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A44144 A discourse touching provision for the poor written by Sir Matthew Hale ... Hale, Matthew, Sir, 1609-1676. 1683 (1683) Wing H241; ESTC R11202 17,579 98

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afford them For instance a Poor Man and his Wife though able to work may have four Children two of them possibly able to work two not able The Father and the Mother are not able to maintain themselves and their Family in Meat Drink Cloathing and House-rent under ten Shillings per Week and so much they might probably get if imployed This amounts to 26. l. per Annum if there were forty such Families in a great Parish and they lived upon this Exhibition colleited by rates it would arise to above 800. l. per Annum which in many Parishes Exceeds the yearly Value of their Lands or Rents yet when these Persons are kept on work thus much must be gotten by them and without a supply Equivalent to this they must live by Begging or Stealing or Starve Therefore the second Provision is 2. For those Poor that are able to work and in reference to them it gives power to raise Stocks by rateing the Parishioners and setting the Poor on work The defects of this Provision are 1. In the Execution of the Law already made for let any man look over most of the Populous Parishes in England indeed there are rates made for the relief of the Impotent Poor and it may be the same relief is also given in a narrow measure unto some others that have great Families and upon this they live miserably and at best from Hand to Mouth and if they cannot get work to make out their livelyhood they and their Children set up a trade of Begging at best But it is rare to see any Provision of a Stock in any Parish for the relief of the Poor And the reasons are principally these 1. The Generality of People that are able are yet unwilling to Exceed the present necessary charge they do choose to live for an hour rather than project for the future and although possibly trebling their Exhibition in one grofs sum at the beginning of the year to raise a Stock might in all probability render their future yearly payments for seven years together less by half or two thirds than what must be without it yet they had rather continue on their yearly Payments year after year though it Exhaust them in time and make the Poor nothing the better at the years End 2. Because those places where there are most Poor consist for the most part of Trades-men whose Estates lye principally in their Stocks which they will not endure to be searched into to make them contributary to raise any considerable Stock for the Poor nor indeed so much as to the ordinary Contributions But they lay all the rates to the Poor upon the Rents of Lands and Houses which alone without the help of the Stocks are not able to raise a Stock for the Poor although it is very plain that Stocks are as well by Law rateable as Lands both to the relief and raising a Stock for the Poor 3. Because the Church-Wardens and Overseers to whom this power is given are Inhabitants of the same Parish and are either unwilling to charge themselves or displease their Neighbours in Charging more than they needs must towards the Poor And although it were to be wished and hoped that the Justices of Peace would be forwardly to Enforce them if they might though it may concern them also in point of present profit yet if they would do any thing herein they are not impowered to and Overseers to do it who most certainly will never go about it to burden as they think themselves and displease their Neighbours unless some Compulsary power were not only lodged by Law but also executed in some that may have a power over them to inforce it or to do it if they do it not and to do it effectually if they do it either partially or too sparingly 4. Because People do not consider the inconvenience that will in time grow to themselves by this neglect and the benefit that would in a little time accrue to them by putting it in practise if they would have but a little patience as shall be shewen hereafter 2. The second Defect is in the Law itself which are these 1. No power in the Justices of Peace or some Superintendent power to compel the raising of a Stock where the Church-Wardens and Overseers neglect it 2. The act chargeth every Parish apart where it may be they are able to do little towards it neither would it be so effectual as if three four five or more contiguous Parishes did contribute towards the raising of a Stock proportionable to their Poor respectively 3. There is no power for hireing or erecting a common House or place for their common Work-House which may be in some respects and upon some occasions useful and necessary as shall be shewen CHAP. III. The Remedy propounded 1. THAT the Justices of the Peace at the Quarter Sessions do set out distribute the Parishes in their several Countiesinto several Divisions in Each of which there may be a Work-House for the common use of the respective Divisions wherein they are respectively placed viz. one two three four five or six Parishes to a Work-House according to the greatness or sinalness and accommodation of the several Parishes 2. That at that Sessions the Church-Wardens and Overseers of the Poor of the respective P Parishes bring in their several rates for their relief of their respective Poor upon Oath And that the said Justices do assess three four or five yearly Pays to be levyed and collected at one or two entire sums within the time prefixed by them for the raising of a Stock to set the Poor within those Precincts on work and to build or procure a convenient