I

absolutely null. I must add, that notwithstanding the disregard shown to some statutes and some oaths, there was a strong disposition manifested in the members of the college to respect those which they imagined bound them to keep their foundation and their concerns secret.

I am very far from taking upon me to decide, that in all those great institutions, many deviations from the letter of the original statutes, may not have been rendered necessary, and some infractions of their spirit advantageous, by the change of circumstances. But let it be remembered that the committee only investigated, leaving others to act upon the result of the inquiry. We contend for nothing beyond the propriety of having the whole matter examined, and the real state of things exposed to Parliament, and the country. They who object to our proceedings, on the other hand, begin by assuming either that all is right, or that the subject is too sacred to be touched; and they oppose every attempt to let in the light upon what is passing within their precincts, as if the hand of destruction were lifted against establishments, while in truth, we are only for subjecting them to the public eye. Nevertheless, in all such matters, it is consistent with a wise policy to respect even the prejudices of worthy men; and where voluntary improvements in any institution may reasonably be expected, a short delay is well bestowed, to attain the advantages of a reform at once safe and durable. Acting upon this principle, the committee hardly touched the universities, leaving to the distinguished individuals intrusted with their concerns, the task of pursuing the general suggestions of the report, and of adopting such measures, as their more intimate knowledge of the details might point out.

It is natural indeed, even at this early stage of the inquiry, to carry forward our views to the ultimate result, and to ask what measures may arise out of it. For the present I consider that it would be premature to enter minutely into this subject; but some consequences likely to follow from the proceedings in question, appear to deserve attention.

In the first place, if they only lead to an accurate knowledge of all the charitable funds in the kingdom, without detecting a singleabuse, we shall owe to them very valuable information, which has never yet been obtained, notwithstanding frequent attempts for that purpose by different legislative provisions. The inaccuracy of the former returns may be perceived at once, by looking at the abstract of school charities, which Mr. Rickman was kind enough to make from the returns under Mr. Gilbert's act.2 To take only two examples-In the East Riding of Yorkshire, 73 places are said to possess 67 charitable donations for schools, and their united revenue is stated at 8807.; whereas we now have as1 Report 1818.

2 Report 1816, p. 169.

certained that one school alone, that of Pocklington, has a revenue of about 9001. a year.' In Middlesex the whole revenue is returned under 5000l., in 151 donations possessed by 64 places; but the revenues of three schools, the Charter-House, Christ's Hospital and St. Paul's School, are proved to exceed 70,000l. a year.2

Secondly. It must be of the greatest importance, to investigate all the instances of the mismanagement and abuse in charities, although nothing shall be done, except to make them public in all their details by a high authority. When this publicity is given to them, a step is made towards their correction. Where the evil arises from error of judgment, discussion may rectify it, as we frequently have found in the committee, when, examining subscrip tion charities administered on a bad principle, we convinced their patrons of the error, and induced them to amend their plan. Where neglect or breach of trust is committed, the exposure is likely to check it; nay the knowledge that an inquiry is approaching, has in many instances already had this effect. Where further steps become necessary, the interposition of the tribunals now constituted for such superintendence, the visitors and the courts of equity, must be ensured by the attention excited, and facilitated by the information obtained. And if, as is too probable, this remedy should be found inefficacious, both in respect of economy and dispatch, the surest foundation is laid upon which new legislative measures can be grounded. It may therefore fairly be assumed that the inquiry will end, if rightly conducted, in throwing complete light on the state of charities, and in correcting all the abuses, to which they are now liable. The estate of the poor will be, as it were, accurately surveyed, and restored to its rightful owners; or rather rescued from the hands which have no title to hold it, and placed at the disposal of the legislature, the supreme power in the state, to be managed in the way most beneficial to those for whose use it was destined. If it were merely given to those portions of the poor who are literally pointed out by the original destination, and bestowed strictly in the manner described, a great benefit would be gained; and among other advantages, this would result, that charitable persons, confiding in the secure application of their benefactions, might be encouraged to new acts of liberality. But we may reasonably expect a further improvement to follow, from attending to the great changes in the circumstances of the times, and in the revenues of most charities. The will of the donor, which ought to be closely pursued, may often be better complied with, by a deviation from the letter of his directions: an alteration which no man can doubt that he

would have made himself, had he lived to the present day. Thus the founder of Hemsworth Hospital, in Yorkshire, when he appointed it for the reception of twenty poor persons above sixty years of age, appears to have estimated its revenues, as not likely to exceed 70l. a year: they are now more than 2,0007. Who can believe that he meant to convert so many paupers, at a certain period of life, into wealthy annuitants? Or is it probable that the revenues of a school, in Northumberland, exclusively appropriated by the foundation to educate the children of a small chapelry, would have been so limited, had the donor foreseen their increase to such a sum as can only be expended, by attiring the boys in cloth of gold, and giving them editiones principes to read? Or is there a doubt, that the founders of the Leeds Grammar School, had they foreseen the increase of its revenues, as well as of the commercial population of the town, would have gladly permitted arithmetic and the modern languages to be taught, with Latin and Greek, out of funds greater than can now be spent on a learned education? Or can it be imagined that King Edward the Sixth, would have strictly ordered the revenues of the Birmingham charity to be divided between the two masters, had he known that they would amount to 3 or 4,000l. a year? Cases are not wanting of charities which would be highly detrimental to the community were the will of the donors strictly pursued. Thus large funds were raised by voluntary contribution to endow an hospital for the small pox inoculation. Recent discoveries have proved that this practice extends the ravages of the disease. Could any of the original subscribers, were he alive, blame the application of this institution to the vaccine method? The Foundling Hospital has a revenue of 10,000l. a year, which will in a few years, be increased three or fourfold, all intended originally for the maintenance of children "cast off, deserted, or exposed by their parents." Yet such an expenditure of those funds would certainly prove injurious to the community, by encouraging improvident marriages as well as illicit connexions, and thus increasing the numbers of the poor. No one, therefore, can blame the total change of the plan which for the last sixty years has been made, with whatever view, by adopting the rule to admit no child whose mother does not appear to be examined.3 The founder of the Bedford charity certainly never expected that the thirteen acres in Holborn parish, with which he endowed it,

