A SHORT SKETCH OF TEMPORARY REGULATIONS, &c.
[]FRANKPLEDGE.
THE moſt certain and effectual mode of ſecuring peace, right, and mutual protection, for any community, is the old Engliſh ſyſtem of mutual Frankpledge, or free ſuretyſhip, given by all the houſe⯑holders, for themſelves and each other, in exact numerical diviſions of tens and hundreds; which, in the Engliſh law⯑books, is called "Maxima ſecuritas"—"the greateſt ſecurity," though it is now unhappily neglected, and conſequently crimes abound and increaſe; ſo that, [2]notwithſtanding the horrible increaſe alſo of bloody laws to intimidate offenders, yet there is no effectual ſecurity from vio⯑lence and robbery, either in our ſtreets or roads, or even in our chambers; ſince the houſes of the rich and great, nay of the firſt officers of the ſtate, are not ex⯑empted from the nocturnal intruſion of houſebreakers, inſomuch that even the Lord Chancellor and Honourable Speaker of the Houſe of Commons have lately experienced the common danger, and the deplorable want of the antient "Maxima ſecuritas." That funda⯑mental ſyſtem of Engliſh polity is ſo little known among us at preſent, that many well-meaning perſons are induced, by their fears, to wiſh for ſecurity, on a much leſs eligible plan, formed on the model of the arbitrary ſyſtem of govern⯑ment in France, commonly called police, the introduction of which would be an utter perverſion of the firſt principles of [3] legal government in England. The inha⯑bitants even of the moſt diſtant ſettle⯑ments under the crown of Great-Britain muſt not adopt any polity that is eſſen⯑tially inconſiſtent with the Maxima ſecu⯑ritas, ordained and required by the common law of England.
The community of free African ſet⯑tlers, however, have already adopted (as I am informed) a ſmall variation from the old Engliſh model of numerical di⯑viſions, by forming themſelves into di⯑viſions of dozens, inſtead of tithings or tens; but as this little change is by no means inconſiſtent with the true princi⯑ples and intention of our legal Engliſh frankpledge, I am at liberty to acknow⯑ledge a moſt hearty approbation of it, as being an arrangement far more con⯑venient and effectual for ſecuring perfect ſubordination, peace, and good govern⯑ment, even than the antient legal divi⯑ſions [4]into tens or decenaries, becauſe each dozen will have one chief or headborough, and one aſſiſtant headborough, to govern and lead a compleat complement of ten deciners; ſo that the diviſion may ſtill with propriety retain the old legal name of a tithing or decenary; and the hundred diviſion may be rendered literally and ſtrictly an hundred families, by appoint⯑ing one hundreder, two chiefs of fifties, and one town clerk (or clerk of the hundred) over every eight dozens; whereby the legal hundred, in its civil capacity (for the maintenance of peace, juſtice, and common right, according to the firſt principles of our conſtitutional polity, the moſt effectual for all the purpoſes of good government) will conſiſt of— [5]
- 1 Hundreder, or centurion *,—
- 2 Chiefs of fifties—ſuperior conſtables, and preſiding juſtices in the weekly Tithing-courts 2;
- 1 Town-clerk, or Clerk of the hun⯑dred ‡,
- 8 Headboroughs being conſtables in ordinary.
- 8 aſſiſtant Headboroughs or conſta⯑bles extraordinary.
- 80 Deciners—maſters of families or houſeholders §, viz.
- 100 Houſeholders in all, who muſt [6] equally contribute to ſupport all the burthens of the ſtate, and of courſe muſt be entitled to an equal voice in the "common council," or parliament, of their ſettlement; which on the African coaſt is called Palaaver; and if the whole body of houſeholders ſhould hereafter, by God's bleſſing, become too numerous for a perſonal attendance in their common council they will be all equally entitled to elect a proper number of deputies from their reſpective diviſions to repreſent them in the ſupreme council; and that, in a due and equal proportion to their numbers; for otherwiſe their repreſenta⯑tion would be rendered moſt banefully deluſive and corrupt!
[7]And in a military capacity the ſame hundred houſe⯑holders will form a corps of militia conſiſting of
- 1 Captain
- 2 Lieutenants
- 1 Muſter maſter and commiſſary
- 8 Serjeants
- 8 Corporals
- 80 Milites or men of arms
Amounting altogether to 100 free militia men or armed de⯑ciners.
To theſe muſt alſo be added the ſons, apprentices, and in⯑dentured ſervants of the deci⯑ners, viz. all the males of 16 years of age and upwards, who by the common law are required to be armed, and of courſe to be diſciplined in the uſe of arms. The average of males above 16 years of age may be ſtated, I believe, at three to each family, includ⯑ing all the perſons above de⯑ſcribed: ſo that in a few years, if the ſettlement ſuc⯑ceeds, there may probably be added to the 100 armed de⯑ciners at leaſt 200 Privates or rank and file.
In all 300 militia men in each hundred diviſion, a corps that may be rendered ſufficiently effectual to ſupport the executive juſtice of a free, legal government, within any extent of [8]land which an hundred families can fairly occupy, and amply ſufficient to ſupply a roſter or rotation of very eaſy ſervice in the neceſſary watch and ward of the ſettlement.
N. B. This average number of males would be rather too large, were not ap⯑prentices and indentured ſervants in⯑cluded; but in a new ſettlement, where ordinary labour is chiefly wanted, there is a great probability that the indentured ſervants will far exceed the number I have eſtimated.
WATCH AND WARD.
[9]Rotation.—Exerciſe.—Diſcipline, preſerved by Fines of Labour.—Watch Duty of Indentured. Servants to be allowed and deducted from the Term of their Indentures.
THE hundred deciners ſhould ſerve, three at a time at leaſt, with ſix privates, in due rotation, as the nightly guard of the hundred diviſion; which guard being divided into three parties of one deciner and two privates each, one party may patrole, whilſt the other two are ſta⯑tioned at the gate-houſe, or watch⯑tower, alternately watching and reſting every four hours; but the patroling and watching party muſt relieve each other every two hours, until it is their turn to reſt four hours in the inner guard room; by this means the watch duty may be [10]rendered very eaſy and equal to all ranks of perſons in the hundred; and even if the captain and four of the oldeſt de⯑ciners, together with eight of the youngeſt privates be excuſed the nightly duty, the rotation of this eaſy ſervice to each individual will be only once in thirty-two nights, viz. leſs than twelve nights in a year, which cannot interfere with their ordinary employments: but for the ſake of keeping up proper diſci⯑pline, triple the number ought to aſſem⯑ble in rotation, every evening and morn⯑ing, to ſet and to diſcharge the guard, after the performance of a ſhort military exerciſe all together, under the inſpec⯑tion of the captain, or one of the lieute⯑nants, (being previouſly trained or drilled in ſmall ſquads under the inſpection of their reſpective ſerjeants) and this at⯑tendance may be rendered perfectly equal and regular to all ranks, by a proper roſter of ſervice, duly diſtinguiſhing the [11]courſes of Watch and Ward from the rotation of attendance for mere exer⯑ciſe.
Want of punctuality in muſters, or abſence, ſhould be puniſhed in propor⯑tion to the time loſt, by equal fines on all ranks of men, eſtimated at ſo many days or hours labour (as hereafter ex⯑plained) towards the ſupport of the public Exchequer.
Diſobedience of orders on ſervice, and inattention or careleſſneſs in exerciſe, and all ſuch other miſdemeanors, ſhould be likewiſe puniſhed by fines of labour for publick profit.
The watch duty of an indentured ſer⯑vant ſhould be rewarded by a deduction of one day's ſervice from his indentures for each night that he attends on mili⯑tary [12]duty, which will encourage his vigilance, and win his attention to the intereſts of the ſettlement; and by his being entered on the ſame roſter with the whole body of deciners, and by ſerv⯑ing in due rotation with them, he will ſoon perceive the facility and happineſs of becoming a deciner himſelf, by proper diligence in fulfilling his contract of la⯑bour; eſpecially as the regulations, here⯑after to be mentioned, will inſure him from the impoſition of more ſervice than is due, and from the fraud or oppreſſion of an unjuſt maſter; and he will acquire ſtill further ſecurity by being known, and by becoming acquainted with other deciners (beſides his maſter) in the mi⯑litia ſervice.
FREE LABOUR.
[13]Free Labour to be the Standard or Medium of Traffick inſtead of Caſh.—Times of Labour (publick or hired) to be general and uniform.— Evening Prayer and the Advantages of it.— Limitation of Labour per Day to eight Hours.—Six Hours on Saturdays.—That the People may attend the Courts and Folkmotes to improve their Decernment of Good and Evil.
