munity, these oppositions and evasions are to be expected, as it were, as matters of course; but when the community acknowledges the reasonableness of a measure, when it confesses that its interest is not opposed to the principle sought to be established, perhaps, even is promoted by it, surely, the force of habit takes another course, and now it acts with most victorious efficacy in favour of the power and wisdom of the legal institution. Not always; even in things indifferent, habit maintains its struggle; in words, indeed, it complies; confesses propriety, and professes submission; but, action speaks louder than words; and the evidence of action is diametrically to the contrary,. That simple and self evident propriety, the uniformity of weights and measures, is at this moment unimpeachable among our people. At first sight, nothing appears more reasonable; and it might be thought, nothing could be more acceptable, than to establish this proposal; but, how stands the fact? It was provided as far back as Magna Charta, A.D. 1215, that there should be but one uniform standard of weights, measnres, and manufactures, throughout the kingdom. Now, this grand statute is not enfeebled by any want of national sanction: it was received by the whole kingdom as a text most authoritative, and most sacred; neither did this particular provision affect any man's conscience or conviction: every individua! has acknowledged its propriety, does acknowledge its propriety; surely, then, this law is universally observed. No such thing: in a few years afterwards, (A.D. 1224, 9th Henry III.) we find a statute on the measure of the ell and of the perch, on the admeasurement of land, and on the weight of bread; two years later, another on the assize of bread and ale: again, (A.D. 1326, 1st. Edward III.) "bushels, gallons, and ells, shall be signed with the King's seal; and he that buyeth or selleth with any other, shall be amerced." -" bushells and weights shall be made and sent into every county, with officers appointed to enforce uniformity." 1339. Well, now surely, all weights and measures are completely adjusted. No: after a score of other laws, we come to 1495, 11th Henry VII, which enacts that standards or copies from the original in the King's Exchequer, should be lodged in the principal cities or towns throughout the kingdom, from which other standards for private use might be made, sealed, and marked. It would be tedious to refer formally to the statutes of Henry VIII., Queen Elizabeth, Charles 1. and II.. William, Anne, and the Georges, to the time of his present Majesty, in whose reign several acts have passed, for this purpose,-as in 1769, 1794, 1796, 1815, &c. legislative interferences, marks with inThis repetition of laws, this series of expressible strength the necessity for Parliament:-Why so? if the habits of further power of Statutes and Acts of the people had not more than enacted to the contrary, and during this long period of six hundred years had not, in law defiance; to which very law 11 common and practical usage, bid the tongue had professed unlimited defer ence, and most perfect acquiescence. Is the bushel the same measure in all our counties? Can a pound of butter be bought under the name of a pound throughout the kingdom? In some places sixteen ounces is the customary pound; in others twenty ounces; in others twenty-four. The man who orders a hundred of any thing, had need look well to his bargain; for, here a hundred is a hundred and twenty; while there it is a hundred and twelve; and elsewhere, it is ten times ten. Nay, so current were variations from the true import of terms expressing numbers, that " a baker's dozen," was a kind of proverbial expression, not meaning twelve, but fourteen: and how many is a score beyond twenty, in some businesses? In Land Measure, there is the regular Statute pole of sixteen feet and a half; and beside this, there is the Woodland pole of eighteen feet; the Plantation pole of twenty-one feet; the Cheshire pole of twenty-four feet; and again, the Sherwood-forest pole of twenty-five feet. And these varieties are in direct contravention of statute after statute, backed by the all-pervad ing authority of Magna Charta !! In later times we have seen the difficulty of obtaining the true number of families in many parishes, encreased by the apprehension of the mothers that some kind of tax was meditated which would involve their children; nor, was it, till after repeated essays, that an enumeration approaching the truth in reference to the population of our island was procured. But, to come nearer to our purpose,it is notorious that, notwithstanding the supposed Omnipotence of Parliament, the real number, and amount, and designations, of the Charitable Funds of our country, with their application, are not truly and publicly known. Under various pretences, many are concealed; under others the amount is concealed in whole or in part; under others the application is concealed; nor has Parliament been able to discover, in very many instances, the beneficial effects of the administration, or expenditure, of the sums confided, according to the intention, or will of the donor. not invariably happen that all are equally intelligent; and to preserve peace, the wiser part will often give way to their inferiors in point of understanding. Some will suppose it right to state sums in gross; others insist on stating them nett. Those who hold temporary office, willingly transfer the burden to their successors: while, these again, can give no further information than what they have received, and they satisfy themselves with the assurances of their predecessors; never doubting, but what they must know, as they have so lately gone through the office with great respectability. The reader will admit the existence of other causes of error, also; as he can scarcely fail of being acquainted with some, peculiar perhaps to his own connections. Parliament has lately been closely engaged in investigating the condition and cost of the poor. As the necessity for information beyond what was common, became undeniable, an Act was passed, directing the means to be pursued for the purpose contemplated. It The causes which produce these ir- is worth our while to bestow a few inoregularities are various. There is no ments' consideration on the results of detecting, in all cases, the manoeuvres this authoritative operation. We thereof private interest; there is no controul-fore give a place to the Questions, with ing them, and certainly not, without their previous detection; there is no possibility of enacting general laws, which shall embrace every supposable case; and to devise laws to meet each particular case, is not only hazardous but endless; and contributes to produce those contradictory regulations with which our statute book is too amply furnished; and which afford precedents not always unexceptionably adopted and applied. But, supposing that the utmost integrity were prevalent among trustees, guardians, overseers, conservators, and others, we have yet to consider the various causes of error which originate in honest mistake, misapprehension, and even zeal. Such a man wishes to give abundant information, his Return is loaded with extraneous matter; he inserts things which another deems utterly improper, and this man's Report is as scanty as the other's was redundant. Moreover, when several persons are united in the same commision, it will remarks thereon, which have been cir culated under the Act of 55 Geo. III. The reader will bear in mind, that the object sought was of leading importance, that it came home to every man, that it was not an enquiry involving matters recondite by their nature, and demanding persevering research into musty documents. It was the object of the day; the conversation of every family and every table; the public concern of every parish, it referred to accounts and proceedings which every vestry had at its command, and which every vestry clerk was bound to enter and to perfect, as a principal part of the duties of his office. In short, it was every body's business; and yet, it did not come under the usual observation "what is every body's business is nobody's business;" because, there were in every town, parish, hamlet, and village, established officers, known to the laws and the public, with other persons, who by their residence and their stations, were perfectly competent to give precise and conclusive an swers to the questions proposed: how far they accomplished this, may easily be inferred from perusal of the following communication to Parliament. WHICH QUESTIONS HAVE BEEN CIRCULATED UNDER THE ACT 55 GEORGE III. WITH REMARKS ON THE ANSWERS RETURNED TO THEM. [Ordered to be printed by the Hon. House of Commons.] 1. What is the name and description of your parish or place? and to the repair of what parish church do the inhabitants contribute out of the rates? REMARKS: Respecting the name and parochial connection of places; it has been found impossible to rely solely on the return, as received from the parish officers, and a reference therefore has been made to all preceding authorities, both to the population returns, as made in 1801, and those again made in 1811, as also to the several abstracts of poor returns of 1776, 1786, and 1803: relative to that part of the above question, towards the repair of what parish church the inhabitants contribute from the rates: it is to be understood that all parishes, townships, hamlets, &c. contribute to the repair of the parish church only which bear their names, or to which they belong, unless otherwise expressed by note, and that this question has been most particularly useful in ascertaining the parish wherein such hamlets, tythings, or townships, are situate. 2. What was the total amount of money raised within the several years, ending Easter 1813, 1814, and the 25th day of March 1815, by poor's rates, and any other rate or rates? not including the churchwardens' rates, which is made distinct and separate by the churchwardens in each parish, and the account thereof kept by themselves; many applications of inquiry upon the subject have been made, and in those instances a proper explanation has been given, and the returns corrected accordingly. Where a parish is divided into many hamlets, &c. each hamlet having its separate surveyor and separate rates, the overseers of the parish have no means of including those rates in their parochial accounts. In very few instances does it appear that the pa rochial rate for watching, lighting, and cleaning the streets of populous towns or parishes, is included in the answer to this question, the management of which rate being generally (by local acts for that purpose), vested in the power of commissioners or other officers totally independent of parish officers, and of which no account has been received from the overseers. 