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gain no settlement; neither by apprenticeship; nor by service;
nor by giving notice; nor by paying parish rates; that they can
settle neither apprentices nor servants; that if they become
chargeable; it is certainly known whither to remove them; and the
parish shall be paid for the removal; and for their maintenance
in the meantime; and that if they fall sick; and cannot be
removed; the parish which gave the certificate must maintain
them: none of all which can be without a certificate。 Which
reasons will hold proportionably for parishes not granting
certificates in ordinary cases; for it is far more than an equal
chance; but that they will have the certificated persons again;
and in a worse condition。〃 The moral of this observation seems to
be that certificates ought always to be required by the parish
where any poor man comes to reside; and that they ought very
seldom to be granted by that which he proposes to leave。 〃There
is somewhat of hardship in this matter of certificates;〃 says the
same very intelligent author in his History of the Poor Laws; 〃by
putting it in the power of a parish officer to imprison a man as
it were for life; however inconvenient it may be for him to
continue at that place where he has had the misfortune to acquire
what is called a settlement; or whatever advantage he may propose
to himself by living elsewhere。〃
Though a certificate carries along with it no testimonial of
good behaviour; and certifies nothing but that the person belongs
to the parish to which he really does belong; it is altogether
discretionary in the parish officers either to grant or to refuse
it。 A mandamus was once moved for; says Doctor Burn; to compel
the churchwardens and overseers to sign a certificate; but the
court of King's Bench rejected the motion as a very strange
attempt。
The very unequal price of labour which we frequently find in
England in places at no great distance from one another is
probably owing to the obstruction which the law of settlements
gives to a poor man who would carry his industry from one parish
to another without a certificate。 A single man; indeed; who is
healthy and industrious; may sometimes reside by sufferance
without one; but a man with a wife and family who should attempt
to do so would in most parishes be sure of being removed; and if
the single man should afterwards marry; he would generally be
removed likewise。 The scarcity of hands in one parish; therefore;
cannot always be relieved by their superabundance in another; as
it is constantly in Scotland; and; I believe; in all other
countries where there is no difficulty of settlement。 In such
countries; though wages may sometimes rise a little in the
neighbourhood of a great town; or wherever else there is an
extraordinary demand for labour; and sink gradually as the
distance from such places increases; till they fall back to the
common rate of the country; yet we never meet with those sudden
and unaccountable differences in the wages of neighbouring places
which we sometimes find in England; where it is often more
difficult for a poor man to pass the artificial boundary of a
parish than an arm of the sea or a ridge of high mountains;
natural boundaries which sometimes separate very distinctly
different rates of wages in other countries。
To remove a man who has committed no misdemeanour from the
parish where he chooses to reside is an evident violation of
natural liberty and justice。 The common people of England;
however; so jealous of their liberty; but like the common people
of most other countries never rightly understanding wherein it
consists; have now for more than a century together suffered
themselves to be exposed to this oppression without a remedy。
Though men of reflection; too; have sometimes complained of the
law of settlements as a public grievance; yet it has never been
the object of any general popular clamour; such as that against
general warrants; an abusive practice undoubtedly; but such a one
as was not likely to occasion any general oppression。 There is
scarce a poor man in England of forty years of age; I will
venture to say; who has not in some part of his life felt himself
most cruelly oppressed by this illcontrived law of settlements。
I shall conclude this long chapter with observing that;
though anciently it was usual to rate wages; first by general
laws extending over the whole kingdom; and afterwards by
particular orders of the justices of peace in every particular
county; both these practices have now gone entirely into disuse。
〃By the experience of above four hundred years;〃 says Doctor
Burn; 〃it seems time to lay aside all endeavours to bring under
strict regulations; what in its own nature seems incapable of
minute limitation; for if all persons in the same kind of work
were to receive equal wages; there would be no emulation; and no
room left for industry or ingenuity。〃
Particular Acts of Parliament; however; still attempt
sometimes to regulate wages in particular trades and in
particular places。 Thus the 8th of George III prohibits under
heavy penalties all master tailors in London; and five miles
round it; from giving; and their workmen from accepting; more
than two shillings and sevenpence halfpenny a day; except in the
case of a general mourning。 Whenever the legislature attempts to
regulate the differences between masters and their workmen; its
counsellors are always the masters。 When the regulation;
therefore; is in favour of the workmen; it is always just and
equitable; but it is sometimes otherwise when in favour of the
masters。 Thus the law which obliges the masters in several
different trades to pay their workmen in money and not in goods
is quite just and equitable。 It imposes no real hardship upon the
masters。 It only obliges them to pay that value in money; which
they pretended to pay; but did not always really pay; in goods。
This law is in favour of the workmen: but the 8th of George III
is in favour of the masters。 When masters combine together in
order to reduce the wages of their workmen; they commonly enter
into a private bond or agreement not to give more than a certain
wage under a certain penalty。 Were the workmen to enter into a
contrary combination of the same kind; not to accept of a certain
wage under a certain penalty; the law would punish them very
severely; and if it dealt impartially; it would treat the masters
in the same manner。 But the 8th of George III enforces by law
that very regulation which masters sometimes attempt to establish
by such combinations。 The complaint of the workmen; that it puts
the ablest and most industrious upon the same footing with an
ordinary workman; seems perfectly well founded。
In ancient times; too; it was usual to attempt to regulate
the profits of merchants and other dealers; by rating the price
both of provisions and other goods。 The assize of bread is; so
far as I know; the only remnan