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1753
Observations on the Pruffian MEMORIAL.

73 the guaranty of Silesia, the moment that of Grotius to his own use, but would his Prussian majesty stops the payment of refuse the same benefit to Great Britain ; the funds guarantied to the subjects of Eng. he would not have the treaties of Breflau land, by the creaties of Breslau and Drer. and Dresden broke by any new ofience, den, in confideration of which alone the as to the guaranty of Silesia; but ac guaranty of Silesia was granted. This the fame time would, contrary to Gro. would be again to lose sight of the law of tius, break those treaties, on account nations : For neither the preceding peace, A of a new offence, by stopping the loan nor the motive upon which that peace of Silesia. Besides, the new offence comwas concluded, are here concerned; but plained of, hy his Prussian majesty, has the matter in question is a new offence, no manner of relation to those treaties; committed fince the conclusion of the and therefore, according to Grotius, they peace, by English subjects against those of ought not to be broke by him on that Prusia; and it is this new injury that led account: But the new offence comthe king to make use of reprisals, in order plained of by the British nation, is the to obtain satisfaction. It was not till breaking of those very treaties in that maafter the treaty of Bretlau in 1742, and B terial point, which was the sole cause of that of Dresden in 1745, that the Englich Tuch guaranty; and which therefore does subjects committed the outrages complain- absolutely annul the same. His Pruffian ed of. The point in question therefore is majesty cannot, with the least colour of a new offence, which did not arise from the reason, at once avail hiinself of this rule preceding war, nor has any connexion of Grotius, and deny the same to Greatwith it ; and therefore demands a new Britain ; nor expect that the guaranty of reparation. To obtain this reparation, Silesia by this nation Mould lubrift, after the king, authorized by the law of nati- C those terms, which caused fuch guaranty, ons, has recourse to the money of the Eng- have been by him broke.- But what Jish in his hands. -- But this doth not in. Briton can read, without resentment, validate the preceding treaties of peace ; the following menace of his Prussian ma. for, by the laws of nations, the repara- jesty! “But if, contrary to all reason, tion of a new offence may be sued for it should be said, that this attachment without interruption of a peace.--It is a makes void the guaranty promited in the question (says the illustrious Grotius) that treaties of Brenau and Dresden, still the occurs every day, and is often debated, D guaranty, ftipulated by the 22d article when may a peace be looked upon as of the treaty of Aix la Chapelle, will rebroken? For it is one thing to furnith a main in full force; and, at all events, 'new subje&t for war by a new offence, and the Pruflian king will be equally disa another thing to break a peace. If it engaged from his guaranty of the crown happens, that after a peace concluded, of England to the house of Hanover, and

one of the contracting parties commits of the electoral dominions of that family." violence upon the subjecis of the other, -By this weak menace, his Prussian and consequently offends that other afresh, majesty seems to be ignorant, that the the peace does not therefore cease to sub. E guaranty of the crown of Great-Britain, filt; but the party offended may, without by any foreign power, rather weakens violating that peace (jalva face) recom- than supports the right of the wearer : mence war on this new ground.”

The only true guaranty of the crown of If then, according to his Pruffian ma- Great Britain to the king of it, is the jesty's citation from Grotius, any new affection of his people ; of which no offence bezween nations, committed after monarch ever pofTeffed a greater degree a treaty of peace, tho' it may furnish than his present majesty. subject for a fresh war, yet thould not

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Upon the whole; if the seizures combe any reason for breaking the articles plained of by his Prussian majetty were of such a prior treaty; why does his indeed illegal, and contrary to the law of Prussian majesty break the treaties of nations, it would be but justice to make Brenan and Dresden, by stopping the sufficient reparation ; but if they were payment of the Silesia loan, on account juftly condemned (as is indeed most rea, of a new offence, committed after the sonable to suppose) and yet his Pruisian conclufion of chore treaties? For even majefty should Atill perhift in stopping the supposing the Prullians were really in- payment of the loan, there seems to be jured, as complained of ; yet, according 10 way to just or natural, as to apply to to Grotius, his Pruflian majefiy, tho' he G the Empress-queen for the payment of might commence a fresh war upon it, the remainder, who will thereupon have ought not to violate the terms of the a just right to re-enter and re-porless Siformer treaties. His Pruffian majesty lefia. Veems defrous of applying this maxim