HUMAN Labour is more eſſential and valuable than any other article in new ſettlements, which chiefly depend on the cultivation and produce of the earth for their ſubſiſtence and commer⯑cial profit. On this account, though the price of proviſions is generally lower in new ſettlements than in communi⯑ties of long ſtanding, yet the price of Free Labour is always much higher; and higher ſtill, or rather infinitely more [14]expenſive (however ſlaveholders may reckon) is the labour of ſlaves, beſides the abominable injuſtice, the corruption of manners, the danger, and other curſes, which always attend the tolera⯑tion of ſlavery! Free labour, therefore, in all new ſettlements, ought to be made the ſtandard, or medium, whereby to rate the value of all the neceſſaries of life, as well as of all articles of com⯑merce in the ſettlement: a cow, ſheep, or hog, or a buſhel of corn, ſhould each be valued at a proportionable number of day's labour, eſtimated at eight hours actual labour per day; and a pig, rabbit, or fowl, at ſo many hours labour, ac⯑cording to their reſpective ſizes; and for the fractional eſtimation of ſmaller arti⯑cles, the hours may be reduced to minutes, and thereby afford an excellent ſubſtitute for money as a medium of traffic and exchange, whereon a paper currency may be eſtabliſhed, which will [15]always bear an intrinſic value, without diminution, as hereafter explained under the head of Publick Revenue.
The daily commencement of publick labour and of hired labour, and all the neceſſary ceſſations from labour for reſt and refreſhment, ſhould be limited to ſtated periods of time, rendered uniform and general, throughout the ſettlement, by the periodical ſummons of a publick bell, as in our dock yards and great ma⯑nufactories, for the more effectual pre⯑vention of impoſition by the employer or employed.
By the limitation of labour to eight hours per day, the rateable or legal days work (inſtead of continuing from ſix in the morning to ſix in the evening, as with us) will end at four in the after⯑noon, including two whole hours for neceſſary refreſhment and reſt; unleſs it [16]ſhould be thought more convenient in general to begin at five in the morning, and to work three hours till eight, and then, after reſting half an hour at break⯑faſt, to work three hours and an half more till noon, when a moderate and temperate meal, ſuitable to the heat of the climate, may be rendered more re⯑freſhing and healthful to the labourer by a general ſeſtoo, or ſleeping time, during the meridean heat till half paſt one; which reſt of one hour and an half, at one time, will be amply ſufficient to recruit them for the remaining burthen of the rateable labour, or legal day's work, viz. one hour and an half more, ending at three o'clock in the afternoon, when the evening of the antients com⯑menced, and the appointed hour of even⯑ing ſacrifice in the patriarchal times. If, therefore, the new ſociety would agree to aſſemble at that hour, in whatever place they ſhall afterwards appropriate [17]to religious worſhip, and there join toge⯑ther in a very ſhort general form of prayer and evening ſacrifice of thanks (in which, to remove all objections about the value of time, they need not be detained much longer than about five minutes, to ex⯑preſs all that may be abſolutely neceſ⯑ſary for every good purpoſe of prayer and thankſgiving, at leaſt as a daily ſer⯑vice) they will ſoon be convinced that no human meaſure is ſo well calculated to add real dignity to the ordinary la⯑bourer, as well with reſpect to his own internal improvement, as in the out⯑ward eſteem and conſideration which it will neceſſarily inſure to him from others, by continually reminding the rich and higher ranks of men that the daily la⯑bourer is their brother and their equal in the ſight of God, and that all men ought to be equally ſervants to the ſame Lord! I could wiſh that a ſhort daily morning prayer might alſo be adopted at [18]nine o'clock, after breakfaſt, but I pro⯑poſe with diffidence, leſt publick prayers even only once a day ſhould be obtained with difficulty.
As ſome of the out lots will be diſtant about two miles from the centre of the townſhip, it may perhaps be more expe⯑dient to commence the rateable daily labour even half an hour ſooner ſtill, than I have laſt propoſed, viz. at half paſt four in the cool of the morning, where⯑by all publick labour will end at half paſt two in the afternoon, which will allow time for labourers in the diſtant lots to repair to the general aſſembly of the townſhip, at evening prayer. And an officer from every dozen may be ordered to be prepared, by a previous examina⯑tion, at the publick bank of all the in⯑dents in courſe for each day's labour; that after being diſcharged in the pub⯑lick books, they may be cancelled, and [19]moſt expeditiouſly returned to thoſe who have fulfilled them; all which, by the happy ſyſtem of Frankpledge, may be moſt eaſily effected with very little loſs of time; ſo that the labourers may return from the centre of the townſhip to their own private lots, and have near five hours of leiſure to themſelves to cul⯑tivate their own land, even if they work no later than eight at night, which will allow them ample time for reſt, eſpe⯑cially as the mid-day ſeſtoo will render leſs ſleep neceſſary at night.
[20]A ſeventh part of the year ſhall be appropriated more particularly to God's ſervice, and ſhall be duly obſerved and kept holy, on the pe⯑nalty of ſeven weeks, or forty-two days labour in the publick lots for every breach of this univerſal law of God, either in buying, ſelling, or working for pecuniary profit; or for travelling, unleſs a very urgent neceſſity can be proved: and this penalty to be doubled on a repeti⯑tion or continuance of the offence. 52 Sundays or days of our Lord.
Two more days ſhall be appro⯑priated to a religious commemora⯑tion of our Lord's birth and expia⯑tory death, at the uſual ſeaſons; and a third day to the great annual view of Frankpledge, to be ap⯑pointed at ſome convenient ſeaſon, after the greateſt and moſt general harveſt of the year, the remem⯑brance of which ſhall alſo be ſo⯑lemnized on that day by religious thankſgiving both at the opening and concluſion of the view of Frankpledge;—ſo that the 365 days of the year will be further reduced by the deduction alſo of 3 Holidays.
The abovementioned Sundays and holidays, amounting to fifty⯑five days, being deducted from the year, there will remain only 310 Days of labour.
365
The days of labour ſhall be rated throughout the new ſettlement only at [21]eight hours actual labour each day, in all agreements or contracts for labour, as well of apprentices and indentured ſervants, as of thoſe who are hired by the day; that all labourers may have ſome leiſure hours every day to culti⯑vate their own private lots of land. And only ſix hours labour are to be re⯑quired by law on Saturdays, without any deduction from the labourer's profit for the deficiency, becauſe it is for the pub⯑lick benefit that the people ſhould have leiſure to attend the courts and folkmotes (to be held on Saturdays) in order that they may gradually improve that natural faculty of reaſon or knowledge which is inherited by all men from our firſt pa⯑rents, and may "have their underſtand⯑ings exerciſed by habit to diſcern both good and evil."
FREEDOM AND PROTECTION TO STRANGERS.
[22]Limitation of Indentured Service.—An injured Indentured Servant to be turned over to the Publick Exchequer.—Fugitive Slaves to be protected, and allowed to purchaſe Land by Labour, and after due Time of Probation to be admitted to the Rank of Deciners.
AS ſoon as a ſlave ſhall ſet his foot within the bounds of the new ſettlement, he ſhall be deemed a free man, and be equally entitled with the reſt of the in⯑habitants to the protection of the laws, and to all the natural rights of humanity. And the ſervice even of indentured ſer⯑vants ſhall be ſtrictly limited, viz. no perſon to be bound for a longer term than five years after the age of twenty⯑one, or of ſeven years if bound after the age of fourteen years, or of ten years if [23]bound after the age of eleven years. And if any indentured ſervant ſhall have juſt cauſe to complain of his maſter's beha⯑viour to him, he ſhall be turned over to the care of the general aſylum for males; and his labour, for the limited term of his indentures, ſhall be turned over to the publick Exchequer, which ſhall purchaſe of the maſter all the re⯑maining term of ſervice. If any ſlave ſhall eſcape from his maſter in any part of the neighbouring country where the abominable traffic in human beings is tolerated, and ſhall apply at any town⯑ſhip within the free ſettlements for an aſylum, he ſhall be received and pro⯑tected in the publick aſylum; for this is required by an indiſpenſable moral law of God, and, of courſe, by the laws of England—‘Thou ſhalt not deliver unto his maſter the ſervant’ (or ſlave, for all ſlaves are ſervants) ‘which is eſ⯑caped [24]from his maſter unto thee; he ſhall dwell with thee, even among you, in that place which he ſhall chooſe, in one of thy gates, where it liketh him beſt: Thou ſhalt not oppreſs him,’ Deut. xxiii. 15, 16. The ſtranger, how⯑ever, ſhall be required to promiſe obe⯑dience to the laws of the ſettlement, and due legal ſubmiſſion to the chiefs of the diviſion, wherein he is admitted and pledged; and alſo to enter himſelf on the publick roſter of equal ſervice in Watch and Ward, when of proper age. And in order to obtain his livelyhood, independently of individuals, he ſhall, if he is above twenty years of age, be al⯑lowed to purchaſe, of the publick Ex⯑chequer, one quarter of a lot of land, for one year's ſervice, conſiſting of 310 days ſervice of eight hours each, (and a proportionable addition to the term, if under that age) for which quarter of a [25]lot, he ſhall be taxed only one quarter part of a deciner's contribution to paro⯑chial and publick exigences and expences; which proportionable contribution of labour for taxes ſhall commence from the time he receives the land; but the Exchequer ſhall give him credit for the labour of purchaſe until the ſecond year after he receives the land; in the courſe of which only half of the labour, viz. 155 days, may be demanded, and the remainder in the courſe of the third year, whereby the ſtranger will have ſpare days of labour to enable him (by giving indents for it) to purchaſe neceſ⯑ſaries for his farm: And he ſhall be al⯑lowed a ſeparate chamber in the publick aſylum or inn, until he is able to build an houſe or cottage upon his own lot. After he has faithfully diſcharged his debt of ſervice according to his firſt con⯑tract with the Exchequer, and alſo his [26]other contract debts with private indivi⯑duals (for all ſuch private debts ſhould be entered in the publick Exchequer, in order to give intrinſic value to the in⯑dentures for labour, as the ſtate of every man's credit and circumſtances will then appear on the publick books) he ſhall be allowed another quarter of a lot on the ſame terms, and ſo on till he has acquired a compleat lot; when, if he has by his good and faithful behaviour proved himſelf worthy of the rank and truſt of a deciner, he ſhall be admitted to all the privileges and civil rights of the community as a free member and equal proprietor of the whole ſettlement.
