitures shall be satisfied and piiii .
XII . And be it further enacted by the authority aforesaid , tbat the Justices of Peace of every County or place-corporate , or the more part of them , -in their general sessions to be holden next after the feast . of Easter next , and so yearly as often aa they shall think meet , shall rate every parish to such a weekly sum qi money as they shall think convenient , so as no parish be rated above the sum of sixpence , nor under tUe sum of a haifpeny , weekly to be paid , and so as the total sum of such fixation of the parishes in every County , amount not above the rate of two-pence for every pariah within the said county : which sums so taxed , shall be yearly assessed by the agreement of the parishioners ¦ within themselves , or in default thereof , by the Churchwardens and pttty Constables of the aame parish , or the more part of them : or in default of their agreement , by the order of such Just ce orJustioes of Peace as shall dwell in the same parish , or ( if none be there dwelling ) in the parts next
adjoining . XIII . And if any person shall refuse or neglect to payany such portion of money so taxed ,, it shall bo lawful for the said Churchwardens and Constables , or any of them , or in their default , fjr any Justice of Peace of the said limit , to levy the same by distress , and sale of the gooda of the party so refusing or neglecting , rendering to ths party the overplus : and in default of such distress , it ahah be lawful to any Justice of that limit , to commit such person to the said prison , there to abide without bail or mainprizs , till he have paid the same .
"XIV . And be it also enacted , that the said Justices of the Peace at their general Quarter Sessions to bo holden at the time of such taxation , shall set down what competent sums of money shall be sent quarterly out of every county or place-corporate , for the relief of the poor priaouera of the King ' s Bench or Marshalaea , and also of such hospitals and eJnishouses as shall be in the said county , and what suiua of money shall be aeut to every one of the said hoapitaU and atmahouses , so as there be sent out of every county yearly rr . s . at the last to each cf the said prisons of the King ' s-Bsnch and Marahalsea , which sums rutebly to be assessed upon every parish , the church wardens of every pariah shall truly collect and pay over to the higfr conslables in whose division such parish shall be situate ,
from-time to time , quarterly , ten day ? before the end of every quarter , and every such constable at every , such Quarter Sessions in such county , shallpay over the same to two such treasurers , or to one of them , as shall by the more part of the Juaticea of the Pe : ice of the county be elected the said treasurera to be chosen by the Justices of Peace of the said county , eity , or town , or place corporate , or of others which were sessed and taxed at 4 ! 5 lauds , er £ 10 . goodi at : the least , at the tax of aubaidy next before the time of the same election to be made ; and the Baid treasurers so elected , to continue for the space of one whols year . in tbeir office , and then to give up their charge , "with a due accompt . of their receipts and disbursements , at the Quatter Sessions to be holden next after after the feast of Easter in every year , to such others as ahull from year to year , in form afore 8 aid , successively be elected
treasurers for thr said county , city , town , or place corporate , which said treasurer , or one of tkenv shall pay over the same to the Lord Chief-Justice of England , and Knight-Marshal for the time being , equally to be divided to the nae aforesaid , taking their acquitanoe for the . ' same , © r in default of tho said Chief-Juatice , to the next ancientest Justice of the King ' s Bench , as aforesaid : And i £ any chutchNvaTdten or high-e&nitable , or his executors or administrators shall fail to make payment in form above specified , then every churehwanien , his executors , or aduiiuistrdtors so offending , shall forfeit for every time , the sum 19 s . the same forfeitures , together with the , sums behind , to be levied by the Said treasurer and treasurers , by way ' of distress and sale of goeds , as aforesaid , in form aforesaid , aud by them to be imployed towards the Charitable uses comprised in thia act
"XV . And be it further enacted , that all : the surplusage of money which shall bo remaining in the s ; ud atock of any county , shall by discretion of tho more part t ? f the Justices of Peace in their Quarter Sessions be ordered , distributed , and bestowed , for the relief of the poor hospitals of that County ; and of those that shall sustain losses by fire , water , the sea or other carnalities , and to such other charitable purposes , for the relief of the poor , as to the more part of the said Justices of the Peace Bhall seem convenient . " XVI . — -And be it further enacted , that : if any
treasurer elected , shall wilful y refuse to take upon him the said office of treasurerahip , or refuse to distribute or give relief , or to accompt , according to auch form as shall be appointed by the more part of the said Justices of the Peace , that then it shall be lawful for the said Justices cf the Paace in their Quarter Sessiona , or in their default , for the Justices of the Assize , at the Assizes to bo hylden in the same county , to fine the same treasurer by their discretion ; the same fine not to be under three pounds , and to be levied by sale of his goods ; and to be prosecuted by any two of the said Justices of the Peace whom they shall authorise .