DRITANNICUS. February, 1753•

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There

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74 Abstract of Mr. FIELDING'S PROPOSAL. Feb.

the labourers and prisoners with the neThere having lately been published, A Pro- cessaries of life. posal for making an effectual Provision

7. That, the faid 18 houres shall be for the Poor, for amending their Mo.. leased to proper persons, by the governor rals, and rendering them uretul Mem.

for the time being, for the term of 7 bers of Society, by HENRY FIELD

years, subject to a condition of forfeiture ING, Esq; we hall give our Readers

and re-entry on the breach of certain somme Account of it, wirb an Absract of the Proposal itself.

rules and statutes of the said house. А

8. That the lodging-rooms of the coun10 this pamphlet is added a plan ty. house shall be furnished with beds,

of the buildings proposed. It is allowing one bed to two persons; one dedicated to the Rt. Hon. Henry Pelham, large joint-ftool, and two small ones, for chancellor of his majesty's exchequer : each bed. And that the working-rooms In the introduction is shewn the neces- of the said house shall be provided with lity of some such scheme, from the present all kinds of implements and tools for miserable condition of the poor, the carrying on such manufactures, as Mall from little care that is taken of them, and B time to time be introduced into the said the burthen they are upon the publick: house. And at the end are printed the arguments 9. That the lodging-rooms of the counin support of his proposals for a county ty house of correction shall be furnished work house, &c. which proposals are in with a coverlet and blankets, for the prisubstance as follows.

soners, and matting to lie on; and the 1. That there Mall be erected, for the working-rooms (all be provided with im. county of Middlesex , at some con- plements for beating hemp, chopping rags, yenient place within the said counts, a c and for other of the hardest and vileit lalarge building, consisting of three several bour. courts. The two outermost of the said 10. That A, B, &c. mall be commircourts to be called the county-house, and fioners for carrying this act into executhe innermost court to be called the tion. That the said commissioners or county-house of correction.

three of them, mall meet once a week, 2. That the raid county-house Thall be at such places within the said county as large enough to contain 5000 persons, they shall think most proper, from Ladyand upwards ; and the said county-house day 1753, to Michaelmas 1753 ; and once of correction large enough to contain 600 Da fortnight from Michaelmas 1753, to persons, and upwards.

Lady.day, 1755; then to make up their 3. That both the said houses Mall be accounts before a committee of the house ro contrived, that the men and women of commons, if then fitting ; if not, may be kept entirely separate from each at the next feffion, after which the other.

faid commission to cease and be deter. 4. That the said county-house fhall mined. conlist, 1. Of lodgings for the officers. 31. That, in order to defray the expence of 2. Of lodging rooms for the labourers. E the foresaid building, and provide the same 3. Of working-rooms for the same. 4. with all necessary furniture, as well as to Of an infirmary: 5. Of a chapel. 6. Of provide implements and materials for setleveral large store-rooms, with cellarage. ting the poor to work, and for other ex.

5. That the said county-house of cor. pences during the first year, a sum not exrection thall confiit, 1. Of lodgings for ceeding

thall be the officers. 2. Of lodging-rooms for the immediately raised. prisoners. 3. Of working rooms for the 12. That the following officers shall fame. 4. Of an infirmary. 5. Of a be appointed for the government and fasting-room. 6. Of several cells or dun. F care of the said houses ; and these of. geons. 7. Of a large room with iron ficers shall be allowed the following sala. giates, wilich mall be contiguous to and

ries t : luok into the end of the chapel.

County-house : One governor, two 6. There mall be likewise built one clerks. Two deputies, one clerk each. House for the governor, one for the deputy- Treasurer, receiver, three clerks. Storegovernors, one for the chaplains, one for

keeper, three clerks. Two chaplains. the treasurer, and one other for the re- Six keepers. Six affiftants. One superceiver-general of the said house. There G intendent to every room. Four watchmen. thall be likewire built on each side of the Clerk. Sexton, fuid county-house, 9 houses for providing House of correction : One keeper.

