itself must have spread throughout the whole of the adjacent district. In short, sir, if legal relief be allowed at all, it appears to me, as well as to both the writers quoted, that it must be made co-extensive with the necessity to which it is to be applied.-The next plan we have to consider "He proposes a

note upon this passage, Mr. Malthus gives | to such a statute might be productive of us a quotation from a work of Mr. Young's the most terrible mischief. I have myself wherein Mr. Young completely refutes witnessed such an instance, It was the himself. Mr. Malthus says, "under such case of a parish afflicted with a contagious, a law, if the distresses of the poor were to fever; wherein, if it had not been possible be aggravated tenfold, either by, the in- to have raised a sum of money equal to the crease of numbers or the recurrence of a exigency of the case; not only the inhabi-, зcarcity, the same sum would be, invatants of that parish would have been riably appropriated to their relief. If the almost exterminated, but the scourge statute which gives the poor a right to support were to remain unexpunged, we should add to the cruelty of starving them, the extreme injustice of still professing to relieve them. If this statute were expunged or altered, we should virtually deny the right of the poor to support, and only retain the absurdity of saying, is Mr. Malthus's own; that they had a right to a certain sum; an regulation to be made, declaring that no absurdity which Mr. Young justly corrects child born from any marriage taking place with much severity in the case of France." after the expiration of a year from the [Malthus, vol. ii. p. 529.]-Then, sir, date of the law; and no illegitimate child comes a note, which contains an extract born two years from the same date, should from Mr. Young's travels in France, and ever be entitled to parish, assistance." it is as follows:-"The national assembly [vol. ii. p. 396.] It is unnecessary to state of France, though they disapproved of the the details wherein he gives an account of English poor-laws, still adopted their the method whereby he would have such a principle, and declared, that the poor had law promulgated, By this measure the a right to pecuniary assistance; that the poor-laws would absolutely cease, after the assembly ought to consider such a expiration of a very short period, as to the provision as one of its first and most rising generation. But putting all other sacred duties; and that with this view, an considerations aside, what a scene of conexpence ought to be incurred of 50 fusion would ensue during the interval millions a year. Mr. Young justly ob- which must elapse, till the present geneserves, that he does not comprehend how ration should have all passed away, and it is possible to regard the expenditure of the condition of all your people should 50 millions a year as a sacred duty, and have become the same. Divided as they not extend that 50 to 100, if necesity should would be into two distinct classes, the one demand it; the 100 to 200, the 200 to possessing a claim upon you, the ather 300, and so on in the same miserable pro-none; what end would there be to their disgression which has taken place in England." content, jealousies, and quarrel! what -Sir, I think I need not detain the house jarring, wrangling, and conflict! what by adding much to the argument here so difficulties of proof and discrimination in conclusively stated; but supposing an act the first instance, and what harshness and to have passed, which should direct that severity in the second after proof should in each parish or district no more should have been obtained!-Sir, I am perfectly be raised for the relief of its poor than certain, that if the legislature could be in what had been raised in the year preceding; duced to pass a law pregnant with such that that sum should have been necessarily cruelty, within two years after, the com and unavoidably expended in ten months,mencement of its operation it must be reor upon a certain given number of paupers; pealed. Neither of these plans then, in all other cases of distress which might my estimation, hold out any rational arise after that period, must be totally prospect of success towards the gradual neglected; and yet it would be difficult to abolition of the poor-laws. But, sir, supdistinguish between the right to relief pos- posing any plan for that purpose to be sessed by those who should have received adopted, we must, before we venture upon it before the fund was exhausted, and it, anticipate its consequences; and in those who might make application for order to enable us to do so, we must look relief after it was gone.-Besides, sir, in-a little back into our history, and see what stances might occur wherein the obedience was the condition of society before the

