The Early History of English Poor Relief. of Girton College E. M. Leonard
of the poor in every parish and habitations were to be found for them. Every month the mayor and high constable were to make search for the strange poor and were to send them back to their own neighbourhood.
When the poor had been thus settled the justices in the country and mayors in the towns were to estimate how much it would cost to maintain them. They were then "by their good discretions" to "taxe and assesse all and every the Inhabitauntes," dwelling in their divisions, "to suche weekely charge as they and everye of them shall weekely contribute towardes the Releef of the said poore People."
The mayors and justices were also to appoint collectors and overseers, and the "obstinate person" who refused to contribute was to be brought before two justices and sent to gaol unless he became obedient.
Thus the Act of 1572 does not enforce compulsory payments in the case of obstinate individuals only, like the statute of 1562–3; it also enforces the compulsory payment of an assessed sum upon all the parishioners. The admonition of the bishop is succeeded by the compulsion of the law. This clause of the Act, however, still expresses hesitation; if the parishioner failed to pay, the poor rate could not be immediately distrained; the offender must be brought before two justices and if he remained disobedient was to be sent to gaol. The old theory, that gifts for the poor were good for the giver and should be voluntary, thus still left its traces though henceforward the compulsory poor rate was a part of English law.
In this respect the statute merely adopts a principle which we have seen was already enforced in some of the towns, and its chief regulations do not in any way alter the control of relief exercised by the municipal authorities. On the contrary, the mayors or other head officers are expressly ordered to take the initiative in the towns and are made legally responsible for the execution of the law.
Although the clauses against vagabonds are so unusually severe in this statute the provision for the employment of the poor is very small. This deficiency was therefore supplied by an Act passed four years afterwards.
18 Eliz. c. 3.
By a statute passed in the Parliament of 1575–6 a stock of wool, flax, hemp, iron or other stuff was to be provided in every city and corporate town and in every market town when thought necessary by the justices "to the Intente Yowthe may be accustomed and brought up to Laboure and Worke, and then not lyke to growe to bee ydle Roges and to the Entente also that suche as bee alredye growen up in ydlenes and so Roges at this present maye not have any juste excuse in sayeng they cannot get any Service or Worcke … and that other poore and needye persons being willinge to worcke maye bee set on worcke." Moreover Houses of Correction were to be built in every county and thither were to be sent all who refused to do the work provided for them[133].
These two Acts of 1572 and 1576 were three times continued[134] and remained the basis of the English Poor Law until the whole question was reopened and thoroughly discussed in 1597. In 1593, however, the clauses relating to the death, imprisonment and boring through the ear of vagabonds were repealed and the whipping punishments of the 22 Hen. VIII. were again revived[135].
2. Legislation between 1576 and 1597.
Between 1576 and 1597 three other statutes were passed dealing with special aspects of the subject. The 31 Eliz. c. 7 was designed to prevent an increasing number of poor families from settling in the country. Only one family might live in one house and no house was to be built in the country unless it had four acres of land attached[136]. The 35 Eliz. c. 6 was passed to prevent an increasing number of poor families from settling in London. In the cities of London and Westminster and for three miles round no new houses were to be built except for people who were assessed in the subsidy book at £5 in goods or £3 in lands. No existing houses were to be divided into tenements and no "inmates[137]" were to be received.
A third Act also passed in 1592–3 made special provision for soldiers and sailors. They were ordered to return to their own neighbourhoods, and the justices were empowered to levy an additional rate for their relief, which was to be distributed to them by Treasurers appointed in every county for the purpose[138].
But it was in 1597 that the many aspects of legislation affecting the poor were thoroughly discussed.
3. The Bills and Statutes of 1597.
During the years from 1594 to 1597 there was a great dearth of corn and the price rose in some cases to four or five times the average price of the preceding years. There were rebellions in many parts of the country and great distress in all. Parliament met on the 24th Oct. 1597 and the first measure read a first time by the House of Commons was one dealing with forestallers, regrators and engrossers of corn[139]. Francis Bacon then spoke about enclosures. For "Inclosure of grounds," he said, "brings depopulation, which brings first Idleness; secondly decay of Tillage; thirdly subversion of Houses and decay of charity, and charges to the Poor; fourthly impoverishing the state of the realm." He therefore brought forward two Bills on the subject, "not drawn with a polished pen, but with a polished heart, free from affection and affectation[140]." A committee was appointed to consider the matter, which was to meet in the Exchequer Chamber in the afternoon of the same day.
Later, Mr. Finch addressed the House, "shewing sundry great and horrible abuses of idle and vagrant persons greatly offensive both to God and the world; and further shewing the extream and miserable estate of the Godly and honest sort of the poor Subjects of this realm," and it was decided that these matters also should be referred to the committee already appointed for enclosures[141].
A few days later Sir Francis Hastings complained that this committee had so far "spent all their travel only about the said Inclosures and Tillage, and nothing about the said rogues and poor[142]." He therefore asked that Bills on these subjects should be considered by the House. At least seventeen Bills concerning this matter were brought forward during the Session of 1597–8, and on Nov. 19th a large and influential committee was appointed to which thirteen of these Bills were referred. To this committee belonged some of the most famous men in the House, for it included amongst its members Sir Francis Bacon, Sir Thomas Cecil and Sir Edward Coke. There were others also who seem to have had special knowledge in matters concerning the poor, such as Edward Hext, a justice of Somerset, who had already written a long letter to Cecil concerning vagabonds; and Sir Thomas Wroth, who seems to have been the special champion of the poor[143]. Their meetings were held in the Middle Temple Hall and continued for the greater part of the Session[144].
The titles of twelve of the Bills then considered give us some idea of the many sides of the question that were then discussed. The following drafts were submitted; the Bill for "erecting of Houses of Correction and punishment of rogues and sturdy beggars and for levying of certain sums due to the poor," for the "necessary habitation and relief of the poor, aged, lame, and blind in every parish," for "relief of Hospitals, poor prisoners and others impoverished by casual losses," for "supply of relief unto the poor," for "petite forfeitures," for "the better relief of souldiers and mariners," for "the better governing of Hospitals and lands given to the relief of the poor," for "extirpation of Beggery," "against Bastardy," "for setting the poor on work," and "for erecting of hospitals or abiding and working houses for the poor." These Bills concern both the relief of the poor and methods of dealing with vagrants; so far as the former was concerned the committee rejected all these proposals and brought in a new Bill of their own. But the Bill for Houses of Correction was amended in the Commons and sent up to the Lords[145].
In the Upper House also there was then much discussion. A bill "for the relief of the poor in time of extream dearth of corn" apparently originated there[146]. Most interest, however, was excited by the Bill for Houses of Correction. The Lords appointed one committee to discuss both Bills and amongst its members were Lord Burghley and Archbishop Whitgift. Several amendments were proposed by the committee which were not at first approved by the whole House. The Lord Chief Justice was therefore consulted and some, if not all, of the additions were accepted[147]. The Bill was sent down to the House of Commons with the amendments. The Commons referred the matter to a committee in which Sir Walter Raleigh took the chief part and which included Francis Bacon, Wroth and Hext. Raleigh proposed a conference with the Lords on the subject. The Lords assented to the conference with the proviso that whatsoever had been amended or added by their Lordships "could not now be altered by the orders of the House[148]." Sir Walter Raleigh reported