or other employment, the overseers may cause such persons to be carried before some justice of the peace, in order to be sent to the house of correction, there to be kept for hard labour. If the place of settlement of any of these offenders cannot be ascertained, so that he may be passed thither, the justices are to order him to be detained and employed in the house of correction until he can provide for himself, or can be placed out in some lawful calling as a servant, apprentice, soldier, mariner, or otherwise, either at home or in the colonies, which the justices in sessions are empowered to do, in such manner as they may think fit. By the 20th persons to section, the justices are empowered to direct constables, churchwardens, and overseers of the poor, to apprehend lunatic and insane persons, and cause them to be locked up in some secure place, and if the justices deem it necessary, to be there chained; and the charges of removing, keeping, maintaining, and curing any such lunatic or insane person during such restraint, are to be defrayed, under an order of two justices, out of any property belonging to such person, and if he has no means or effects, then by the parish to which he belongs.

Lunatic

and insane

be secured.

Harbour

ing of

prohibited.

"And whereas persons, herein before described to be rogues and rogues, vagabonds, or incorrigible rogues, are much vagabonds encouraged in wandering about by the reception they too often meet with in villages and places where they are permitted to lodge in houses, barns, and other buildings, by means whereof, and their falling sick there, great expenses are sometimes brought upon parishes"-for remedy thereof the 23rd section enacts, that any person who permits such an offender to lodge or take shelter in his house or outbuildings, and does not apprehend and carry him before a justice of peace, or give notice to some constable so to do, shall forfeit a sum not exceeding 40s., nor less than 10s., one-half to the informer, the other half to the poor of the parish.

rogues and

to be ap

or put to

The 24th section recites, that "it was often found Children of that persons offending against the Act had children vagabonds with them, whom they bring up in a dissolute course prenticed of life, destructive to such children and prejudicial to service. the kingdom, in which a race of disorderly persons will increase if such children are suffered to remain with such offenders"-and it therefore enacts, that where any such child is above the age of seven years, the justices in quarter-sessions may order such child to be placed out as a servant or apprentice to any person willing to take it, until the child shall arrive at the age of twenty-one, or for any less term, as to the justices may seem meet. And whereas women wandering and begging are often delivered of children in places to which they do not belong, whereby they become chargeable to the same, the 25th section provides, that in every such case the churchwardens and overseers The mother may detain such woman until they can safely convey whipped or her before some justice to be examined and committed oned. to the house of correction, until the next general quarter-sessions, when the justices there assembled

66

may, if they see convenient, order her to be publicly whipped and detained in the house of correction for any further time not exceeding six months"; and the child, if a bastard, is not to be deemed settled in the place where it was so born, but in the place of the mother's settlement, to which it may be passed under the provisions of the present Act.

may be

impris

empowered

It is obvious how much the efficient working of this Act must depend upon the existence of a wellmanaged jail or house of correction, without which the Act would be in great measure nugatory. The justices Justices in quarter-sessions are accordingly empowered by the to provide 30th section, on its being presented by the grand jury that the houses of correction are insufficient either in number or extent of accommodation, to build, provide, or enlarge such houses as may be deemed necessary,

houses of

and to raise the money required for that purpose, and to visit and regulate the same. These provisions, combined with the other powers which the Act confers upon justices to search for, arrest, whip, pass, and convict offenders, give them a large discretion in dealing with the vagrant classes, whom they are empowered to judge and punish according to the several degrees of culpability in each case.