3. What was the total amount of money expended in those years respectively, for the maintenance and relief of the poor? REMARKS:-A cousiderable difference of opinion seems to have prevailed amongst the overseers respecting the parochial items to be included in answering this question; as some have inserted in the amount, only such sums as have actually been expended in furnishing provisions and clothing for the poor, together with sums paid for permanent or occasional relief; entering all other sums, such as building workhouses, repairs, and incidental expenses attending the maintenance of the poor, in the an swer to the 6th question; whilst others have included all such expenses under one head, viz. maintenance of the poor. 1 4. What was the total amount of money expended in those years respectively, in suits of law, removal of paupers, and expenses of overseers or other officers employed therein? REMARKS:-Under expenses of overseers or other officers, is included the com REMARKS:-This question requiring all other rate or rates to be included with the poor's rates, consequently embraces the highway rate: which rate however has, in many instances, been omitted, not only oumission or poundage allowed to the collecaccount of a separate return being called for under schedule (B.) of the same Act, by which it was supposed by many not intended to be inserted in the second column, but from the observation of many parishes, that the highway rate is made up and settled either at Michaelmas or Christmas, and therefore in the year 1815 that rate has in many instances not been included; also, | several of the overseers have imagined that this question related only to such rates as had passed through their own hands, ❘ tors for their trouble, being generally at the rate of 3d. in the pound upon the total amount collected; making a very considerable deduction from the proceeds of the rates of large towns and populous parishes, where the rates are seldom collected by the overseers themselves, as is the custom in agricultural villages, &c. In the co lumn in answer to this question, also, is included, in very many instances, the defalcation of such collectors, which sometimes arises to a considerable amount. 5. What was the total amount of money | monies raised according to the 2d question expended on militia charges; distinguishing have far exceeded the total expenditure; expenditure for the maintenance of the wives which may also be accounted for by ba and children of any militia men, from any lances in baud, and carried on to the credit of the succeeding account, so that the other militia charges? total amount, as specified in the 7th column, does not always agree with the amount of the columns 3, 4, 5, and 6. REMARKS: The answers to this question appear only to apply to the old or regular militia, although a very considerable expense was incurred to parishes in the years 1813 and 1814 on account of the local militia; and, in populous towns, the expense thereof was defrayed by a special rate made and collected for that purpose, exclusive of the usual rates from whence the wives and families of the old militia were paid. 6. What was the total amount of money expended in those years respectively, for all other purposes except those expressed in the two last questions; including herein any church rate, county rate, highway rate, &c. &c.? 8 & 9. What was the number of persons relieved from the poor's rates permanently throughout the several years; and what was the number of parishioners relieved occasionally in the several years respectively ? REMARKS: Very little reliance can be placed upon the accuracy of the returns to these questions, the greater part of the count has been kept of any such numbers overseers having stated, that no regular ac 10. What is the number of members in Friendly Societies, which hold their usual meetings in your parish or place, including members not belonging to your parish or place, as well as those belonging to it? so relieved, but their accounts of the amount of disbursements are sworn to from time to time; also, the return for the parish of St. George, Southwark, in answer to question 9, expressly states that the number of perREMARKS:-The returns in many insons relieved, and therein inserted, were stances have stated, in answer to this ques-inferred, that many other returns have innot parishioners, and it may be therefore tion, that the highway expenses were left serted similar numbers, but without making out, and for the county of Hereford gene- any note of it. rally so. A considerable item, in the column auswering this question, arises from the payment of interest, or re-payment of money borrowed for various parochial purposes, particularly for building houses of industry, &c. for such parishes as were incorporated, for the maintenance of their poor, under local acts. And under this head are sometimes included the salaries of parish officers, as well as commission al. lowed for the trouble of collecting rates under similar circumstances with the remarks made upon question 4, under expenses of overseers and other officers. The amount of money expended for watching, lighting, and cleansing the streets of populous towns or parishes, have in very few instances been included under this head; the management being generally under commissioners independent of parish officers.-Vide remarks to question 2. 