CHAPTER XVI

POOR LAW REFORM

"... surely there is some Praise due to the bare Design of doing a

Service to the Public."--Dedication of the _Enquiry_.

It is evident that the beginning of the year 1753 found Fielding fully

conscious that now he could only anticipate a 'short remainder of life.'

But neither that consciousness, nor the increasing burden of ill-health,

availed to dull the energies of these last years. Scarcely had that

indomitable knight, General Sir Alexander Drawcansir retired from the

active public service of conducting the _Covent Garden Journal_ when his

creator reappeared with an astonishingly comprehensive and detailed plan

of poor-law reform; a plan adapted to the whole kingdom, and which

according to a legal comment involved "nothing less than the repeal of the

Act of Elizabeth and an entire reconstruction of the Poor Laws." [1]

Poor-law reform was at this time occupying the attention of the

nation, and apparently also of the legislature. And we know, from the

_Enquiry into the Increase of Robberies_, that the question of lessening

both the sufferings and the criminality of the poor had for years occupied

Fielding's warm heart and active intellect. But the extent to which he

devoted these last months of his life to the cause of the poorest and most

degraded deserves more than a passing recognition. He tells us, in the

_Introduction_ to the pamphlet embodying his great scheme, that he has

applied himself long and constantly to this subject; that he has "read

over and considered all the Laws, in anywise relating to the Poor, with

the utmost Care and Attention," in the execution of which, moreover, he

has been for "many Years very particularly concerned"; and that in

addition to this exhaustive study of the laws themselves, he has added "a

careful Perusal of everything which I could find that hath been written on

this Subject, from the Original Institution in the 43d. of _Elizabeth_ to

this Day." Such was the laborious preparation, extending presumably over

many months, which the author of _Tom Jones_, and the first wit of his

day, devoted to solving this vast problem of social reform.

Fielding was far too well skilled in the art of effective construction to

present the public with undigested note-books from his voluminous reading.

His scheme, based on all the laws, and upon all the comments on all the

laws, regarding the poor, enacted and made for two hundred years, is a

marvel of conciseness and practical detail; and, together with an

_Introduction_ and an _Epilogue_, does but occupy the ninety pages of a

two-shilling pamphlet.

The pamphlet was published at the end of January 1753, with the title _A

Proposal for making an effectual Provision for the Poor, for amending

their Morals, and for rendering them useful Members of the Society. To

which is added a Plan of the Buildings proposed, with proper

Elevations ... By Henry Fielding, Esq.; Barrister-at-Law, and one of His

Majesty's Justices of the Peace for the County of Middlesex_. The

dedication, dated January 19, is to Henry Pelham, then Chancellor of the

Exchequer, and from it we learn that Fielding had personally mentioned his

scheme to this Minister. The Introduction presents an eloquent appeal for

some effectual remedy for the intolerably diseased state of the body

politic as regarded the distresses and vices of the poor, their unseen

sufferings no less than their frequent misdeeds. Fielding protests against

the popular ignorance of these sufferings in words that might have been

spoken by some pleader for the East End 'Settlements' of to-day. "If we

were," he declares, "to make a Progress through the Outskirts of this

Town, and look into the Habitations of the Poor, we should there behold

such Pictures of human Misery as must move the Compassion of every Heart

that deserves the Name of human. What indeed must be his Composition who

could see whole Families in Want of every Necessary of Life, oppressed

with Hunger, Cold, Nakedness, and Filth, and with Diseases, the certain

Consequence of all these; what, I say, must be his Composition, who could

look into such a Scene as this, and be affected only in his Nostrils?" As

an instance of Fielding's personal knowledge of the London slums of his

day, a reference made by Mr Saunders Welch to their joint work is of

interest. Writing in the same year, 1753, he mentions assisting "Mr Henry

Fielding in taking from under one roof upwards of seventy lodgers of both

sexes." [2]