served, that every expedient had been

enactment of any law at all for the relief of the poor. Sir, we shall find that as the tried before recourse was had to the present feudal system passed away, and the villein plan. We ought, therefore, to consider, ceased to look up to, and depend upon his before we consent to its destruction, what lord for support, poor began to be known: the probable consequences would be. If and there being no legal provision for their you were to say to men, that they had no support, they obtained alms in the cha- right to any assistance or support from racter of beggars. Mendicity was known you 'under any circumstances, you could and licensed by act of parliament under not impose any restraint upon them as to particular restrictions. But it became, as their habitations or settlement. You could we may collect from our statute-book, a not condemn them to starve, and therefore very formidable evil; so formidable, that you must allow those in need to beg. Are laws of great severity were enacted against you prepared to encounter that host of unlicensed mendicants under the descrip- sturdy and valiant beggars, who under the tion of vagabonds and sturdy beggars. cloak of the distresses of those who were During the prevalence of the Roman Ca- compelled to beg in order to preserve life, tholic religion, the monasteries afforded would extort from you wherewithal to ingreat relief to the evil. After their disso-dulge their profligate idleness? If you lution, it must have increased with great should absolutely deny their right to suprapidity, and raged with great violence; port out of your property, they might have for in the first year of Edward VI. a sta-recourse to the original right of occupancy. tute was passed, containing enactments of For each man born has surely a right to such atrocious cruelty, that those who occupy a spot of ground, which may have have not read it, will hardly believe in its been left unoccupied by those who had existence. It is thereby enacted, "that come into the world before him; although if any person shall be found idle for the he may not possess any right to the ground space of 3 days, he may be seized upon as occupied by another, or to any part of the a slave, and having been branded in the fruit of his labours. But if all the land be breast with a red-hot iron, with the letter occupied, so that those who are born can S, he shall be fed upon bread and water, settle no where in order to maintain themand compelled to work for the person so selves, and you deny their right to asseizing him, however vile the work inay sistance, your metaphysical positions may be, by beating, chaining, or otherwise. be unquestionable, but you would create a Further, that if he absent himself from his set of dangerous enemies. Might they not said master for the space of 14 days, he become a most formidable body? and what shall be branded on the forehead, and ad-step could you take to cure or correct the judged a slave for ever."-True it is, this evil you thus improvidently created ?— statute was not long suffered to disgrace Sir, I cannot look forward to such a situayour book, for it was repealed in the 3d tion without great dread and apprehension, and 4th year of the same king; but it nor can I consent to break that chain, sufficiently serves to shew how dreadful which, with all its imperfections and disthe state of the lower orders of the com- advantages, binds the different classes of munity must have been, to induce a legis- society indissolubly together, and which I lature to think of such horrible remedies. hope to preserve undissolved, and to be The laws, however, against beggars and able to render light.-If then, sir, a total vagrants, were still very severe and cruel. and immediate abrogation of your poorNotwithstanding the very statute I have laws is out of the question, and if no prac above recited, and divers others before ticable plan presents itself for their gradual that time, contained provisions for the re- abolition, what remains to be done? Why, lief of the poor, by encouraging the distri- sir," thinking it unadvisable to abolish the bution of alms, and at last by compelling poor-laws, I have endeavoured to obtain a the gift of them, it was not until the general knowledge of those principles which enactment of that system of laws, during render them inefficient in their humane in the reign of Elizabeth, on which we now tentions, and to apply it so far as to modify act, that these severities all disappeared. them, and regulate their execution, so as to A right hon. gent. over the way, (Mr. remove many of the evils with which they are Rose) who has paid great and commendable accompanied, and make them less objecattention to this subject, in a very useful tionable." [Malthus, vol. ii. p. 552.] In propamphlet on the Poor-Laws, has justly ob-posing to the house my ideas on the sub