Provided also , this act shall not take effect until the feast of Easter next . " XVII . —And be it enacted , that the statute made iu the nine and thirtieth year of her Majesties reign , intituled , An act for the relief of the poor , shall continue and stand in force until the feast of Easter next ; and that a 1 taxations heretofore imposed and not paid ' , nor that shall be paid before the said feast of Easter next ; and that all taxes hereafter before the said feast , to be taxsd by virh ' . e of the aaid former act , which shall not be psi'd . ht-fovo tha said feast of Eastev , sball and may after ifce said feast of E ; -, ^ tei-, be levied by the overseers . aiicl olhbx p ^ scna in this net reapecUvely apcoiatfd to levv ; a . J , lior ,. s by di = ; trt ; s 3 ; and by sucli
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¦ --- ,. . " *" ~~~ ' ' -. . ¦ ====- ~ =::: ^ saSiiS ! 5 S ' ^ warrant in every respect , as if they had been taxed and imposed by virtue of this act , and were not paid . XVIII . ProTided alway * , that whereas the Ial&nj of Fowlness , in the County of Easex , being environed with the sea , and having a Chapel of Ease for the Inhabitants thereof , and yet the said Island is no parish , but the lands in the same are situated within divers parishes far distant from the said Island , be ft therefore enacted by the authority aforesaid , that the said Justices of Peace shall nominate and appoint inhabit mta within the said Island , to be overseers for the poor people dwelling within the said Island , 4 nd that both they the said Justices and the said overseers , shall have the same power and authority to all intents , considerations , and purposes , for the execution of the parts and articles of this act , and shall be subject to .- ¦¦—¦ — - — . ¦ . " '" . .. sgssagsss ** . ' ^^
the same pains and forfeitures , and likewise that the inhabitants and occupiers of the lands there , shall be liable and chargeable to the same paymeiita , ' charges , expences , and orders , in such manner and form as it the same Island were a pariah . In consideration whereof , neither the said inhabitants or occupiers" bf land within the said Island , shall not be compelled to con tribute towards the relief of the poor of those parishes wherein the houses or lands which they occupy within the said Island are situated , for or by reason of their said hahications or occupyings , other than for the relief of the poor people within the said Island , neither yet shall the other inhabitants of the pariahea wherein such houses or lands are situated , ba compelled , by reason of their reliancy ^ or dwelling , to contribute to ^ the relief of the poor inhabitants within the said Island .