REDEMPTION FROM SLAVERY.
[27]Redemption from Slavery.—Price to be repaid by a ſhort limited Service to the Publick Exche⯑quer.—Profit by Redemption infinitely ſuperior to the Profits of the Slave Trade.
THOUGH it is a fundamental prin⯑ciple of the ſettlement, that all ſlaves ſhall be deemed free as ſoon as they enter it, ſo that no perſon can retain, or ſell, or employ, a ſlave within the bounds of the ſettlement, yet there can be no impropriety in providing a means of re⯑paying the expence of redeeming ſlaves, on the condition of a ſhort limited ſervice, as an apprentice or indentured ſervant, provided that the actual prices given for redemption can be ſufficiently authenti⯑cated, that no more may be repaid, except, perhaps, a limited profit, not exceeding ten per cent. by way of in⯑tereſt, [28]for advancing the price; and pro⯑vided alſo that the ſaid limited ſervice of the contract be not claimable by any individual, but by the publick Exchequer only, after the redeemed perſon has con⯑ſented to work out the price; whereby all poſſibility of domeſtic ſlavery, or pri⯑vate oppreſſion, will be excluded; and the Exchequer will give an ample equi⯑valent to the redeemed perſon, to inſure his voluntary conſent to a contract for a limited time of labour, not only by the protection it will afford him, but alſo by putting him in poſſeſſion of a portion of land, equal to the quarter part of a de⯑ciner's lot, to be increaſed as he diſcharges his debt of labour; and by finding him proviſions until he ſhall be able to raiſe proviſions from his own land. The publick Exchequer will be enabled, by the conſent of a majority of the ſet⯑tlers, thus to diſpoſe of land, becauſe all the unoccupied land in the ſettlement [29]is to be deemed as common, in which the whole body of ſettlers, ſent out from England, if above ſixteen years of age, whether indentured or not, ſhall be en⯑titled to an equal ſhare, and therefore no land muſt be appropriated, but by com⯑mon conſent. Suppoſe the redemption of a man ſhould coſt ten pounds (which I believe is about the average price on the coaſt) and ſuppoſe the labour of ſuch a ſtranger be eſtimated only at ſixpence ſter⯑ling per day (though it is certainly worth much more, perhaps three or four times as much) a limited ſervice, by the re⯑deemed perſon, of five years to the pub⯑lick Exchequer, as an equivalent for the purchaſe of a full lot of protected land, with a gradual introduction to all the privileges of a free Engliſh ſettlement, will amount, at 310 working days per annum (fifty-two ſundays and three holi⯑days being deducted for the reaſons al⯑ready mentioned under the head of Free [30]Labour) will amount, I ſay, to 38l. 15s. out of which, after paying 10l. the price of redemption, and 10 per cent for the advance of money, viz. 1l. more, there will remain in the publick Exchequer (towards ſupplying food and neceſſaries to the labourer, till he can provide for himſelf, and for riſque of loſs by ſick⯑neſs or death) the ſum of 27l. 15s. the ſurplus of which, if the redeemed per⯑ſon lives and does well, becomes the property of the publick, in which he himſelf enjoys an equal ſhare of pro⯑fit; ſo that the purchaſe of a ſlave, un⯑der ſo equitable a regulation, will be really and truly a Redemption from Sla⯑very to a ſtate of freedom and protection. And if the voluntary labour of a man ſhould really be worth three times what I have eſtimated (as I really believe it is) the profit for redemption, for 11l. diſ⯑burſed, will amount to 105l. 5s. which is 956 9/11l. per cent. in favour of the [31]publick Exchequer! Nay, the profit may be fairly eſtimated at a much higher rate! for if the free labour, which the redeemed perſon pays for his lot of land, be employed by the elected truſtees of the Exchequer in the publick lots of land, they may expect to receive at leaſt the or⯑dinary production of land, for the labour beſtowed upon it; which even in our northern climate may be rated at a triple amount (and much more may certainly be expected in the fertile and productive climate of Africa) ſo that the ordinary profit may fairly be ſtated at 315l. 15s. for 11l. diſburſed, which is at the rate of 2870 5/11;l. per cent. in favour of the publick Exchequer in which the redeemed perſon himſelf would have an equal pro⯑perty with the reſt of the community. Let the advocates for ſlavery ſhew, if they can, that involuntary ſervitude is equally profitable! The intolerable ex⯑pence of all kinds of labour wherever [32]ſlavery is permitted, when compared with the price of labour in free countries, will ſufficiently confute them. But more ſhall be ſaid of the great profits of Free Labour, under the head of Publick Re⯑venue, &c.
AGRARIAN LAW.
Money for purchaſing Land, to be inveſted in Preſents for the African Chiefs.—Chiefs to be previouſly acquainted with ſome neceſſary Con⯑ditions.—All the Settlers to be reſtrained from purchaſing Land for private Property, until the Bargains for the Publick Land are con⯑cluded.—The Preſents to be deemed Publick Stock.—All the Settlers above ſixteen Years of Age to be equally entitled to the Land.—Pre⯑cautions for fixing on the Spot for the firſt Townſhip.—Settlers to be obedient to the Agent and how long.—Reſerve of Land.— Limitation of Land.—Limitation of landed [33]Poſſeſſion.—Manner of laying out a tenth Lot for the Conductor.—Alſo two more Lots for Publick Uſes.—Likewiſe ten other Publick Lots for every hundred private Lots.—How to be appropriated. General Aſylum for Males and Females, and for married Perſons.—Hoſ⯑pital for Sick.—Penitentiary Let.—Glebe Land.—No Layman to have Benefit from the Glebe.—Limitation of the Cure of Souls.— Lot for Pariſh Clerks and Beadles.—Under Beadles or Trumpeters.—Lot for a Town Clerk.—Let for two Aſſiſtant Clerks of the Hundred.—One reſerved Lot to make good Deficiencies.—Allowance of Land to Ap⯑prentices and indentured Servants.—Sons of Settlers how to purchaſe Land.—Indentured Servants allowed to redeem the Terms of Ser⯑vice and how.—And to purchaſe Land by Labour.
