The Law and the Poor

by Sir Edward Abbott Parry

Every citizen will have a right to sufficient food, clothing, housing, and entertainment in exchange for reasonable hours of work. The spirit of humanity will so greatly have been improved that it will be very little necessary to extort proper conditions for the lives of citizens or to protect the weak from exploitation by the strong. Litigation and war will be out of date and replaced by conciliation and arbitration. In a word, the reign of love and unselfishness will have commenced.

We may not even see my beautiful world from afar, but this need not dismay us, for we know it is there, and we know that every effort we make to serve the cause of the poor helps to clear the path through the desert along which the coming armies of victory will march in triumph. The cause of the poor has always been the greatest cause in the world, and the generation that has at length understood it, and fought for it and won it, will find itself standing at the open gates of the promised land.

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INDEX

Abinger, Lord Chief Baron, his judgment in Priestley v. Fowler, [77], [78], [95], [96]
Ademantus, [254]
Administration orders in bankruptcy, [119-124]
Alehouse, the, [252-270]
“Alton Locke,” slums described in, [238]
American judiciary and working classes, [93], [94], [95];
and workmen’s compensation, [103]
Appeals, cost of, [175]
Artisans Dwelling Act, 1875, [241]
Asquith, Right Hon. Herbert Henry, on workmen’s compensation, [87]
Attorney-General v. The Edison Telephone Co., [83]
Bacon, Lord Chancellor, [305]
Bail, unnecessary refusal of, [226];
statistics of this, [228], [229]
Balfour, Right Hon. Arthur James, on intemperance, [255], [256]
Bankruptcy, [106-124];
failures due to extravagance, [115-117];
not open to the poor, [118];
administration orders, [120];
exorbitant Treasury fees, [122-124]
Bell, Alexander Graham, [82]
Belloc, Hilaire, [254]
Bentham, Jeremy, on legal evidence, [192]
Bias in judges, [96-103]
Bills of Sale Acts, [168]
Black Act, 1722, [218]
Blasphemy Laws, [199], [200]
Blue Books, [301], [302]
Bradlaugh, Charles, [199]
Bridewell, the, [9-10], [213]
Bright, John, [99]
Brougham, Lord, on imprisonment for debt, [48], [49];
on the Evidence Amendment Act, [193];
on Chancery reform, [287], [288]
Butler, Samuel, [211]
Cadaval, Duke de, arrested on mesne process, [46]
Capias ad satisfaciendum, [37], [39]
Carlyle, Thomas, on history, [21];
on language, [108], [110];
on fools, [153];
on land question, [250]
Cattle maiming, [216-219]
Chamberlain, Right Hon. Joseph, on workmen’s compensation, [87-90];
on administration orders, [119], [120];
is housing work in Birmingham, [241]

Chancery Court, and Lord Brougham, [287]
Children, treatment of, in workhouses, [280], [282]
Closing time, regulations for rich and poor, [263], [264]
Clough, Arthur Hugh, [169]
Cobbett, Sir William, [186]
Coke, Sir Edward, Chief Justice, his description of peine forte et dure, [11], [201];
on early Poor Laws, [274], [275]
Collier, Sir Robert, on imprisonment for debt, [55], [56]
“Compleat Constable,” The, [4-7]
Conciliation in trade disputes, [110]
Conciliation, preliminary of, in France, [187]
Corporal punishment, advisability of, discussed, [209-212]
Costs in police court, abolition desirabie, [222]
Cottenham, Earl of, his Insolvency Bill, 1837, [45-47]
County Court procedure, expense of, [184]
Court of Criminal Appeal Act, 1907, [194], [197], [198]
Crabbe, on lawyers, [183]
Cranmer, Thomas, Archbishop of Canterbury, on divorce, [125], [126], [127]
Crime and punishment, [189-212]
Criminal Appeal, Court of, [189]
Criminal Evidence Act, 1898, [194-196]
Criminal Law Amendment Act, [210]
Cruelty to Animals Bill of 1811, [219]
Davey, Lord, on workmen’s compensation, [92]
Deane, Mr. Justice Bargrave, on divorce, [137]
Debt, imprisonment for, Old Testament view of, [22];
New Testament view of, [24];
Greek law of, [27];
Roman law of, [31];
in Papal Rome, [34];
in time of Henry III., [36-39];
in eighteenth century, [41], [43];
in “Pickwick,” [45];
mesne process, [45];
debates on, in 1837, [46];
in 1869, [50-57];
evils of, [59-68];
arguments against abolition, [69-71];
none in Germany, [71];
nor in France, [72];
wastefulness of system, [72];
encourages improvidence, [157-160];
in police courts, [220], [222];
political views on abolition of, [288-293]
Debtors Act, 1869, [41], [49-57], [158]
Debtors’ prisons, [41-47]
Dendy, Mr. Registrar, on divorce in County Court, [146]
Denman, Lord, speech on imprisonment for debt, [46]
Dickens, Charles, on imprisonment for debt, [45];
on the living wage, [108];
on the evidence of prisoners, [194];
on slums, [238];
on inns and innkeepers, [257-259]
D’Israeli, Benjamin, slums described in “Sybil,” [239-242]
Distress, law of, [233]

