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1753.

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, A 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 subjects against those of Pruffia; and it is this new injury that led the king to make use of reprisals, in order to obtain fatisfaction. It was not till

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after the treaty of Breflau in 1742, and B
that of Drefden in 1745, that the English
fubjects committed the outrages complain-
ed of. The point in queftion therefore is
a new offence, which did not arise from the
preceding war, nor has any connexion
with it; and therefore demands a new
reparation. To obtain this reparation,
the king, authorized by the law of nati-
ons, has recourfe to the money of the Eng-
lih in his hands.-But this doth not in-
validate the preceding treaties of peace ;
for, by the laws of nations, the repara-
tion of a new offence may be fued for
without interruption of a peace. It is a
queftion (fays the illuftrious Grotius) that
Occurs every day, and is often debated, D
when may a peace be looked upon as
broken? For it is one thing to furnish a
new fubject for war by a new offence, and
another thing to break a peace. If it
happens, that after a peace concluded,
one of the contracting parties commits
violence upon the fubjects of the other,
and confequently offends that other afresh,
the peace does not therefore ceafe to fub- E
fift; but the party offended may, without
violating that peace (falva pace) recom
mence war on this new ground,"

If then, according to his Prussian ma-
jefty'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
Breslau and Drefden, by topping 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 in-
jured, 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 stopping the loan of Silefia. Befides, the new offence complained of, by his Pruffian majefty, has no manner of relation to thofe treaties; and therefore, according to, Grotius, they ought not to be broke by him oh that account: But the new offence complained of by the British nation, is the breaking of thofe very treaties in that ma

terial point, which was the fole caufe of fuch guaranty; and which therefore does abfolutely annul the fame. His Pruffian majefty cannot, with the leaft 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 resentment, the following menace of his Pruffian ma jefty!" But if, contrary to all reafon, it fhould be faid, that this attachment makes void the guaranty promised in the treaties of Breflau and Drefden, still 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 dif engaged from his guaranty of the crown of England to the houfe 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 reafonable to fuppofe) and yet his Pruffian majefty fhould ftill perfift in ftopping 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 just right to re-enter and re-poffefs Silefia.

BRITANNICUS.

There

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; we shall give our Readers fome Account of it, with an Abftra&t of the Propoful itself.

To the buildings propofed. It is

10 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 fcheme, from the prefent 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 shall be erected, for the county of Middlefex *, at fome convenient place within the faid county, a large building, confifting of three feveral tourts. The two outermost of the faid courts to be called the county-houfe, 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 feparate from each other.

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.

S. That the lodging-rooms of the county houfe fhall be furnished with beds, allowing one bed to two perfons; one large joint-stool, and two fmall 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 moft 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.

4. That the faid county-houfe fhall confift, 1. Of lodgings for the officers. 2. Of lodging rooms for the labourers. E 3. Of working-rooms for the fame. 4. Of an infirmary. 5. Of a chapel. 6. Of feveral large ftore-rooms, with cellarage.

5. That the faid county-houfe of correction shall confift, 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 house. There thall be likewife built on each fide of the faid county-houfe, 9 houfes for providing

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*It is proposed to make the trial firft in this County, and if the plan should be approved by experience, it will be ealy, be fays, to extend it over the kingdum,

the falaries,

Blanks are lift for

1753.

Abstract of Mr. FIELDING'S PROPOSAL.

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13. That the governor fhall 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 house, to make contracts with all perfons whatever, and to draw on the treasurer 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 faid 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-houfe, or in fome convenient place near adjoining thereto, for the difpofal of fuch wares and manufactures as C fhall be wrought by the labourers in the faid houses.

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14. That when any perfon fhall be brought before a juftice for the county of Middlefex, and fhall be convicted before him, on the oath of one credible witnefs, 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 prefent majefty, called the vagrant act; or fhall be fo convicted of any other crime, for which he is liable to be committed to the houfe of correction for any fixed time, or at the difcretion of one or more juftices, by any law now in being, it fhall be lawful for the faid justice 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 ef fmall thefts; and idle perfons wandering about without a pafs.

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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 distance 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 pars in the following words, mutatis andis.

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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 orderly and according to law.

Given under my hand this 10th of Nov. 1752.

C. D. minifter of the faid parish.

This pafs to continue in force one month from the dáte hereof inclufive, and no longer.