7. What was the total amount of Money expended in those years respectively? REMARKS:-The returns, in replying to this question, appear to be very incorrect, many hundreds of them having been forwarded without any answer to it, in the first instance, and after being returned for correction, were again sent back very imperfect; and, in many, noticing only one member in such society, having apparently mistaken the question as applying to number of societies instead of members; and many of the parish officers have observed, that the stewards or clerks of societies have absolutely refused to give any account of the number of members contained in such societies. 11. What is the average annual amount REMARKS: It will be observed, that this or produce of charitable donations; (whether sum in many returns exceeds the amount of arising from land or money,) which have monies raised by the different rates, but been given by deed or will for the benefit of this may be accounted for by persons, al- poor persons within your parish, township, or though in the workhouse, having small in-place, and which are managed by the miniscomes, and the labour and earnings of the ter, churchwardens, and overseers, or by any poor, payment for bastardy,-forfeits for not taking apprentices, &c. not being of them; distinguishing such donations as brought into the account. And again, in are applicable to the maintenance of parish other instances it will be found, that the schools? stract of returns of charitable donatious REMARKS:-This question has been very | the highest authorities in the state; imperfectly answered, and in many instances reluctantly so; indeed, places have not made any returns to it whatever, although charitable donations to a considerable amount have been noticed in the abfor the benefit of poor persons, as taken under the Act of 26 Geo. III. A.D. 1786. It has even been observed in some of the letters accompanying the returns, that considerable alarm existed lest Government should take the management or control of all charitable donations. 12. Is there any hospital, almshouse, school, or other permanent charitable foundation within your parish, township, or place, which is not under the management and controul of the minister, churchwardens, and overseers, or any of them? REMARKS:-The answers to this have also been very imperfect and unsatisfactory, for the same reasons as those to question 11, of reluctance on the part of the trustees or other persons having the management of such charities; and from the parish officers having no power to enforce answers to the question. and many of them of the most simple nature. It might be thought, for instance, that the name and description of a place could not be unknown to the officers of that place, nor could it be difficult to ascertain; yet the remarks complain of the insufficiency of the returns, and notice the necessity for recourse to other authorities. The difficulties arising from the different manner of keeping accounts, from the termination of the parochial year at different periods, from the dissimilar views taken of their duty by the Parish Officers, &c. cannot fail of being noticed by the reader, together with the difference in management demanded by populous towns, where all the inhabitants dwell together, and by agricultural districts, where dwellings and residences are at considerable distances. It will strike the least considerate mind that a legislature called to enact regulations under all these uncertainties, cannot possibly be free from risque of error. Surely those expect too much 15. In case it should be requisite to ask from the gentlemen to whom they conany explanation of your answer to any of the fide their concerns, who make them reabove questions, in what manner should a let-sponsible for all the consequences of ter of inquiry be directed to you from the laws; who, too often, reflect on laws as merely made to be amended and resecretary of state? pealed. REMARKS: The overseer or other parish officers having failed to comply with this requisition, has prevented many of the returns which were forwarded in an imperfect state, often being sent back to the same officer for correction or explanation; and several of the deficiencies of various counties arise from those having been so sent back and not since returned, although applications have been made, but without effect both from the secretary of state and by the clerks of the peace. 14. Are there It might be observed too, that this is a domestic concern; apparently within the means of the very Representatives who have sanctioned the purposes intended, and have studied the means to execute them. There are not here, as there are in intercourse with foreign powers contradictory courses of politics to contend against, rival interests to be reconciled, jarring dictates of ambition, personal and national, to be harmonized, &c. &c. matters which any think it necessary to remark in explanation of before any considerable effect can be your answers to any of the preceding ques-tics can be struck. The candid wi! make realized, or any master stroke in poli tions? you REMARKS:-The observations in reply to this question are not numerous, but such as have been in any degree explanatory or useful, have been inserted amongst the marginal notes of their respective parishes or places. Such are the results arising from the answers to these questions, proposed from allowances for these, as well as for embarrassments personal to statesmen, in common with other mortals; and instead of wondering that public men are sometimes wrong, they will rather perhaps wonder that they are ever right. The following abstracts well deserve a place in our pages. |