Work-House for imploying the Poor if need be in it and for lodging Materials and for instructing Children in the Trade or Work 3. That there be yearly Chose by the said Justices a Master for Each Work-House with a convenient Salary out of the said Stock or the proceed thereof to continue for 3 years and two Overseers to see the Issuing and return of the said Stock and to take the accounts quarterly or monthly of the Master as they shall think fit 4. That the Stock be delivered to the Overseers and by them Issued to the Master as there shall be occasion and that they also from time to time receive the proceed of the said Stock and the accompts for the same 5. That at the End of every year the Master and Overseers give up their accounts to the two next Justices of the Peace at times by them prefixed and publickly notifyed to the Inhabitants of Each Precinct to the End that they may take any Exceptions to such accounts if there be cause 6. That the Master and Overseers of every respective Work-House stand and be incorporate by the name of Master and Overseers of their respective Precincts and capable to take in Succession by will or otherwise Lands Goods or Money or other Legacies or Gifts for the
But this provision doth but little in order to relief For 1. for the most part such Hospitals Extend but to a few aged Persons limited to some particular Town unless it be in the large Hospitals in London where there is some provision more Extensive in respect both of number and age as St. Thomas Hospital Christ-Church Hospital and some others 2. But besides this those are but Voluntary and not Compulsary although there may be some that may be charitably minded yet for the most part men are backward in works of Charity Self love Covetousness distrust of the Truth and Providence of God keeps most from overflowing Charity or Building or Endowing Hospitals Therefore there was a Compulsary laid upon men for the relief of the Poor within their respective Parishes viz. the Statute of 43. Eliz. Cap. 2. being the first compulsary Law that I remember of that kind And indeed it now became necessary to be done by a Compulsary means which before that time was left more arbitrary because the Kingdom became then much more Populous than in former time and with it the Poor also greatly increased and besides many of those methods of their voluntary relief was then much abated which Statute Enables the Church-Wardens and Overseers c. to do these things 1. To take order for setting to work the Children of those whose Parents are not able to maintain their Children 2. To take order to set those to work as such having no means to maintain themselves use no ordinary trade But provides not sufficient Compulsaries to make them work 3. To raise weekly by Taxation a convenient stock of Flax Hemp c. to set the Poor on work But no means at the first before the return of the Manufacture to pay them wages in Express words but is supplyed by the latter general clause And to do and Execute all other things as well for the disposing of the said Stock or otherwise concerning the premises as to them shall seem convenient 4. To raise competent sums of Money for the impotent Poor not able to work 5. Also for the putting of Poor Children Apprentices but no Compulsary for any to receive them Among all these Provisions the 4th concerns the relief of the Poor by Taxation and Contributions to such as are impotent the four other particulars concern their Imployment and of such as are able to work which is the far greater number And although the relief of the Impotent Poor seems to be a Charity of more immediate Exigence yet the Imployment of the Poor is a Charity of greater Extent and of very great and important Consequence to the publique Wealth and Peace of the Kingdom as also to the Benefit and Advantage of the Poor I therefore come to that second Business relating to the Poor viz. the setting the Poor on Work The Laws that concern that Business of the Imployment of the Poor are of two kinds viz. that which contains a Compulsary means of providing work for the Poor which is the Statute of 43. Eliz. And secondly those Laws which are in some kind Compulsary to force Persons to work and these are of two kinds viz. 1. Those that concern Children and the Binding of them Apprentices viz. the Clause of the Statute 43. Eliz. Cap. 4. before mentioned and the Statute 7. Jac. Cap. 1. which makes fair Provision for the raising of Money to bind them and directs the manner of its Imployment But as before is observed hath not any sufficient Compulsary for Persons to take them perchance there might be fit to have some such qualifications in that Compulsary which might not leave it too arbitrary in the Justices of Peace to compell whom they please to take whom they please But this is not the Business I drive at perchance the general Provision which I design may make this at least not so frequently necessary 2. In reference to Rogues Vagabonds and Idle disorderly Persons the Statute 7. Jac. Cap. 4. gives power to the Justices of Peace to send them to the House of Correction which they are thereby required to cause to be Erected 2. Power to the Master of such House of Correction to keep them to work But even in this particular there are defects 1. It is not general for all Persons but at most Idle and disorderly Persons 2. That description is very uncertain in reference to such Persons and leaves the Justices either too great or too little power 3. For want of a convenient Stock to be raised for such Houses of Correction and advantageous ways for such work it either leaves such as are sent without an Imployment