Cottage Economy, to Which is Added The Poor Man's FriendCobbett, William
General
Cottage Economy, to Which is Added The Poor Man's Friend
Cobbett, William
Agriculture; Home economics; Poor laws -- Great Britain
hungry man might have a pretty good belly-full in those days without
running the risk of punishment. Observe, by-the-by, how time has hardened
the law. We are told of the _dark ages_, of the _barbarous customs_, of
our forefathers: and we have a SIR JAMES MACKINTOSH to receive and to
present petitions innumerable, from the most tender hearted creatures in
the world, about "_softening the criminal code_;" but, not a word do they
ever say about a softening of _this law_, which now hangs a man for
stealing the value of a RABBIT, and which formerly did not hang him till
he stole the value of an OX! Curious enough, but still more scandalous,
that we should have the impudence to talk of our _humanity_, and our
_civilization_, and of the barbarousness of our forefathers. But, if a
_part_ of the ancient law remain, shall not the _whole_ of it remain? If
we hang the thief, still hang the thief for stealing to the value of
_twelve pence_; though the twelve pence now represents a rabbit instead of
an ox; if we still do this, would BLACKSTONE take away the benefit of the
ancient law from the starving man? The passage that I have quoted is of
such great importance as to this question, that I think it necessary to
add, here, a copy of the original, which is in the old _Norman-French_, of
which I give the translation above. "Sunt tenus burgessours trestous ceux,
que felonisement en temps de pees debrusent esglises ou auter mesons, ou
murs, ou portes de nos cytes, ou de nos burghes; hors pris enfauntz dedans
age, et poures, que, pur feyn, entret pur ascun vitaille de meindre value
q'de xii deners, et hors pris fous nastres, et gens arrages, et autres que
seuent nule felonie faire."
46. After this, _lawyers_, at any rate, will not attempt to gainsay. If
there should, however, remain any one to affect to doubt of the soundness
of this doctrine, let them take the following from him who is always
called the "_pride of philosophy_," the "_pride of English learning_," and
whom the poet POPE calls "_greatest_ and _wisest_ of mankind." It is LORD
BACON of whom I am speaking. He was Lord High Chancellor in the reign of
James the First; and, let it be observed, that he wrote those "_law
tracts_," from which I am about to quote, long after the present poor-laws
had been established. He says (Law Tracts, page 55,) "The law chargeth no
man with default where the act is compulsory and not voluntary, and where
there is not consent and election; and, therefore, if either there be an
impossibility for a man to do otherwise, or so great a perturbation of the
judgment and reason, as in presumption of law a man's nature cannot
overcome, such necessity carrieth a privilege in itself.--Necessity is of
three sorts: necessity of conservation of life; necessity of obedience;
and necessity of the act of God or of a stranger.--First, of conservation
of life; _if a man steal viands (victuals) to satisfy his present hunger_,
this is _no felony_ nor _larceny_."
Public-domain text, read in full here on John Shaqi.
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