4753. Obfervations on the Pruffian MEMORIAL. the guaranty of Silefia, the moment that his Pruffian majefty ftops the payment of the funds guarantied to the fubjects of England, by the treaties of Breflau and Drefden, in confideration of which alone the guaranty of Silefia was granted. This would be again to lofe fight of the law of nations: For neither the preceding peace, nor the motive upon which that peace was concluded, are here concerned; but the matter in queftion is a new offence, committed fince the conclufion of the peace, by English fubjects against those of Pruffia; and it is this new injury that led the king to make ufe of reprifals, in order to obtain fatisfaction. It was not till A B C after the treaty of Brenau in 1742, and D If then, according to his Pruffian majefty's citation from Grotius, any new offence between nations, committed after a treaty of peace, tho' it may furnish fubject for a fresh war, yet fhould not F be any reafon for breaking the articles of fuch a prior treaty; why does his Pruffian majefty break the treaties of Breflau and Drefden, by ftopping the payment of the Silefia loan, on account of a new offence, committed after the conclufion of thofe treaties? For even fuppofing the Pruffians were really injured, as complained of; yet, according to Grotius, his Pruffian majefty, tho' he might commence a fresh war upon it, ought not to violate the terms of the former treaties. His Pruffian majesty feems defirous of applying this maxim February, 1753. 73 of Grotius to his own ufe, but would refufe the fame benefit to Great-Britain; he would not have the treaties of Breflau and Drefden broke by any new offence, as to the guaranty of Silefia; but at the fame time would, contrary to Grotius, break thofe treaties, on account of a new offence, by ftopping the loan of Silefia. Befides, the new offence complained of, by his Pruffian majesty, has no manner of relation to thofe treaties; and therefore, according to Grotius, they ought not to be broke by him on that account: But the new offence complained of by the British nation, is the breaking of thofe very treaties in that material point, which was the fole caufe of fuch guaranty; and which therefore does abfolutely annul the fame. His Pruffian majesty cannot, with the least colour of reafon, at once avail himself of this rule of Grotius, and deny the fame to GreatBritain; nor expect that the guaranty of Silefia by this nation fhould fubfift, after thofe terms, which caufed fuch guaranty, have been by him broke.- But what Briton can read, without refentment, the following menace of his Pruffian majefty! But if, contrary to all reason, it fhould be faid, that this attachment makes void the guaranty promised in the treaties of Breflau and Drefden, ftill the guaranty, ftipulated by the 22d article of the treaty of Aix la Chapelle, will remain in full force; and, at all events, the Pruffian king will be equally difengaged from his guaranty of the crown of England to the house of Hanover, and of the electoral dominions of that family." -By this weak menace, his Pruffian majefty feems to be ignorant, that the guaranty of the crown of Great-Britain, by any foreign power, rather weakens than fupports the right of the wearer: The only true guaranty of the crown of Great-Britain to the king of it, is the affection of his people; of which no monarch ever poffeffed a greater degree than his prefent majefty. Upon the whole; if the feizures complained of by his Pruffian majesty were indeed illegal, and contrary to the law of nations, it would be but justice to make fufficient reparation; but if they were justly condemned (as is indeed most rea fonable to fuppofe) and yet his Pruffian majesty should fill perfift in stopping the payment of the loan, there feems to be no way fo juft or natural, as to apply to the Emprefs-queen for the payment of the remainder, who will thereupon have a juft right to re-enter and re-poffefs Silefia. 74 Abstract of Mr. FIELDING'S PROPOSAL. There having lately been published, A Propofal for making an effectual Provifion for the Poor, for amending their Morals, and rendering them ufeful Members of Society, by HENRY FIELDING, Efq; ue shall give our Readers fome Account of it, with an Abstract of the Propafal itself. Tof the buildings propofed. It is O this pamphlet is added a plan A dedicated to the Rt. Hon. Henry Pelham, chancellor of his majesty's exchequer : In the introduction is fhewn the neceffity of fome fuch scheme, from the present miferable condition of the poor, the little care that is taken of them, and B the burthen they are upon the publick: And at the end are printed the arguments in fupport of his propofals for a county work houfe, &c. which proposals are in fubftance as follows. 