The Orphans Court.
The poore I thus distinguish into three sorts: • 1 Sturdy Rogues and Whores. , • 2 Blinde and Lame. ,
and • 3 Aged and Young.
FIrst I beginne with the sturdy Rogue and Whore, and here for these there be23. Eliza. 3▪ cap. 7.34. E, c, 1.7. R. 2. c. 5.12. R. 2. c. 7.11. H. 7. c. 2.19. H. 7. c. 12.22. H. 8, c. 12.27. H. 8. c. 25. 1 E. 6. c. 3.3. E. 6. c. 5. E. 6. c. 2.2. & 3. this and many, c. 5, 5. El. c. 3. all which are expired or repealed: & 14. El. c. 5.18. El. c. 3.39. El. c. 4. & 1. lac. cap. 7 vet in force. many good lawes enacted, but few put in execution; and for these are appointed Marshals, and Beadels. But when a Marshalls eyes be not in all places, or his men will scarce look to any, then these vermine increase; and where these are sturdy, that an old creeping Beadel must intreat for feare of knockes, then no Constable being so bold as hee ought, for feare hee be counted a busie fellow, then they get mastery and domineere, and I know no remedy for these but two, the one a labouring prison, or house of correction the other the Gallowes, and there I thinke it fittest to leave them, being people not worth the speaking of.
The second sort I come to, be the blinde and lame, these are suffered to beg, and good reason,18 El. c 3 and the other fore quoted natures inhibit any to beg but there ought to be no begger but if any be priviledged, then well may these, but none may be priviledged, Ergo, therefore it were more fit for the blinde, to be otherwise provided for, and for the lame, those that have lost the use of their hands to be provided for, those that have lost their feet, their hands may be made to supply that defect, by divers kindes of workes: as Net-making, Saile-making, and such like for men. The women may Card and Spin, but that is out of fashion, a baudy [Page] Ballade, or an idle Song are these idle peoples greatest paines, where they make many more idle than themselves, and there I leave these idle people, who might be better imployed, if they were better looked unto.
The third sort be those, which of purpose this Tract was written for, these be those that I desire you in office, and in whose power it lies, to looke with their eyes, and pitty with their hearts these poore wretched miserable wretches, those who have neither father nor mother, no, nor any friends, those that want wit, reason, and are not come to understanding, those whose yeeres speake not discretion, nor have wit to helpe themselves, and those be they that make blood drop from my heart, whilest my pen cannot expresse their misery, those of whom Cheapside stalls, and doores, and porches, and S. Bartholmewes benches, with Smith field, and other corners be witnesses, to their griefes whose eyes if they stirre abroad doe not see these poore younglings, lame, lowsie, ragged, and almost starved, whilest each haire of their heads stand staring in the viewers face, as amazed to see so many not once moved with pitty to care for them.
These swarme in Summer at the Brickhils and Play-house doores, which houses are the Nurses of many of these miserable wretches, these being many are cast off by wicked parents, or being placed out to apprentize by the Parish, or put to Masters, are cast off from one to another, so if the Parish never heare of them againe, but be rid of them they are safe; and if the Nunses get but a piece of money, they are safe, and glad they can so be rid of them; this might be redressed by the Masters of the Parish, if they would every three moneth have the children brought to a Vestry, to see how they were provided for, but because there is no better provision for them, I could wish there were some course taken, as these few I will propound, viz. The Parish might take such course, as to call all the poore children, and take a view and number of all, and as they come to ability, to set out, as namely, by these, or such like meanes.
[Page] Every Ship being of burden 200. Tuns, should employ two or three boyes.
Every Coale-ship trading to London from Newcastle to take one.
Every Parish might raise out of the Parish a stocke so to employ them, untill they grow to some stature, then to be sent to the Plantations, to some carefull Master there, and they to give a true account of the children, how, and in what estate they be with them.
Every ship that goes to Virginia to carry sixe boyes and sixe girles, every one to carry the like to New England, and so to our other plantations, and the Parish to pay their passage, and at their arivall there, hee that takes them into custody or service, give bond to pay the charge of their fraught and costs thither to the Parish here at twelve moneths end backe, which they would doe with thankes, so they might have them but sixe yeeres apprentize; now some demand, where shall money be raised to send them away? for that I answer, the money at the Inquest yeerely, may be better so employed then to banquetting, and the great feast money may be better spared this waies than worse spent.
For this many more and better, courses may be taken, which I leave to better judgements, for this I know were there but a Stocke, raised to transport them thither, the Stocke would be kept whole by those that take them to be their servants, by returne of commodities for them, for our Lawes they bee good in this kinde, if they were but well executed: as for example, the 22. of Henry the 8.