To this little known misery of the poor, who "starve and freeze and rot

among themselves," was added the problem of streets swarming with beggars

during the day, and with thieves at night. And the nation groaned under

yet a third burden, that of the heavy taxes levied for the poor, by which

says Fielding "as woeful experience hath taught us, neither the poor

themselves nor the public are relieved." To attack such a three-headed

monster as this was an adventure better fitted, it might seem, for that

club which "Captain Hercules Vinegar" had wielded thirteen years before,

when in the full tide of his strength, than for the pen of a man in

shattered health, and already serving the public in the daily labours of a

principal magistrate. But nothing could restrain the ardour of Fielding's

spirit, how frail so ever had become its containing 'crust of clay,' when

great abuses and great misery made their call on his powers; or

countervail against the hope, with which the _Introduction_ to his plan

concludes. If that plan fails, he shall indeed, he declares have "lost

much Time, and misemployed much Pains; and what is above all, shall miss

the Pleasure of thinking that in the Decline of my Health and Life, I have

conferred a great and lasting Benefit on my Country."

The _Plan_ is that of the erection of a vast combined county workhouse,

prison, and infirmary; where the unemployed should find, not only work but

_skilled instruction_, the poor relief, and the sick a hospital; where

discipline and good order should be stringently enforced; and where two

chaplains should labour at that 'correction and amendment' of the mind

which "in real truth religion is alone capable of effectually executing."

The entire scheme is worked out with extraordinary detail, in fifty-nine

clauses; and is preceded by an elaborate architectural plan of the

proposed institution (which was to house no less than five thousand six

hundred persons) with its workshops, its men's quarters rigorously divided

from those for the women, its recreation ground, its provision shops, its

cells for the refractory and for prisoners, and its whipping post. And the

pamphlet concludes by lengthy arguments in favour of the various clauses;

and by a personal protest concerning the disinterestedness of proposals

which "some few enemies" might assert to show signs of a design for

private profit. Fielding touchingly disavows any thought of occupying,

officially, the great house raised by his imagination. To a man in his

state of health such a project would, he says, be to fly in the face of

the advice of his 'Master,' Horace; "it would be indeed _struere dotnos

immemor sepulchri_." And, he adds, those who know him will hardly be so

deceived "by that Chearfulness which was always natural to me; and which,

I thank God, my Conscience doth not reprove me for, to imagine that I am

not sensible of my declining Constitution." The concluding words of this,

Fielding's last legislative effort, betray a like calm assurance that his

day's work was drawing to its close. He has now, he tells us, "no farther

Design than to pass my short Remainder of Life in some Degree of Ease, and

barely to preserve my Family from being the Objects of any such Laws as I

have here proposed."

It is wholly in keeping with the genius of Henry Fielding that almost the

last endeavour of his intellect should have been devoted to relieving the

wretchedness and lessening the vices of the poorest and most miserable of

his countrymen. The _Proposal for ... the Poor_ is written by the hand of

the accomplished lawyer and indefatigable magistrate; but the energy that

accomplished so great a labour, in spite of broken health and among a

thousand interruptions, sprang from the heart which had already

immortalised the ragged postilion of _Joseph Andrews_ and the starving

highwayman of _Tom Jones_.

This last January but one of Fielding's life was not only occupied by the

publication of proposals for an 'entire reconstruction of the Poor Laws.'

