14 COBBETT'S [No. 



things which men of property, above all others, ought 

 to wish to see maintained, seeing that, according to 

 the opinions of the greatest and the wisest of men, 

 they must suffer most in consequence of the abolition, 

 of those laws ; because, by the abolition of those laws, 

 the right given by the laws of nature would revive, 

 and the destitute would take, where they now simply 

 demand (as BLACKSTONE expresses it) in the name of 

 the law. There has been some difference of opinion, 

 as to the question, whether it be theft or no theft ; or, 

 rather, whether it be a criminal act, or not a criminal 

 act, for a person, in a case of extreme necessity from 

 want of food, to take food without the assent and even 

 against the will, of the owner. We have, amongst 

 our great lawyers, SIR MATTHEW HALE and SIR WIL- 

 LIAM BLACKSTONE, who contend (though as we shall 

 see, with much feebleness, hesitation, and reservation, ) 

 that it is theft, not withstan ding the extremity of the 

 want; but there are many, and much higher authorities, 

 foreign as well as English, on the other side. Before, 

 however, I proceed to the hearing of these authorities, 

 let me take a snort view of the origin of the poor laws 

 in England; for that view will convince us, that, 

 though the present law was passed but a little more 

 than two hundred years ago, there had been something 

 to effect the same purpose ever since England had been 

 called England. 



14. According to the Common Law of England, 

 as recorded in the MIRRODR OF JUSTICES, a book which 

 was written before the Norman Conquest ; a book in 

 as high reputation, as a law-book, as any one in Eng- 

 land; according to this book, CHAPTER 1st, SECTION 

 3d, which treats of the "First constitutions made by 

 the antient kings ; " according to this work, provision 

 was made for the sustenance of the poor. The words 

 are these : " It was ordained, that the poor should be 

 sustained by parsons, by rectors of the church, and 

 by the parishioners, so that hone of them die for want 

 of sustenance" Several hundred years later, the ca- 

 nons of the church show, that when the church had 

 become rich, it took upon itself the whole of the care 



