Imatges de pàgina
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THE ENGLISH POOR LAW

PART THE THIRD

Accession of George I.-The Riot and Septennial Acts-Punishment of
robbery-Idle youths to serve in the colonies-Desertion of families—
Punishments for killing deer and destroying plantations-Piracy-
Regulation of trade-South Sea scheme-Amendment of the law-
Regulation of relief-Parishes may unite for providing poorhouses-
Settlement-New workhouses-Illegal confederacies-Prohibition of
trade combinations and "truck"-Accession of George II.-Bastardy-
The "Charitable Corporation" - Robberies-Corn-riots-Scarcity of
corn; its exportation prohibited-The Foundling Hospital-War
against Spain and France-Rebellion of 1745-Protection from theft-
Duties of overseers--Liability of incomers to pay rates-Rating of
reclaimed lands-The Vagrant Act-Dr. Burn on vagrancy-The
north-west passage-Profane swearing-Servants and apprentices-
Scale of wages-Prices of wheat-Unemployed soldiers and sailors may
exercise trades-Change of style-Executions for murder-Street rob-
beries and defective police-Settlement-Deficient harvest of 1756—
Prices of wheat and rates of wages-Death of George II.

ON the death of Queen Anne, George the First 1714.

ascended the throne under the provisions of the Act of

Settlement, but the partisans of the exiled family

secretly endeavoured to foment jealousies and dis-

1 The 12 & 13 William III. cap. 2, ante, vol. i.

VOL. II.-1

1714.

1 George I.

cap. 5.

The Riot
Act.

content, and to stir up hostility to the government. Several persons of rank were impeached, others were arrested, and at length the Jacobites in Scotland broke out into open rebellion. There was likewise an insurrection in England, but after proclaiming the Pretender in the North, and being joined by the Scottish malcontents, the insurgents were compelled to surrender at Preston; and about the same time the Highlanders under the Earl of Mar, were defeated at Dumblaine, and the rebellion was so far put down as no longer to excite serious apprehension. At this juncture the Pretender came over in disguise, and joined his discomfited partisans in Scotland; but he was soon compelled to re-embark, and all hopes of success were for the present abandoned, both by him and his followers. The smouldering embers of disaffection still remained, however, and continued to keep alive an uneasy and unsettled feeling in the country, and in some degree to influence the policy of the government throughout the reigns of the first two sovereigns of the House of Hanover.

One of the earliest Acts of the new reign was 1 stat. 2, George I. stat. 2, cap. 5, for preventing tumults and riotous assemblies. After declaring that many rebellious riots and tumults have of late taken place, and are yet continued and fomented by persons disaffected to his Majesty, it enacts that if twelve or more persons tumultuously assemble together to the disturbance of the public peace, and, on being required by proclamation in the king's name to disperse, shall notwithstanding riotously continue together the space of one hour after such proclamation, the offenders shall be adjudged felons, and suffer death as in case of felony. The form of the proclamation is given, and it is directed to be openly read "with a loud voice " the justice of peace, or other person authorised, as near to the said rioters as he can safely come, first com

by

manding silence; and after the proclamation has been so read, the rioters may be forcibly dispersed, in doing which if any of them shall happen to be killed or hurt, the justice and others affecting such dispersion are held harmless. There is likewise a similar provision with respect to tumultuously assembling and demolishing or injuring churches, chapels, dwelling-houses, barns, and other buildings, the offenders therein being declared guilty of felony; in addition to which, the damage done by them is to be repaid by the hundred. This is The Riot Act, and it has continued in force to the present day.

1715. 1 George I.

cap. 38.