Three * It is proposed to make the trial fort in this County, and if the plan fbould be approved by experieuce, is will be caly, ke says, dw extend in ouer ise kingdom, Blarks are lef? for ibe salaries,

1753 Abstract of Mr. FIELDING'S PROPOSAL: 75 Three under-keepers. Six assistants. Su- Parish of Permit A. B. the bearer here. perintendent to every room. Two watch- Middlesex of, to pass to the town of pien.

Shaftesbury in the county of Infirmary : Surgeon. Apothecary.

Dorset, and there to remain Matron. Nurses.

during the time limited in this 13. That the governor skall sue and be

pars, he behaving himself or. sued by the name of the governor of the

derly and according to law. county house of Middlesex. And that A

Given under my hand this besides all other powers to be given him,

Toth of Nov. 1752. he mall have power, as governor of the

C. D. minister of the said pa. said house, to make contracts with all

rilh. persons whatever, and to draw on the This pass to continue in force one treasurer for any sums of money fo con- month from the date hereof inclusive, tracted for, in payment for any imple- and no longer. ments or materials of any kind of ma- 19. That it shall be lawful for any gennufacture, trade, or myßery. He shall R tleman, farmer, artificer, or tradesman, likewise have full power to exercise and

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to employ any journeyman, servant, or carry on, in either of the said houses, any labourer, of any other parish or county such manufacture, trade, or mystery, as belides his own, he having first obtained may be lawfully exercised and carried on from such magistrate, minister, or church. within this kingdom ; and may once eve- warden as aforesaid, such pass as aforesaid, ry month hold a grand market at the which the faid magistrate, &c. are hereby county-house, or in some convenient required to grant, at the desire of such place near adjoining thereto, for the dir. gentleman, farmer, &c. Such pass to le posal of such wares and manufa&tures as C appointed to continue in force for ro Thall be wrought by the labourers in the long time as such gentleman, &c. ihall said houses.

require. 14. That when any person thall be 20. And whereas many able and indura brought before a justice for the county of trious persons, who are willing to get a Middlesex, and shall be convicted before livelihood by honest labour, are often, for him, on the oath of one credible witness, want of such labour, reduced to great difof any offence by which he is made a tress, and forced against their will to bedisorderly person, or a rogue and vaga: D come chargeable to the parishes to which bond, by a certain act passed in the 17th they belong : That when any poor person of his present majefty, called the vagrant Mall apply to the minister, or churchact; or shall be so convicted of any other warden of any parish, and thew' to either crime, for which he is liable to be com- of then such their inability to procure a mitted to the house of correction for any livelihood in their own parish, or in any fixed time, or at the discretion of one or other parish in that neighbourhood, the more justices, by any law now in being, said minister or churchwarden shall deliver it thall be lawful for the said justice to to such poor person a certificate in the commit such person to the county-house, E words following: or the county house of correction, at his

To the governor of the coundiscretion.

ty-house of the said county. In the 15th, 16th and 17th paragraphs, Parish of I recommend to your care c. the same is proposed with regard to per- Middlesex. D. the bearer hereof, to be fons appointed to be committed to the

provided for in your coun. county goal by way of punishment for

ty-house, he being an bonest, their offences ; persons accused on oath

induitious person, but inof small thefts; and idle persons wander- F

capable, at prefent, of proing about without a pass.

curing work in this neigh18. And whereas it may often hap

bourhood. pen, that poor persons have lawful occa- Given under my hand this icth Nov. fions to travel above fix miles from home,

1752. and into a foreign county, on errands of

A. B. churchwarden of the business for themselves or others, or to

faid parin. procure work, or sometimes to visit their The 25ft and 22d paragraphs relate to near relations, who live at a distance from the penalties to be infiicted on persons them ;-That any magistrate of the coun. G who counterfeit palles, or do not return ly or place, or minifter, or churchwarden at the expiration of their paties. of the parish, being applied to, and pro- The 23d and a 4th specify the manner perly informed of the truth of such law- of admission of those who come voluntaful occasion, thall deliver to such person's rily to the county house, and how they a pass in the following words, mutatis are to be detained and discharged, 14.andis,

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25.

Feb.

