The above is the substance of this important Act, important, that is, as being the first in which a direct provision is made for the relief of poverty in Ireland. The Act is local, it is true, its operation being limited to the city and liberties of Dublin; but it recognises the principle of taxing the public for the prevention of vagrancy and begging, conjointly with the alternative of relieving the destitute—a principle universal in itself, and susceptible of universal application. The endeavour to effect these objects through the agency of workhouses, was very generally resorted to in England about this time. They had been recommended by Sir Matthew Hale, and also by Mr. Locke in his Report on the state of the poor, and the Bristol, Worcester, and other workhouses were established with a like intent,[[17]] although the employment of the inmates with a view to profit, was no doubt at the same time regarded as a collateral advantage. The direction that the poor children “found or taken up” should be apprenticed to “honest persons being protestants,” seems, as in the case of the free schools already noticed,[[18]] to indicate a desire in the framers of the measure to make it subservient to the spread of the reformed religion; but at that time the property, and nearly all the industrious occupations of the country were in the hands of protestants, so that with them alone was there likely to be an eligible opportunity for apprenticing out the children. The direction to do so was therefore superfluous, but it indicates the dominant feeling of the time. The corporation was reconstituted and its powers extended by the 1st George 2nd, cap. 27, in 1728, and ultimately the workhouse became merged in the Dublin Foundling Hospital; but as it will hereafter be necessary to revert to this point we need not dwell on it at present.
The Act passed in 1635, ‘for the suppression of cosherers and idle wanderers,’ has already been noticed.[[19]] |1707.
6 Anne, cap. 11.|In 1707 another was passed (the 6th Anne, cap. 11,) explaining and amending the former, and entitled ‘An Act for the more effectual suppressing tories robbers and rapparees, and for preventing persons becoming tories or resorting to them.’ It directs—“that all loose idle vagrants, and such as pretend to be Irish gentlemen, and will not work nor betake themselves to any honest trade or livelihood, but wander about demanding victuals and coshering from house to house among their fosterers followers and others, and also loose persons of infamous lives and characters, upon presentments of the grand juries at assizes and general quarter sessions, and upon warrant of the justices, shall be imprisoned until sent on board the fleet, or transported to some of her Majesties plantations in America, whither the justices are empowered to send them, unless sufficient security for their good behaviour be given. Many persons are moreover said to make a trade of obtaining robbery money from the country, pretending to have been robbed, “whereas they never were robbed, or were not robbed of near the value they allege, and so get money on that account which they never lost”—Wherefore it is directed that all persons pretending to be robbed, shall not only give notice thereof to some neighbouring justice, but likewise to the high constable, who is forthwith to publish the same in all the market towns of the barony.
There appears to have been another species of fraud in connexion with this |“Robbery money.”| “robbery money,” for the principal inhabitants, when applotments were made for reimbursing the persons that had been robbed, do it is said, “usually lay the whole burthen on the poorer sort, that are least able to bear it, or least able to resist or pursue the tories, and thereby they pay little or nothing themselves, who ought to be charged according to their abilities”—Wherefore the parties aggrieved are authorised to appeal to the judges of assize, who are empowered to examine into the case upon oath, and to determine the same. We thus see how apt a law, however good in itself, is to be perverted to a bad purpose. The making the county answerable for reimbursing a person who had been plundered, would seem calculated to array all the inhabitants on the side of honesty and good order; but without preventing robbery, the law in this case appears to have given rise to a fraudulent trafficking in “robbery money,” and to gross injustice in other respects. There is no other Act of the Irish parliament in Anne’s reign requiring to be noticed, but there is one in that of her successor which must not be passed over.
1715.
