Law -- England; Poor -- England; Poor laws -- England; Working class -- England
How illogical it seems that a citizen whose State executed this form of
torture on its prisoners should hold up the holy hands of horror at the
variations of cruelty that satisfied the lust of the unspeakable Turk! The
_peine forte et dure_ remained one of the pillars of our law until the
reign of George III. and was carried into execution in the reign of Queen
Anne and George II.--so obstinately do we cling to our ancient precedents
and so fearful are we of facing the narrow paths that lead to better
things.
When Oliver Goldsmith wrote, "Laws grind the poor and rich men rule the
law," I do not know that he wished to make any specially unkind attack
upon the rich. I imagine he merely intended to state a fact which seems in
all ages to have been universally true. I do not suppose that in the
middle of the eighteenth century anyone in the least recognised the actual
horrors that were going on around him unless it was some poet and dreamer
like Oliver himself. The strong, sensible men of that generation were as
assured of their own righteousness as they are to-day.
Dr. Johnson told Dr. Maxwell that "the poor in England were better
provided for than in any other country of the same extent; he did not mean
little cantons or petty republics. Where a great proportion of the people
(said he) are suffered to languish in helpless misery that country must be
ill-policed and wretchedly governed; a decent provision for the poor is
the test of civilisation. Gentlemen of education, he observed, were pretty
much the same in all countries; the condition of the lower orders, the
poor specially, was the true mark of national discrimination."
The good Doctor rolled all that excellent stuff out one evening in 1770 to
the Rev. Dr. Maxwell, the assistant preacher of the Temple, who, like
Boswell, faithfully recorded what he remembered of it in the morning--I
doubt not that if Dr. Johnson had lived in 1670, or 1870, or 1970, or had
flourished under Caligula or Nero, he would have rolled out the same
sonorous complacent nonsense to some sort of faithful human gramophone who
would have recorded the utterances of his master's voice with a canine
credulity in its omniscience.
Public-domain text, read in full here on John Shaqi.
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