1

See Attorney General . Whitely, 10 Ves. jun. 24. where it is held, "that the words grammar school exclude all learning but the learned languages.

2 Vide Charter 1739. Rep. 1816, p. 215.

3 Rep. 1816, 244.

would let for 7 or 8,000l. a year, and be the means of attracting paupers from every quarter to the town which he especially designed to favor. In all cases of either description, both where much of the benefit plainly intended to be conferred is lost, and where positive injury is occasioned, by closely adhering to the donor's directions, it seems the duty of the legislature to supply his place, and to make such alterations as he might be presumed to sanction were he alive, in like manner as the Court of Chancery endeavours to fulfil his intentions, where his orders are imperfect, or where he has omitted altogether to make a provision.

The course of proceeding which the legislature ought to pursue in dealing with the estates of the poor, is a subject of peculiar delicacy, and closely connected with the great question of the Poor Laws. It is chiefly in this connexion, that I have from the beginning been induced to regard both the subject of charities and of national education. You are aware that my intention is to submit certain propositions to Parliament upon the Poor Laws during the ensuing session, and I shall not here anticipate the discussion which may then be expected to take place. But a few observations may properly find a place in this letter, respecting the connexion between the general question, and permanent charitable funds. The remarks, then, with which I am about to conclude, relate to the principles which ought to regulate the conduct of the legislature in dealing with charities, and which should guide us in forming our opinion upon the relief, likely to be felt by the country, from the due application of funds destined to assist the poor.

I take it to be a principle which will admit of no contradiction, that the existence of any permanent fund for the support of the poor-the appropriation of any revenue, however raised, which must peremptorily be expended in maintaining such as have no other means of subsistence-has upon the whole a direct tendency to increase their numbers. It produces this effect in two waysby discouraging industry, foresight, economy-and by encouraging improvident marriages; nor is the former operation more certain than the latter. It is equally clear that this increase will always exceed the proportion which the revenues in question can maintain. To the class of funds directly productive of paupers belong all revenues of alms-houses, hospitals, and schools where children are supported as well as educated; all yearly sums to be given away to mendicants or poor families; regular donations of religious houses in catholic countries; the portion of the tithes in this

"Languescet industria, intendetur socordia, si nullus ex se metus aut spes, et securi omnes aliena subsidia expectahunt, sibi ignavi, nobis graves."

TACIT.

country which went to maintain the poor before the statutory provision was made; and finally, and above all, that provision itself. But charitable funds will prove harmless (and may be moreover beneficial) exactly in proportion as their application is limited to combinations of circumstances out of the ordinary course of calculation, and not likely to be taken into account by the laboring classes in the estimate which they form of their future means of gaining a livelihood. Thus they may safely be appropriated to the support of persons disabled from working by accident or incurable malady, as the blind, and the maimed; and we may even extend the rule to hospitals generally, for the cure of diseases; nor can orphan hospitals be excepted, upon the whole; for although certainly the dread of leaving a family in want, is one check to improvident marriages, yet the loss of both parents is not an event likely to be contemplated. In like manner, although the existence of a certain provision for old age, independent of individual saving, comes within the description of the mischief, it is nevertheless far less detrimental than the existence of an equal fund for maintaining young persons, and more especially for supporting children. Keeping these remarks in our view, let us add to them the consideration, that as the Poor Laws have been administered, the character of the laboring classes has suffered a material injury, from which it ought by all means to be restored; and we shall come to the conclusion, that the application of charitable funds to purposes of education merely, will be the best means of expending them on a large scale; and that next to this, such donations are to be preferred as directly encourage independence, for example, a provision for the old age of persons who never received alms in any shape; and for defraying the first cost of erecting saving banks. The employment of these resources in helping industry by the supply of tools is a more doubtful application of them, but far more harmless than the methods generally in use. Perhaps, after the uses now mentioned, no expenditure of eleemosynary revenues can be devised more safe than reserving them rigorously for periods of extraordinary distress, and then bestowing them upon persons above the lowest classes, so as to prevent the ruin of householders.

I am very far, however, from asserting that any such strict limitation of the charitable funds already existing ought to be attempted. I only state the principle upon which the legislature should proceed, wherever it is justified in interfering. What

The Poor Rates come clearly within this description as now raised and applied; for though they do not exist previously to the demand on the part of the persons claiming relief, the mode of calling them into existence and the right to do so is known, and that has the same effect.