1. That there fhall be erected, for the county of Middlefex, at fome convenient place within the faid county, a large building, confifting of three feveral courts. The two outermost of the faid courts to be called the county-house, and the innermost court to be called the county-houfe of correction. 2. That the faid county-house shall be large enough to contain 5000 perfons, and upwards; and the faid county-house of correction large enough to contain 600 perfons, and upwards. 3. That both the faid houfes shall be fo contrived, that the men and women may be kept entirely separate from each other. 4. That the faid county-houfe fhall confift, 1. Of lodgings for the officers. 2. Of lodging rooms for the labourers. 3. Of working-rooms for the fame. 4. Of an infirmary. 5. Of a chapel. 6. Of feveral large ftore-rooms, with cellarage. Feb. the labourers and prifoners with the neceffaries of life. 7. That, the faid 18 houfes fhall be leafed to proper perfons, by the governor for the time being, for the term of 7 years, fubject to a condition of forfeiture and re-entry on the breach of certain rules and ftatutes of the faid house. 8. That the lodging-rooms of the county houfe fhall be furnished with beds, allowing one bed to two perfons; one large joint-ftool, and two small ones, for each bed. And that the working-rooms of the faid houfe fhall be provided with all kinds of implements and tools for carrying on fuch manufactures, as shall from time to time be introduced into the faid houfe. 9. That the lodging-rooms of the county houfe of correction fhall be furnished with a coverlet and blankets, for the prifoners, and matting to lie on; and the working-rooms fhall be provided with implements for beating hemp, chopping rags, and for other of the hardest and vileft la bour. 10. That A, B, &c. fhall be commiffioners for carrying this act into execution. That the faid commiffioners or three of them, fhall meet once a week, at fuch places within the faid county as they fhall think most proper, from Ladyday 1753, to Michaelmas 1753; and once Da fortnight from Michaelmas 1753, to Lady-day 1755; then to make up their accounts before a committee of the house of commons, if then fitting; if not, at the next feffion, after which the faid commiffion to ceafe and be determined. 5. That the faid county-house of correction hall confist, 1. Of lodgings for the officers. 2. Of lodging-rooms for the prifoners. 3. Of working-rooms for the fame. 4. Of an infirmary. 5. Of a fafting-room. 6. Of feveral cells or dun- F geons. 7. Of a large room with iron grates, which shall be contiguous to and look into the end of the chapel. 6. There shall be likewife built one houfe for the governor, one for the deputygovernors, one for the chaplains, one for the treasurer, and one other for the receiver-general of the faid houfe. There thall be likewife built on each fide of the faid county-house, 9 houfes for providing It is prepofed to make the trial fo in this County, and if the plan fhould be approved by experience, it will be caly, be fays, to extend is over the kingdom. t Blanks are left for the falaries. 1753. Abstract of Mr. FIELDING'S PROPOSAL. Three under-keepers. Six affiftants. Superintendent to every room. Two watch 13. That the governor shall fue and be fued by the name of the governor of the county-houfe of Middlefex. And that A befides all other powers to be given him, he fhall have power, as governor of the faid houfe, to make contracts with all perfons whatever, and to draw on the treafarer for any fums of money fo contracted for, in payment for any implements or materials of any kind of manufacture, trade, or mystery. He fhall likewife have full power to exercise and carry on, in either of the said houses, any fuch manufacture, trade, or mystery, as may be lawfully exercifed and carried on within this kingdom; and may once every month hold a grand market at the county-house, 75 Parish of Permit A. B. the bearer hereMiddlefex of, to pafs to the town of Shaftesbury in the county of Dorfet, and there to remain during the time limited in this pafs, he behaving himself or derly and according to law. Given under my hand this roth of Nov. 1752. C. D. minifter of the said parish. This pafs to continue in force one month from the date hereof inclufive, and no longer. 