Divorce, [125-151];
in time of Edward VI., [125-128];
Act of 1857, [131];
hard cases of poor, [133-141];
necessity of using County Court, [144-146], [297]
Dogberry, abolition of discussed, [223], [224]
Edalji, [217]
Edward VI., [126]
Edward VII., [126]
Eliot, George, [174]
Elisha, and imprisonment for debt, [22], [23]
Elizabeth, Queen, her Poor Law, [276]
Employers Liability Act, 1880, [86]
Erewhon, treatment of crime in, [211]
Erskine, Lord, and cruelty to animals, [219]
Eviction, [234]
Evidence, prisoners right to give, [193];
Criminal Evidence Act, 1898, [194];
of Crown not available to prisoner, [207-209]
Exekestides, [27]
False pretences, [202], [203]
Fielding, as a magistrate, [213]
Fieri facias, [39]
Fines in police courts, unfair incidence of, [221], [222];
time for payment of, [224];
statistics of, [225];
abolition of, [297]
France, no imprisonment for debt, [72];
divorce law, [143], [147];
preliminary of conciliation in, [187];
poor law, [283]
Fuller, on burning of heretics, [200]
Geographical distribution of crime, [216]
Germany, no imprisonment for working men debtors, [71];
divorce in, [147]
Gilbert, Lord Chief Baron, [37], [39]
Goldsmith, Oliver, [13], [14]
Gordon, Cosmo, Archbishop of York, on divorce, [128]
Gordon, Mr. Justice, of Australian Labour Court, [110]
Governor of gaol, charity to poor debtors, [65]
Grand jury, [181]
Grantham, Hon. Mr. Justice, [101];
on poor prisoners defence, [196]
Gray, Professor John Chipman, of Harvard, [80];
on judge-made law, [81]
Haldane, Viscount, [66], [215]
Hale, Sir Matthew, Lord Chief Justice, [100]
Halsbury, Earl of, on workmen’s compensation, [92]
Hard labour for unconvicted prisoners, [227], [228]
Headlam, John, an old-fashioned Dogberry, [227], [228], [229]
Herschell, Lord, on prisoners giving evidence, [195]
Hogarth, [10], [15]
Homestead laws of America and Canada, [293], [294], [295]

Hood, Tom, [108]
Horn, Andrew, his “Mirror of Justices,” [275]
Housing question, [236-251];
Royal Commission, 1884, [242];
Select Committee, 1902, [244]
Identification of prisoners, present methods criticised, [230], [231]
Imprisonment for debt. See [Debt].
Innkeeper, independence of, [258]
Jeremiah, and the living wage, [108], [113]
Jessel, Sir George, on imprisonment for debt, [50]
Johnson, Dr., [4];
on the poor in England, [13], [14];
on public executions, [15], [16];
on imprisonment for debt, [70];
on the formation of laws, [70]
Johnson, William, miners’ agent, his views on imprisonment for debt, [292]
Judge-made law, [79-85]
Judgment summonses, statistics of, [60], [63]
Judicial irrelevancy, [180]
Judson, Frederick N., author of “The Judiciary and the People,” [94]
Justice of peace, utility of lay justices, [231]
Kelvin, Lord, [82]
Kingsley, Charles, [108];
on slums, [238];
on teetotallers, [264-266], [270]
Kipling, Rudyard, [303]
Landlord and tenant, [233-251]
Land transfer system, assists fraud, [183]
Leniency to well to do in criminal courts, example of, [205], [206]
Licensing, class regulation of, [253];
section 4 of Act of 1904, [256];
effect of reducing number of licences, [261];
extension of hours for rich, [263];
prohibition of amusements, [267]
Living wage, [108], [109], [110]
Lysons v. Andrew Knowles, [175]
McMahon, M.P., on imprisonment for debt, [55]
Malicious injury to property, [217], [218]
Manitoba, homestead laws of, [294], [295]
Marcus Aurelius, [299], [306]
Married Women’s Property Act, undesirable use of, [161-170]
Matthew, and imprisonment for debt, [24], [25]
Maule, Mr. Justice, on divorce, [129]
Maxwell, Rev. Dr., [13], [14]
Mayence, public beer drinking at, [262]
Medical officer of health, status of, [248]