In 1753 a London magistrate, or at least Mr Justice Fielding, was at the

service of the public on Sunday no less than during the week; and on the

first Sunday of the New Year the Bow Street room echoed to threats that

read strangely enough when we think of the unknown petty thief,

threatening sudden death to 'our immortal Fielding.' "Yesterday," says the

_General Advertiser_ for Monday, January 8, "John Simpson and James Ellys

were commited to Newgate by Henry Fielding Esq., for shop-lifting." The

charge was one of stealing five silk handkerchiefs, and when the two men

"were brought before the Justice they behaved in a very impudent saucy

manner, and one of them said hewished he had a Pistol about him, he would

blow the Justice's Brains out; upon which a Party of the Guards was sent

for who conducted them safe to Newgate." The Bow Street house, moreover,

must have been full not only of prisoners and witnesses brought before the

Justice, but also of victims of all manner of theft. For two comprehensive

notices appear in the _Advertiser_ for this month, repeating the previous

invitation accorded to such sufferers in the _Covent Garden Journal_. On

January 1, all persons cognizant of any burglary robbery or theft are

desired to communicate immediately with Mr Brogden, clerk to Justice

Fielding, "at his office at the said Justice's in Bow Street." And again,

towards the end of the month, "All Persons that have been robbed on the

Highway in the County of Middlesex within this three months last past, are

desired to apply to Mr Brogden, at Mr Justice Fielding's in Bow Street,

Covent Garden." And here, too, came the solicitors that sought counsel's

opinion on their client's behalf, with their fees; the magistrate of this

period being under no disability in regard to his private practice.

It was to his reputation as an advising barrister, and perhaps a little to

the kindness of heart that must have been familiar to all who knew him,

that Fielding owed his connection with that extraordinary popular

excitement of 1753, the mysterious case of the servant girl Elizabeth

Canning. On the 29th of January 'Betty Canning' presented herself, after a

month's disappearance, at the door of her mother's house in London, in a

deplorable state of weakness and distress, and declared that she had been

kidnapped by two men on New Year's night, taken to a house on the Hertford

road, and there confined by an old gipsy woman for twenty-eight days, in a

hay loft, with a pitcher of water and a few pieces of bread for sole

sustenance. On the twenty ninth day, according to her own account, she

escaped through a window and made her way back to her home. Her

neighbours, fired with pity for her sufferings, subscribed means for a

prosecution; and, says Fielding, in the pamphlet which he published two

months after these events, "Mr. _Salt_, the Attorney who hath been

employed in this Cause, ... upon this Occasion, as he hath done upon many

others, ... fixed upon me as the Council to be advised with." Then we have

the following little domestic sketch, the only picture left to us of Henry

Fielding as a practising barrister: "Accordingly, upon the _6th of

February_, as I was sitting in my Room, Counsellor _Maden_ being then

with me, my Clerk delivered me a Case, which was thus, as I remember,

indorsed at the Top, The Case of Elizabeth Canning _for_ Mr Fielding's

_opinion_, and at the Bottom, _Salt_, Solr. Upon the Receipt of this Case,

with my Fee, I bid my Clerk give my Service to Mr. _Salt_ and tell him,

that I would take the Case with me into the Country, whither I intended to

go the next Day, and desired he would call for it the _Friday_ Morning

afterwards; after which, without looking into it, I delivered it to my

Wife, who was then drinking Tea with us, and who laid it by."

Mr Brogden however presently returned upstairs, bringing the solicitor

with him, who earnestly desired his counsel not only to read the case at

once but also to undertake in his capacity of magistrate an examination of

the injured girl, and of a supposed confederate of the gipsy. This task

Fielding at first declined, principally on the ground that he had been

"almost fatigued to death with several tedious examinations" at that time,

and had intended to refresh himself with a day or two's interval in the

country, where he had not been "unless on a Sunday, for a long time." The

persuasions of the solicitor, curiosity as to the extrordinary nature of

the case, and "a great compassion for the dreadful condition of the girl,"

