The Early History of English Poor Relief

by of Girton College E. M. Leonard

May 2^o 1631.

Samuel Spaldyng, Maior.
Martin Perse.
Richard Foxton.
Edward Copley.
John Wicksted.
Robt. Lukyn.
Thomas Atkinson.
Tho. Purchas.
John Schirewoode.
John Badcocke [397].

As the main part of our evidence depends on the justices' reports we must determine whether the methods described in these returns are typical of those employed all over the country or whether we have reports only from the more energetic justices. Now we hear of some instances of finding work for the unemployed from other sources[398]. If we possessed all the most favourable cases in our reports all or most of these instances would be found amongst them. But this is not the fact; some are reported and some are not. It is clear then energetic administration of the law existed which was not mentioned in the reports now preserved amongst the State Papers. We may therefore conclude that the reports do not come only from vigorous administrators but are fairly typical of the whole country.

The minutes of the meetings at Alton and the report of the justices of Cambridge give us a good idea of the effect of the Orders and Directions on the justices. In the first place they show us that a number of meetings were held in consequence of the Book of Orders. In some cases these meetings seem to have taken place every month throughout the period from 1631 to 1639[399]; but from a report of Lord Fairfax it appears that special inquiries into the requirements of the Book of Orders were made only once a year in his part of Yorkshire[400]. The meetings, even if they were only infrequent, must have had a considerable influence in improving the execution of the poor laws.

On these occasions a number of offences were punished. Some were connected with the relief of the poor because the fines exacted were used for that purpose. Among these were such faults as playing at unlawful games, getting drunk, swearing, the "profanacon of the Saboth," and not going to church[401]. Other cases related to breaches of the vagrancy laws and of that part of the poor law which placed upon the overseers the duty of seeing that all who had not any means were set to work[402].

But the presentment of offenders was only a part of the duties to the poor discharged at the meetings. Arrangements were made for binding children apprentice, and pressure was exercised on the subordinate poor law officials to properly perform their duties. The justices found out how many poor were relieved and what each received, and they inquired whether there was a stock for their employment[403]. They also, when necessary, urged the increase of rates, the raising of a new fund, or the provision of stores of corn to be sold to the poor at lower prices. The whole system shows how much of the social side of government depended upon the justices, and may perhaps induce us to sympathise with the complaint of the gentlemen of Nottingham that they have "little rest either att home or abroade[404]."

4 a. The work of the judges. Authoritative decisions on points of law.

The judges also were concerned in the administration of the system of poor relief partly in the ordinary course of their duties, and partly in consequence of the special action of the Privy Council. It was the custom of the time to obtain interpretations of law from the judges in reply to general questions and not only through the decision of particular cases. These interpretations were given not only in such cases as the imprisonment of Members of Parliament, but also in matters affecting the poor law. A long list of resolutions was arrived at on the statute of 1597-8 concerning the interpretation of that statute[405]. Other questions arose later, and were decided in the same way. Thus in 1620 there was a dispute in the town of Lydd which led to the seizure of the bailiff's cattle and his retirement from the magisterial Bench of his ungrateful town[406]. The query is submitted as to the legality of a tax for the poor which was levied on the inhabitants of a parish for their lands and goods in gross, and on the farmers for their land per acre. Sir Robert Houghton and Sir Ranulph Carew decided in its favour, and the paper is endorsed "The question of taxing for the poor of Lydd decyded by the Judges of Assize[407]." We have already seen that the Council told the justices of Suffolk that it was the resolution of all the judges that they themselves might levy a tax to employ the poor[408], and in 1633 also many decisions on points of law were issued as the resolutions of the judges of assize[409].

4 b. Administrative work as the link between the Privy Council and the justices.