The Early History of English Poor Relief

by of Girton College E. M. Leonard

1. Discussions, Bills and Statutes between 1566 and 1576.

In 1566, we find notes in Cecil's handwriting on a scheme for preventing a dearth of grain and on the definition of the word "vagabond." He jots down the words "bearwardes," "Tynkers" and "pedlars," as if he were the author of the definition[126] of "vagabond" that was to cause so much difference of opinion in 1572.

These notes were possibly the basis of two Bills which were introduced into Parliament in the session of 1566. One concerned the punishment of vagabonds and loiterers and was introduced into the House of Commons; the other concerned the provision of grain and was considered by the Lords[127]. In neither case did the Bills become law, but it is worth noticing that the question of the provision of grain had been discussed in Parliament as in 1572, and in 1586 the Privy Council again took action in the matter. In 1571 a new Bill, concerning the punishment of vagabonds and the relief of the poor was introduced, and there was an interesting debate on the first reading[128]. One of the chief speakers, Mr Sands, subsequently took a considerable part in the discussion of 1597. He considered that this Bill of 1571 was "over-sharp and bloody" and thought that milder measures would be more successful. If justices would take the trouble, he said, every man might be relieved at his own home: this was clearly feasible because it was actually done in the county of Worcester. Sir Francis Knollys also spoke and was on the sterner side. He would have had a Bridewell in every town, and have had it maintained by a fine of twelvepence from every "Tippler[129]." This is a good illustration of the way in which Bridewell, an institution originally peculiar to London, influenced the discussions in Parliament and was there suggested as a type or model for similar institutions throughout the country.

Another speaker was Mr Thomas Wilson, to whom we owe the organisation of the Record office of his time. Like a modern secretary of the Charity Organisation Society he told his hearers that "it was no charity, to give to such a one, as we know not, being a stranger unto us."

No statute followed this discussion of 1571, but when Parliament again met in 1572 a Bill was brought into the House of Lords which finally became law. The main feature of the debate in 1572 was a dispute between the Lords and the Commons as to the definition of the word "vagabond." The definition in the Act includes[130] (1) proctors or procurators; (2) persons "using subtyll craftye unlawful Games" and "fayninge themselves to have knowledge in Phisnomye, Palmestrye, and other abused Scyences"; (3) all able-bodied persons not having either "land or maister" who cannot give a satisfactory account of their means of livelihood; (4) all "fencers, Bearewardes, Comon Players in Enterludes and minstrels" not belonging to a Baron or other honourable person of greater degree and all "Juglers, Pedlars, Tynkers and Petye Chapmen" unless the bearwards, tinkers etc. were licensed by two justices of the peace; (5) common labourers, able to work, who refuse to work for the customary wages; (6) all counterfeiters of passes and all who use them knowing them to be counterfeit; (7) all scholars of Oxford and Cambridge who beg without being licensed by Chancellor or Vice-Chancellor; (8) all shipmen not properly licensed; (9) all liberated prisoners who beg without a license, and lastly (10) all persons declared vagabonds by the clauses of the Act which concern the impotent poor. A great many people were thus affected by the Act; the unauthorised beggar, the workman on strike, the poor scholar at the Universities, unless he were duly licensed, and the shipwrecked mariner, as well as the fortune-teller and the proctor or collector of subscriptions. All these were abandoned to their fate, but the clause concerning the suppression of "minstrells, bearwards, pedlers etc." caused a dispute between the Lords and the Commons[131]. These men took the place which shops, circuses and newspapers occupy in the life of to-day, and their total suppression would have meant a considerable loss in the country life of Merry England. After discussion the two houses agreed upon a compromise; it was arranged that these people should be allowed if licensed by two justices of the peace, and the Bill became law as the 14 Eliz. c. 5.

The regulations concerning vagrants are severe, more severe than in any other Act except the slavery statute of 1547. For a first offence, a vagabond was to be whipped and bored through the ear, unless someone would become surety for him and keep him in service for a year. For a second offence, he was to be adjudged a felon, unless he could find a surety who would take him into his service for two years; and for a third offence the vagrant was to be adjudged a felon without clergy and might be punished with death[132].

Special regulations refer to some of the pauper immigrants of the time. In the days of Elizabeth these came chiefly, not from the Continent, but from Ireland and the Isle of Man. The unfortunate people were to be punished as sturdy vagrants and sent home again, while the people who brought them over were to be fined twenty shillings for each immigrant.

But "forasmuche as Charitye would that poore, aged and impotent persons should as necessarylye be provided for, as the said Roges, Vacabondes and Sturdye beggars repressed" the clauses of the enactment deal with relief as well as with repression. The justices of the peace were to make a register of the names 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."