22. Hen. 8. c. 12. and 27. H. 8. c. 25. There were acts made for the reliefe of aged and impotent persons unable to worke, and for Collections to be made for such: which acts prescribe severe punishments against vagabonds and sturdy beggars able to worke.
1. Edw. 6. c. 3. There was an Act passed for the punishment [Page] of vagabonds, and the reliefe of the poore and impotent persons; whereby it was enacted that Collections should be made in every Parish, for the impotent poore of that Parish: that those who were aged and lame should be set to such worke as they were able to performe, every Towne, Parish, or village providing such worke for them in common, as they might be occupied in, or appointing them to such as will finde them worke for meate and drinke. And by this Law, it was provided, that all children under yeeres of age, whether Male or Female that wandred abroad by themselves, or with their parents, or others, might be seized upon, and taken away from their parents, by those who would bring them up in some honest labour, or occupation, till they came to twenty yeares if Females, and foure and twenty yeeres of age if Males: And by this Act, the Major of the Citty of London, and all other Majors, Bailiffes, Sheriffes, Constables, and other head Officers of every Cittie and Towne corporate, are enjoyned once every moneth to make a view and examination of all aged, impotent, and lame persons and beggars within the precinct of their jurisdiction, to see those that were lame, and had lyen there above the space of three whole yeeres, sufficiently provided for, and to send all others home to the places where they were borne, &c. upon paine of forfeiting 40. shillings for every default.
See 5. Edw. 6. c. 2. and 3. Phil. and Mar. c. 5.5. Eliz. c. 3.14. E. c. 5.18, El.c. 3.39. Eliz. c. 4.5 5.43. Eliz. c. 2.3.4. There were divers good Lawes enacted for the reliefe of poore, impotent, aged, maimed, and decrepit persons; and good provisions made for poore Orphans, and children too, which are to be bound, and placed out to husbandry, or some other honest trade and labour; or to be set on worke upon a common stocke, or be trained up in Hospitalls, till they are fit to be apprentizes, &c. which Lawes, if they were as carefully executed, as they were [Page] piously made, no Orphans, nor other neede complaine, I am sure never any should perish in the street for want of looking to, which is onely the fault of Officers, not of the Lawes, which are no way defective, either in inflicting some condigne punishment upon vagrant sturdy beggers, who refuse to worke, or in providing for the reliefe of Orphans, and poore impotent persons who are unable to labour.
- 1 The Overseers of the poore of every Parish appointed purposely by the Law, to see the impotent, poore, and Orphans duly relieved, ought every weeke to enquire what poore there are in their parishes, and to allot them a competent allowance according to their necessities.
- 2 These Overseers should weekely enquire how these Orphans and impotent persons, which they place out to others are provided for, and to examine whether they have food sufficient allowed them, and in case they finde them with whom they are placed, negligent in providing for them, or in suffering them to stray abroad, and so to perish, or miscarry, to complaine of them to the Magistrates who have power to inflict such punishments on them, as the quality of their offence demerits.
- 3 Those chidren that are of age and strength to worke, ought to be bound out to some trade or other, or else set to worke upon some common parish stocke, of which the Overseers of the poore for the time being, or some others deputed by the Parish, should have the mannaging and government, appointing every child to that worke hee is fit, and setting some Master worke-man over them who should instruct them.
- 4 The Constables, Overseers of the poore, and Beadells, especially if they see any such poore Orphans, or children, or other impotent persons, begging, playing, or loytering in the streetes, should presently examine them what they are, and where they live: If in another Parish they should presently convey them thither, and acquaint the Overseers of the poore, or Constables with them, that so it might keep them & provide [Page] for them if neede be according as our lawes prescribe. If their owne parish, if they are poore and neede reliefe, they are forthwith to take care for their supply and education, and in case they are fit for any worke or emploiment, to set them to that they are able to performe, and to traine them up or place them out to such who will bring them up to some honest labour.
- 5 When such Orphans and poore children are thus placed out apprentises, the Overseers and such as binde them out apprentises, and their successors, or at leastwise the Overseers of the parishes, or Masters, or Alderman of the severall ward, where they are placed, ought, and may monethly enquire, how they are used by their Masters, whether they allow them competent food and raiment, while they keepe them to their work, and give them that which is fit for Christians, or persons of their age and quality: whether they keepe them in their service, or else turne them away without just cause, (in all or some of which many Masters are often delinquent) And in case they find them pervert, to complaine against them for it, that so they may be punished in a just and legall manner.
And if all Overseers of the poore, Constales, Beadles and under Officers would be but thus diligent in their places, or if superiour Magistrates would but punish them severely, as our lawes appoint, where they finde them negligent in their duties, wee should quickely have no begging, no perishing, nor complaining in our streets.