19. That it shall be lawful for any gen'tleman, farmer, artificer, or tradesman, B to employ any journeyman, fervant, or labourer, of any other parish or county befides his own, he having first obtained from fuch magiftrate, minifter, or churchwarden as aforefaid, fuch pafs as aforefaid, which the faid magistrate, &c. are hereby required to grant, at the defire of fuch gentleman, farmer, &c. Such pass to be appointed to continue in force for fo long time as fuch gentleman, &c. fhall require. or in fome convenient place near adjoining thereto, for the dif pofal of fuch wares and manufactures as C hall be wrought by the labourers in the faid houses. 14. That when any perfon fhall be brought before a justice for the county of Middlesex, and fhall be convicted before him, on the oath of one credible witness, of any offence by which he is made a diforderly perfon, or a rogue and vaga-D bond, by a certain act paffed in the 17th of his present majefty, called the vagrant act; or shall be so convicted of any other crime, for which he is liable to be committed to the house of correction for any fixed time, or at the difcretion of one or more justices, by any law now in being, it fhall be lawful for the faid juftice to commit fuch perfon to the county-houfe, E or the county houfe of correction, at his difcretion. In the 15th, 16th and 17th paragraphs, the fame is propofed with regard to perfons appointed to be committed to the County goal by way of punishment for their offences; perfons accufed on oath of small thefts; and idle perfons wandering about without a pafs. F 18. And whereas it may often happen, that poor perfons have lawful occafions to travel above fix miles from home, and into a foreign county, on errands of bufinefs for themselves or others, or to procure work, or fometimes to vifit their near relations, who live at a diftance from them;-That any magiftrate of the coun- G ty or place, or minifter, or churchwarden of the parish, being applied to, and properly informed of the truth of fuch lawful occafion, fhall deliver to fuch perfons a pafs in the following words, mutatis rautandis. 20. And whereas many able and industrious perfons, who are willing to get a livelihood by honeft labour, are often, for want of fuch labour, reduced to great diftrefs, and forced against their will to become chargeable to the parishes to which they belong: That when any poor perfon hall apply to the minifter, or churchwarden of any parith, and thew to either of them fuch their inability to procure a livelihood in their own parish, or in any other parish in that neighbourhood, the faid minifter or churchwarden fhall deliver to fuch poor perfon a certificate in the words following: To the governor of the county-houfe of the faid county. Parish of I recommend to your care C. Middlefex. D. the bearer hereof, to be provided for in your county-houfe, he being an honest, induftrious perfon, but incapable, at prefent, of procuring work in this neighbourhood. Given under my hand this roth Nov. 1752. A. B. churchwarden of the faid parish. The 21st and 22d paragraphs relate to the penalties to be inflicted on perfons who counterfeit paffes, or do not return at the expiration of their paffes. The 23d and 24th specify the manner of admiflion of those who come voluntarily to the county houfe, and how they are to be detained and difcharged, 76. Abstract of Mr. FIELDING'S PROPOSAL. 25. That every perfon who fhall be brought by mittimus to the county house, fhall be examined, entered, and fet to work; a badge with these words, countyboufe, in large letters, fhall likewife be fewed on the left shoulder of the said perfon; and whoever shall tear off, or otherwife deftroy the faid badge, fhall be com- A mitted to the county-houfe of correction, there to remain till discharged by due courfe of law. B 26. That when any perfon shall be brought to the county-houfe of correction, by a mittimus to the faid houfe, he fhall be immediately confined within the fafting-room, there to remain with no other maintenance than bread and water during the space of 24 hours; after which he fhall be put to hard labour with the other prifoners, unless he hall give any marks, by his words or behaviour, of any outrageous degree of reprobacy; in which cafe the keeper of the faid countyhouse of correction fhall inform the governor or his deputy thereof, who fhall C convene the party