[005-036-037]

Consulenda Provisions

Consulenda

1. Widdobuous[?] Bill

2. Ld Stanhopes list of persecuting laws in the [blank] of [blank] 1789

3. New Courts’ In[…?]

{4. Dr Watson’s Pamphlet}

{5. D. of Crofton’s Hists.}

6. Burns’ Eccles Law

7. Welsh livings[?] how they came to be so small inquire of Parry & Poole

8. Of Dr Pr[…?], the general amount of dissenting benefices.

{9. Of in Butler do of Catholics – to show the quantum stuff.}

10. Book showing the Ecclesiast. polity of Scotland.

11. Do of Prussia, Denmark – Sweden, Geneva, Bern

12. Of Ld. L. differences of hire per acre between Tishable lands and Tethe free.

1. 2/3 of the purchase money may lay on the land as a mortgage.

2. Fetters – Tenants for life &c. may charge the purchase money upon the estate.

3. Guardians and […?] of manors[?] may purchase

4. Forms of conveyance to be given in the Act.

5. Rights of presentation belonging to patrons […?] office to lapse to the parishioners on the first vacancy of the office: Ex.g. Chancellor and Bishops

6. A value to be fixed for the Advowson at so many years purchase, and for the next presentation /of the value of the living/ presentation at so many years purchase

7. Bishopricks & {other} sine cure benefices to be at the disposal of the Crown to be extinct at the death of the two present possessors.

8. Money, to be received and disbursed by the receivers of the Land Tax in each county.

9. Upon the vacancy of a Benefice the emoluments of which consist in a share of an amount of that share of an aggregate fund as a Prebend or Fellowship the amount of that share to be made […?]-charge and paid annually to the Crown.

10. Upon the lapse of the greater part in number and value of the Co. beneficiaries the tenenants to be put up to sale subject to life annuities to the Incumbents.

11. Impropriations consisting of mod[…?] to be purchasable at any time at the option of person liable, at a fixed rate

12. Profit arising from the suppression of Tithes to be divided between the public and the tithe player where he occupies the land by he occupies the land by his being at liberty to purchase at an under price.

13. Like division between the landowner and the farmer, according to tables to be formed {…?} calculated from the number of years to come of the lease

14. Provision to be made where the land is hand in lives, and under let to tenants for years.

15. To where there are several ranks of tenants.

N.B. The twin of the scale may be given to the landlord, prudentially, theirs being the most powerful interest.

Manorial Reform Vextatiuos manorial rights of no assignment value to be abolished

Dividends

Hero of custom.

Treasture Trove.

Royal Fish

Wasp and Strays

Wrecks

Things jetsam flotsam and ligan

Copyholds to be enfranchisable at the option of the copyholders at a fixed price.

16. Rights of Election to livings to be in the Majority of the Vestry paying to the poor.

17. Provision for the juncture of small parishes where no part of the […?] is more than 2 miles distant from the Church

18. – division of any parish which has any House more than 3 miles distant from the church

19. New liturgy to be received every where by a certain day unless a dissent be signed by a majority of the inhabitants paying parish taxes.

20. If then rejected, a Vestry to be held every year at a certain day to put it to the vote

21. If received at 5 successive annual meetings, at the 5th to be received finally.

22. Promise not to preach nothing uncomfortable to the Liturgy.

23. Liberty expressly reserved to write against it.

24. Declaration that a man’s attends the service and joining in the office does not imply an approbation of every part of it without exception.

25. An advowson with an incumbent of the youngest age presumed in good health to be valued at [blank] years purchase

26. An advowson with an incumbent of 100 years old or upwards at [blank] years purchase.

27. […?] with an immediate resignation at [blank] years purchase

28. The intermediate values to be settled by Tables.

29. The game to the nation by the purchase would be the difference between the price of an advowson, the […?] price to sell the tithes &c at, and the real value of the purchases

Say 16, 20, and 28.

30. Impropriations

Land owners to hand the right of purchasing in at {…?} such a price as if they borrow their money will not diminish their income viz: 25 years purchase to 4[?] cent. The differences betwixt that and the market price say 28 years purchase to be made good by the nation out of the fund produced by sale of the Tithes of Rectories. In Ecclesiastical hands

31. Qu. The proportion of the value of […?]-proporatious to livings?

32. The farmers/tenants/ du[…?] their beans to pay the composition money (as valued) to the landlord instead of the parson.

