Henry Fielding

“ Thus if we cannot discover, or will not encourage any Cure for Idleness, we shall at least compel the Poor to starve or beg at home: for there it will be impossible for them to steal or rob, without being presently hanged or transported out of the way. ”

“ Of these the excessive Misery of the Wretches themselves, oppressed with Want, and sunk in every Species of Debauchery, and the Loss of so many Lives to the Public, are obvious and immediate Consequences. ”

“ Every one of these Heads of Families were Pledges to each other for the Behaviour of all their Family; and were likewise reciprocally Pledges for each other to the Hundred.
If any Person was suspected of a Crime, he was obliged to find Security for his good Behaviour out of the same Hundred and Tithing. This if he could not find, he had Reason to apprehend being treated with great Severity; and if any accused Person, either before or after his finding Bail, had fled from Justice, the whole Tithing and Hundred should pay a Fine to the King. ”

“ Whilst this antient Constitution remained entire, 'Such Peace,' says Lord Coke, 'was preserved within the Realm, as no Injuries, Homicides, Robberies, Thefts, Riots, Tumults or other Offences, were committed; so as a Man, with a white Wand, might safely have ridden, before the Conquest, with much Money about him, without any Weapon, through England [13] .' Nay even in the tumultuous Times of William the Conqueror, the Historians tell us, there was scarce a Robber to be found in the Kingdom. ”

“ I will therefore confine myself, as I have hitherto done on this Head, to the single Point of preventing the Poor from Wandering, one principal Cause of the Increase of Robbers; as it is the chief Means of preserving them from the Pursuit of Justice. It being impossible for any Thief to carry on his Trade long with Impunity among his Neighbours, and where not only his Person, but his Way of Life, must be well known.
Now to obviate this Evil, the Law, as it now stands, hath provided in a twofold manner. 1st By way of Prevention; and, 2dly, By way of Remedy. ”

“ Upon such a View, the whole appears as a vast Wood or Forest, in which a Thief may harbour with as great Security, as wild Beasts do in the Desarts of Africa or Arabia. For by wandering from one Part to another, and often shifting his Quarters, he may almost avoid the Possibility of being discovered.
Here, according to the Method I have hitherto pursued, I will consider, what Remedy our Laws have applied to this Evil, namely, the wandering of the Poor, and whether, and wherein these Remedies appear defective. ”

“ By the Laws of Edward the Confessor, every Person, of the Age of 12 Years, ought to be sworn in a View of Frankpledge, That he will neither become a Thief himself, nor be anywise accessary to Theft.
This Court, Briton [6] tells us, was to be holden twice a Year, which was afterwards reduced to once a Year by Magna Charta; and no Man, says the Mirror, was, by an ancient Ordinance, suffered to remain in the Kingdom, who was not enrolled in Decenna, and had Freemen for his Pledges [7] . ”

“ But by the same Statute, the executing a public annual Office during a Year, or being charged with, and paying to the public Taxes, &c. or (if unmarried and not having a Child) being lawfully hired into any Parish, and serving for one Year, or being bound Apprentice by Indenture, and inhabiting, &c. are all made good Settlements without Notice.
By a third Statute [28] , Persons bringing a Certificate signed by the Overseers, &c. and allowed by two Justices, cannot be removed till they become chargeable. ”

“ And if they could not do this, then they were by their own Oaths to acquit themselves, and to bind themselves to bring the Delinquent to Justice as soon as they could; and, in the mean time to pay the Damage out of the Estate of the Delinquent; and if that were not sufficient, then out of their own Estate [2] .
Every Subject in the Kingdom was registred in some Tithing; only Persons of the first Rank had the Privilege (says Mr. Rapin [3] ) that their single Family should make a Tithing, for which they were responsible. ”

“ By this Act the whole Hundred is made answerable in Case of Robberies.
2. In order to prevent the Concealment of Robbers in Towns, it is enacted, 1. That the Gates of all walled Towns shall be shut from Sun setting to Sun-rising. 2. A Watch is appointed, who are to arrest all Strangers. 3. No Person is to lodge in the Suburbs, nor in any Place out of the Town, unless his Host will answer for him. 4. The Bailiffs of Towns shall make Enquiry once within 15 Days at the farthest, of all Persons lodged in the Suburbs, &c. and of those who have received any suspicious Persons. ”

“ These Evils were encouraged, as the Historians say, by the vagabond State of the Offenders, who, having no settled Place of Abode, upon committing any Offence, shifted their Quarters, and went where it was difficult to discover them. To remedy this Mischief, therefore, Alfred having limited the Shires or Counties in a better Manner than before, divided them into Hundreds, and these again into Tithings, Decennaries, or ten Families [1] . ”

“ By 22 Henry VIII. Persons calling themselves Egyptians shall not come into the Realm, under Penalty of forfeiting their Goods; and, if they do not depart within 15 Days after they are commanded, shall be imprisoned.
By the 1 and 2 Philip and Mary [22] , Egyptians coming into the Kingdom, and remaining here a Month, are made guilty of Felony without Benefit of Clergy. ”

“ These Vagabonds do indeed get their Livelihood by Thieving, and not as petty Beggars or petty Chapmen; and have their Lodging not in Alehouses, &c. but in private Houses, where many of them resort together, and unite in Gangs, paying each 2d. per Night for their Beds. ”

“ First, Persons become idle and disorderly within the Act, by, 1. Threatning to run away and to leave their Wives or Children to the Parish. 2. Unlawfully returning to the Place from whence they have been legally removed by the Order of two Justices, without bringing a Certificate, &c. 3. Living idle without Employment, and refusing to work for usual and common Wages. ”