before him, and may at his difcretion remand the said perfon to the aforefaid fafting-room, or may confine him alone in a cell, to be fupported with bread and water only, till fuch time as he fhall behave in a more orderly manner; or, in default thereof, till the next feffi ons. 27. That the bell of the county-house fhall be rung every morning at four throughout the year, and prayers fhall begin in the chapel precifely at five; at the conclufion of which, on every Wednefday and Friday, fome fhort lecture, or exhortation of morality fhall be read to the people. D 28. That the hours of work in the E county-house of correction fhall be every day from fix in the morning to feven in the evening, allowing half an hour for breakfast. and an hour for dinner; and in the county houfe the faid hours of work fhall be daily from fix in the morning till nine, from ten to one, and from two till fix in the evening; that prayers fhall again be read in the chapel every evening at feven. F 29. That the bell of the county-house fhall be rung every evening at nine, that all fires and lights fhall be then put out, except in the infirmary and in the apartments of the officers; that all the gates and doors of both houses, except as aforefaid, fhall then be fhut and faftened, the G keys delivered to the governor or deputy, and the watch fhall be fet. 30. That the keepers or under-keepers of both houfes, fhall by turus constantly attend and fupervise the labourers, and - Feb. fhall take an account of any neglect of work, or other misbehaviour; the keep ers of the county-house thall likewife take account of any extraordinary diligence in any of the faid labourers, and fhail faithfully report the fame twice in every week, to the governor or his deputy. 31. That as often as may be, the labourers in the county houfe fhall be permitted to refresh themfelves in the inclofed ground, contiguous to the faid house, in the prefence of two at least of the keepers and under-keepers, particularly on Sundays and on every Thursday in the year, when two hours labour in the afternoon fhall be remitted for that purpose; the fame liberty fhall be granted to any of the prifoners in the houfe of correction, provided that the furgeon or apothecary fhall certify, that fuch refreshment is neceffary for their health, who fhall on all fuch occafions be fufficiently guarded, and none of the labourers to be prefent at the fame time; provided that Christmasday, and the 3 fubfequent days, Twelfthday, Afh-Wednesday, Good Friday, Monday in Eafter week, Monday in Whitfun week, Michaelmas-day, gunpowder-treafon-day, and his majesty's birth-day, shall be holydays in the county-house, and the labourers may recreate themselves on those days; which fhall likewife be days of reft in the county-houfe of correction. 32. That no perfon fhall be removed from either of the faid houses, to the infirmary, unless by an order figned by the governor or his deputy, to be obtained by the certificate of the furgeon or apothecary, that fuch perfon is in a fick and languishing condition. 33. And as often as any of the labourers or prifoners fhall happen to die, the governor fhali take order for their burial in the cheapest manner confiftent with decency, in the burying-ground belonging to the faid houfe; unless any of the relations of the deceafed fhall be defirous of removing the body to be buried elsewhere at their own expence. 34. That as often as any perfon shall be committed or admitted to the countyhoufe, the receiver fhall immediately advance to him or her, if defired, 25. and fo weekly the fame fum, until the first fale of the manufacture wrought by fuch perfon. These advancements to be afterwards deducted by the receiver, after the rate of 4d in the fhilling, out of the monies due to the faid labourer from the fale of his manufacture, till the whole shall be repaid. 35. That to all perfons committed to the county-house of correction, at their commitment thither, fhall be advanced by 1753. Abstract of Mr. FIELDING'S PROPOSAL. by the faid receiver is. and fo weekly during their continuance there. 36. That from all those who are committed to the county-house, the fum of 2d. in every fhilling shall be deducted out of the nett profits arifing from their labour; but from thofe who voluntarily come thither, no more than id. in every A thilling. 