"other party refuse thus to make good his" without reason, must the poor creature "obligation, the power and privilege of pro" starve in this miserable condition?" "perty doth not reach so far as that the 39. Many other great foreign authorities "things may not be taken away without the might be referred to, and I cannot help men"owner's consent, either by the authority of the tioning COVARRUVIUS, who is spoken of by “magistrate in civil communities, or in a state JUDGE HALE, and who expresses himself "of nature, by violence and hostile force. And upon the subject in these words: "The "though in regard to bare natural right, for" reason why a man in extreme necessity, "a man to relieve another in extremity when" may, without incurring the guilt of theft or "his goods, for which he himself hath not so rapine, forcibly take the goods of others for "much occasion, be a duty obliging only" his present relief, is, because his condition "imperfectly, and not in the manner of a debt," renders all things common. For it is the "since it arises wholly from the virtue of ordinance and institution of nature itself, “ kumanity; yet there seems to be no reason "that interior things should be designed and "wby, by the additional force of a civil ordi- " directed to serve the necessities of men. "nance, it may not be turned into a strict Wherefore the division of goods after"and perfect obligation. And this Selden ob- "wards introduced into the world doth "serves to have been done among the Jews; not derogate from that precept of na"who, upon a man's refusing to give such" tural reason, which suggests, that the alms as were proper for him, could force him" extreme wants of mankind may be in any "to it by an action at law. It is no wonder," manner removed by the use of tempo"therefore, that they should forbid their poor,“ral_possessions." PUFFENDORF tells us, "on any account, to seize on the goods of that PERESIUS maintains, that in case of ex"others, enjoining them to take only what treme necessity, a man is compelled to the "private persons, or the public officers, or action, by a force which he cannot resist; "stewards of alms, should give them on their and then, that the owner's consent may be "petition. Whence the stealing of what was presumed on, because humanity obliges him "another's, though upon extreme necessity, to succour those who are in distress. The "passed in that state for theft or rapine. But same writer cites a passage from St. AM"now supposing under another government the BROSE, one of the FATHERS of the church, "like good provision is not made for persons in which alleges that (in case of refusing to give "want, supposing likewise that the covetous to persons in extreme necessity) it is the "temper of mea of substance cannot be pre-person who retains the goods that is guilty of "vailed on to give relief, and that the needy "creature is not able, either by his work "or service, or by making sale of any "thing that he possesses, to assist his "present necessity, must he, therefore, pe“rish with famine? Or can any human in- rities on the same side, let me again notice. 40. Before I come to the English autho“ stitution bind me with such a force that, in the foul dealing of Blackstone; let me point. "case another man neglects his duty towards "me, I must rather die, than recede a little out another instance or two of the insincerity "from the ordinary and regular way af act of this English court sycophant, who was, let "ng? We conceive, therefore, that such the "good old king." You have seen, in it be noted, solicitor-general to the queen of "person doth not contract the guilt of theft, "who happening, not through his own fault, paragraph 25, a most flagrant instance of "to be in extreme want, either of necessary his perversion of Scriptures. He garbles the "food, or of clothes to preserve him from the of word God, and prefaces the garbling by "violence of the weather, and cannot obtain calling it a thing "certified by King Solomon "them from the voluntary gift of the rich, himself;" and this word certified he makes "either by urgent entreaties, or by offering use of just when he is about to begin the "somewhat equivalent in price, or by en scandalous falsification of the text which he "gaging to work it out, shall either forcibly is referring to. Never was anything more " or privily relieve himself out of their abun-base. But, the whole extent of the baseness "dance; especially if be do it with full in- we have not yet seen; for BLACKSTONE had "tention to pay the value of them whenever "his better fortune gives him ability. Some "men deny that such a case of necessity as "we speak of can possibly happen. But what "if a man should wander in a foreign land, << unknown, friendless, and in want, spoiled "of all be had by shipwreck, or by robbers, "For having lost by some casualty whatever "he was worth in his own country; should "mone be found willing either to relieve his "distress, or to hire his service, or should " they rather (as it commonly happens), see"ing him in a good garb, suspect him to beg a the act of wrong doing, for St.AMBROSE says, it is the bread of the hungry which you de-. tain; it