glected. This weighty and popular topic of complaint was VIEW AND removed by providing another fund for the maintenance of GENERAL IN the reign, indeed, of James I, we meet with ftatutes a concerning the age and mark of beggars, and idle men ; which, however, merely describe who are proper objects of private and ecclefiaftical charity; their principal object, as well as that of all the enactments prior to the period already mentioned, appearing to have been the prevention and punishment of vagabonds. THE ftatute 1579 feems to have been intended for a general code, adapted to all claffes of poor. A plan fo extenfive in an untried and difficult path of polity, the production too of an unlettered age, could fcarcely be expected to appear at once perfect in all its parts. More fortunate, however, it has been than its contemporary the 43d of Elizabeth, the bafis of the English poor laws. For while our neighbours in England loudly complain, that," in propor"tion as the wife regulations, that were established in the "long and glorious reign of queen Elizabeth, have been fu"perfeded by subsequent enactments, the utility of the in"stitution has been impaired, and the benevolence of the "plan rendered fruitlefs "," we, in this country, have reafon for congratulating ourselves, that any defects and imperfections in our original enactment, have, as we shall see, been happily remedied, and the fyftem matured by fucceffive improvements. Originally, indeed, the benevolent plan feems, in both countries, to have commenced with equal advantages; and to have been as much alike, as it is now difimilar and oppofite, in its spirit and effect. In Scotland, the affeffment, in particular, is impofed with every poffible pre a Appendix I, No. 31. b Appendix I, No. 31 and 33. bread's bill for reforming the English poor laws. Apud Eden's State of the poor, p. 311, vol. 3. VIEW AND HISTORY. caution, and in strict conformity to the principles of the Brit§ 1. tish conftitution. In England, the cafe is faid to be, in both GENERAL refpects, quite the contrary. There a tax, to the extent of millions, is yearly impofed, at the difcretion, in the first inftance at least, of church-wardens and overseers, for the relief and fupport of the poor. Here, again, in each parish, the minister, landholders, and elders, perfons of the first refpectability, and who, in laying on an affeffment, impose a tax on themselves, hold regular and public meetings, for fcrutinifing, from time to time, the lift of the poor, and ascertaining the fum neceffary to be raised for their fupport. THE effect of each fyftem is juft what might be expect ed. Under the former, "more than one half of those mil"lions are thrown away in fuits relative to parish settlements, and fquandered by the church-wardens and overfeers in their feafts, &c. with several other species of "mifapplication and fraud;" whereas, amid all the heat and controversy refpecting the propriety of any compulfory provifion for the poor, it has never been infinuated that a fixpence of the moderate fund, cautiously raised under the latter, has in any one inftance been mifapplied. In England, while" the real purpose for which that heavy tax "is laid, viz. the maintenance of the indigent and neceffi"tous poor, is but little regarded, great fums are spent in " maintaining the idle and profligate ";" whereas the strict fcrutiny of the heritors and elders, perfonally both acquainted with the parishoners, and interested to prevent impofition, renders the Scottish poor lift, as far as human forefight can go, inacceffible to any but the truly neceffitous. "The "able and idle, it is faid, get upon the roll. A pretty nu"merous roll of penfioners," fays one, eminently qualified to judge of the effect of our poor laws, "whofe cafes have for * Lord Lyttleton's fpeech on the Mr. Gilbert, ibid, English poor laws, Parl. reg. 1775. cr many years been under my eye, is made up of the old, the VIEW AND "fick, the widow, the orphan, the imbecile, the infane "." GENERAL HISTORY. THE English poor rates, therefore, may perhaps have been justly complained of, as rewarding vice, and difcouraging industry. But, with us, "I can discern no relaxation of in"duftry from the hope of an aliment: the aliment is fo "fcanty and humiliating, that it rather operates as a stand"ing admonition to be induftrious and frugal. Inftances "are not unfrequent of fuch as recover ftrength, tefigning "the penfions; of widows refigning it as their children "grow up; and of children refigning the charge of their "parents when providence puts it in their power ."” In England, it is faid to be a question, whether the poor or rich are more diffatisfied with the poor laws? which burden the latter with exactions to fo little purpose; and harass the former, as well as indeed