Menander, on marriage, [163]
Mesne process, arrest on, [45];
abolished, [49]
Mesnil, M. Henri, on divorce, [143]
Moryson, Fynes, [8], [11], [34], [35]
Newman, Cardinal, [307]
Ordeal of battle, [308], [309]
Overbury, Sir Thomas, [11]
Overcrowding, [245];
census statistics of, [246]
Parry, Serjeant, [99]
Peine forte et dure, [12]
Pepys, Samuel, [4]
Pickersgill, M.P., on prisoner giving evidence, [196]
Pickwick, and imprisonment for debt, [45], [47]
Piers Plowman, on debt, [75];
on law and poor, [172], [173];
on lawyers, [188]
Police courts, abolition of fines, [297]
Poor law, [271-284];
Royal Commission, report of, [272];
in time of Elizabeth, [276];
in eighteenth century, [276];
in 1834, [277];
general mixed workhouses, [278-284]
Poor man’s lawyer, necessity of, [184-187]
Poor Prisoners Defence Act, [194-197]
Priestley v. Fowler, [76-79]
Procedure and the poor, [172-188]
Public houses, [252-270]. And see [Licensing].
Railway Conciliation Boards, and their working, [111], [112]
Raleigh, Sir Walter, [1], [3]
Regina v. Thomas Hall, [129]
Registrars of County Courts and private practice, [72], [73]
“Reformatio Legum Ecclesasticarum, The,” [125]
Ridley, Sir Matthew White, on workmen’s compensation, [87]
Rivers Pollution Acts, [248]
Roe, Gilbert, author of “Our Judicial Oligarchy,” [86], [94]
Rogues and Vagabonds, [4-7]
Ruskin, John, [108]
Sabbatarianism, evils of, [215]
Salford quarter sessions in 1824, [17]
Salisbury, Earl of, [244], [245]
Schuster, Dr., on German system of debt collecting, [71]
Scold, common, trial and punishment of, [235]
Scots divorce, [126]
Scott, Sir William, [15]
Seisachtheia, The, [29]
Selden, John, on marriage contract, [150]
Shop lifting by ladies, [204]
Sims, George R., his “How the Poor Live,” [242], [243]
Sittlichkeit, [66]
Slums, legislation against, [236]
Smith, Judge Lumley, on divorce costs, [148], [149]

Smith, Rev. Sidney, on prisoners’ right to counsel, [190], [191];
on prisoners’ inability to give evidence, [192]
Smith, Sir A. L., Master of the Rolls, on workmen’s compensation, [89]
Smollett, [9], [42]
Snowden, Philip, M.P., and the living wage, [109];
on strikes, [111]
Socrates, on thirst, [255]
Solicitors, speculative, [175]
Solon, and imprisonment for debt, [27-31]
Starkie, Sir Thomas, [17]
Stephen, Mr. Justice, decision in telephone case, [82]
Stipendiary magistrates, want of in country, [223];
necessary in interests of justice, [231]
Sumner, Lord, [180], [181]
Swift, on lawyers, [181], [182]
Taylor, Jeremy, his prayer for debtors, [75]
Teetotallers, persecution of licence holders by, [259];
their ideals, [260];
Charles Kingsley’s views of, [264-266], [270]
Telephone, legal position of, [82], [83]
Tennant, Mrs., report on divorce, [136]
Thackeray, on prisoner giving evidence, [193]
Torrens Act, 1868, [241]
Treasury fees on Administration Orders, exorbitancy of, [121-124], [298]
Twelve Tables, The, [32]
Tyburn, [7], [15], [16]
Vinogradoff, Professor, [84]
Warrington, Harry, imprisonment for debt, [45], [46]
Webb, Mrs. Sidney, her report on poor law, [280]
Weston, Richard, trial of, [11], [12]
Whipping, punishment of, [6-9], [209-212]
Witchcraft, [100]
Workhouses, [271-284]. And see [Poor Law].
Workmen’s compensation, [76-105];
history of the law, of, [76-84];
employers liability, [86];
in Court of Appeal, [90-93];
in America, [94], [103];
[162], [286];
and conciliation, [298]
Wyrley, cattle maiming at, [219]
York, Archbishop of, on divorce, [136], [137]

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