THE money which has been paid into the hands of the truſtees to procure land for the ſettlement ſhall be veſted in ſuch articles of merchandize, as are deemed [34]moſt proper for preſents to the petty chiefs or Cabo-ſieurs, on the African coaſt, and ſhall be diſpoſed of among them to the beſt advantage, to engage their peaceable conſent to admit the new ſettlers, and to give up to them a ſuffi⯑cient tract of uninhabited land, border⯑ing on the ſea, or on ſome navigable river or creek where freſh water alſo may be procured, with every other natu⯑ral accommodation ſuitable and neceſſary for a proper ſettlement. But in treating for the land, the Cabo-ſieurs or chiefs ſhall be informed, as a neceſſary part of the agreement, that the land which they are requeſted to give up to the new ſet⯑lers, is intended to be dignified with the title and privileges of a land of freedom, like England, where no man can be a ſlave; for as ſoon as a ſlave ſets foot on Engliſh ground, he immediately be⯑comes free, provided he conforms him⯑ſelf [35]to the laws of the ſtate. And there⯑fore, if any ſlave who has eſcaped from his maſter, (in the neighbouring coun⯑try, where ſlavery is allowed,) ſhould fairly get within the boundary of the new ſettlement, he is afterwards to be conſidered as a free man. And no man muſt purſue him to take him away by force, nor be offended with the new ſettlers for refuſing to deliver him up: becauſe they are indiſpenſably required by the laws of God, and of England, to protect the ſlave that has eſcaped from his maſter. (See this further explained un⯑der the head of freedom.) This previous declaration is abſolutely neceſſary to be made, as one means of avoiding future diſ⯑putes with the neighbouring inhabitants. And in order that as much land as poſſi⯑ble may be procured for the new ſettle⯑ment by the abovementioned preſents, the agent or agents, for the ſettlers, and [36]every individual among them, ſhall be reſtrained from purchaſing or making any agreement whatever for ſeparate pri⯑vate property in land (on pain of forfeit⯑ing all right to a ſhare in the profits of the ſettlement) until an agreement is made and concluded for the whole com⯑mon ſtock of land: and until the bounds of it are actually marked out and made known to the whole body of ſettlers. An invoice ſhall be made of all the ar⯑ticles for preſents, in which the money intended for the purchaſe of land was inveſted; ſo that if any articles remain more than are neceſſary for the purpoſe, they ſhall be deemed a part of the com⯑mon ſtock, and ſhall be regiſtered ac⯑cordingly. The whole body of original ſettlers that go together from England above the age of ſixteen years, whether male or female, apprentice, or in⯑dentured ſervant, ſhall be equally entitled to all the land within the bounds of the [37]ſettlement; ſubject, however, to the rules hereafter expreſſed for the appropriation of it, from time to time when wanted: and all unappropriated land ſhall be deemed common. No land ſhall be ap⯑propriated but by the free conſent of a majority of the ſettlers, after a full diſ⯑cuſſion of the reaſons in the common council, or folkmote.
When the agent-conductor ſhall have carefully viewed and conſidered the tract of country thus veſted in the community of ſettlers, he ſhall recommend to them a proper ſituation for the firſt encamp⯑ment and principal townſhip, as nearly in the center of their territory as the neceſſary accommodations of a conſtant ſupply of freſh water, and a navigable communication with the ſea will permit: and he ſhall lay before the community his reaſons for the choice, and if any other perſon or perſons ſhould propoſe [38]different ſituations of equal propriety, the elected heads of dozens, or a ſufficient deputation from them muſt carefully examine all the propoſed ſituations; and after duely weighing the reaſons aſſign⯑ed for each propoſal, they ſhall make their report to the common council; and the opinion of the majority ſhall decide the queſtion; for it is abſolutely neceſ⯑ſary that the majority of the ſettlers ſhould be well ſatisfied and contented with the ſituation of their principal townſhip, whether it be better or worſe than was firſt propoſed. But in all other points they muſt be obedient to the advice of the agent-conductor, and fol⯑low his directions in clearing the ground, marking out and entrenching the firſt encampment, building temporary bar⯑racks, and ſtore-houſes, for the accom⯑modation of the whole community, and in digging, ſowing, and planting, in the publick grounds, for the common ſup⯑port [39]of the whole body of ſettlers; and no man ſhall ſeparate himſelf to work for private emolument, until a ſmall portion of land for a town lot, and a larger portion for an out lot agreeable to a plan annexed (No. 2) ſhall be marked out, and ſufficiently cleared by publick labour for every ſettler; nor until the ſaid portions of land are equally and in⯑differently appropriated to each perſon by lot, to avoid diſputes, and ſhall be duly regiſtered with the names of the re⯑ſpective proprietors. Whether or not the ſeparate private houſes ſhould be built by joint and publick labour, may be afterwards diſcuſſed and determined in the common council. Land ſhall be re⯑ſerved in the townſhip for ſuch new ſet⯑tlers as may afterwards arrive, which may in the mean time be cultivatad for public benefit, but it ſhall not be appropriated until it is really wanted for ſuch addi⯑tional ſettlers as may afterwards join [40]themſelves to the community: for no man ought to be the proprietor of more than one town lot, with its proportional out lot, according to the limitation here-after mentioned. And therefore if any additional land, either of town lots or out lots, or both, ſhould be acquired by mar⯑riage or by inheritance, or legacy, or by any other lawful means, the inheritor ſhall be allowed three years to diſpoſe of them: but in any other caſe, if it ſhould be found out, that one individual poſſeſſes more than one town lot, or more land in out lots, than is declared in the fol⯑lowing table, ſuch land and lots ſhall be forfeited to the community.
EXCEPTION.
N. B. The agent or firſt conductor of the ſettlement is excepted in the above regulation, becauſe he is to be allowed every tenth lot that is laid out for private property, on account of his extraordinary [41]care and trouble in agreeing for the land, and for laying out the lots *. And alſo ſuch publick officers are to be excepted who hold publick lots, hereafter men⯑tioned, in right of their reſpective offi⯑ces, as the chaplain, clerk of the hun⯑dred, two aſſiſtant clerks of the hundred, and the three beadles, each of whom may be allowed to poſſeſs one ſeparate lot, in their private capacity, beſides their official publick lots.
If any man ſhould be diſſatisfied with the ſituation of the firſt townſhip, and [42]can find eleven other deciners of the ſame opinion, they may afterwards diſ⯑poſe of their regiſtered lots, and agree with the community (to whom all the un⯑occupied land within the bounds of the ſettlement doth jointly and equally be⯑long) for ſufficient land to form a pro⯑portional townſhip in ſome diſtant part, as propoſed in the general ſcheme of the ſettlement (plate No. 2.) according to the following limitation.
LIMITATION OF LANDED POSSESSIONS.
NO perſon ſhall poſſeſs in his or her own right, more land (excluſive of the Town lot where the perſon dwells) than the number of acres expreſſed againſt the following deſcriptions of places, viz.
- Within 3 miles of the principal town not more than 20 Acres.
- Within 3 miles of the ſea, navi⯑gable river, creek, or haven in any other part of the ſettlement not more than 40 Acres.
- Within 7 miles of Do. not more than 100 Acres.
- Within 12 miles of Do. not more than 200 Acres.
[43]Whenever nine lots are laid out, a tenth of equal ſize, ſhall be laid out cloſely adjoining to them, which ſhall be numbered and regiſtered as the property of the conductor; or for a reſerve to pay publick debts (the firſt conductor to whom the promiſe of every tenth lot was made, having lately died the com⯑mittee are at liberty to diſpoſe of this re⯑ſerved land, as they ſhall think moſt juſt and right) and an account ſhall be kept of whatever odd number of lots are laid out at the ſame time, more than the ten laſt appropriated, and leſs than the amount of another nine; that as other new lots are demanded, the con⯑ductor may have a tenth lot of equal ſize cloſe adjoining to any of the laſt appropriated lots which he ſhall chuſe: but, for every ten lots thus marked out for private property, two lots of equal ſize, ſhall be alſo marked out adjoining to them, for publick uſes, to be regiſtered [44]as ſuch, which under the care of an elected committee, in every diſtrict, controlled by the common council of the ſtate, ſhall be cultivated by publick labour (hereafter more fully explained) and the produce be appropriated to a publick fund for religious inſtruction, ſchools, poor, hoſpitals, ſalaries of pub⯑lick officers, and all ſuch juſt and rea⯑ſonable expences beſides as ought to be defrayed by a publick exchequer. And alſo to every hundred lots laid out for PRIVATE property ten additional publick lots 6ſhall be laid out cloſely adjoining: viz. One lot for a general aſylum for poor males, under the care and direction of the oldeſt and moſt prudent deciners in the hun⯑dred, elected as a committee, expreſsly for that truſt.
[45]Secondly, One lot for a general aſylum of poor females, under the care of the elderly widows, or of ſuch other pru⯑dent matrons as ſhall be elected to the charge.
Thirdly, One lot for a general aſylum of poor families, of both ſexes together, that the branches of a family may not be ſeparated through misfortunes or poverty; but that each family may be allowed a diſtinct and ſeparate habitation to them⯑ſelves at the publick expence, until they can be otherwiſe provided, and more comfortably eſtabliſhed, under the care and patronage of the committee of elder deciners above mentioned. Spare cham⯑bers ſhall alſo be prepared to accommo⯑date ſtrangers and travellers, as at an inn, but ſeparately in the ſaid three lots, according to their reſpective deſcriptions of male, female, or family.
[46]Fourthly, One lot for the ſupport of an hoſpital for the ſick and hurt, divided into ſeparate wards, for males and fe⯑males, ſubject reſpectively to the viſita⯑tion and direction of the two ſeparate truſts abovementioned.