37. That immediately after every fale the receiver fhall make up the accounts thereof with the governor or deputy; after which the receiver fhall presently diftribute to the feveral labourers in the county-house, all fuch fums as fhall by him be received for their feveral manufactures, having first made the deductions B before appointed. 38. That the receiver and ftore-keeper fhall keep an exact account of all imple. ments, materials, &c. from time to time brought to the faid houfe, of those which are delivered to the labourers, and thofe which remain in the hands of the faid ftore-keeper, &c. 39. That all fuch accounts fhall be examined by the governor, and shall be afterwards laid before every quarter-feffions; to which faid feffions the treasurer fhall likewife tranfmit an account of the monies then in his hands; and if there fhall appear to be lefs than roool. remaining with the treasurer, the deficiency fhall be made up by a county-rate. And if any confiderable excess of the faid capital stock, over and above what shall be neceffary for paying the falaries of the officers, &c. ihall be in the treasurer's hands, fuch redundancy fhall then be applied in aid of the parochial rates. 53. That on every Monday and Thurfday in the forenoon, the governor or his deputy fhall hold a court within the faid county-houfe; in which the faid governor or his deputy fhall hear and determine any of the following offences, viz. I. Quarrels amongst the labourers ; 2. Profane fwearing or curfing, &c. 3. Drunkenness; 4. Abfence from chapel, or irreverent behaviour there; 5. Abfence from work, idlenefs at it, or negligently fpoiling the fame; 6. Obftinate difobedience to any of the rules of the houfe. All which are hereby declared to be offences against the true intent of this act, and to be punishable by the faid governor or deputy. They are also to enquire concerning feveral other matters, to be reported to the next feffions. 54. That on one of the days on every feffions to be holden at Hicks's-hall, the faid feffions fhall be adjourned to the county-house, there to be holden within five days next after fuch adjournment; Cat which feffions at the county-house the juftices fhall have power to enquire of all neglects, corruptions, or other mifdemeanors, in any of the officers of the faid houses, and to punish the fame, (unless in the governor, or deputies, or chaplains of the faid house,) by reproof, fine, or difmiffion. They fhall also enquire into the general conduct of the Draid houfe, and if they fhall find any default in the governor, deputy governors, or chaplains of the fame, they fhall report fuch default before their brethren at the next enfuing feffions at Hicks'sHall, where the governor, &c. fhall have notice to appear, and make his defence; and if fuch default fhall feem to the majority of the juftices of the faid feffions to be well proved, and to be of fuch a nature as to merit any fevere cenfure, they may, if they pleafe, report the fame to the lord chancellor, who shall have full cognizance of the matter, and may remove the governor, &c. from his office, or fine him at his pleasure. They fhall alfo enquire of the prices of provifions, &c. of the behaviour of the prifoners and labourers, and fhall inspect the accounts relating to the house, and order rewards to the labourers who have behaved themfelves well, &c. The 40th and 41ft articles concern the hiring of teachers of manufacture, and E the letting out to fervice any labourers confined in the county-house. By the 42d and 43d paragraphs, confpirators endeavouring by force of arms to break either of the houses, by which means any officer of the faid houfes fhall be killed, maimed or wounded; or beating and wounding any officer, to the danger of his life or limb, fhall be guilty of felony without benefit of clergy. F By the 5 following articles, perfons affaulting the governor, &c. privately conveying fire-arms, &c. into the houses, and abfolutely refufing to work, and officers guilty of fraudulent practices, are to be transported, and in the mean time to be committed to the county-goal. And G the 4 following relate to the punishment of letter crimes, fuch as introducing fpirituous liquors, deftroying goods, materials and tools for work, and escaping from either of the houfes. 55. Whereas the punishment of whipping is inflicted in fome cafes in this law, which whipping is always intended to be fevere and exemplary, the governor, or his deputy, is always to be prefent at the inflicting the fame. 56. That the governor, deputy-governors, chaplains, treasurer, receiver, keeper of the houfe of correction, and all |