33. Tenant for a life or lives renewable to have […?] power of changing the reversion.

34. Reversions to have like power of purchasing in the Tithes on default of the life-holders and to charge the life holder with a proportionable rent or augmentation of fine.

35. Mortgage for purchase of Tithes to have the priority of all other Mortgages – and to be registered.

36. Ministers oath to secure residence. Church wardens to sign their belief of it or mention[?] to be made of their refusal or hindrance.

Constant residence swoon to except as excepted – list of non-resident days allow’d exclusive of accidental detention by illness.

For every other day of absence, that days salary to be deducted.

Signed copy of the Oath of Residence to be enter’d in a Church Book and another stuck up against the door.

Two months non-residence in any year over and above the allowance, a ground for deprivation within 2 years.

The Parish vestry to have the power of displacing the Minister without reason assigned, but only in terms of allowing him at least ¾ of his income {2/3of the} 2/3 of the Parish in numbers and value to join in this?

[152a-122]

Collateral Uses 4. [...?]

5. & 6 Poor Mans Inns &

Carriage Stages

Note to p.1

(a) The degree of economy with which this business may be carried on depends, on one hand, on the expense for which a man can be maintained in full health and strength for a day, on the other hand on the value of the work which a man of the working class, being in a state of ordinary health and strength, can without hardship be made to perform in the same compass of time. The expense I state at 3 d: grounding the estimate on the experiments and observations made by [...?] Romford in his 3 [...?] pay relative to the Poor (p.239), in which the expense of a days allowance of soup and bread consisting of 4lb 3oz is stated at 2 d:, computed according to the extraordinarily high prices and those the London prices of the present winter: being an allowance in point of nutrition evidently much greater and probably at least twice as great as the average of the allowance at which prisoners have been actually kept for many years, in remarkably good health at least, at the Penitentiary House at Wymondham, See Account of the regime of that House in the Annual Register for 1788.

The value of the work I set down at 1 s a day: being less than the lowest wages of the commonest Day.-bour any where in England.

On this footing, the average value of a man's daily earnings, in one of the Houses in question among adults of the male sex being in a state of ordinary health and strength and not disabled by age, may be stated at four times the daily expense of his food, leaving a clear surplus of 9 d. The value of the earnings of a grown person of the female sex, I set down at 6 d, half the value of that of a grown person of the male sex. The calculation seems rather low than high, if applied to such works of the laborious kind as are exercised in common by both sexes: and in the instance of the [...?] employment of spinning the average earnings of 112 children candidates for [...?] was 5 d2. See Account of the Society for the prevention of Industry in London District F Edition No date but [...?] to 1789.p.89. The children, it is true were all candidates for [...?]. But the average of their ages (most of them female) was but ll years, ll months.

[152b-420]

In the year 1786, being on a visit at Crichiff[?] in White Russia on a visit to my Brother, my younger and only Brother, now Inspector General of the Naval Works in his Majesty's service, there Lieutenant Col. Commandant of a Batallion in his Imperial Majesty's service, an idea occurred to him which [...?] its [...?] though produced in his mind from the local exigencies of particular economy, presented itself to us both and to myself in particular as applicable to much more extensive purposes. It consisted in neither more nor less than the giving to any structure destined for the reception of persons of any class /description/ who from the nature of their situation may appear to stand in need of inspection, in whatever sense physical or moral the word be understood, such a form as should subject the whole of them at once, & that without any change of place to whatever degree of inspection /understanding the word in the /its/ literal and physical sense/ might appear best adapted to the purpose.

This idea having been applied with more or less particularity to every branch /division/ of that economy which presented itself in the field which it might be /seemed/ applicable with advantage was developed /committed to writing/ in a series of letters which being called forth by a particular occasion /opportunity/ which had supposed to present itself for /of/ giving the idea it chance of being introduced into English practice, were despatched to England in that form without any immediate or

[152b-421]

Poor Bill Preface

or determinate view to general publication.