And Fifthly, One penitentiary lot to be ſtrongly fenced (with paliſades, ditch, and parapet, having all the defences re⯑verſed or facing inwards) for the ſecure confinement of all felonious offenders, and to be divided into three diſtinct compartments; two for the ſeparation of the two ſexes; and a third for the mar⯑ried perſons of either ſex, that they may not be ſeparated from their ſpouſes, or families, in caſe they ſhould deſire to attend them. And
Sixthly, One lot to be regiſtered as glebe land; and to be reſerved for the chaplain of the hundred, whenever a [47]clergyman duly qualiſied ſhall be elected by the majority of the deciners or houſe⯑holders in the hundred; but no layman, during the vacancy, may receive any profit from the glebe, though he may of⯑ficiate gratis, as far as a layman may lawfully be allowed to interfere in the ſacred office. And no chaplain ſhall be inducted to a legal charge or cure of ſouls over more than one hundred families of deciners and their dependants, at one time; with due exception, however, to clergymen of epiſcopal authority, in caſe God's bleſſing on the ſettlement ſhould hereafter render the appointment of biſhops neceſſary.
Seventhly, One lot, half of which to be appropriated to the uſe of a pariſh clerk, who ſhall alſo act as a head beadle in all aſſemblies of the hundred; and the other half in equal parts to two in⯑ferior beadles, for his aſſiſtants; who, as [48]ſoon as they can be taught, ſhall have an additional ſalary as trumpeters, to ſummon the people to the courts of juſtice, and to aſſemble the militia at the head quarters in caſe of publick danger.
Eighthly, One lot for a town clerk, or recorder of the hundred, who ſhall keep an exact regiſter of all the appro⯑priations of land in his diviſion, the roſ⯑ters of ſervice, both civil and military, the judgements of the courts for fines of labour; and the due regiſtering of all private contracts for labour, in which duty he ſhall be ſubject to the control and accompt of the publick Exchequer in the principal townſhip.
Ninthly, One lot for two aſſiſtant clerks of the hundred to be elected from the body of deciners, the moſt prudent and beſt qualified to acquire a general [49]knowledge of the principles and max⯑ims of the common law, as well as of the regulations of the ſettlement, that they may be able to adviſe the head⯑boroughs on all occaſions. And
Tenthly, One publick lot reſerved to make good the deficiencies of any of the reſt, or to be applied to any other public uſe that the Hundred Court ſhall think proper to direct. And if any of theſe publick lots, or any parts thereof, remain uncultivated, the directors of the neareſt bank, with the conſent of the Hundred Court, may cauſe the ſu⯑perfluous land to be cleared and culti⯑vated for the increaſe of the publick ſtock, and revenue.
Every apprentice, or indentured male, above the age of ſixteen years, that ſhall afterwards be introduced into the ſettle⯑ment from Europe, and every male bred[50]in the ſettlement, as they arrive at that age, ſhall be allowed by the publick as many acres of land to himſelf, adjoin⯑ing to the out lot of his parent, or of his maſter, as will amount to an eighth part of a lot, in order that he may em⯑ploy his leiſure hours to his own profit; and as ſoon as he is twenty-one years of age, he ſhall have an addition from the publick of one-eighth more, amounting in all to one quarter of a lot, gratis: and the ſon of a ſettler, when arrived at that age, ſhall be allowed to purchaſe three-fourths of a lot more, to compleat his proportion for a deciner, at the rate of half a year's ſervice for each fourth part—that is in all for 465 days labour to the publick: half of which to be demanded before the end of the ſecond year, and the remainder gradually before the end of the third year. But with re⯑ſpect to an indentured ſervant or appren⯑tice, if he ſhall be able, even before he [51]is of age, to purchaſe out his indentures, either by the produce of his private por⯑tion of land, or by entering himſelf at the town bank, for ſuch a proportion of his extra hours, or evening's labour, as ſhall be deemed equal to his ſtrength, without injury to the labour due to his maſter, but not exceeding two hours (making ten hours labour in all per day:) the maſter muſt conſent to the redemp⯑tion, and the late indentured perſon, even though he is not of age, ſhall be al⯑lowed to purchaſe one quarter of a lot in whatever townſhip he ſhall chuſe, for one year's ſervice (viz. 310 days labour paid by inſtallments as above) to the Exche⯑quer of the townſhip; but on condition however that if he does not chuſe to ſettle in the townſhip of his late maſter, he ſhall give up the land which he there held, on being allowed the value of it, by the Exchequer; and that he ſhall [52]previouſly apply to the headborough or chief of the diviſion wherein his deſired lot is ſituated, in order to obtain the aſſent of the inhabitants to his admiſſion among them; which being granted, he ſhall make a publick declaration in open court of his ſincere intention to comply with the laws of the ſettlement, and to behave himſelf conſiſtently with the ne⯑ceſſary peace and good order of a civi⯑lized ſociety. And after he has ap⯑proved himſelf to the vicinage of his new ſettlement by good behaviour, and by a faithful diſcharge of the ſtipulated ſervice or price, he ſhall be admitted (if he is twenty-one years of age, or as ſoon as he attains that age) to all the civil rights of the community, provided that he ſolemnly renews the ſaid declaration at the next publick court or folkmote of the diſtrict which he inhabits; and he ſhall then be allowed to purchaſe at the publick Exchequer as much more land [53]as will amount to a compleat lot. And every indentured European, above the age of twenty-one, ſhall be allowed gra⯑tis, half a lot of land adjoining to his maſter's out lot; and as ſoon as the li⯑mited demand of labour, due to his maſter, ſhall be faithfully diſcharged, either by ſervice or by redemption, he ſhall be allowed to purchaſe half a lot more for two years ſervice (with rea⯑ſonable credit or allowance of time to perform it in) to the Exchequer or pub⯑lick bank and ſhall be admitted to all the civil rights of a deciner, as ſoon as the ſtipulated ſervice is faithfully diſ⯑charged: or ſooner, if the Hundred Court ſhall be ſatisfied that he is worthy.
PUBLICK REVENUE AND PAPER CUR⯑RENCY OF INTRINSIC VALUE.
[54]Tax on Day's Work required from all Males above eighteen Years of Age.—Number of Indentures to be given by every Male.—In⯑dentures how to be certified.—Every Man to have an Accompt of Labour open at the Exchequer, certified by the proper Officers of his Diviſion.—Apprentices and Indentured Servants to be regiſtered.—Publick Labour to be deducted from the Terms of all Inden⯑tured Servants.—Accompts of Labour how to be ſettled and diſcharged.—Eſtimation of La⯑bour.—Additional Tax on the Rich, and on thoſe who have more profitable Employments than ordinary Labour.—The Payment of Tithes of Property always grievous and in⯑convenient.—Tax on Pride and Indolence. The Advantages of making Ordinary Labour the Medium of Traffic.—That poor Men will never want Employment, nor loſe Time in ſearching for it.—Will obtain Credit for Ne⯑ceſſaries, [55]and for the Aſſiſtance of Artificers. —Indentures how to be certified, entered, and put in Circulation.—Indentures will be ready Caſh to the Merchant, Tradeſman, or Arti⯑ficer, and will enable them to redeem their own more valuable Labour, and to draw on the Bank for Paper Caſh to circulate, or for Labour to accommodate Planters, who will repay in Produce; that the Indentures will be really as intrinſically valuable as ready Caſh. —The Author's Doubts.—A few Objections removed.—Debts of Labour to be demanded only by the publick Banks.—Applications ei⯑ther for Labourers or Labour to be made at the publick Banks.—Planters to pay a ſmall Commiſſion per Cent. to the Bank for ſupply⯑ing Labourers.—Labourers to be ſummoned in due Rotation ſome every Day, with due previous Notice, according to the Dates of their Indentures not balanced.—Guard againſt Bankruptcy, and againſt Oppreſſion of indentured Labourers.—In caſe of Death, Debts of Labour due to the Exchequer to be made good out of the real and perſonal Eſtate of the Debtor.—The Syſtem of Frankpledge [56] the chief Security of this Revenue.—Publick Fines and Forfeitures.—The peculiar Im⯑provement which even Frankpledge will ob⯑tain by Fines of Labour.—Even Neglect of publick Labour may be turned to the pub⯑lick Advantage.—The Revenue of Fines re⯑ſerved to make up all Deficiences in this Cal⯑culation as it would probably amount to a Third of what is already reckoned, and the Profits of the Sale of Land probably even more than the Fines.—The Savings by this Ar⯑rangement would be almoſt as extraordinary as the Gains.