is the raiment of the naked which. you lock up." read HALE, who had quoted the two verses fairly; but besides this, he had read PurFENDORF, who had noticed very fully this text of Scripture, and who had shown very clearly that it did not at all make in favour of the doctrine of Blackstone. Blackstone ought to have given the argument of PUFFENDORF; he ought to have given the whole of his argument; but particularly he ought to have given this explanation of the passage in the PROVERBS, which explanation I have inserted in paragraph 24. It was also the height of insincerity in BLACKSTONE, * to pretend that the passage from CICERO had thority, among lawyers, and in Chap. 10 of anything at all to do with the matter. He this book, in which the law describes what knew well that it had not; he knew that constitutes a BURGLAR, or house-breaker, CICERO contemplated no case of extreme and the punishment that he shall suffer necessity for want of food or clothing; but, (which is that of death), there is this passage: he had read PUFFENDORF, and PUFFENDORF "Those are to be deemed burglars who fehad told him, that CICERO's was a question loniously, in time of peace, break into of the mere conveniences and inconveniences" churches or houses, or through walls or of life in general; and not a question of "doors of our cities or our boroughs; with pinching hunger or shivering nakedness. "the exception of children under age, and BLACKSTONE had seen his fallacy exposed by" of poor people who for hunger enter to PUFFENDORF; he had seen the misapplication“ take any sort of victuals of less value than of this passage of CICERO fully exposed by twelve pence; and except idiots and PUFFENDORF; and yet the base court syco- "mad people, and others that cannot comphant trumped it up again, without men- "mit felony." Thus, you see, this agrees tioning PUFFENDORF's exposure of the fallacy! with the Mirrour of Justices, and with all In short this BLACKSTONE, upon this occa- that we have read before from these nusion, as upon almost all others, has gone all merous high authorites. But this, taken in lengths; has set detection and reproof at de- its full latitude, goes a great length indeed; fiance, for the sake of making his court to for a burglar is a breaker-in by night. So that the government by inculcating harshness in this is not only a taking, but a breaking into the application of the law, and by giving to a house in order to take! And observe, it is the law such an interpretation as would na- taking to the value of twelve pence; and turally tend to justify that harshness. twelve pence then was the price of a couple of 41. Let us now cast away from us this in- sheep, and of fine fat sheep too; nay, twelve sincere sycophant, and turn to other law pence was the price of an ox, in this very authorities of our own country. The Mirrour reign of Edward the First. So that, a hungry of Justices (quoted by me in paragraph 11), man might have a pretty good belly-fall in chap. 4, section 16, on the subject of arrest those days without running the risk of punishof judgment of death, has this passage. ment. Observe, by-the-by, how time has "Judgment is to be staid in seven cases here hardened the law. We are told of the dark "specified; and the seventh is this: in PO- ages, of the barbarous customs, of our fore"VERTY, in which case you are to dis- fathers; and we have a SIR JAMES MACKIN"tinguish of the poverty of the offender, or TOSH to receive and to present petitions in"of things; for if poor people, to avoid fa. numerable, from the most tender-hearted "mine, take victuals to sustain their lives, or creatures in the world, about “softening the "clothes that they die not of cold (so that criminal code ;" but, not a word do they ever "they perish if they keep not themselves say about a softening of this law, which now "from cold), they are not to be adjudged to hangs a man for stealing the value of a "death, if it were not in their power to have RABBIT, and which formerly did not hang "bought their victuals or clothes; for as much as him till he stole the value of an OX? Curious "they are warranted so to do by the law of na- enough, but still more scandalous, that we "ture." Now, my friends, you will observe, should have the impudence to talk of our that I take this from a book which may al- humanity, and our civilization, and of the most be called the BIBLE of the law. There barbarousness of our forefathers. But, if a is no lawyer who will deny the goodness of part of the ancient law remain, shall not the this authority; or who will attempt to say whole of it remain? If we hang the thief, that this was not always the law of England. still hang the thief for stealing to the value 42. Our next authority is one quite as an- of twelve pence; though the twelve pence thentic, and almost as ancient. The book now represent a rabbit instead of an ox; if goes by the name of BRITTON, which was we still do this, would BLACKSTONE take the name of a Bishop of Hereford who away the benefit of the ancient law from edited it, in the famous reign of EDWARD the starving man? The passage that I have THE FIRST. The book does, in fact, contain quoted is