or renders their Imployment ungrateful in respect of the sinalness of the wages and rather makes People hate Imployment as a hell than to Entertain it as a means of a comfortable support which though it may be well enough as a punishment for disorderly persons that refuse to work yet it is not applicable to those that are only idle it work 4. It is a difficult thing to determine who shall be said an idle Person it is a reasonable answer to that they are Idle for want of such work as they are able to do or for want of such wages as might give them a reasonable support For there is no power given nor is it reasonable it should to compel Persons to set them on work or to set them on work at convenient wages 5. And lastly it is not universal many Persons are not within that Law which would work if they might or if they might at reasonable rates whereby they might live There is need therefore of some such provision that might be as ample as the occasion and without which indeed all the Laws already made are either weak and ineffectual to their Ends and the generality of the Poor left destitute of a convenient support and provision CHAP. II. Touching the Power by the Law setled for the general Provision for the Poor and their defect UPon the consideration of the Statutes for the Poor the only Statute that provides universally is that of 43. Eliz. which generally makes two Provisions 1. For the Impotent Poor that are not able to work And it is true is a good and Effectual Provision for such if duely Executed But as I said before the Plaister is not so large as the sore there are many Poor that are able to work if they had it and had it at reasonable wages whereby they might support themselves and their Families which oftentimes are many These are not within the Provision of the Law and if they come for Exhibitions they are denyed or at least have but very small and such as cannot support them and their Families And indeed if they should have sufficient Exhibition for the support of them and their Families the Parishes where they live were not able to supply them in a proportion answerable to their necessities or answerable to that supply which a full Imployment would
Benefit of the Poor within their respective Precincts 7. That they also be accomptable as well to their respective Successours and also to the Justices of the Peace at their Quarter Sessions for the benefit and proceed and Imployment of such Gifts and Bequests 8. That they be disabled to grant any Lands to them given or bequeathed for any longer term then one Year and at an improved Rent 9. That if any Person that is able to work and not able to maintain himself shall refuse to do so he may be forced thereunto by Warrant of two Justices of Peace by Imprisonment and moderate correction in such Work-House 10. If any Person imployed by the Master shall imbezill or wilfully prejudice or spoil his work he shall upon complaint and proof thereof by the Party grieved to any Justice of Peace and by Warrant from him receive Imprisonment or moderate correction by Warrant of such Justice These be the heads of that Provision I could wish for the setting the Poor on work which is but an Essay and may receive Alterations or Additions upon consideration The Benefits that would come by this Method would be very many and great I shall set down some of them that occur to me 1. By Incorporating of these Work-Houses which are the best kind of Hospitals charitable minded Persons would have as it were a Pillar whereunto to fasten their Charity which would prevent many Difficulties in the faithfull Administrations thereof and would invite Benefactors 2. Whereas Hospitals provide for some few Poor Impotent People this would prevent Poverty and in a little tract of time bring up hundreds to be able to gain their lively hoods 3. Whereas in that State that things are our Populousness which is the greatest blessing a Kingdom can have becomes the burden of the Kingdom by breeding up whole Races and Families and successive Generations in a mere Trade of Idleness Thieving Begging and a barbarous kind of life which must in time prodigiously increase and overgrow the whole face of the Kingdom and eat out the heart of it This course within one seven Years alters the whole State of this Disorder and brings People and their Children after them into a Regular Orderly and Industrious course of life which will be as natural to them as now Idleness and Begging and Theeving is For no Person will have need to Beg or Steal because he may gain his living better by Working And no man will be so vain and indeed hurtfull to the Publique as to give to such as Beg and thereby to encourage them when he is sure they may gain their living by Working And all the Laws against Vagrants Beggers and Wanderers will be then Effectually put in Execution when we may be sure they may be imployed if they will But till that the interdicting and punishing of the Beggers and Givers seems to me a most unreasonable piece of Imprudence as well as Uncharitableness 4 By this means the Wealth of the Nation will be increased Manufactures advanced and Every Body put into a capacity of Eating his own Bread for upon what imaginable account can we think that we should not be as able to improve our Populousness to our Wealth as well as Holland and Flanders and Berbadoes if we had but their Industry and Orderly Management If it be said their Disposition is more Industrious than ours It is true in that condition that matters are ordered but if we had the same Industrious Education we should have the same Industrious Disposition let a man one that hath been bred up in