Meantime the Penitentiary System, the principal object and subject matter of these letters, the Penitentiary system, after undergoing a variety of impediments in the course of its struggles to come into existence, seemed when viewed in the character of a /general/ national establishment, to have fallen finally asleep. But in the year 1789 the attention of the public in Ireland having been drawn to it by a in some degree Parliamentary notice given about that time by the Right Honourable Sir John Parnell, then and now Chancellor of the Exchequer in that kingdom of a [...?] to make trial of the Penitentiary system in that sister kingdom, a copy of those letters falling in the way of the Right Honourable Gentleman gave birth to a negociation /communication/, in the course of which and for the purpose of it these Letters were committed to the Irish press were first brought to light through the medium of the Irish press.

[152b-500]

Poor Bill Systems compared

Justice - or Legitimacy of the title to relief

The bad economy, the universal tendency, and the injustice wear a different complexion and present still harder features, where instead of being bestowed although on such had terms, upon real indigence, the bounty is /wasted/ lavished upon /importune/ fraudulent rapacity, under the mesh of indigence. Thus much as to the expence of affording relief, the existence of the demand for relief, the title as it may be called to relief being supposed. The allowance in the way of relief under each head, being supposed to be determined, the question /comparison/ has hitherto been /turned/ concerning the most economical /frugal and cheapest/ mode of providing that allowance.

But does the demand (in the instance of the individual in question) really exist? Does it exist to the extent to which it is alledged to exist? - On the answers to these questions turns /depends/ a consideration /a head/ /an article/ of economy, of greater importance than all the preceding ones put together. Here the question goes to the whole of the allowance - there, it goes only to a per centage on the amount of that allowance.

Under this head we shall find the advantage as conspicuously on the side /in favour/ of the Public- Establishment System, as under any of the former heads.

Under the Public-Establishment System, under the Public-Establishment how badly soever conducted, we shall find at least two checks opposed to unfounded claims: 1. obligation, or at the worst visible /probability/ danger of being subjected to the obligation of performing work: 2 obligation of residing on a spot which is not and of living in conformity to a set of rules which are not, of a mans own choice.

+ Dissertation 1786 Dilly

[153a-043v2]

System of Industry Houses. Collateral Uses.

II. Itinerary

1. Poor-Man's Inns

2. Poor Man's Stage Houses

To such as do require an escort, the expences will likewise be reduced in a very great degree: since the conductors, being stationed at the several Industry Houses, will have no Public-House Charges to defray. The time of the Conductor will be the only charge: & this need cost very little, since it will be extraordinary, if the whole establishment does not afford one inmate capable of executing such a trust.

Female

& those the London prices, of the present winder: being an allowance, in point of nutrition evidently much greater, & probably at least twice as great, as the average of the allowance at which Prisoners have been actually kept for many years, in remarkably good health, at the Penitentiary House at Wymondham. See account of the regimen of that House in the Annual Register for 1788 -

The value of the work I set down at 1 s a day: being no more than the lowest wages of the commonest day labour, any where in England.

On this footing, the average value of a man's daily earnings, in one of the Houses in question, in the instance of adults of the male sex (being in a state of ordinary health & strength & not disabled by age) may be stated at four times the daily expence of his food, leaving a clear surplus of 9 d.

The value of the earnings of a grown person of the female sex, I set down at 6 d: half the value of that of a grown person of the male sex. The valuation seems rather low than high, if applied to such works of the laborious kind, as are exercised in common by both sexes: & in the instance of the sedentary employment of spinning, the average earnings of 112 children, candidates for premium was 5 d2. See Account of the Society for the promotion of Industry in Lindsey district - 3 Edition: no date, but posterior to 1789-p89 - The children, it is true, were all candidates for premiums - But the average of their wages (most of them females) was but 11 years 11 months.

[153b-298]

Heads

Book VI.

Constitution Defended

1 Company One

Company /Authority/ - why one for /only, extending over/ the whole /of South Britain/ Kingdom? /Answer - on account of the/ Advantages that would be foregone by a System, compleat or incompleat, of independent local managements - even if they covered the whole face of the territory /country/, much more if they covered but a part of it.