however induced him to yield; and the next day the eighteen year old

heroine of a story that was soon to set all London quarrelling, was

brought in a chair to Bow Street, and then led upstairs, supported by two

friends, into the presence of the Justice. An issue of warrants followed

upon her examination, and a further examination of a suspected confederate

of the gipsy; the gipsy herself and her chief abettor having already been

arrested by another magistrate. Some days later, Fielding being then out

of town, "several noble Lords" sent to his house, desiring to be present

while he examined the gipsy woman; and the matter being arranged, "Lord

Montfort," says Fielding, "together with several gentlemen of fashion came

at the appointed time." The company being in the Justice's room, the

prisoners and witnesses were brought up; and apparently some charge was

afterwards brought against Fielding as to the manner of his examination,

for he here takes occasion to declare, what all who knew him must have

known to be the truth, "I can truly say, that my Memory doth not charge me

with having ever insulted the lowest Wretch that hath been brought before

me." Public opinion became hotly divided as to whether Betty Canning had

indeed suffered all she declared at the hands of the gipsy, Mary Squires,

or had maliciously endeavoured to perjure away the old woman's life. The

Lord Mayor, Sir Crisp Gascoyne, and Fielding's old antagonist the

despicable Dr Hill ardently supported the gipsy; Fielding, in the pamphlet

already quoted, and which was published in March, as warmly espoused the

cause of the maid servant whom he calls "a poor, honest, innocent, simple

Girl, and the most unhappy and most injured of all human Beings." The

excitement of the Town over this melodramatic mystery is reflected in the

fact that a second edition of Fielding's pamphlet (entitled _A clear state

of the Case of Elizabeth Canning_) was advertised within a few days of its

first publication. [3] And, also, in the appearance of the sixpenny print,

here for the first time reproduced, in which occurs the only

representation of Henry Fielding known to have been drawn during his life

time. This print, which bears the inscription "drawn from the life by the

Right Honourable the Lady Fa--y K--w," shows Fielding's tall figure, his

legs bandaged for gout, the sword of Justice in his hand and her scales

hanging out of his pocket, speaking on behalf of his trembling client

Elizabeth Canning; while opposed to him are my Lord Mayor, the notorious

Dr Hill, and the old gipsy. The background is adorned with pictures of the

newly built Mansion House, and of the College of Surgeons. [4]

But for the glimpses it affords us of Fielding as a barrister, and for his

characteristic championship of what he was convinced was the cause of

innocence oppressed, this once famous case might have been left

undisturbed in the dust of the _State Trials_, had it not incidentally

been the means of preserving two of the extremely rare letters of the

novelist. These letters, [5] hitherto unpublished, are addressed by

Fielding to the Duke of Newcastle, and were both written in the month

following the publication of his pamphlet. The fact that both letters are

dated from Ealing shows that his connection with what was then a pleasant

country village was earlier than has been supposed; and the acute

suggestions in the second letter seem to indicate a suspicion of some of

Betty Canning's supporters, if his conviction in the girl's own innocence

still remained unshaken.

"My Lord Duke

"I received an order from my Lord Chancellor immediately after the

breaking up of the Council to lay before your Grace all the Affidavits I

had taken since the Gipsey's Trial which related to that Affair. I then

told the Messenger that I had taken none, as indeed the fact is the

Affidavits of which I gave my Lord Chancellor an Abstract having been all

sworn before Justices of the Peace in the Neighbourhood of Endfield, and

remain I believe in the Possession of an Attorney in the City.

However in Consequence of the Commands with which your Grace was pleased

to honour me yesterday, I sent my Clerk immediately to the Attorney to

acquaint him with these Commands, which I doubt not he will instantly

obey. This I did from my great Duty to your Grace for I have long had no

Concern in this Affair, nor have I seen any of the Parties lately unless

once when I was desired to send for the Girl (Canning) to my House that a

great Number of Noblemen and Gentleman might see her and ask her what

Questions they pleased. I am, with the highest Duty,

"My Lord,

"Your Graces most obedient

"and most humble servant

"Henry Ffielding.

"Ealing. April 14, 1753

"His Grace the

"Duke of Newcastle."