The Sep

Shortly afterwards, the celebrated Septennial Act was passed (1 George I. stat. 2, cap. 38). It begins by stat. 2, by reciting the 6 & 7 William and Mary, cap. 2,1 by which the continuance of every parliament is limited tennialAct. to three years, and declares it to have been found by experience very grievous and burthensome, occasioning much greater expenses and more violent and lasting heats and animosities than were ever known before. It then enacts, that the present and all future parliaments shall have continuance for seven years. The passing of this Act must have helped to give stability to the government at that time, although it was then, and has ever since continued to be, objected to by many persons, as tending to a dangerous increase of the influence of the Crown. With the view of curtailing such influence, it was subsequently provided by the 1 George I. stat. 2, cap. 56, that no person having 1715. a pension from the Crown for any term or number of years, either in his own name, or in the name of any person for his benefit, shall sit or vote as a member, under a penalty of twenty pounds for every day in which he shall so sit or vote. The passing of this Act would seem to negative the assumption as to the undue or dangerous influence of the Crown; but the solicitude

1 Ante, vol. i. p. 334.

1 George I. stat 2,

cap. 56.

1717.

4 George I.

evinced by it for the independence of parliament is worthy of all praise.

The proneness to disorder, and the disregard of law cap. 11. which prevailed at this time, are evidenced by the Persons passing of 4 George I. cap. 11, which declares that the of larceny laws in force against robbery, larceny, and other ported for felonies, have not proved effectual to deter persons

convicted

to be trans

seven

years.

from being guilty of these crimes. It also declares
that there is great want of servants in many of the
American colonies, and it enacts, that persons con-
victed of grand or petit larceny, or felonious stealing,
or of any offence within benefit of clergy, and who are
liable to be whipped or burnt in the hand, "or have
been ordered to any workhouse,"1 may be sent to some
of his Majesty's colonies in America for the space of
seven years, and be made over to the use of any
person who shall contract for such transportation for
that period. And persons convicted of offences for
which the penalty of death ought by law to be inflicted,
may be transported, and so assigned to serve, for
fourteen years.
And if any such offenders shall return
before the end of the terms respectively assigned to
them, he or she so returning are made liable to be
executed as a felon.

The 5th section of the Act declares that there are
many idle persons under the age of one-and-twenty,
lurking about in London and elsewhere who want
employment, and may be inclined to enter into service
in some of the American colonies, but that having no
power to contract for themselves, "it is not safe for
merchants to transport them or take them into such
service."
Wherefore it is enacted, that where any
person between the ages of fifteen and twenty-one
shall be willing to enter into service in the American
colonies, it shall be lawful for any merchant to contract
with such person to serve for a term not exceeding
1 Pauperism and crime are thus treated as equal offences.

idling

don and

may serve

eight years, provided the person so binding him or Youths herself comes before the lord mayor in London, or about Lonbefore two justices of peace if elsewhere, and acknow- other towns ledges such consent and signs such contract, his doing in the which is to be certified to the next general quarter- colonies. sessions, and registered without fee and reward. This provision seems well calculated to relieve the metropolis and other large towns, from the number of young persons generally found idling about in such places, where they too often become initiated in vice and depravity. To remove them from the temptations by which they are surrounded, and place them for eight years beyond the reach of such demoralising influences, even although it were under a species of petty slavery, would be giving them a better chance for becoming useful members of society, than if they remained at home. So thought the framers of the present Act; and as the removal of these young persons was to be with their own consent, and guarded against fraudulent coercion by the intervention of the magistrates, there seems no insuperable objection to the mode in which it is here sought to be accomplished.

1718.

5 George I.

cap. 8.

of families.

The 5 George I. cap. 8, is in its import not very dissimilar to the statute just quoted. It commences by reciting, that "divers persons run or go away from their places of abode into other counties or places, and sometimes out of the kingdom, some men leaving their Desertion wives, a child, or children, and some mothers run or go away, leaving a child or children upon the charge of the parish or place where such child or children was or were born, or last legally settled, although such persons have some estates which should ease the parish of their charge in whole or in part." And it enacts, that it shall be lawful for the churchwardens and overseers of the poor of the parish or place where such wife, child, or children shall be left, under the warrant of two justices, to seize so much of the goods and chattels,

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