of such great importance as to this the laws of the kingdom as they existed at question, that I think it necessary to add, that time. It may be called the record of here, a copy of the original, which is in the the laws of Edward the First. It begins thus, old Norman-French, of which I have given "Edward, by the grace of God, King of the translation above. Sunt tenus bar"England and Lord of Ireland, to all his" gessours trestons ceux, que felonisement liege subjects, peace,and grace of salvation."" en temps de pees debrusent esglises ou The preamble goes on to state, that people" auter mesons, ou murs, ou portes de nos cannot be happy without good laws; that "cytes, ou de nos burghes; hors pris eneven good laws are of no use unless they be" fauntz dedans age, et poures, que, pur feyn, known and understood; and that, therefore," entrêt pur ascun vitaille de meindre value the king has ordered the laws of England" q' de xii deners, et hors pris fous nastres, thus to be written and recorded. This book" et gens arrages, et autres que seuent nule is very well known to be of the greatest au- "felonie faire." 66 43. After this, lawyers, at any rate, will in the days of the DRUIDS, such barbarity as not attempt to gainsay. If there should, how that of putting men to death, or of punishing ever, remain any one to affect to doubt of the them for taking to relieve their hunger, was soundness of this doctrine, let them take the never thought of. In the year 1811, the Rev. following from him who is always called the PETER ROBERTS, A. M., published a book, "pride of philosophy" the “pride of English entitled Collectanea Cambrica. In the first learning," and whom the Poet Pope calls the volume of that book, there is an account of "greatest and wisest of mankind." It is Lord the laws of the ANCIENT BRITONS. Hume, Bacon of whom I am speaking. He was Lord and other Scotchmen, would make us believe, High Chancellor in the reign of James I.; that the ancient inhabitants of this country and, let it be observed, that he wrote those were a set of savages, clothed in skins and "Law Tracts," from which I am about to the like. The laws of this people were colquote, long after the present poor-laws had lected and put into writing, in the year 694 been established. He says (Law Tracts, p. 55) before Christ. The following extract from "The law chargeth no man with default these laws shows, that the moment civil so"where the act is compulsory and not volun.ciety began to exist, that moment the law "tary, and where there is not consent and took care that people should not be starved to "election; and, therefore, if either there be death. That moment it took care, that pro"an impossibility for a man to do otherwise, vision should be made for the destitute, or " or so great a perturbation of the judgment that, in cases of extreme necessity, men were "and reason, as in presumption of law to preserve themselves from death by taking "man's nature cannot overcome, such neces-from those who had to spare. The words of "sity carrieth a privilege in itself. Necessity these laws (as applicable to our case) given "is of three sorts: necessity of conversation by Mr. ROBERTS, are as follows:-"There "of life; necessity of obedience; and neces"sity of the act of God or of a stranger. “dual property, which cannot be shared with are three distinct kinds of personal indivi"First, of conversation of life; if a man "steals viands (victuals) to satisfy his present “viz.—a wife, a child, and argyfrew. By the another, or surrendered in payment of fine. ; “hunger, this is no felony nor larceny." "word argyfrew is meant, clothes, arms, or 66 For seems; and the towns were pretty thickly 46. There were, then, houses and towns, it spread too; and, as to "civilization" and “refinement" let this law relative to a youth under age be compared with the new orchard and garden law, and with the tread-mill affair and new trespass law. 44. If any man want more authority, his heart" the implements of a lawful calling. must be hard indeed; he must have an un- "without these a man has not the means of commonly anxions desire to take away by the " halter the life that sought to preserve itself "unman a man, or to uncall a man as to his 'support, and it would be unjust in the law to against hunger. But, after all, what need "calling." TRIAD 53.-" Three kinds of had we of any authorities? What need had "THIEVES are not to be punished with DEATH. we even of reason upon the subject? Who "1. A wife, who joins with her husband in is there upon the face of the earth, except" theft. 