"My Lord Duke,

"I am extremely concerned to see by a Letter which I have just received

from Mr Jones by Command of your Grace that the Persons concerned for the

Prosecution have not yet attended your Grace with the Affidavits in

Canning's Affair. I do assure you upon my Honour that I sent to them the

Moment I first received your Grace's Commands and having after three

Messages prevailed with them to come to me I desired them to fetch the

Affidavits that I might send them to your Grace being not able to wait

upon you in Person. This they said they could not do, but would go to Mr

Hume Campbell their Council, and prevail with him to attend your Grace

with all their Affidavits many of which, I found were sworn after the Day

mentioned in the order of Council. I told them I apprehended the latter

could not be admitted, but insisted in the strongest terms on their

laying the others immediately before your Grace, and they at last

promised me they would, nor have I ever seen them since. I have now again

ordered my Clerk to go to them to inform them of the last Commands I have

received, but as I have no Compulsory Power over them I can not answer

for their Behaviour, which indeed I have long disliked, and have

therefore long ago declined giving them any Advice, nor would I unless in

Obedience to your Grace have anything to say to a set of the most

obstinate Fools I ever saw; and who seem to me rather to act from a

Spleen against my Lord Mayor, than from any Motive of protecting

Innocence, tho' that was certainly their Motive at first. In Truth, if I

am not deceived, I Suspect they desire that the Gipsey should be

pardoned, and then to convince the World that she was guilty in order to

cast the greater Reflection on him who was principally instrumental in

obtaining such Pardon. I conclude with assuring your Grace that I have

acted in this Affair, as I shall on all Occasions with the most dutiful

Regard to your Commands, and that if my Life had been at Stake, as many

know, I could have done no more.

"I am, with the highest Respect,

"My Lord Duke

"Y Grace's most obedient,

"and most humble servant,

"Henry Ffielding.

"Ealing

"April 27. 1753.

"His Grace the Duke of Newcastle."

The dates of these letters show Fielding to have been at Ealing in the

early spring of this year; and thus afford some confirmation of Lysons'

remark in his _Environs of London_, published forty years later that

"Henry Fielding had a country house at Ealing where he resided the year

before his death." [6] In May a connection with Hammersmith is indicated,

in the burial there of his little daughter Louisa. The entry in the

Hammersmith Registers is as follows: "May 10th. Louisa, d. of Henry

Fielding Esqr."

