TWO:The workhouse test, then, operated powerfully in keeping down pauperism; but another cause came into operation still more influential, namely, the Law of Settlement. By the Act 13 and 14 Charles II. a legal settlement in a parish was declared to be gained by birth, or by inhabitancy, apprenticeship, or service for forty days; but within that period any two justices were authorised, upon complaint being made to them by the churchwardens or overseers, if they thought a new entrant likely to become chargeable, to remove him, unless he either occupied a tenement of the annual value of ten pounds, or gave sufficient security that he would indemnify the parish for whatever loss it might incur on his account. And by a subsequent Act, 3 William III., every newcomer was obliged to give notice to the churchwarden of his arrival. This notice should be read in church after divine service, and then commenced the forty days during which objection might be made to his settlement. In case of objection, if he remained it was by sufferance, and he could be removed the moment he married, or was likely to become chargeable. A settlement might also be obtained by being hired for a year when unmarried or childless, and remaining the whole of that time in the service of one master; or being bound an apprentice to a person who had obtained a settlement. The effect of this system was actually to depopulate many parishes. The author of a valuable pamphlet on the subject, Mr. Alcock, stated that gentlemen were led by this system to adopt all sorts of expedients to hinder the poor from marrying, to discharge servants in their last quarter, to evict small tenants, and pull down cottages; so that several parishes were in a manner depopulated, while[363] England complained of want of useful hands for agriculture, for manufactures, and for the land and sea services.It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."
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TWO:Fox was very indignant, and made no scruple of attributing the conduct of the king, not to mere report, but to fact. "There is," he said, "a written record to be produced. This letter is not to be put in the balance with the lie of the day;" whereupon he pulled from his pocket a copy of the note said to have been written by the king to Lord Temple. When he sat down, Mr. Grenville rose and stated that he had taken down the words read as the king's note, and had shown them to his relative, Lord Temple, who had authorised him to say that such words had never been made use of by him. But Fox demanded whether Lord Temple had not used words to that effect, and Grenville was silent. Fox continued in a very fierce strain, denouncing back-stairs lords and bedchamber politicians, and declared that the best-meant and best-concerted plans of Ministers were subject to the blasting influence of a villainous whisper. He added that he could not continue in office any longer consistently either with his own honour or the interests of the nation. He felt that he was goaded to it, and upbraided for not resigning instantly; but a very honourable majority of that House stood pledged to a great measure, and Ministers were equally bound not to abandon the affairs of State in the midst of so much anarchy. These last words, and the division, which was nearly two to one in favour of Ministers, left it doubtful, after all, whether Fox and his colleagues would resign. As such language, however, could not be used by Ministers with impunity, and a dissolution of the Cabinet was probable, Erskine moved a resolution, pledging the House to persevere in the endeavour to remedy the abuses in the government of India, and declaring "that this House will consider as an enemy to this country any person who shall presume to advise his Majesty to prevent, or in any manner interrupt, the discharge of this important duty." All strangers were excluded, but it was ascertained that the motion was severely censured as an invasion of the king's prerogative; yet the resolution was carried by one hundred and forty-seven votes against seventy-three.