76

Abstract of Mr. FIELDING's Proposal. 25. That every person who shall be shall take an account of any neglect of brought by mittimus to the county-house, work, or other misbehaviour ; the keep. Thall be examined, entered, and set to ers of the courty-house hall likewise take work ; a badge with these words, county- account of any extraordinary diligence in bouse, in large letters, shall like vise be any of the said labourers, and shail faithsewed on the left shoulder of the said per- fully report the same twice in every week, son; and whoever shall tear off, or other- to the governor or his deputy. wise destroy the faid badge, thall be com. A 31. That as often as may be, the lamitted to the county-house of correction, bourers in the county-house shall be perthere to remain till discharged by due course mitted to refresh themselves in the incio. of law.

sed ground, contiguous to the said house, 26. That when any person shall be in the presence of two at least of the brought to the county-house of correcti- keepers and under-keepers, particularly on, by a mittimus to the laid house, he on Sundays and on every Thursday in the shall be immediately confined within the year, when two hours labour in the affafting-room, there to remain with no ternoon Mall be rcmitted for that purpose; other maintenance than bread and water B the same liberty shall be granted to any during the space of 24 hours ; after which of the prisoners in the house of correéti. he shall be put to hard labour with the on, provided that the surgeon or apotheother prisoners, unless he shall give any cary shall certify, that such refreshment is marks, by his words or behaviour, of necessary for their health, who shall on any outrageous degree of reprobacy ; in all such occasions be sufficiently guarded, which case the keeper of the said county- and none of the labourers to be present at house of correction mall inform the go- the same time ; provided that Christmasvernor or his deputy thereof, who Thall C day, and the 3 subsequent days, Twelfthconvene the party beíore him, and may day, A 1h-Wednesday, Good Friday, Monat his discretion remand the laid person to day in Easter week, Monday in Whitlun the aforesaid fatting room, or may confine week, Michaelmas-day, gunpowder-treahim alone in a cell, to be supported with son-day, and his majesty's birth-day, thall bread and water only, till such time as he be holydays in the county house, and the Thall behave in a more orderly manner ; labourers may recreate themselves on those or, in default thereof, till the next feffio days ; which shall likewise be days of

rest in the county-house of correction. 27. That the bell of the county-house

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32. That no person shall be removed Thall be rung every morning at four from either of the said houses, to the inthroughout the year, and prayers Mall firmary, unless by an order signed by the begin in the chapel precisely at five ; at governor or his deputy, to be obtained the conclufion of which, on every Wed- by the certificate of the surgeon or apo. nesday and Friday, some short lecture, or thecary, that such person is in a sick and exhortation of morality shall be read to languishing condition. the people.

33. And as often as any of the labour23. That the hours of work in the E ers or prisoners shall happen to die, the county-house of correction shall be every governor shall take order for their burial day from fix in the morning to seven in in the cheapest manner confiftent with the evening, allowing half an hour for decency, in ihe burying ground belonging breakfast, and an hour for dinner ; and to the said house ; unless any of the rein the county houle the said hours of lations of the deceared shall be desirous of work shall be daily from six in the morn- removing the body to be buried elsewhere ing till nine, from ten to one, and from at their own expence. two till fix in the evening ; that prayers 34. That as often as any person' Mall fhall again be read in the chrapel every F be committed or admitted to the countyevening at seven.

house, the receiver shall immediately ad. 29. That the bell of the county-house vance to him or her, if desired, zs. and shall be rung every evening at nine, that so weekly the same rum, until the first all fires and lights thall be then put out, sale of the manufacture wrought by such except in the infirmary and in the apart- person. These advancements to be afterments of the officers ; that all the gates wards deducted by the receiver, after the and doors of both houses, except as afore- rate of 4d in the shilling, out of the mosaid, shall then be shut and fastened, the G nies due to the said labourer from the keys delivered to the governor or deputy, sale of his manufacture, till the whole and the watch fhall be fet.

Thall be repaid. keepers or under-keepers 35. That to all persons committed to of both houses, shall by turus constantly the county-hou.c of correction, at their attend and supervise the labourers, and commitment thither, shall be advanced

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30. That

2.

1753. Abstract of Mr. FIELDING'S PROPOSALI

97 by the said receiver is. and so weekly dur.