The nearer Fielding's life draws to its premature close, the greater his

physical suffering, so much the more eager seems his desire to leave

behind him some practical achievement. We have already seen and wondered

at his gigantic scheme for poor-law reform, published in the beginning of

this year of fast declining 'health and life.' Six months later came the

commission in the execution of which the remains of that health and life

were literally sacrificed in the effort to win some provision for his

family, in the event of his own death. Early in August the distinguished

Court surgeon John Ranby had persuaded him to go immediately to Bath. And

he tells us, in that _Journal of a Voyage to Lisbon_, [7] from which we

have, from his own lips, the details of these last months, "I accordingly

writ that very night to Mrs Bowden, who, by the next post, informed me she

had taken me a lodging for a month certain." At this moment, when

preparing for his journey, and while "almost fatigued to death with

several long examinations, relating to five different murders, all

committed within the space of a week, by different gangs of street

robbers," Fielding received what might indeed be called a fatal summons to

wait on the Duke of Newcastle, at his house in Lincoln's Inn Fields, to

consult on a means for "putting an immediate end to those murders and

robberies which were every day committed in the streets." This visit cost

him a severe cold; but, notwithstanding, he produced, in about four days,

a scheme for the destruction of the "then reigning gangs" of robbers and

cut-throats, and for the future protection of the public, which was

promptly accepted, and the execution of which was confided into Fielding's

hands. "I had delayed my Bath-journey for some time," he proceeds,

"contrary to the repeated advice of my physical acquaintance, and to the

ardent desire of my warmest friends, tho' my distemper was now turned to a

deep jaundice; in which case the Bath-waters are generally reputed to be

almost infallible. But I had the most eager desire of demolishing this

gang of villains and cut-throats." After some weeks the requisite funds

were placed at Fielding's disposal; and so successful were his methods,

that within a few days, the whole gang was dispersed, some in custody,

others in flight. His health was by this time "reduced to the last

extremity"; but still, he tells us, he continued to act "with the utmost

vigour against these villains." And, amid all his 'fatigues and

distresses,' the satisfaction he so ardently desired came to him. During

the "remaining part of the month of November and in all December," those

darkest of months, not only was there no such thing as a murder, but not

one street robbery was committed. When we recall the amazing condition of

London at this time, when street robberies and murders were of almost

daily occurrence, we realise the magnitude of this achievement on the part

of a dying man. "Having thus fully accomplished my undertaking," Fielding

continues, "I went into the country in a very weak and deplorable

condition, with no fewer or less diseases than a jaundice, a dropsy, and

an asthma, altogether uniting their forces in the destruction of a body so

entirely emaciated, that it had lost all its muscular flesh." It was now

too late to apply the Bath treatment; and even had it been desirable it

was no longer possible, for the sick man's strength was so reduced that a

ride of six miles fatigued him intolerably. The Bath lodgings, which

Fielding, surely with his old invincible hopefulness, had hitherto kept

were accordingly relinquished; and even his sanguine nature realised the

desperate condition of his case. At this point in his narration he breaks

off with a characteristically frank disclosure of the chief motive which

had inspired him to the heroic exertions of these later months of 1753. At

the beginning of the winter his private affairs it seems, "had but a

gloomy aspect." The aspect of his own tenure of life we know. And hence to

distress of body was added that keenest of all distresses of the mind, the

despair of putting his family beyond the reach of necessity. It was gladly

therefore that Fielding offered up the 'poor sacrifice' of his shattered

health, in the hope of securing a pension for his family, in case his own

death were hastened by these last labours for the public.

If sickness was not allowed to hinder Fielding's energies for the benefit

of the public, and for the future provision of his family, neither did he

permit it to dull the activities of friendship. Early in December, when

his illness must have been acute, he wrote the following hitherto

unpublished letter to the Lord Chancellor, on behalf of his friend Mr

Saunders Welch: [8]

"My Lord,

"As I hear that a new Commission of the Peace is soon to pass the Great

Seal for Westm'r. give me Leave to recommend the name of Saunders Welch,

as well as to the next Commission for Middx. Your Lordship will, I hope,

do me the Honour of believing, I should not thus presume, unless I was

well satisfied that the Merit of the Man would justifie my Presumption.

For this besides a universal Good Character and the many eminent services

he hath done the Public, I appeal in particular to Master Lane; and shall

only add, as I am positive the Truth is, that his Place can be filled

with no other more acceptable to all the Gentlemen in the Commission, and

indeed to the Public in general. I am with the highest Duty and Respect,

"My Lord,

"Your Lordship's most obedient

"and most humble servant,

"Henry Ffielding."

"Decr 6. 1753

"To the Lord High Chancellor"

[1] _Life of Henry Fielding_. Frederick Lawrence, p. 138.

[2] Saunders Welch. _A Letter on the subject of Robberies, wrote in the

year 1753_.

[3] See the _Public Advertiser_ 1753 March 17, 20, 24 &c.

[4] This unique contemporary print of Fielding may be seen in the British

Museum, Print Room, _Social Satires_, No. 3213.

[5] Record Office. _State Papers. Domestic_ G. II., 127, no. 24.

[6] Lysons. _Environs of London_. 1795. Vol. ii. p. 229.

[7] The quotations from the _Voyage to Lisbon_ are from the edition

recently prepared by Mr Austin Dobson, for the 'World's Classics.'

[8] This letter is now in the British Museum. The endorsement on the back

is: "Dec. 6, 1753 from Mr Fielding recommending Mr. Saunders Welch to be

in the Com. of ye Peace for Westmr and Middx."

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