1. Universality of the benefit (whatever it might be) in point of local extent - Under the proposed National Company; the whole country would be covered with the proposed Industry Houses all at once - A compleat set of Local Companies might not be formed for Ages - Half a century employ'd in covering the half of a single county (Suffolk) with Industry Houses - 2. Saving of the expence of [...?] and Litigations in regard to Settlement - Annual [...?] ,\ZS\. + 3 Advantages attested to /depending on/ the difference in point of largeness of scale. ║

4 Saving by diminution of the proportion of spare room /building/ necessary to be provided to make provision for fluctuations in respect of the number of the Paupers, in a set of Independent Houses, of which no one however scantily peopled could afford any relief to any other, however overflowing.

+ Pauper Returns to the House of Commons Predated[?] 1787

Note 2

║ viz: in respect of 1. Savings in the proportionable number of Officers: 2. in respect of the building - by avoiding the multiplication of apartments such as no establishment can do without, and of which there must consequently be as many as there are establishments although one such apartment will serve for an establishment however large: 3. Saving in the expence of vessels, by diminishing the proportion of materials with reference to space: 4. Saving by the advantage of wholesale purchase: 5. Profit by value given to refuse - (in the way of manure &c) which upon a smaller scale would not be worth collecting. 6. Advantage in respect of the division of labour: which is carried to a higher pitch, and thence production of a greater degree of profit the greater the quantity of labour at command.

[copyist’s hand]

nd

To Erskine

3.

Now then as to the persons to whom in the first place under the name of Whigs, Your Lordship’s eloquence has, on this occasion, been pleased to direct our eyes. These are the Whigs of 1688. Hoping for Your Lordship’s pardon, I decline lifting up my eyes, for the present at least, towards any of those | | Yes, were there any of them in a way to become Candidates for Westminster: or even for any other seat. But M r Lamb’s Great Great Grandfather is too generous I am persuaded to entertain, on this or any other occasion, a thought of attempting to supplant his Honourable Great Great Grandson. This much for the House of Commons. Though all the Erskines, if I understand right, have Kings for fore-fathers, your Lordship and your Lordship’s great Great Grandfather are not exactly the same person. A truth so vulgar, your Lordship’s eloquence seems not to have been perfectly aware of: but to us, who are plain men, it has become necessary to have it in remembrance. Thus much for the House of Lords.

The shades of departed heroes being thus dismissed, I proceed to existing flesh and blood. | | in the concisest manner possible, follows a list of their alledged merits, acknowledged by me beforehand in the quality of good deeds.

1. Merit I. p. 5. A o 177 . American War. This gave rise to ‘a general Spirit of reform’. Opposing the war, Whigs favoured reform.

2. Merit II. A o 17 . Vindication of the Rights of Juries. Rex versus Shipley. Per Kings Bench, we are entitled to make the jury verdict. Per Erskine for Defendant: Not so, but the Jury. Argument after argument, Erskine ultimately and virtually triumphant. N.B. Erskine a Whig.

3. Merit III p. 6. Fox’s Libel Act A o 17 . Juries established in the right of giving their own verdict, law as well as fact included.

4. Merit IV. p. 7. A o 1789 &c. French Revolution. Whigs took advantage of it: supported the Revolutionists: opposed Britain’s interference: formed themselves into a Society – that of the Friends of the people – for introducing reform into the parliamentary representation.

5. Merit V. p. 9. A o 1793. Publishing a Declaration exposing the vices of the existing system of Representation.

[copyist’s hand]

nd

B

To Erskine

1

7.

III. Foundation laid for efficient Parliamentary reform.

That of this means of national salvation there has been at different times, no small shew is to a certain degree matter of notoriety: though such are the | | indirectly applied by these self stile protectors of liberty upon the liberty of the press not near so notorious as could be wished.

Whether, from first to last, there has even been any thing in intention, howsoever it may have been in effect, more than show, it will be the endeavour of these letters to render manifest to every eye that can endure to keep itself open to the enquiry.

