For the first, “the enclosure of the common”— a clause that runs as far as to an encroachment upon Magna Charta, and a most considerable branch of the property of the poor — I answer it thus:—
1. The lands we enclose are not such as from which the poor do indeed reap any benefit — or, at least, any that is considerable.
2. The bank and public stock, who are to manage this great undertaking, will have so many little labours to perform and offices to bestow, that are fit only for labouring poor persons to do, as will put them in a condition to provide for the poor who are so injured, that can work; and to those who cannot, may allow pensions for overseeing, supervising, and the like, which will be more than equivalent.
3. For depopulations, the contrary should be secured, by obliging the undertakers, at such and such certain distances, to erect cottages, two at least in a place (which would be useful to the work and safety of the traveller), to which should be an allotment of land, always sufficient to invite the poor inhabitant, in which the poor should be tenant for life gratis, doing duty upon the highway as should be appointed, by which, and many other methods, the poor should be great gainers by the proposal, instead of being injured.
4. By this erecting of cottages at proper distances a man might travel over all England as through a street, where he could never want either rescue from thieves or directions for his way.
5. This very undertaking, once duly settled, might in a few years so order it that there should be no poor for the common; and, if so, what need of a common for the poor? Of which in its proper place.
As to the second objection, “Who should oblige the undertakers to the performance?” I answer:—
1. Their Commission and charter should become void, and all their stock forfeit, and the lands enclosed and unsold remain as a pledge, which would be security sufficient.
2. The ten persons chosen out of every county should have power to inspect and complain, and the Lord Chancellor, upon such complaint, to make a survey, and to determine by a jury, in which case, on default, they shall be obliged to proceed.
3. The lands settled on the bank shall be liable to be extended for the uses mentioned, if the same at any time be not maintained in the condition at first provided, and the bank to be amerced upon complaint of the country.
These and other conditions, which on a legal settlement to be made by wiser heads than mine might be thought on, I do believe would form a constitution so firm, so fair, and so equally advantageous to the country, to the poor, and to the public, as has not been put in practice in these later ages of the world. To discourse of this a little in general, and to instance in a place perhaps that has not its fellow in the kingdom — the parish of Islington, in Middlesex. There lies through this large parish the greatest road in England, and the most frequented, especially by cattle for Smithfield market; this great road has so many branches, and lies for so long a way through the parish, and withal has the inconvenience of a clayey ground, and no gravel at hand, that, modestly speaking, the parish is not able to keep it in repair; by which means several cross-roads in the parish lie wholly unpassable, and carts and horses (and men too) have been almost buried in holes and sloughs; and the main road itself has for many years lain in a very ordinary condition, which occasioned several motions in Parliament to raise a toll at Highgate for the performance of what it was impossible the parish should do, and yet was of so absolute necessity to be done. And is it not very probable the parish of Islington would part with all the waste land upon their roads, to be eased of the intolerable assessment for repair of the highway, and answer the poor, who reap but a small benefit from it, some other way? And yet I am free to affirm that for a grant of waste and almost useless land, lying open to the highway (those lands to be improved, as they might easily be), together with the eight years’ assessment to be provided in workmen, a noble, magnificent causeway might be erected, with ditches on either side, deep enough to receive the water, and drains sufficient to carry it off, which causeway should be four feet high at least, and from thirty to forty feet broad, to reach from London to Barnet, paved in the middle, to keep it coped, and so supplied with gravel and other proper materials as should secure it from decay with small repairing.
I hope no man would be so weak now as to imagine that by lands lying open to the road, to be assigned to the undertakers, I should mean that all Finchley Common should be enclosed and sold for this work; but, lest somebody should start such a preposterous objection, I think it is not improper to mention, that wherever a highway is to be carried over a large common, forest, or waste, without a hedge on either hand for a certain distance, there the several parishes shall allot the directors a certain quantity of the common, to lie parallel with the road, at a proportioned number of feet to the length and breadth of the said road — consideration also to be had to the nature of the ground; or else, giving them only room for the road directly shall suffer them to inclose in any one spot so much of the said common as shall be equivalent to the like quantity of land lying by the road. Thus where the land is good and the materials for erecting a causeway near, the less land may serve; and on the contrary, the more; but in general allowing them the quantity of land proportioned to the length of the causeway, and forty rods in breadth: though where the land is poor, as on downs and plains, the proportion must be considered to be adjusted by the country.
Another point for the dimensions of roads should be adjusted; and the breadth of them, I think, cannot be less than thus:
From London every way ten miles the high post-road to be built full forty feet in breadth and four feet high, the ditches eight feet broad and six feet deep, and from thence onward thirty feet, and so in proportion.
Cross-roads to be twenty feet broad, and ditches proportioned; no lanes and passes less than nine feet without ditches.
The middle of the high causeways to be paved with stone, chalk, or gravel, and kept always two feet higher than the sides, that the water might have a free course into the ditches; and persons kept in constant employ to fill up holes, let out water, open drains, and the like, as there should be occasion — a proper work for highwaymen and such malefactors, as might on those services be exempted from the gallows.
It may here be objected that eight years’ assessment to be demanded down is too much in reason to expect any of the poorer sort can pay; as, for instance, if a farmer who keeps a team of horse be at the common assessment to work a week, it must not be put so hard upon any man as to work eight weeks together. It is easy to answer this objection.
So many as are wanted, must be had; if a farmer’s team cannot be spared without prejudice to him so long together, he may spare it at sundry times, or agree to be assessed, and pay the assessment at sundry payments; and the bank may make it as easy to them as they please.
Another method, however, might be found to fix this work at once. As suppose a bank be settled for the highways of the county of Middlesex, which as they are, without doubt, the most used of any in the kingdom, so also they require the more charge, and in some parts lie in the worst condition of any in the kingdom.
If the Parliament fix the charge of the survey of the highways upon a bank to be appointed for that purpose for a certain term of years, the bank undertaking to do the work, or to forfeit the said settlement.
As thus: suppose the tax on land and tenements for the whole county of Middlesex does, or should be so ordered as it might, amount to 20,000 pounds per annum more or less, which it now does, and much more, including the work of the farmers’ teams, which must be accounted as money, and is equivalent to it, with some allowance to be rated for the city of London, &c., who do enjoy the benefit, and make the most use of the said roads, both for carrying of goods and bringing provisions to the city, and therefore in reason ought to contribute towards the highways (for it is a most unequal thing that the road from Highgate to Smithfield Market, by which the whole city is, in a manner, supplied with live cattle, and the road by those cattle horribly spoiled, should lie all upon that one parish of Islington to repair); wherefore I will suppose a rate for the highways to be gathered through the city of London of 10,000 pounds per annum more, which may be appointed to be paid by carriers, drovers, and all such as keep teams, horses, or coaches,