all the lower ranks, by removals," at the caprice of parish-officers ;"" which have at с once increased the burdens of the poor, and taken from "the collective refources of the state to fupply wants which "their operation had occafioned, and to alleviate a poverty "which they tended to perpetuated." Whereas the ablest writers against a compulfory provifion for the poor, find nothing particularly exceptionable in the Scottish fyftem . Even lord Kaimes himself, the great enemy of poor rates, is compelled to do homage to its excellency. "But if there be "fuch a tax, I know of none" (tays his lordship) " less sub"versive of industry and morals than that established in "Scotland, obliging the landholders in every parish to meet "at ftated times, in order to provide for the poor; but "leaving the objects of their charity, and the measure, to "their humanity and difcretion. In this plan, there is no 2 Dr. Charters' Sermons, vol. 2. Mr. Pitt, ibid. d Mr. Pitt, ibid. * Dr. Macfarlane's Inquiry. "incroachment on the natural duty of charity, but only that "the minority muft fubmit to the judgment of the majority." " GENERAL VIEW AND HISTORY. If then the poor's laws of England, however wise in "their original inftitution," have been "obfcured by such "corruptions; if they have thus contributed to fetter the "circulation of labour, and to substitute a system of abuses "in room of the evils which they humanely meant to re"drefs, and by ingrafting upon a defective plan defective "remedies, have produced nothing but confufion and dif"order" their unpopularity, even among that opulent and munificent nation, need not furprife us: but we may reasonably complain, that the natural fruits of fo faulty a plan fhould ever be mistaken for neceffary confequences of all compulfory provifions for the poor, or involve the Scottish fyftem likewife in one indifcriminate blame and obloquy. tion of the HENCE, however, in fome parishes, whofe other funds are infufficient for the fupport of the neceffitous poor, this unphilofophical prejudice against poor rates, as if there were a Unreafonfpell in the very name, has too fuccefsfully prevented the able prejudice against execution of our system of poor laws; which, fo far from the execu partaking a common nature with the English poor rates, Scottish has providentially avoided the very fource whence derivata poor laws. clades, and evinces its found principles by its falutary operation. "In those parts of Scotland where this law is obeyed "the good effects are manifeft. The poor are delivered "from wandering under the infirmities of age, and their "children from hopeless ignorance, idleness, and fhame"fulness: they enjoy domeftic comfort, and the fruits of "their remaining ftrength, without being obliged to over"ftrain it: their children are educated under their own eye, * Sketches of of the history of man book ii, fk. 10. t Mr. Pitt, ibid. c lbid. cccx. "&c.; the rich and the poor meet together in reciprocal "fentiments of kindnefs and gratitude, and unite in attach"ment to a conftitution whofe laws are fo confonant to the "Chriftian law of love"," Ir is the general fyftem only of the Scottish poor laws to which this praise belongs. It must be confeffed, that, on the fpur of the moment, many enactments have paffed, partial in their view, erroneous in their plan, and some of them even bringing us within imminent danger of thofe very evils which have proved fo fatal in England. Hence, therefore, on opening this part of the ftatute book, it is not the practical excellence of the fyftem that first ftrikes us, but rather an appearance of inconfiftency, intricacy, and confufion. Hence, accordingly, inquirers, who are not converfant in the Icarning of ftatutes, have sometimes been betrayed into harsh and disrespectful language. They do not confider, that no branch of any jurisprudence, depending upon successive enactments, which have been framed in the course of ages, amid the perpetual change of men, and in the manner of thinking and circumftances of the country, either is, or, in the nature of human affairs, can be exempt from appearances of incongruity. But if occafional errors have either been speedily remedied, or have never at all taken effect, while the leading principle, originally found, has throughout maintained its ground, governing the decifions of the courts, and the general practice of the country, this is the criterion of a wife and happy legislation. This praise, notwithstanding the acknowledged defects of particular ftatutes, or perhaps of fome part of almost every statute, may, without prefumption, be arrogated to the Scottish fyftem of poor laws, But the number of those unwife, inconfiftent, and forgotten, regulations, makes it proper and neceffary to con Dr. Charters' Sermons on Alms. |