the Trade of Begging he will never unless complelled fall to Industry and on the other side it is a wonderful Necessity indeed that shall bring one bred up in Civility and Industry to Beg as is Easily observable in many poor Places and Families And were there no other Benefit to the Kingdom in general nor to the particular Places where such Work-Houses shall be settled but this although the Stock were wholly lost in four Years it would be an abundant Recompence by the accustoming the poor sort to a Civil and Industrious course of life whereby they would soon become not only not burdensom but profitable to the Kingdom and the Places where they live 5. By this means there would soon be an Improvement of the several Manufactures of the Kingdom both for the necessary Consumption of the Kingdom and for Exportation whereby our Trade Outward would exceed our Trade Inward which Outward Trade as it is the Basis and Foundation of all our Trade Inward And the Excess and Overballance of our Trade Outward to our Trade Inward is the only means not only to keep our Money at home but to gain an increase of Money and so advanceth the true Intrinsique Wealth of the Kingdom for as of our Hand if our Trade Outward Exceed our Trade Inward the Excess must of Necessity be returned in Money or Bullion so if our Trade Inward Exceed our Trade Outward the Excess must be made good from hence in Money which must needs insensibly impoverish the Kingdom and Experience makes us know it to be true Now the Advance of our Manufactures would be by this means plainly Evident for Woollen Manufactures or Cloath the Staple Commodity of this Kingdom would be more these other Woollen Manufactures as Kersyes Serges Baize which though now confined to several parts of the Kingdom as Devonshire Norfolk Colchester would be by this means diffused over the whole Kingdom and those Places which have little of Woollen Manufacture as Lincolnshire Northamptonshire and other Counties would soon fall into it So likewise knitting of Stockings Capps Wast-Coats and the like 2. Our Linnen Manufactures as Linnen Cloath Laces of all forts Nets Sails c. would become native and supply the Want of the Kingdom and prevent the necessity of Importation of Linnen Cloath from Holland and France of Laces from Flanders And as this trade is in some degree used in Lancashire Leicestershire and some other Places so it would be communicated to other Places of the Kingdom And it is very considerable the numbers of Poor that would be by this means imployed in dressing of Hemp and Flax Spinning Weaving Whitening and the like And if any shall say we want the Materials terials and we want those that should instruct the Poor in the Ordering of them The Answer is at hand If once the Manufacture were begun to be put into a Method by this way all men would quickly sow Hemp and Flax in some Parcels of their Tillage and possibly some Lands that were not so fit for other Tillage would be imployed in this two Acres of Hemp and Flax in every Parish would imploy multitudes which now People neglect to sow because they have no way to vent or imploy it And for Instructors when once the alarm is abroad of such a design it will draw over Workmen from other Forreign Parts and by this means we gained or at least
in it though not so much as at other times and then the good times make amends for the bad 2. Or else though there be no gain there will be no loss but it stands at a stay and if it doth so this design attains its End which is the Imployment of the Poor Though it yields not the Master or Trader any gain yet it yields the Poor a subsistence in their Wages and Work It is true a private Tradesman looks to gain so much as may at least maintain himself and his Family And if he doth not he gives over his Trading as not answering his end and it may be in some cases reasonable to do so But though here be little or no gain yet the End is attained because the Poor are imployed and paid though the Stock increase not 3. Or else there is Loss To this I say 1. If there be Loss yet it is but gradual not altogether Suppose it be twenty thirty or forty Pounds in a Year in a Stock of four hundred Pounds and by that account yet this Stock will not be wholly exhausted in five or six Years and if it should be so yet the Loss to the Parish would not be more than it would be if its old course of contribution at the height that it would have been during the spending of that Stock which is thereby as before is observed in a great measure remedied 2. These decays may possibly be repaired by charitable Gifts and Bequests 3. But if it were not yet such gradual decays may be supplyed by the Parishes with the same Ease that their contribution would have been all things considered and possibly better times of Trade may happen at least once in two or three Years which may repair the loss or at least keep the Stock at its full gage with small helps 4. But suppose the worst and that in the Compass of three or four Years the whole Stock were wholly drawn dry I say confidently that the Advantage the Country would have by a course of industrious Education of the Poor continued but one three or four Years will more then countervail the loss of a very considerable Stock in preventing that Trade of Idleness which grows up in Poor Families which will dayly infinitely increase and will receive a very great check and possibly such as will for ever prevent the return of such a course of life by the interruption of a tract of three or four Years of Imployment and will put thousands in that tract of time into a course of trade and livelyhood which they will carry with them all