ject, I am happy that I have it in my power | tain the universal concurrence of this previously to inform them, that I shall house; I mean that of non-interference orge nothing which has not the sanction with the concerns of the poor, until necesof the highest authority to recommend it, sity calls for it.-Sir, I hold that I have no or the support of long-tried experience and more right to meddle with the private conpractice to justify its adoption. Sir, my cerns of the labourer, to tell him how he wish is not to get rid of the poor-laws, shall be lodged, or fed, or clothed, than but, I think, by taking proper steps, they he has to interfere with mine, until he apmay hereafter become almost obsolete. plies to me for relief. Then the right beAnd I am sanguine enough to hope that if gins, and again it terminates when he is what I have to propose should meet with again able to provide for himself. I am as the concurrence of parliament, in the lapse sure of the sound policy of the doctrine of of half a century they would be little leaving the poor to their own management, used; but I would have such a code al- as I am sure of the right they have to be so ways remain upon your statute book, in left: and notwithstanding the instances of order that there might be a sure and legal unthriftiness and dissolute selfishness which refuge under any change of circumstances, we witness in some characters, generally or society, for indigence and distress.- speaking, they manage for themselves much The principles on which I would proceed, better than we could manage for them.to effect this most desireable object, are Having, sir, however unwillingly, felt my these to exalt the character of the labour-self under the necessity of detaining the ing classes of your community. To give house with this preliminary matter, I shall the labourer consequence in his own eyes, now proceed to open to you the details of and in those of his fellows, to make him a the plan I would propose. Sir, I think the ft companion for himself, and fit to asso-house must anticipate that in the front of ciate with civilized men. To excite him to my plan for the exaltation of the character acquire property, that he may taste its of the labourer, must appear a scheme for sweets; and to give him inviolable security general national education. So it is; and for that property, when it is acquired. To upon its effects I mainly rely for the conmitigate those restraints which now confine summation of my wishes. Sir, it would be and cramp his sphere of action. To hold needless, in speaking before an assembly so out a hope of reward to his patient indus- enlightened as that which I have now the try. To render dependent poverty, in all honour to address, to dwell upon the becases, degradation in his eyes, and at all times neficial effects of the general diffusion of less desirable than independent industry.- knowledge. I have of late heard it magniHaving accomplished this first grand object, ficently said from the chair in which you I would endeavour to lighten the burthens preside, that this house would at all times which must inevitably be borne, by making open its doors wide to receive the petitions their distribution more equal. I would pro- of the people. Sir, I would borrow that pose some material alterations in the mode of expression, and bid you throw open wide affording relief; to put some of your pre- the portals of the human understanding to sent institutions on a more orderly footing, the introduction of light and knowledge, in and to enable you to distinguish between order that virtue and happiness might folyour criminal, and innocently necessitous low in their train. If there could exist a poor.-In pursuing these objects, it has doubt about it in the mind of any man who been my wish, and I hope I have succeeded, hears me, I would refer him to the contemto steer clear of all new sources of litiga-plation of the character of savage, uncivition; not to disturb any of those decisions lized man. More helpless than the brutes of the courts of justice which have formed amongst which he obtains a precarious the guide for the conduct of magistrates, and those intrusted to their care; and not, in the smallest degree, to alter or vary the ancient boundaries and diyisions of the kingdom. I should further add, that I do not intend to regulate for any of those places whose concerns are provided for by special acts of parliament.-Sir, there is another principle upon which I wish to proceed, and in which I hope I shall ob

subsistence, but more dangerous than them to his fellow creatures, because under the influence of malignant passions by which they are not excited or tormented. Look into the pages of that writer whom I have so often quoted; see, and shudder at the description of a totally uncivilized human being in every quarter of the world, from the northern to the southern extremity of the globe. Trace man from that rude state,