2 George I. cap. 17.
The 2nd George 1st, cap. 17, may be called a multitudinous Act, as it comprises a great variety of enactments, but such parts only will be noticed as bear upon our subject. It is entitled ‘An Act to empower justices to determine disputes about servants’ wages &c.’ and it recites—“Whereas several persons do refuse or neglect to pay the wages due to servants, artificers, and day labourers, and there being no remedy whereby they can in a summary way, without much charge or delay recover what is due for their service”—it is therefore enacted for the more easy recovery of the same, that any neighbouring justice of the peace or chief magistrate may receive the complaint of any such servant upon oath, and may summon the master or mistress and determine the demand, which if not paid within ten days as so determined, may be levied by distress. “And forasmuch as several servants are drunkards, idle or otherwise disorderly in their services, or waste and purloin their master’s goods, or lend the same without their master’s or mistress’s consent or knowledge, or depart their service within the time for which they had obliged themselves to serve,” it is further enacted, that on complaint upon oath of any master or mistress to such effect before any justice of peace or chief magistrate, they are to hear and determine the same, and if the offence be duly proved, may commit the offender for six hours to the stocks, or to the house of correction with hard labour for any time not exceeding ten days. It is also enacted, that on the discharge or quitting service of any servant, the master or mistress shall give a certificate in writing to that effect, “and shall in the said discharge certify, if desired, or if the master or mistress shall think fit, the behaviour of such servant;” and no servant is in future to be hired without producing such discharge or certificate of character. These enactments appear alike calculated to benefit the master and the servant class, and if fairly administered could hardly fail of so doing. They show moreover that social organization in Ireland had attained a more stable and orderly form, that its gradations were more distinctly marked and better understood, and that the duties of each were more clearly defined. We no longer see any allusion to the “Irishry” as a separate race. All are brought within the pale of the law, or it may rather be said that the law and the pale have become conterminous.
11th section. Apprenticing of helpless children.
By the 11th section of the Act provision is made for apprenticing helpless children. It commences with this preamble—“and whereas there are in almost every part of this kingdom great numbers of helpless children who are forced to beg their bread, and who will in all likelihood, if some proper care be not taken of their education, become hereafter not only unprofitable but dangerous to their country; and whereas it is hoped that many of them may be entertained in comfortable services, and others may be bound out to and bred up in useful callings, if well-disposed persons could have any fair prospect of receiving hereafter by the labour of such poor children, any return suitable to the trouble and charges they must necessarily undergo in bringing them through that state of childhood”—Wherefore it is enacted, that the minister and churchwardens shall have power, with consent of a justice of peace, to bind out any child they find begging within their parish, or any other poor child with consent of the parents, to any honest and substantial protestant housekeeper or tradesman that will entertain such child, until the age of 21, if as a menial servant, or till the age of 24, if as an apprentice to a trade. And to prevent abuse of power in masters and mistresses towards such servants and apprentices, it is further enacted that justices of peace may, on complaint of ill usage or cruel treatment examine into the case, and if the complaint appear groundless, may order reasonable correction for the servant or apprentice complaining without cause; but if immoderate severity or cruel usage be fully proved against the master or mistress, the justice is empowered to discharge the servant or apprentice from their service, and to bind him or her to some other master or mistress for the remainder of the time. We here see that the power of apprenticing out poor children conferred upon the Dublin corporation of governors and guardians of the poor,[[20]] is now extended to the minister and churchwardens of every parish in Ireland, accompanied by a like condition as to the master’s being a protestant. In this respect only is there any material difference between the present enactment, and The 39th Elizabeth, cap. 3,[[21]] with regard to apprenticing poor children, although better provision is now made for protecting them against improper treatment subsequently.
1735.
9 George II. cap. 25.
In 1735 an Act was passed for establishing a workhouse at Cork, similar in its main provisions to that which was passed for Dublin in 1703.[[20]] The present Act (The 9th George 2nd, cap. 25) however makes provision for rebuilding the cathedral church of St. Finbarry, as well as “for erecting a workhouse in the city of Cork for employing and maintaining the poor, punishing vagabonds, and providing for and educating foundling children.” With respect to the former of these provisions, it is only necessary to remark, that the money authorised to be raised by a coal-tax, was directed to be applied during the first four years to the purposes of the cathedral; and we may therefore abstain from further noticing that point, and proceed at once to a consideration of the other provisions of the Act.
Strolling beggars and vagabonds to be seized.