19. That it fhall be lawful for any gentleman, farmer, artificer, or tradeiman, 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 aforesaid, which the faid magiftrate, &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.

20. And whereas many able and induftrious perfons, who are willing to get a livelihood by honest 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 fhall apply to the minifter, or churchwarden of any parish, 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 said county. Parish of I recommend to your care C. Middlefex. D. the bearer hereof, to he 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 10th 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 pafles.

The 23d and 24th fpecify the manner of admiffion of thofe who come voluntarily to the county-houfe, and how they are to be detained and difcharged,

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25. That every person who fhall be brought by mittimus to the county-house, fhall be examined, entered, and fet to work; a badge with thefe words, countyboufe, in large letters, fhall likewife be fewed on the left shoulder of the faid perfon; and whoever fhall tear off, or otherwife deftroy the faid badge, fhall be com- A mitted to the county-houfe of correction, there to remain till difcharged by due course of law.

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26. That when any perfon fhall be brought to the county-houfe of correction, by a mittimus to the faid houfe, he fha!! be immediately confined within the fafting room, there to remain with no other maintenance than bread and water during the fpace of 24 hours; after which he fhall be put to hard labour with the other prifoners, unless he thall 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 faid 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-houfe D 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.

28. That the hours of work in the E county-houfe of correction shall 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.

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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 houfes, 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 houses, fall by turns conftantly attend and fupervife the labourers, and

fhall take an account of any neglect of work, or other mifbehaviour; the keepers of the county-house shall likewife take account of any extraordinary diligence in any of the faid labourers, and fhall faithfully report the fame twice in every week, to the governor or his deputy.

31. That as often as may be, the la bourers in the county houfe fhall be permitted to refresh themselves in the inclofed ground, contiguous to the faid house, in the prefence of two at leaft 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 hall certify, that fuch refreshment is neceffary for their health, who shall 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, Ash-Wednesday, Good-Friday, Monday in Easter week, Monday in Whitsun 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 thall likewife be days of reft in the county-house of correction.

32. That no perfon fhall be removed from either of the faid houfes, to the infirmary, unlefs by an order figned by the governor or his deputy, to be obtained by the certificate of the furgeon or apothecary, that such person is in a fick and languishing condition.

33. And as often as any of the labourers or prifoners fhall happen to die, the governor shall 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 deceased fhall be defirous of removing the body to be buried elsewhere at their own expence.

34. That as often as any person shall be committed or admitted to the countyhoufe, the receiver fhall immediately advance to him or her, if defired, 2s. 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 fhall 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-houfe, the fum of zd. in every fhilling shall be deducted out of the nett profits arifing from their labour; but from those who voluntarily come thither, no more than rd. in every fhilling.

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 manufac

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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. 1. Quarrels amongst the labourers; 2. A Profane fwearing or curfing, &c. 3. Drunkennefs; 4. Abfence from chapel, or irreverent behaviour there; 5. Ab fence from work, idleness 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 alfo to enquire concerning feveral other matters, to be reported to the next feffions.

tures, having first made the deductions B before appointed.

38. That the receiver and flore-keeper fhall keep an exact account of all implements, materials, &c. from time to time brought to the faid houfe, of thofe which are delivered to the labourers, and those 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 shall appear to be less than 1oool, remaining with the treasurer, the deficiency shall be

made up by a county-rate. And if any confiderable excefs of the faid capital Rock, over and above what fhall be neceffary for paying the falaries of the officers, &c. fhall be in the treasurer's hands, fuch redundancy fhall then be applied in aid of the parochial rates.

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-houfe, 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 houfes, and to punish the fame, (unless in the governor, or deputies, or chaplains of the faid houfe,) by reproof, fine, or difmiffion. They fhall alfo en

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 houfes, 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.

Dre into the general conduct of the faid houfe, and if they fhall find any default in the governor, deputy governors, or chaplains of the fame, they shall 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 fhall have full cognizance of the matter, and may remove the governor, &c. from his office, or fine him at his pleafure. They fhall alfo enquire of the prices of provifions, &c. of the behaviour of the prifoners and labourers, and fhall inspec the accounts relating to the house, and order rewards to the labourers who have behaved themfelves well, &c.

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By the 5 following articles, persons 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 fpinuous 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, treafurer, receiver, keeper of the houfe of correction, and

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