You

step by step, till he arrives at the highest | there prevailed amongst you a general sys polish of refinement in a civilized society, tem of national education? Sir, I think such as that in which we have the good none of these things could have happened, fortune to live, and I think you will be where the light of knowledge and of truth compelled to confess that every step to-had universally beamed. Sir, I have conwards civilization, notwithstanding the ad-tended for parliamentary reform in this ventitious vices which undoubtedly attend house, and I am still a sincere and decided its progress, is a step towards morality and friend to the reformation of parliament: order. Sir, in a political point of view, but I do not believe that any scheme could nothing can possibly afford greater stability be devised, so totally unobjectionable in its to a popular government than the educa-means, and so entirely efficacious to its obtion of your people. Contemplate igno-ject of increasing the purity of this house, rance in the hand of craft; what a despe- as the general instruction of your people. rate weapon does it afford! How impotent Nothing could so tend to diffuse the prindoes craft become before an instructed and ciples and practice of Christianity. enlightened multitude.-Sir, view the in-translate the Scriptures into the vulgar justice and cruelty of ignorance; the vio-tongue, that all may have an opportunity lence and horrors of a deladed and infu- of knowing, weighing, and following the riate mob; destroying its victims without divine precepts they contain. Open the selection or remorse, itself ultimately the eyes of your people, that they may read victim of its own infatuation and guilt. what you have so written, and your work I would fain illustrate to you what I feel, is done.-Sir, I have the greatest authori by calling your attention to a story of re-ties of the living and the dead, to recommote antiquity; and I would ask whether mend what I propose. Adam Smith, Mr. the great Aristides could have suffered the Malthus, the right hon. gent. opposite to injustice he met with from the Athenian me (Mr. Rose), the benevolent editor of the people, had the ungrateful crowd whom he tracts which come from the Society for had so faithfully served, been sufficiently bettering the Condition of the Poor, all instructed to appreciate those services? agree in recomniending national education Could any but a wretch as ignorant as the as the first step towards the alleviation of one who asked him to engrave his own name your burthens, and the amelioration of the on the shell which was to condemn him to condition of your people. Added to this, banishment, have been weary of hearing we have example and experience before him called "the Just ?"-Sir, to come our eyes. Look at Scotland. See her nearer to our own times, could the great enviable state with regard to her poor. pensioner De Witt and his unhappy bro-That country is the theme of panegyric ther have met with their cruel and ignomi- Jamongst all who have visited her, on acnious death from the hands of an enlight-count of the situation of her labouring ened populace? To bring it immediately classes; and yet she has your system of home, could the disgraceful scenes of 1780, poor-laws; the enactments are the same; have taken place in this metropolis, had they are still in force, they have been in

As much misapprehension prevails in this country on the subject of the Poor-Laws in Scotland, many persons not believing in the existence of the laws themselves, and others better informed as to that fact, having erroneously asserted that they are not now in force, I have thought it advisable to give the following brief but very perspicuous statement of the law, and the facts upon it, for which I am greatly indebted to Mr. Horner and the Rev. Sir Henry Moncrieff.

Note on the Scotch Poor-Lates, by Mr. Horner; Feb. 17, 1807.--"STATUTE LAW. The most ancient "enactments in the Scotch statute book on the subject of the poor, are of these dates; act 1424, "c. 25.-1503, c. 70.--and 1555, c. 22. Their object is to check the increase of vagrants, by suf "fering none to beg but those who were licensed to wear a badge.-After the dissolution of the catho"lic establishment, some of the leaders of the reformation tried to obtain, under the new system, a "plan for the regular support of the poor. In the parliament held in 1560, it was proposed, that the "revenues of the abolished church should be applied towards the maintenance of ministers, the educa ❝tion of youth, and the support of the poor. But this proposal was not listened to. The first general "assembly of the kirk was held in Dec. the same year, 1560; they drew up the first book of disci "pline, which they presented to the convention of estates, held 15th Jan. 1561, and the same plan for a distribution of the church revenues was hinted at. But the nobles, we are told by John Knox, re<jected the scheme as a devout imagination.'-The act of the year 1579, with a few amendments "subsequently made, forms the Scotch code of poor-laws. It is almost a literal transcript of an "English statute, passed seven years before, the 14th of Eliz. c. 5, which, though not printed in the "modern editions of the statutes at large, may be found in the older collections; as in the second volume of Rastell, Sir F. Eden, in consequence of having overlooked this original statute of Elizabeth,

general use, they may be and are still often Scotland, and I will prove to you that that resorted to, and time was when the state of effect was produced by education alone. the poor on the other side of the Tweed, Sir, the system of our poor-laws was inas I shall presently shew you, was more troduced into Scotland by an act passed wretched, and their violence greater, than in the year 1579, which was almost a litewas almost ever known in the southern ral transcript from the act passed in the part of the island. Now, the poor-laws 14th of Elizabeth: a variety of other staare almost totally in disuse, and all is re- tutes followed, shewing by their preambles gularity and order. What was the day-star that the provisions of the first act had been then which shone forth and calmed these executed. Some of these acts were passed troubles? Education. To borrow a quo- in the time of Charles II. Late decisions tation from the beautiful speeches of the of the court of session shew these laws to Jate Mr. Burke, wherein he describes edu-be now in full force. Most of the inforcation to have calmed the disorders of mation I have obtained on the subject of some parts of this island:

Simul Alba nautis

Stella refulsit,

Defluit saxis agitatus humor;

Concidunt venti, fugiuntque nubes:
Et minax (sie Dî voluêrė) ponto
Unda recumbit.