"XIX . And be it further enacted , that if any action of treapass , or other suit , shall happen to be attempted and brought against any person or persons , for taking bf any distress , making cf any sale , or any other thing doing , by authority of this present act ; the dtftjnclant or defendants in any such action or suit , shall and may either plead not guilty or otherwise makejavowry , coghizmce , or justification for the . taking of the said distresses , making of sale , or other thing doing by virtue of thia act , aliedging in such avowry , cognizance , or justification , that the said distress , sale , trespass , or other thing , whereof the plaintiff or plaintiffs complained , was done by authority of this act , and according to the tenor , purport , and effect of this act , without : any expressing or rehearsal of any other matter or circumstance contained in this present act To
which avowry , cognizance , or justification , the plaintiff shall be admitted to reply , that the defendant did take the said diatreas , made the said sale , or did any other act or trespass supposed in his declaration , of his . own wrong , without any such cause alleged by the' said defendent ; whereupon the issue in every such action shall be joyned , to be tried by verdict of twelve men . and not otherwise , as is : accustonied in other personal actions ; and upon the trial of that issue , the whole matter to be given oq both parties in evidence , according to the very truth of the same , and after such iRsue tried for the defendant , or nonsuit of the plaintiff after appearance , the same defendant to recover treble damages ,-by . reason of hia wrongful vexation in that behalf , with his costs also in that part sustained , and that to be assessed by the same jury or writ to euquire of the damages , aa tho same shall require . " f
Such was the fambus Poor Law of Elizabeth . The reader now has it , every word , transcribed fromi the Statute Roll of tKe nation . " And is this the law , of the ' abuses' of which I have heard so much ? " we fancy we hear the reader excJaim . " Is this th law which gave to idleness and vice that which waB earned by honest industry ? Why , I find nothing here respecting wages being ' -partly paid but . ' -of the rates . I fin « i nothing here about workhouses , and the inmates in them living an idle life , at the expence of the more industrious . I find nothing here about women and men being harnessed to sand-carts , and made to draxo them backwards aad forwards , like beasts of burden ! I find nothing here of men and women being set to dig holes one day , and set to fill them up again the next ! I find nothing here about the ' free' and 'independent' labourers of
England , being put up to public auction ; and their labour , for a time , sold to the highest bidder ! I find nothing , here of select vestkiks , nor of 'Jiir ' ed oversters , ' norbf ^ assistant overseersj' nor of ' masters ' or ' matrons' of workhouses . I find nothing here that would at all act as a premium to idleness and vice , and discourage industry and frugality ! Mr . Editor , you cannot have given us the old system ! You must have kept in the back-ground - ' those parts of the ' old law ' which permitted and authorised the enormous abuses that existed prior to the Poor Law Amendment Act . You cannot , > lr . Editor , have given us the whole . The Act just read contains nothing that could by possibility bo made to engender such a state of things wjth regard to the poor as existed some ten years ago . Surely , Mr . Editor , there must be some mistake . "
No ! good reader ; there is is no mistake ! We have given the ' .-whole of the " old law . " You have if just as it appears in the Statute Book . But , m that laic , you certainly find nothing that you have heard attributed to it . You certainly find nothing of select vestriesv and auctions , and hired overseers , aud part wages out of the rates j you certainly find nothing of these things , any more than you find in it a justification of the present Leeds practice of breaking phones or sweeping the streets , before relief is afforded to the starving poor . You certainly find nothing in the " old law" respectingworkhouses , either with or without separation ot husbaiid _ or wife , any more than you find in it a iitstincatvon of the hand-mill in Leicester
Union-House , vvhicb ; has so lately thrown that ' city into riofc and confusion . You certainly find none of these things ; but you do find that all the property of the country was ordered to be assessed , " to sit tue poor on wobk ¦ " and for " the relief of the lame , impotent , blind , aud such other among them being poor . " You certainly find none of the " ABUSES" you have heard so much talked of ; but you _ do find that the overseers of tho poor and the justices of the peace had power to levy rales upon all the property in every parish in the kingdom ; and that if the property of one parish was not sufii-i cierit for the purposes of relief , they could go
and" assess , and raise rates on the property in the adjoining parish ; and so bn ^ till they had assessed the entire county . You certainly dp not find in-. ' the old law , any of the " monstrosities '" that have been attributed to the ' old system ; " but you do find that unless the holder of property paid the rate assessed upon him ; his property could be seized ; arid in case of that property failing to satisfy the demands of the ^ poor , the person could be seized and " committed to the common goal of the countyj there to remain without bail or mainpriza until payment" was made- You certainly do find that that old law gave thr poor a MORTGAGE upon all the property of the Kingdom !
