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wealbk01-第48章

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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
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