their lives after 5. And besides all this it is not likely the trade will suffer a perpetual interruption but Even while this Stock is in this wane and declination private men will be trading and then in this decay and declination of the Stock if it should be unsupplyed there will be Work at private hands and Persons instructed and fitted and able to do it which may prevent a total interruption of an industrious Education and may give some intervals of relaxation of the Imployment of the common Stock at least in that fullness as formerly till it be recruited by new supplyes 6. But yet farther the Method of the proposed Imployment though it be principally bottomed upon the trade of Woollen Cloathing yet it will have other supplyes as is propounded as making of Kersyes Baize Knitting of Stockings dressing ordering of Hemp and Flax and Spinning and Weaving it And though there were no other but the Woollen Manufacture yet if it should please our Superiors to interdict the Wearing of forrein Manufactures our own consumption at home and the necessity that they have in forrein parts of our Woollen Manufactures would double the Trade of Woollen Manufactures 5. Obj. The Poor have Work already if they will work and the setting up of such a publique Trade will but make Workmen the more independent and decline the Imployment of private Traders which will tend to the decay of Trade I Answer I. It is true when Trading is quick possibly they may have Work enough but upon any check in Trade they are oftentimes turned off unless they will work at Extream low Wages and ill paid 2. When work is so plenteous at private hands there may be an intermission or relaxation of the Imployment of the common Stock Especially if they can have better Wages at private hands for it will be enough for this to be supplemental of the defects of work at others hands and it sufficiently attains its End if it may be a refuge at the time of need for those that would work and cannot get it and an Expedient to enforce those to work that can and willnot 6. Objection Poor that do their work well and are honest and industrious cannot want work when any is to be had in the country and those that are not imployed are either such as will not work or cannot tell how to work or will steal and purloyn their Work These will undo the Work-House I answer 1. Some times there are when the honestest Workmen cannot get Work and this will be a reserve for them 2. But as for others here will be an Expedient to teach them to Work that cannot and to compell them to Work that can and to punish them that are dishonest in their Work 3. And if there were no punishment yet when a Work-House and Stock is once settled that would be sufficient to make them Work For when every man were once sure that they that would honestly Work might have it and reasonable Wages every Wanderer and Begger would be esteemed such a Person as will not work or will be dishonest in it and not fit to be relieved but the Laws to be severely put in Execution against them 7. Obj. But where shall we have men that will undertake the imployment and be faithful and trusty in it I answer 1. There be many poor and honest men who for a small Salary and a Room or two to Work and lodge in the Work-House would be fit enough to undertake the Imployment of a Master and yet he would have no great trust upon him for the Stock would be lodged in the hands of the Overseers and they to deliver it out and take weekly or monethly accounts Which Overseers may be substantial men and at no great trouble and eligible either by the Justices of Peace or Parishioners yearly or once in three Years and their trouble would be no greater than the trouble of Overseers of the Poor or Church-wardens in any Parish And thus I have hastily and cursorily gone through the Method Reasons and Objections of this Proposal which I am sure if it can be brought to a due accomplishment is 1. A Work of great Humanity and such as we owe to those of our own Nature as we are men The wise God did tell his ancient People that the Poor should be always among them which was 1. To Exercise their Liberality and Charity in supplying the wants of some by the abundance of others And 2. To Exercise their discretion industry to think of and set on foot such means as might put them in a course of honest Imployment and Encourage them in it they that are rich are Stewards of their Wealth and they that are wise are Stewards of their Wisdom unto that great Master of the Family of Heaven and Earth to whom they must give an account of both and one I am sure of the best accounts they can give of both is to imploy them in the Reformation Relief of those that want both or either Am I my Brothers keeper was the answer of one of the worst of men 2. A Work that as well becomes a Christian as any Christianity recommending Charity as one of the principal Christian Virtues And indeed the ill Provision for the Poor in England is one of the greatest reproaches to us in relation to our Christian Profession 3. A Work for a good English man The want of a due Provision for Education and relief of the Poor in a way of Industry is that which fills the Goals with Malefactors and fills the Kingdom with idle and unprofitable Persons that consume the Stock of the Kingdom without improving it and that will daily increase even to a desolation in time And this Error in the first concoction is never remediable but by Gibbets and whipping But there must be a sound prudent and resolved Method for an Industrious Education of the Poor and that will give better remedy against these corruptions than the after gain of penalties can FINIS