The evil of vagrancy and vagabondism must be presumed to have been extremely burthensome, to call for such repeated enactments for its repression, within the short period of thirty years. The 13 Anne, cap. 26, was passed in 1714, and comprised the substance of all the previous laws on the subject, together with whatever additions were then considered necessary, the whole systematically arranged, and seeming to leave no room for further legislation. Yet the present Act is the third which has since been passed, enlarging and still further methodising the law for the suppression of this social evil, the difficulty of dealing with which is evidenced, not alone by these repeated enactments, but also by the larger discretionary powers confided to the justices. Such powers must have been deemed necessary for mastering the evil, or they would not have been conferred; and although they may in some instances have been injudiciously or oppressively exercised, there is reason to believe that they were on the whole beneficial, and helped to reduce the vagrancy within limits not incompatible with the advance of civilisation, and the growing prosperity of the country.1

Dr. Burn, in his History of the Poor Laws, published in 1764, gives a striking summary of the series of enactments for punishing vagrancy, from the earliest period down to the passing of the present Act, and which he declares to be worthy of the savages of

1 For general remarks on vagrancy, see History of Scotch Poor Law, pp. 206 and 207.

America" almost all severities having been practised against vagrants, except scalping"; but none of which, he says, wrought the desired effect. And he subsequently, with great force and truth, adds: "The prevention of poverty, idleness, and a loose and disorderly education, even of poor children, would do more good to this kingdom than all the gibbets, and cauterizations, and whipping-posts, and gaols in the kingdom; and would render these kinds of discipline less necessary and less frequent."

1746.

19 Geo. II.

cap. 21.

profane

The 19 George II. cap. 21, was passed "for more effectually preventing profane cursing and swearing.' It recites that "the horrid, impious, and execrable Against vices of profane cursing and swearing, so highly dis- swearing. pleasing to Almighty God and loathsome and offensive to every Christian," are becoming so common as to justly provoke the divine vengeance. The laws in being having failed to prevent these crimes, are repealed,1 and it is now enacted, that if any person shall profanely curse and swear, and be thereof convicted before a justice of the peace on the oath of one or more witnesses, the person so offending, if a daylabourer, soldier, or sailor, shall forfeit one shilling; if under the degree of gentleman, two shillings; and if above that degree, five shillings. For a second offence the forfeit is to be double, and for a third and every other offence treble the above sums. Justices are empowered to inflict these fines on persons offending in their presence, or within their hearing; and all constables, tithingmen, and peace officers are required to seize and secure any such offender, if unknown, and carry him before a justice; and if known, to make information before a justice, in order that the offender may be punished. If a justice fails in fulfilling his duty under this Act, he is to forfeit five pounds, and a constable or other officer so failing is to forfeit forty

1 Namely, 21 James I. cap. 20; and 6 & 7 William III. cap. 11.

1747.

20 Geo. II.

shillings, one half to the informer and the other half to the poor of the parish.

This Act goes considerably beyond that of 21 James I. cap 20.1 Not only are justices and peace officers subjected to penalties if they fail in duly punishing offenders, but in order to secure a strict and impartial execution of the law, the offenders are divided into classes, on each of which a distinctive fine is imposed, an offender in the rank of a gentleman forfeiting five shillings, where a person of inferior position would forfeit two, and a day-labourer or common soldier or sailor, would forfeit one. We may gather from this, as indeed we learn from other sources, that swearing was not confined to the lower orders of the people, but prevailed also among the higher; and the Act is accordingly framed to bear pretty equally upon each. It could hardly fail of checking, in some degree, the prevalent profanation; but the most certain corrective will be found in a better education, and in the spread of sound religion.

The 20 George II. cap. 19, is an Act "for the better cap. 19. adjusting and more easy recovery of the wages of certain servants; and for the better regulation of such servants, and of certain apprentices." The laws in being are first declared insufficient and defective, and it is then directed that all differences between masters or mistresses, and servants in husbandry hired for one year or longer, or between masters and mistresses and artificers, handicraftsmen, miners, colliers, keelmen, pitmen, glassmen, potters, and other labourers employed for a certain time, shall be heard and determined by one or more justices of the county or place where such masters or mistresses reside. The justice is empowered to take, upon oath, the complaint of a master touching servants, the misconduct of any servant, etc., and to examine prentices. into and adjudge the same, and to punish the offender 1 Ante, vol. i. P. 237.

Justices

may decide between

masters,

and ap