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].