IN order to eſtabliſh an efficient pub⯑lick revenue, and at the ſame time to render induſtry and honeſt daily labour honourable, or at leaſt creditable by being general.—All contributions to the ſtate, and all publick fines, (except thoſe laid on perſons convicted of felony within the ſettlement, which are to be worked out in the penitentiary lots, (before de⯑ſcribed) ſhall be levied in day labour, [57]eſtimated (whatever a man's calling, art, or ability may be) at the rate of eight hours work per day of an ordinary la⯑bourer; ſo that perſons who have money, or more valuable employments, may compound, or find a ſufficient ſubſtitute accuſtomed to ordinary labour: but the ſubſtitute muſt be a free man; becauſe no ſlave, nor even an apprentice or in⯑dentured ſervant, if bound for a longer term than what is limited under the general head of freedom, ſhall be per⯑mitted to work within the bounds of the ſettlement, leſt any diſcredit ſhould thereby be thrown on honeſt labour. And for the ſame reaſon the fines of days work laid on perſons convicted of fe⯑lony, within the ſettlement, ſhall not be entered on the ſame books of the Ex⯑chequer which contain the names of the reſt of the community, but ſhall be re⯑giſtered in a diſtinct book, as a ſeparate [58]branch of the revenue, and ſhall be worked out in the penitentiary lots.
All written contracts or indentures for labour, publick or private, ſhall be en⯑tered in the books of the Publick Exche⯑quer, to which ſhall be made compleat indexes of reference, that the ſtate of every man's engagements may eaſily be known, whereby no man will have it in his power to diſpoſe of indentures for more labour than ſuch a reaſonable pro⯑portion of his leiſure as he may be ſup⯑poſed capable of fulfilling and diſcharging in due time.
[59]A truth part of the 310 days of labour ſhall be appropriated to the ſupport of Religious inſtruc⯑tion, ſchools, widows, poor, and other paro⯑chial exigencies. 31 Days.
And alſo another tenth for other general expences of the community or ſtate 31 Days.
This publick contribution of two-tenths, or one-fifth of the work-days in a year, ſhall be equally required of all males above the age of eighteen years, and ſhall be eſtimated at the value only of ordinary labour in cultivating the earth, amounting for each perſon, per annum, to ſixty⯑two days of ordinary labour 62 Days.
For which every male of the above deſcription ſhall annually ſign indentures for the undermentioned portions of his labour, viz.
Days Work. | ||
1 Indenture for | 20 Days Work 20 | 20 |
1 Do. | 10 Do. | 10 |
1 Do. | 5 Do. | 5 |
4 Indentures for | 2 Do. | 8 |
10 Do. | 1 Do. | 10 |
10. Do. | 4 Hours work or ½ a day each | 5 |
8 Do. | 2 Do. or ¼ do. | 2 |
16 Do. | 1 Do. or ⅓ do. | 2 |
51 Indentures. | Days work of ordinary labour | 62 |
The ſmall portions of time are neceſſary to form a rateable medium for the prices [60]of all kinds of ſmall articles in traffick, and to afford a convenient exchange when the indentures are circulated like bills in lieu of caſh; and for ſuch arti⯑cles as may require a ſtill ſmaller frac⯑tion to expreſs any gradual riſing or fall of price, the proper fraction of an hour into ſixty minutes, will be ſufficiently ſmall for all purpoſes; and if any ſpecies of ſo ſmall a value as one minute (or even as five or fifteen minutes) ſhould be thought neceſſary, ſmall pieces of copper or other cheap metals, amber, or parti⯑cular kinds of ſhells or beads, may be ſubſtituted for it. But if indentures, (for the ſake of uniformity in the currency) ſhould be preferred, an indenture for ten minutes, the ſixth part of an hour, will amount exactly to one farthing, at the loweſt price of ordinary labour, i. e. one ſhilling per day.
[61]In the indentures muſt be expreſs'd the name of the townſhip, or of the hundred, and the number, or other denomination of the tithing or dozen, wherein the ſigner lives; and when the indenture is cut at the figured tally, the ſigner of it ſhall keep the checque in his own poſſeſſion, but ſhall deliver the full number and value of his ſigned indentures into the Exchequer, in the preſence of the chief of the dozen to which he belongs. If he himſelf is an headborough, or chief of a dozen, he ſhall deliver his inden⯑tures in the preſence of his hundreder, or of three other headboroughs, of the ſame hundred, and the hundreder himſelf in the preſence of four headboroughs of his own diviſion.
The entry or counter checque in the publick treaſury of every man's accompt of indentures, for which he is a debtor [62]to the publick, ſhall be carefully exa⯑mined and certified by the Hundreders, or their aſſiſtants, or at leaſt by four of the Headboroughs, of the particular diviſion to which each debtor reſpectively belongs, which will be very little trouble to each chief, as the higheſt will certify only for 100 families; and the regula⯑rity of the frankpledge, and the certain knowledge of each individual in a divi⯑ſion, which every chief obtains by it, will effectually ſecure every individual from forgeries; ſo that no man will be liable to anſwer any demands for labour, but what may be amply proved and au⯑thenticated by comparing the checques in his own hands with the certified entry in the Exchequer.
Maſters of apprentices, and alſo of in⯑dentured ſtrangers, brought by them into the ſettlement, ſhall be obliged to regiſter the ſaid indentured perſons in the [63]publick Exchequer of the townſhip where he lives, together with the terms of their indentures, on the penalty of 310 days labour for every wilful failure herein; and he ſhall be obliged to deduct from the limited time of indentured ſervice, all the time that the apprentices or ſervants have worked for the publick benefit.
When a man has worked out, or otherwiſe redeemed any of the paper⯑money, for which he is nominally re⯑ſponſible, and ſhall have received back the indenture, after the ſervice, he may produce it at the Exchequer, together with its correſponding checque, that it may be cancelled in the publick ac⯑compt; whereby the diſcharge of pub⯑lick debts may be as regularly proved and authenticated as the juſt demands abovementioned; and the ſtate of a man's publick debt may always be known at [64]the publick Exchequer by the balance of indentures in his accompt; and thereby all frauds and impoſitions may be eaſily traced and detected.
As Labour in all new ſettlements where land is cheap, is, of courſe, much higher and more valuable than in old eſtabliſhed ſtates, the intrinſic value of the labour, in the propoſed new ſettlement, might fairly be eſtimated at double the price of labour in England; but at preſent I will rate it only at one ſhilling per day, on ac⯑count of the limitation of eight hours inſtead of ten, commonly required in England. About 300 males have already entered their names; which number multiplied by ſixty-two, the tax of days work due from each per annum, by this regulation, will produce 18,600 days of labour in a year, due to the publick; which, eſtimated at the low average rate of only 1s. per day, will amount to 930l. [65]per annum. And as the value or ex⯑pence of labour, when applied to land, (at the ordinary eſtimation of increaſe by the products of the earth in return for labour and care) is expected to pro⯑duce at leaſt triple the amount of the diſburſement, even in our northern cli⯑mates, ſo the value of 930l. beſtowed in labour on the publick lots of land in the fertile and productive climate of Africa, where very little labour is neceſſary, might certainly be eſtimated much higher: but even at the ordinary rate it will amount to 2790l. per annum, which is a very great publick revenue, if it be remembered that it is calculated on the very ſmall number of 300 males, reckon⯑ing rich and poor together, which are only the ordinary average number of males in an hundred diviſion, or 100 families of a well eſtabliſhed ſettlement, at the rate of three males to a family!
[66]The general contribution, which I have propoſed, is equally laid on the poor as on the rich, the former being equally capable of paying it, and that certainly with more eaſe to themſelves, by being accuſtomed to ordinary labour. Nevertheleſs the rich (it may be ſaid) ought to contribute more than the poor, on account of the ſuperior advantages which accrue to them by their aſſocia⯑tion with the poor in one well regulated political body. The ſuperior advantages I ſpeak of are—1ſt, The perſonal eaſe or exemption from labour, which their riches may always procure to them in ſuch a ſociety—and ſecondly the effec⯑tual ſecurity of their property, or wealth, procured in Frankpledge, or "Maxima ſecuritas," by the equal exertion of perſons, who have no property, and by an equal riſque, alſo of their lives, in caſe of actual danger. So that it ſeems clearly reaſonable and juſt, that the rich [67]and higher ranks of citizens ſhould contribute more to the publick revenue, than the poor;—but in what proportion is rather difficult to determine; though it may be readily anſwered, that the quantity of riches ſhould, in due pro⯑portion, determine the quantity of con⯑tribution; yet this cannot be done with⯑out a general tax on property, which, as experience teaches us, is liable to many inconveniences; ſo that even the antient and ordinary tax of tithes to the clergy is deemed grievouſly inconvenient, on account of the difficulties, diſputes, quarrels, and vexations, which too fre⯑quently happen, as well in compound⯑ing for them as in the collection of them in kind. The only expedient, therefore, which I am able to deviſe, at preſent, for procuring a larger contribution from the rich, is a tax on pride and indolence; a tax which, though it will not produce in exact proportion to the property of [68]the wealthy, will nevertheleſs moſt cer⯑tainly obtain from the wealthy and luxurious a contribution exactly pro⯑portionate to whatever pride and indo⯑lence may be occaſioned by the ſuper⯑fluous wealth of the community: and in aid to this tax on ſuperfluous wealth, the affluence likewiſe of the more uſeful members of ſociety, whoſe employments procure them a more profitable reward than they could obtain by ordinary la⯑bour, might be made to yield a reaſon⯑able addition to the revenue in conſide⯑ration of their ſuperior abilities to con⯑tribute, which men of this reſpectable claſs certainly have.