Such was the effect of education

the Scottish law relating to the poor, I owe to an hon. member of this house (Mr. Horner), who has been well known in the republic of letters, and at the bar of Scot land; and who is sure to become an ornament of this assembly. Now, sir, I will upon trouble you to direct your attention to a

has fallen into a very remarkable mistake, when he intimates his opinion, that the English system " of assessment was borrowed from the Scotch act of 1579. On the contrary, the latter is so closely copied from the English statute, that the execution of the act in country parishes is committed to "them that sall be constitute justices be the king is commissioners;' and justices of the peace were "not introduced into Scotland till 1689. It is also worthy of being remarked, that the only general ** regulation, which the Scotch legislature in 1579, did not copy from the 14th of Eliz. is that which "directs the surplus of the poor's fund, to be employed in providing work for able-bodied vagrants.— "We learn from the preamble of an act of the year 1592, cap. 149, that the system of the act 1579, for "the maintenance of the poor had already been carried partially into execution. The act 1597, c. 272, to obviate the want of justices, committed the execution of the act 1579, in country parishes upon the kirk sessions.-In the three next acts, 1617, c. 10, 1663, c. 16, and 1672, c. 18, there are various provisions for a scheme of erecting workhouses for vagrants; which fortunately proved abor"tive. The second of those statutes, however, contains a most important enactment, with respect to the mode of assessing the heritors and their tenants; one half of the rate being ordained to be paid "by the heritors of the parish, and the other half by the tenants and possessors.The last period of "Scotch enactments relating to the poor, is the reign of king William. During the severe dearth, which lasted from 1692 to 1699, (the seven ill yours as they are still called by the common people), there were four proclainations of council, and three acts of parliament, enforcing the execution of "former acts for the relief of the poor. They are merely declaratory of those aots."

Decisions of the Court of Session." There are in the books of Scotch law, for the last hundred years, down to the present day, many cases upon the construction of the foregoing statutes, with "respect to the mode of their execution. There is no doubt of their being in full force; though in "point of fact, the rate is assessed only in some districts of Scotland. A short notice of two or three "leading cases, will sufficiently prove the actual existence of a statutory assessment in that part of "the kingdom.-By a decision of the 6th of June, 1745, the court of session, decreed, in a question "between two parishes in Berwickshire, and upon construction of the acts of Charles II. that a resi*dence of 3 years in a parish, gives the pauper a right to relief. The decree of the court directed, that the heritors of the parish of Dunse should meet, and assess themselves accordingly.-In the case "of the parish of Humbic, which was decided on the 15th of Feb. 1751, with regard to the joint admi"nistration by the heritors and the kirk session, the whole system of the Scotch poor-laws was inves"tigated very minutely; and not only the decree, but all the arguments on both sides, proceed upon the supposition that the act 1579, with the subsequent amendments, was fully in force.-Since the last scarcity, a case had been determined in the court of session, which turned upon this question; viz. whether, under the Scotch poor-laws, those persons are entitled to relief, who, without any per*sonal infirmity, are rendered unable by the high price of provisions to maintain themselves in time "of dearth? And, whether an assessment for the relief of such persons was legal? The court decreed, "on the 17th of Jan. 1804, that such relief and assessment were legal under the statutes: and the ar"guments used to obtain a contrary decree were, not that the statutes were not in force, but that they did not strictly include this particular case. This came likewise from the parish of Dunse in Berwickshire."

Note on the Scotch Poor-Laws, by the Rev. Sir Henry Moncrieff." Assessments are made by law in ** many parishes of Scotland, for the relief of the poor. They have been regularly made in some parishes for 40 years past; and become from obvious causes, more frequent every year.-In many parishes they have been hitherto unnecessary; the collections at the churches every Sunday, and in "many instances, other fands, in the hands of the kirk sessions, being sufficient without assessments *to provide for the parochial poor; this is the case still in the greatest number of parishes.-In small ** country parishes, or in parishes where there are no considerable towns or villages, the assessments