53. That on every Monday and Thurf. ing their continuance there.

day in the forenoon, the governor or his 36. That from all those who are com- deputy Mall hold a court within the said mitted to the county-house, the sum of

county-house; in which the said governor 2d, in every shilling shall be deducted out

or his deputy shall hear and determine of the nett profits arising from their la

any of the following offences, viz. I. bour ; but from those who voluntarily

Quarrels amongst the labourers ; come thither, no more than id. in every A Profane swearing or curfing, &c. 3. fhilling

Drunkennels; 4. Absence from chapel, 37. That immediately after every sale

or irreverent behaviour there; 5. Abthe receiver shall make up the accounts fence from work, idleness at it, or neglithereof with the governor or deputy ; af. gently spoiling the same; 6. Obftinate ter which the receiver shall presently dir. disobedience to any of the rules of the tribute to the several labourers in the house. All which are hereby declared county-house, all such sums as shall by to be offences against the true intent of him be received for their several manufac

this act, and to be punishable by the said tures, having first made the deductions B governor or deputy. They are also to before appointed.

enquire concerning several other matters, 38. That the receiver and store-keeper to be reported to the next fefsions. Thall keep an exact account of all imple. 54. That on one of the days on every ments, materials, &c. from time to time feffions to be holden at Hicks's-hall, the brought to the said house, of those which

said reftions shall be adjourned to the are delivered to the labourers, and those

county-house, there to be holden within which remain in the hands of the said

five days next after such adjournment; store-keeper, &c.

C at which feffions at the county-house the 39. That all such accounts Mall be ex

justices shall have power to enquire of amined by the governor, and Mall be af.

all neglects, corruptions, or other mirterwards laid before every quarter-sessions; demeanors, in any of the officers of the to which said fefsions the treasurer shall

said houses, and to punish the fame, likewise transmit an account of the mo- (unless in the governor, or deputies, nies then in his hands; and if there shall or chaplains of the said house,) by reproot, appear to be less than 100cl. remaining fine, or dismission. They shall also enwith the treasurer, the deficiency shall be made up by a county-rate. And if any Dluire into the general conduct of the

said house, and if they shall find any confiderable excess of the said capital default in the governor, deputy governors, stock, over and above what shall be ne.

or chaplains of the same, they shall receffary for paying the salaries of the of.

port such default before their brethren ficers, &c. ihall be in the treasurer's hands,

at the next ensuing sessions at Hicks'ssuch redundancy Mall then be applied in Hall, where the governor, &c. shall have aid of the parochial rates.

notice to appear, and make his defence; The 40th and 41st articles concern the and if such default Thall seem to the mahiring of teachers of manufacture, and E jority of the justices of the said sessions the letting out to service any labourers

to be well proved, and to be of such a confined in the county-house.

nature as to merit any revere censure, By the 42d and 4.3d paragraphs, con- they may, if they please, report the spirators endeavouring by force of arms same to the lord chancellor, who shail to break either of the houses, by which have full cognizance of the matter, and means any officer of the said houses shall

may remove the governor, &c. from his be killed, maimed or wounded; or beat- office, or fine him at his pleasure. They ing and wounding any officer, to the

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Thall also enquire of the prices of prodanger of his life or limb, shall be guilty visions, &c. of the behaviour of the priof felony without benefit of clergy. soners and labourers, and mall inspect

By the 5 following articles, persons ar. the accounts relating to the house, and faulting the governor, &c. privately con- order rewards to the labourers who have veying fire-arms, &c. into the houses, behaved themselves well, &c. and absolutely refusing to work, and of- 55. Whereas the punishment of whipficers guilty of fraudulent practices, are ping is infli&ed in some cases in this laiv, to be transported, and in the mean time which whipping is always intended to be to be committed to the county-goal. And G severe and exemplary, the governor, or the 4 following relate to the punishment his deputy, is always to be present at the of lelier crimes, such as introducing spi. inflicting the same. rituous liquors, destroying goods, mate. 56. That the governor, deputy.go. rials and tools for work, and escaping vernors, chaplains, treasurer, receiver, from either of te houses.

keeper of the house of correction, and

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