TAX on PRIDE and INDOLENCE, and on Perſons who have ſuperior Emoluments above the ordinary Claſs of Labourers.
[69]THOUGH labour is the common lot of man, according to the divine ſentence, or penal judgment, denounced againſt our firſt male parent,—‘In the ſweat of thy face ſhalt thou eat bread, till thou return into the ground,’ &c. Gen. iii. 19. and though an apoſtle alſo has de⯑clared, that ‘if any would not work neither ſhould he eat,’ yet many perſons there are, in every community, who by ſome means or other ſeem to be exempted from the neceſſity of perſonal labour, the ordinary condition of human life! How this may be accounted for, and reconciled with the divine decree, is ſtated more at large in my tract on the Law of Nature, and Principles of Action [70]in Man, p. 21—30. Nothing, there⯑fore, according to natural religion, can be more reaſonable and juſt, or more conſiſtent alſo, according to the ſecond foundation of law, with the revealed will of God in the holy ſcriptures, than that all perſons who have wealth ſufficient to purchaſe an exemption from this ordi⯑nary lot of man, ſhould be required to contribute in a larger proportion to the exigencies of the community, than perſons who depend on their daily labour for their daily bread. And this additional contribution may very eaſily be levied, without making any other ad⯑ditional object of taxation than what I have already propoſed to be the ſingle article of general contribution, viz. the two tenths of ordinary labour: let a re⯑demption of the general tax of ſixty-two days' contribution, viz. two tenths of ordinary labour be required at the rate of a double, or, if neceſſary, of a triple [71]value of the ſervice, from all perſons who, having no real bodily infirmity or incapacity, ſhall decline a perſonal attendance for the general contribution, either through pride, by ſetting them⯑ſelves up above their brethren in their own eſtimation, as ſuperior to the com⯑mon lot of ordinary labour, or elſe by having a better and more reaſonable mo⯑tive, that of a more profitable occupa⯑tion for the employment of their time, which will equally render them capable of paying, without any actual hardſhip, the additional tax for the eaſe, indulgence, and ſuperior profit, which they enjoy by the purchaſe.
Suppoſe there be ten men in an hun⯑dred, or thirty males in one hundred fa⯑milies, whoſe pride, or wealth, or indo⯑lence, would induce them to decline perſonal labour: ſuch men ought ſurely to redeem their exemption at a triple [72]value, which cannot amount to any real hardſhip or oppreſſion; as the alterna⯑tive, and only hardſhip to thoſe who may love too well their wealth, and deem the tax too heavy, is to ſubmit to the ordi⯑nary lot of their brethren, in complying with a ſhort limited ſervice for the pub⯑lick benefit, in which they themſelves have an equal profit. And ſuppoſe there be alſo double that number of perſons in an hundred diviſion, who have uſeful arts and more profitable trades and occu⯑pations to induce their redemption of perſonal ſervice:—The produce of the tax will be as follows—the firſt claſs of thirty gentlemen, or idle men, taxed at triple the value of the ſixty-two days of ordinary labour, will pay all together the ſum of 279l. but as the ſixty-two days of labour from each is already in⯑cluded in the former general calculation, one third muſt be deducted from the eſti⯑mated [73]value of this additional tax, where by it is reduced to
l. | s. | d. | |
186 | 0 | 0 | |
The ſecond claſs of 60 merchants, tradeſman, or uſeful artificers, who will be induced by more profitable occupa⯑tions to redeem their perſonal labour, will each pay a double tax, viz. the value of 124 days ordinary labour at 1s. per day which all together is only 6l. 4s. per ann. each man; but as they are already charged half that ſum, in the general eſtimate of contribution, the other half alone muſt here be reckoned, viz. 3l. 2s. which multiplied by 60 amounts to | 186 | 0 | 0 |
Total additional tax on the 2 claſſes abovementioned in one hundred families | 372 | 0 | 0 |
Which addition, if laid out on the cultivation of land in the publick lots, would produce three times that value, according to the ordinary increaſe of land, for the labour beſtowed on it. The riſque, indeed, of a miſapplica⯑tion of the labour, or of a defalcation of the increaſe, may reaſonably be objected, according to the ordinary miſ⯑conduct of perſons intruſted with the care of farms, at preſent in this coun⯑try; but the ſame objection will not hold where Frankpledge is duly eſtabliſhed, becauſe the eye of every neighbour would be a watchful guard againſt fraud, all being equally intereſted in the pub⯑lick profit. I will therefore multiply this additional tax by 3, the ordinary rate of increaſe to be expected from the land which is cultivated by it | 3 | 0 | 0 |
1116 | 0 | 0 | |
To which add the general contribu⯑tion before eſtimated at | 2790 | 0 | 0 |
The total amount of revenue for one ſingle diviſion of an hundred families | 3906 | 0 | 0 |
[74]Thus an ample ſource is opened not only of publick credit but alſo of private ſecurity, or truſt, in traffick, by the ſame eaſy means; whereby poor labouring men may be enabled to obtain all the neceſſary articles of merchandize, though they have no ready money to advance. For, as ordinary labour is rendered the medium of traffic, inſtead of caſh, the firſt advantage to a poor induſtrious man, ac⯑cuſtomed only to ordinary labour, is, that he will, at all times, have it in his power to obtain employment; in the ſearch of which, with us, many honeſt men, in all the three kingdoms, are ob⯑liged to leave their native country. And the ſecond material advantage to him is, that he can always obtain an immediate credit, proportionable to the value of his unengaged time, for any articles of trade that he may want, by giving the mer⯑chant, or tradeſman, in return for them, an indenture for as many days labour as [75]the purchaſe is worth; and he is alſo enabled to employ a blackſmith, car⯑penter, or other uſeful artificer (in caſe he ſhould want their aſſiſtance on his own lot) by giving them, in like manner, an indenture, for as many days of or⯑dinary labour, as will amount to the value of the work. Theſe indentures (as before propoſed for the indentures of general contribution) ſhould expreſs the names of the hundred, and of the dozen in which the ſigner is aſſociated, and ſhould be previouſly carried by him to be entered at the public Exchequer, or bank, of the hundred, and be there properly certified, as before propoſed; after which the labourer may cut off the indentures from his checques, at the printed tally, and pay them to the mer⯑chant or tradeſman, for the article pur⯑chaſed; or to the artificer for his job, retaining the checques in his own cuſtody, that he may always know the [76]amount of his debt of labour. On the other hand, the merchant, tradeſman, or artificer, who receives ſuch an indenture from a poor labourer, can immediately realize the value of it in his own favour, by paying it into the public Exchequer, or bank of the townſhip; where, of courſe, it will be poſted to the credit of his accompt of labour, and will enable him to redeem a part of his own inden⯑tures, without his own perſonal labour, which, of courſe, is much more valuable than ordinary labour; and in like manner he will proceed with all other indentures for ordinary labour, that he has procured by his traffic, or more valuable occupa⯑tion, always paying them to the credit of his account at the bank, until the amount exceeds his own debt for public ſervice: when, from the balance of labour in his favour, according to the amount of it, he will always be at liberty to draw on the bank for indentures of days [77]work, either for circulation, as ready caſh, or for labourers, to cultivate his own lot of land, or elſe occaſionally to accom⯑modate planters who want labourers, and are willing to pay the value of them, in produce, &c. whereby private credit (as well as public credit, already provided for) will be amply ſupported: and the indentures for labour, by which this moſt eſſential public and private ſervice is effected, will be, in fact, A PAPER CURRENCY OF INTRINSIC VALUE, an⯑ſwering all the purpoſes of ready caſh, as a medium of traffic, as well as all the neceſſary purpoſes of negociable bills, to ſupport public and private credit; and yet they cannot be, at all, liable to de⯑preciation!
