n, stated what the law is, and also the
reasons for its honest enforcement in the particular case immediately
before us, I will next endeavour to show you that it is founded in the law
of nature, and that, were it not for the provisions of this law, people
would, according to the opinions of the greatest lawyers, have _a right_
to _take_ food and raiment sufficient to preserve them from perishing; and
that _such taking_ would be neither _felony_ nor _larceny_. This is a
matter of the greatest importance; it is a most momentous question; for if
it be settled in the affirmative--if it be settled that it is _not felony,
nor larceny,_ to take other men's goods without their assent, and even
against their will, when such taking is absolutely necessary to the
preservation of life, how great, how imperative, is the duty of affording,
if possible, _that relief which will prevent such necessity_! In other
words, how imperative it is on all overseers and justices to obey the law
with alacrity; and how weak are those persons who look to "_grants_" and
"_subscriptions_," to supply the place of the execution of this, the most
important of all the laws that constitute the basis of English society!
And if this question be settled in the affirmative; if we find the most
learned of lawyers and most wise of men, maintaining the affirmative of
this proposition; if we find them maintaining, that it is neither _felony_
nor _larceny_ to take food, in case of _extreme necessity_, though without
the assent, and even against the will of the owner, what are we to think
of those (and they are not few in number nor weak in power) who, animated
with the savage soul of the Scotch _feelosophers_, would wholly abolish
the poor-laws, or, at least, render them of little effect, and thereby
constantly keep thousands exposed to this dire necessity!

9. In order to do justice to this great subject; in order to treat it with
perfect fairness, and in a manner becoming of me and of you, I must take
the authorities _on both sides_. There are some great lawyers who have
contended that the starving man is still guilty of felony or larceny, if
he take food to satisfy his hunger; but there are a greater number of
other, and still greater, lawyers, who maintain the contrary. The general
doctrine of those who maintain the right to take, is founded on the law of
nature; and it is a saying as old as the hills, a saying in every language
in the world, that "_self-preserv