2. A youth under age. And 3. One the monsters that come from across the chan-"who, after he has asked, in vain, for support, nel of St. George; who is there upon the face “in three towns, and at nine houses in each of the earth, except those monsters, that "town." TRIAD 137. have the brass, the hard hearts and the brazen faces, which enable them coolly to talk of the "MERIT" of the degraded creatures, who, amidst an abundance of food, amidst a "superabundance of food," lie quietly down and receive the extreme unction, and expire with hunger! Who, upon the face of the whole earth, except these monsters, these ruffians by way of excellence; who, except | these, the most insolent and hard-hearted ruffians that ever lived, will contend, or will dare to think, that there ought to be any force under heaven to compel a man to lie down at the door of a baker's and butcher's shop, and expire with hunger! The very nature of man makes him shudder at the thought. There want no authorities; no appeal to law books; no arguments; no questions of right or wrong: that same human nature that tells me that I am not to cut my neighbour's throat, and drink his blood, tells me that I am not to make him die at my feet by keeping from him food or raiment of which I have more than I want for my own preservation. 45. Talk of barbarians, indeed; talk of "the dark and barbarous ages." Why, even ACT, to punish men for begging. We have a 47. We have a law, called the VAGRANT law to punish men for not working to keep their families. Now, with what show of justice can these laws be maintained? They are founded upon this: the first, that begging is disgraceful to the country; that it is degrading to the character of man, and, of course, to the character of an Englishman; and, that there is no necessity for begging, because the law has made ample provision for every person in distress. The law for punishing men for not working to mantain their families is founded on this, that they are doing wrong to their neighbours; their neighbours, that is to say, the parish, being bound to keep the family, if they be not kept by the man's labour; and, therefore, his not labouring is a wrong done to the parish. The same may be said with regard to the punishment for not poor I have alluded before. I received it from Manchester the day before yesterday; maintaining bastard children. There is good reason for these laws, as long as the poorlaws are duly executed; as long as the are duly relieved according to law; but, unless the poor-laws exist; unless they be in full force; unless they be duly executed; unless efficient and prompt relief be given to rectness of his statements. The writer necessitous persons, these acts, and many is a rich man; a man by no means inothers approaching to a similar description, are acts, the character of which it is not ne-fluenced by political heats and animosicessary to describe. ties; full as 66 respectable and intelligent" as any of the heroes of Dr. BLACK. With the insertion of this letter, I shall have done justice as far as I am able to the town of Manchester, towards which this justiee, I shall leave POULETT THOMSON and his bunch of PRIGS, to creep about the world in that obscurity to which they are destined by reason as well as by nature. 48. The law of this country is, that every man, able to carry arms, is liable to be called on, to serve in the militia, or to serve as a soldier in some way or other, in order to defend the country. What, then, the man has no land; he has no property beyond his mere body, and clothes, and tools; he has nothing that an enemy can take away from him. town I entertain feelings of great reWhat justice is there, then, in calling upon spect and gratitude; and having done it this man to take up arms and risk his life in the defence of the land: what is the land to him? I say, that it is something to him; say, that he ought to be called forth to assist to defend the land; because, however poor he may be, he has a share in the land, through the poor-rates; and if he be liable to be called forth to defend the land, the land is always liable to be taxed for his support. This is what I say my opinions are consistent with reason, with justice, and with the law of the land; but, how can MALTHUS and his silly and nasty disciples; how can those who want to abolish the poor-rates or to prevent the poor from marrying; how can this at once stupid and conceited tribe look the labouring man in the face, while they call upon him to take up arms, to risk his life, in defence of the land? Grant that the poor-laws are just; grant that every necessitous crea ture has a right to demand relief from some parish or other; grant that the law has most effectually provided that every man shall be protected against the effects of hunger and of cold; grant these, and then the law which, compels the man without house or land to take up arms and risk his life in defence of the country, is a perfectly just law: but deny to the necessitous that legal and certain relief of which I have been speaking; abolish the poor-laws; and then this military service law becomes an act of a character such as I defy any pen or tongue to define. What! hang a man, if he refuse to take up arms to defend the land of his birth; and tell him, at the same time, that he has no right to be upon, and to have a a living out of, that land Yet, this is what he is, in fact, told by those who deny his right, in case of need, to receive the means of sustaining life. This is such a daring insult to common sense; such a savage outrage on all the natural feelings of the human breast, that, whenever attempted to be acted upon, it must, in the end, produce the overthrow of the tyrant, or tyrants, who shall make the attempt. WM. COBBETT. TO