Read the first section of the Act . See what the framerB of it contemplated ! Notabastile ' . ! with a gruel test . jNot a workhouse , with a distinctive and degrading dress ! Not separation of man from wife , and children from both ! Not the punishment , but the relief of poverty ! The authors aud framers of the o'd law contemplated " the setting to work all persons , married and unmarried , having no means to maintain them ;¦ . - ' and it directed that tho overseers should provide stocks of "flax , hemp , ¦' w . ioil , thread , iron , and other ware and stuff , to set such poor on work . " Not work in a workhouise : but work at home ! Not work at a rate hkotUat in tha Stockport Uniim stone-yard ; but
work at the regular wages of tha > time And let it be borne in mind that at the time this old Poor Law was passed , the wages of labour were protected ! The minimum rate at which labour should ba paid was fixed by Act of Parliament ! ¦ There were several statutes passed in this , very reign , Elizabeth ' s , providing for this ; ordaining that at certain periods the Justices should proclaim the prices of labour , according to the price of provisions ; and al-: o ordaining , that if any employer offered Ies 3 , or any labourer accepted less than the sum so fixed , they should b- ! severely punished ! I The overseers , th ' ereiore , gave tho poor work to do at their own homes , and paid them for the work done at ihe
regular rate . [ We find we have exhausted the space at our command at thr present . The subject must therefore lie over for another week or so , when we shall resume it , and trace the introduction of the " abuses" so feelingly deplored by the authors and apologists of the New Poor Law ; We shall then ; contrast the two systems together— -the new one and the old—and apply ihe whole subject in the way of advice to the starving poor , as tw the way they should act at tha present to secure themselves from perishing for want of food .
Before we lay down the pen we must ackuowledge , in justice to the memory of the illustrious dead , that for by far the greater portion of the mav ter : of this article , we are indebted to the works of that able and stedfast friend of the labourer , the late Mr . Gobbett . No man has done more to place the question of Poor Laws in its right light than that truly great man ; and we freely declare that we have freely availed ourselves of his wfitings . We have done so , because it was iinpossible to do better . ] : ' . /' ¦' ¦ ¦ ' . ' -- ¦¦' ¦ ' : , ¦ ¦ ¦¦ - ' . '• .. '¦'' - ¦ ¦ - '
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; Psalms * . Hims . —A maiden lady , suspecting her female servant ; was regaling her beau upon the cold mutton of her larder , called Betty , arid inquired whether she did not hear some one speaking with her down stairs— - "Oh , no , Ma ' am , '' replied the girl , " it waa only- me singing a psalm . " " You may amuse yourself , Betty , " replied the maiden lady , "with psalms ; but let ' s have no Aim , Betty—I have a great objection to Atnw . " Betty curtiiedi withdrew , and took the hint .
Slow-and Scrb . — "Celsus has jastly remarked that 'Diseases slow in their progress , go off very slowly ; and that time is neoesnary to remove the deeply rootedevtla which tUne has occasioned . * This should be borne in mind by all suffering from chronic disease , deebly-rootad in the system j in order to impart patience , and perseverance in : the use of Parr ' s Life Pills for ' nowever obstinate ta , © disorder may app <^ < th « -y iiia y . i-eit fully assured :. Uiat . tim ^ wil l eScci a Tastica ^' urid . ' . per-fe ' e-vcurc . ' ' . v : "; . \ ' ' ¦¦ ¦
The Noethern Star Saturday, 1l\Y 14, 1842. G - . .
THE NOETHERN STAR SATURDAY , 1 L \ Y 14 , 1842 . g - . .
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THE NORTHERN STAR > ; .-.
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Northern Star (1837-1852), May 14, 1842, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1161/page/6/
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