Against misrule, there never has been, there never can be, any tolerable security, any further than in proportion as the choice of those by whom rule is exercised, is in the hands of those who, in proportion to the enormity of the misrule, are sufferers. But with the exception of a case in which it falls as above upon their own heads and shoulders, in no shape can misrule exercise itself the Whigs are as | | shearers in the profits of it: theirs being the expectancy of that which their more prosperous antagonists are in possession. In the mean time they are, and even in possession, sharers in the channel through which that profit in proportion as it is acquired flows: viz the part they have in Saint Stephen’s. In proportion as they lost their seats, they would lose not only that prospect as above, of a share in the more tangible profits of misrule, but moreover no small share of profit in possession: profit by the sweets of that domestic tyranny, which they are thereby enabled to exercise over their neighbours; and whether in fact they do or do not exercise it, profit by the gratification, which the faculty of exercising it at any time is continually administering to their pride. It therefore is, and ever was, and ever will be, inconsistent with the nature of man, that, in a body or in any considerable proportion of that body they should be made to relinquish such shares as they respectively have in the mass of aristocratic power by any other means, than those by the force of which the British Parliament were in 1782 engaged to give up a part of the tyranny they had so long been exercising over the Irish Nation, and those by which, in 1789, the aristocratical body composed of the 80,000 French Noblesse gave up – all in one day, so large a portion of that power under the | | of which the thirty millions had for so many centuries been crushed.

Consulenda

1

Widderburn's Bill

2

L d Stanhope's list of

persecuting laws

in the '

of 1789

3

New Court's Rep ism

4

D r Watson's

pamphlet

5

Do of Grafton's

Hints.

6

Burns' Eccles. Law

7

Welsh liverys how

they come to be so

small enquire of

Parry & Poole.

8

Of D r Prior, the

general amount of

Dissenting benefices

9

Of Mr Butler

d o of Catholic - to

shew the quantum Suff c.

10

Book shewing the

Ecclesiast. polity of

Scotland

11

D o of Prussia, Denmark

- Sweden -

Geneva, Bern

12

Of L dL. difference

of Rent per acre between

Tillable lands

& Tithe free.

1

2/3 of the purchase

money may lay

on the land as

a mortgage.

2

Fetters - Tenants

for life &c many charge

the purchase money

upon the estate

3

Guardians and Trustees

of Minors may

purchase

4

Forms of conveyance

to be given

in the Act.

5

Rights of presentation

belonging to

Patrons virtute

office to lapse

to the Parishioners

on the first vacancy

of the office:Ex.g.

Chancellor & Bishops

6

A value to be

fixed for the Adraison

at so

many years purchase

of the value of the, and for

living the next presentation

at so many years

purchase

7

Bishopricks &

other Sine Cure

Benefices

at the disposal of

the Crown to be extinct

at the death

of the present possessors.

8

Money, to be received

and disbursed

by the Receivers

of the Land

Tax in each county

9

Upon the vacancy

of a Benefice the

emoluments of which

consist in a share

of an aggregate fund

as Prebend or

Fellowship the amount

of that

share to be made

a Rent-charge &

paid annually

to the crown.

10

Upon the lapse

of the greater part

in number & value

of the Co-beneficiaries

the tenements

to be part up to

sale subject to

life annuities to

the Incumbents

11

Impropriations

consisting of moduses

to be purchaseable

at any time at

the option of

person liable, at

a fixed rate

12

Profit arising

from the suppression

of Tithes

to be divided

between the Public

and the Tithe-

payer where he

occupies the land,

by his being at

liberty to purchase

at an under

price.

13

Like division

between the Land-

owner and the

Farmer, according

to the Tables to be formed

calculated

from the numbers

of years to come

of the Lease.

14

Provision to be

made where

the Land is based

on lives, & and under

let to Tenants for

years.

15

So where there

are several ranks

of Tenants.

N.B. The turn

of the seale may

be given to the

Landlord, prudently,

theirs being

the most powerful

interest.

Manorial Reform

Vexatious manorial

rights of no assignable

value to be

abolished

1. Deadends

2. Here of Custom

3. Treasure Trove.

4. Royal Fish

5. Waifs & Strays

6. Wrecks

7. Things jetsam

flotsam & ligan

Copyholds to be

infranchisable at

the option of the

Copyholder at a

fixed price