take away the benefit of the
ancient law from the starving man? The passage that I have quoted is of
such great importance as to this question, that I think it necessary to
add, here, a copy of the original, which is in the old _Norman-French_, of
which I give the translation above. "Sunt tenus burgessours trestous ceux,
que felonisement en temps de pees debrusent esglises ou auter mesons, ou
murs, ou portes de nos cytes, ou de nos burghes; hors pris enfauntz dedans
age, et poures, que, pur feyn, entret pur ascun vitaille de meindre value
q'de xii deners, et hors pris fous nastres, et gens arrages, et autres que
seuent nule felonie faire."

46. After this, _lawyers_, at any rate, will not attempt to gainsay. If
there should, however, remain any one to affect to doubt of the soundness
of this doctrine, let them take the following from him who is always
called the "_pride of philosophy_," the "_pride of English learning_," and
whom the poet POPE calls "_greatest_ and _wisest_ of mankind." It is LORD
BACON of whom I am speaking. He was Lord High Chancellor in the reign of
James the First; and, let it be observed, that he wrote those "_law
tracts_," from which I am about to quote, long after the present poor-laws
had been established. He says (Law Tracts, page 55,) "The law chargeth no
man with default where the act is compulsory and not voluntary, and where
there is not consent and election; and, therefore, if either there be an
impossibility for a man to do otherwise, or so great a perturbation of the
judgment and reason, as in presumption of law a man's nature cannot
overcome, such necessity carrieth a privilege in itself.--Necessity is of
three sorts: necessity of conservation of life; necessity of obedience;
and necessity of the act of God or of a stranger.--First, of conservation
of life; _if a man steal viands (victuals) to satisfy his present hunger_,
this is _no felony_ nor _larceny_."

47. If any man want more authority, his heart must be hard indeed; he must
have an uncommonly anxious desire to take away by the halter the life that
sought to preserve itself against hunger. But, after all, what need had we
of any _authorities_? What need had we even of _reason_ upon the subject?
Who is there upon the face of the earth, except the monsters that come
from across the channel of St. George; who is there upon the face of the
earth, except those monsters, that have the brass, the hard hearts and the
brazen faces, which