The advantages appear to me ſo great and extraordinary, that I can hardly give credit, as I proceed, to my own eſtima⯑tion of them; and am inclined to ſuſpect [78]that I am, in ſome way or other, enor⯑mouſly miſtaken; but as I cannot yet find out my error, I muſt leave my cenſure to ſome more able head. A few obvious objections, however, I am prepared to remove by a timely propoſal of adequate remedies. As for inſtance—Whatever might be deemed troubleſome, or diſ⯑agreeable, in exacting the payment of theſe debts of labour, may be effectually withdrawn from individuals, by inveſting the public bank of each townſhip with the ſole authority of demanding the labour for the indentures, that have been re⯑ſpectively entered and certified therein. And that the ſeveral banks may be enabled to realize the value of theſe indentures, all applications either for labourers, or labour, ſhall be made at the ſeveral town banks; where planters may be ſure of a ſupply of labourers, and the labourer equally ſure of a conſtant ſupply of work, without danger of op⯑preſſion, [79]or non payment of wages, being ſecured from both by the media⯑tion of the bank, which employs him, and diſpoſes of his ſervice. And both parties, or at leaſt the planters, ought to pay ſome ſmall allowance per cent. to the bank, by way of commiſſion, or profit for the negociation. And each bank ſhould regularly ſummon, (with due previous notice for every day) a ſuf⯑ficient number of the indentured la⯑bourers that are entered on their books, not only to cultivate the public lots of land under their care, but alſo to ſupply the current daily demand of labour that may be wanted by planters and other private individuals; but all perſons ſum⯑moned to labour, ſhall work on the public lots, until ſuch demands are made, by which means the labourers will loſe no time in waiting for work. The daily ſum⯑monſes to labour, iſſued from the bank, ſhould be made in due rotation, according [80]to the dates of the indentures entered on the books, and according to the quantity of debt which each individual has to work out. And, that no man may run deeper in debt, by diſpoſing of his labour to a greater amount than he may be able to diſcharge in due time, all indentures whatſoever for the labour either of ap⯑prentices or ſervants, ſhould be entered at the bank of the townſhip, where the parties reſide, whereby not only the ſtate of every labourer's debt may be always known, and, of courſe, likewiſe his ability to diſcharge it, but alſo, on the other hand, the labourers, apprentices, and ſervants themſelves, will be thereby more eaſily protected from the oppreſſion of ſuch avaritious maſters, as might other⯑wiſe be inclined to exact more ſervice than is due by the terms of their contract.
If any perſon ſhould die before his indentured ſervice is diſcharged to the [81] public bank, his land, ſtock, and effects ſhall be anſwerable to the amount of his deficiency to the publick, in preference to all other debts: whereby the paper currency, will always preſerve a ſtandard value; and, at the ſame time, afford a moſt convenient medium for traffic and exchange. If any further difficulties, more than I have foreſeen and guarded againſt, ſhould ſtill be objected, I flatter myſelf that the ſalutary eſtabliſhment of Frankpledge will be ſufficient to obviate them all. For this maxima ſecuritas, renders every individual completely re⯑ſponſible for all debts or demands that can juſtly be made upon him, and for all charges againſt him whatever, becauſe the reſidence of the meaneſt member of ſociety can be moſt expeditiouſly known by the public books; ſo that he may be immediately traced at any time to his very chamber, and no individual in Frankpledge can reſiſt the united power [82]of a free people—for if any one ſhould neglect or deſpiſe the ſummons of the public bank, his tithing or dozen may be compelled (on the penalty of a heavy fine for neglect) to produce him: and ſhould the tithing or dozen neglect, the hundred is ſummoned to enforce ſatis⯑faction, and ſo on with reſpect to higher diviſions, until the ſtrength of the whole community is united, as one man, to render executive juſtice, to fine, or other⯑wiſe puniſh all contumacious delinquents againſt common ſenſe, and to enforce obedience to the determined juſtice of the majority. This occaſional mention of miſdemeanors and fines, reminds me that I have omitted to add to the amount of my calculation of Revenue, the profit of the public fines and forfeitures, which muſt always be very conſiderable where Frankpledge is eſtabliſhed; not only, becauſe the regularity and order of the ſyſtem renders the levying of fines and [83] forfeitures extremely eaſy, expeditious, and free from expence, but alſo, becauſe the penalties of fines and forfeitures are, in Frankpledge, extended to the minuteſt immoralities, and negligences, in order to render the peace and regularity of ſociety as perfect as poſſible. Add to this a very particular advantage, which the ancient mode of puniſhing by fines and forfeitures, will acquire by the applica⯑tion of my propoſal of univerſal calcula⯑tion by days labour—an advantage which could never before be obtained; viz. that the pooreſt man has, thereby, ſome⯑thing to forfeit, even ſometimes very conſiderable, becauſe his perſonal labour is equally valuable, and probably more ſo, than the labour of a man of ſuperior rank; ſo that even the happy ſyſtem of Frankpledge itſelf is very materially im⯑proved, and rendered much more effectual, as well as more profitable, by the pro⯑poſed addition.
[84]All contempts of legal ſummonſes to labour, would, of courſe, be finable; as alſo apparent ſloth, or remiſſneſs in work⯑ing; both of which would thereby be made effectual to increaſe the value of the paper currency, inſtead of diminiſhing it, as might be expected. Likewiſe all con⯑tempts of court, neglects of ſummons to attend juries; want of punctuality in attending the duties of Watch and Ward, in the rotation of the public roſter; and all inattention or diſobedience while on duty; all breaches of the ſabbath, ſwear⯑ing, drunkenneſs, and immodeſty, as well as fornication and adultery (both of which ſhould be very ſtrictly, and very ſeverely mulcted, for the more effectual promotion of honourable marriage) giving or accepting a challenge to fight, even though no miſchief ſhould enſue; all unneceſſary wrangling, fighting, or ſtriking, and even every wilful provoca⯑tion by word or geſture, and every other [85]miſbehaviour that is inconſiſtent with the peace, order, and quiet of a happy ſo⯑ciety, would be puniſhed by a ſuitable fine of days' work, in proportion to the offence, by which altogether this eſſential article of fines and forfeitures (which, in England, through neglect of Frankpledge, are hardly an object of conſideration) would neceſſarily occaſion a much larger addition to the public revenue than I can venture, at preſent, to eſtimate; and, therefore, I muſt beg leave to reſerve this valuable article of fines, to make up any deficiencies, which, perhaps, may be afterwards diſcovered in my other cal⯑culations; to which muſt alſo be added, as a further reſerve, the profits ariſing from the ſale of land for day labour, not yet eſtimated, though it would probably amount even to more than the fines.
I have already, without theſe profitable articles, carried my eſtimation of the [86] public Revenue nearly to the amount of 4000l. per annum, for every 100 families, including equally both rich and poor, which far exceeds the proportionable revenue, I believe, of any kingdom on earth; for indeed, the ſame means are not practicable in any country or nation, unleſs the moſt excellent ſyſtem of Frankpledge be previouſly eſtabliſhed, which I muſt frequently repeat. But, for the ſake of compariſon, let us apply this ſcheme to the computed average number of taxable houſes or families in England and Wales. The one million families (as they are commonly eſti⯑mated) would raiſe, by merely taking on themſelves the very moderate and equal burthen of only a 5th part of their moſt ordinary labour, eſtimated at the low rate of one ſhilling per day, together with the additional tax on pride, and the eaſy levy on profitable occupations, with the due increaſe of the whole profit, when applied [87]to the cultivation of public land, would raiſe (I ſay) at the rate of 3906l. for every hundred families, before calculated, the amazing revenue of 39 millions, and 60 thouſands of pounds ſterling, per annum. If I am queſtioned on the poſ⯑ſibility of raiſing a ſum ſo enormouſly great, that it far exceeds the whole annual produce of all our accumulated taxes, cuſtoms, and other means of revenue, I muſt confeſs, that I am at a loſs how even to ſatisfy my own doubts about it; and that I know not what reaſons to aſſign for ſuch an incredible accumulation of wealth, ariſing from ſo trifling a burthen laid upon the people, unleſs it may be attri⯑buted to the effectual employment of all the labouring poor; and of others capable of labour, and alſo to the effectual means of which the propoſition ſeems to pro⯑miſe of rendering that general employ⯑ment of ordinary labour profitable, not only in the circulation of the indentures [88]as bills and caſh; but alſo in the increaſe which may be naturally expected from the actual labour, when applied to the earth. But there are other advantages attending the propoſal, which are not yet reckoned.
The previous re-eſtabliſhment of frankpledge, without which the raiſing of ſuch an increaſed revenue could not be practicable, would, at the ſame time, render abſolutely unneceſſary the greateſt part of our moſt expenſive eſtabliſhments both civil and military.
So that, upon the whole the gain might fairly be eſtimated at nearly triple the effective, or neat amount of all the other deviſeable "Ways and Means, &c. &c."— That this is not an exaggerated ſtatement of our publick burthens, will be allowed, I believe, by all parties. I wiſh they were equally agreed in opinion about the neceſſary remedy!