MR. COBBETT. Manchester, 28. Dec. 1832. SIR,-The following was intended to have been sent to Mr. Thomson, but was unavoidably deferred till too late; as perhaps you would like to know how the meeting was got up, and how it ended, I have taken the liberty of sending it to you. in doing so, and I am, Sir, Excuse my presumption Yours truly, TO THE RT. HON. C. P.THOMSON. SI8,-Allow me to express my chagrin, not only for the manner in which you were received by the public on Monday last, but also for the manner in which you have been treated by those individuals who undertook to carry your election. I do not here mean to impugn the motives which induced those individuals to propose you as a candidate for this borough, or yours, in either not explicitly publishing your principles, views, and intentions, when so proposed, or in not coming forward personally and doing so, far less do I intend to dip my pen in their ink, imitate their scurrility, and abuse you for having acceded to their request in now coming forward to fulfil the pledge they had given to the public, that you would substantiate everything they had affirmed concerning your principles. My intention alone in addressing you at this time, is to expose the underhand and surreptitious manner in which you were dragged before the meeting last Monday (and, as I understand, against your will), and why you were received so uncourteously by the public, as also the insolent manner in which they have treated the public. I have taken every means to ascertain the truth, and did I not believe the following to be a fair statement of facts, and the conclusion deduced from these facts to be correct, I would not have intruded upon your notice. say, if it really was an open meeting, and if it was composed of what is called the public,-I say No; and after you have read what follows, you will say No also. These individuals caused a vast number of election cards to be procured, on which one of the clique wrote his initials. But what could be the use of all that vast number of tickets you exclaim, when it was told you it was to be a public meeting; you must bear in mind that the meeting was to be unanimous in your favour, and how could that be gained, if your opponents were to be admitted; but you were told it was to be a public meeting after a very few of your friends had obtained favourable seats, therefore few tickets It had been represented to you by the deputation, that you were called upon by a very large majority of the cousti-would be required you say. So one tuency (I use your own words), that the would think; but the very opposite was public were unanimous in your favour, the case. These vast numbers of cards and that at the meeting alluded to, you were divided into two parts, one of which would be received in the most flat was given to Mr. Phillips's committee, tering manner. That everything and the other to your own, for distribuwould appear as had thus been repre- tion, that those only who were favourable sented to you, these individuals used to you might obtain admission. every artifice which persons who are was also intended that the number perfect in the art of deception well of these should have been such know how to employ. You will please as to completely fill the room before to bear in mind, that you were to have addressed the public (so ran the pledge), and in that address you were to have confirmed all which these individuals had said concerning your principles. It was to have been a public meeting; that is to say, the doors of the room were to be opened at a certain time, which time was to have been half-past twelve; and at that hour the room was to be taken possession of by the public; that is to say, that those who voted for you, those who voted against you, those who had no vote at all, and those who were indifferent whether you were elected or not, were to take possession of the room at that hour, to hear you fulfil the pledge which those individuals, &c.; and, according to custom, ask you such questions as they might think would better elucidate your principles. Let us now see if such were the case. If the meeting was such as one would naturally expect from the oft-repeated pledges, that is to the doors were opened to the public, so that when you arrived everything might have the appearance as had been represented to you, and as if the public had been admitted in the usual way; if it was so, you can well-judge, but you seemed by what you said, to have been disappointed; but mark ye, I do not intend to implicate all your committee in this low artifice, it entirely rests with a few. It was intended tha the public should be excluded; but, alas, how often are the best-concerted schemes rendered abortive, from circumstances over which even the most cunning and far-sighted have no control! Several individuals opposed to you in politics, and well known to be so, called or sent to your committee-room for tickets of admis sion, but were refused; thus being made aware of the manner in which the meeting was to be got up, they were determined to frustrate it. Soon after a placard appeared on the walls, informing the public that the doors would be ་ |