The Early History of English Poor ReliefLeonard, E. M., of Girton College
History
The Early History of English Poor Relief
Leonard, E. M., of Girton College
Poor laws -- Great Britain -- History
There is however possibly another political side to these orders.
The measures which were designed to protect the poor from the undue
rapacity of traders or from the carelessness of parochial officials
were nearly all enforced by proclamations and orders in Council.
Generally these orders were in accordance with the letter of the law
and almost always with the spirit which had dictated the legislation;
but still the fact that proclamations and orders in Council were used
to enforce this popular side of government may have been designed to
increase the popularity of government by this means; it certainly
tended to habituate the justices to their use and to make the majority
of the nation cease to regard them as instruments of tyranny.
This danger was not unforeseen at the time. A knowledge of it probably
influenced the reply of the Scotch justices when they doubted if "ane
simple proclamatioun be ane sufficient warrand" for levying a tax[717],
but there is also a remarkable protest by John Hawarde in 1597 when he
is recording the enforcement of the measures undertaken to help the
poor at that time. He says that engrossers, and forestallers of corn
in London were proceeded against "by the Queen's prerogative only and
by proclamation, councils, orders and letters, and thus their decrees,
councils, proclamations, and orders shall be a firm and forcible law
and of the like force as the Common law or an Act of Parliament." The
Puritan lawyer jealously notes that the builders of illegal cottages
and negligent justices also were to be punished "on the proclamation
and not on the statute[718]." "And this is the intent," he says,
"of the Privy Councillors in our day and time to attribute to their
councils and orders the vigour, force and power of a firm law and
of higher virtue and force, jurisdiction and preheminence' than any
positive law, whether it be the common law or statute law. And thus
in a short time the Privy Councillors of this realm would be the most
honourable, noble and commanding lords in all the world and [have]
the majesty of prince and ruler of the greatest reverence in all the
world[719]."
[717] See above, p. 283.
[718] New houses in London had to be of a certain size and height,
and in the country had to have land attached to them. During the same
setting of this Court the Attorney-General informed against a certain
Negroose and others for building cottages in London "contrary to the
proclamation." One offender was fined £100, another £40, and another
£20, while the houses were destroyed "for their base condition" and the
timber was to be sold for the benefit of the poor. _Les Reportes del
Cases in Camera Stellata_, 1593-1609. John Hawarde, edited by W. P.
Baildon, F.S.A.
[719] _Ib._, pp. 78, 79.
Public-domain text, read in full here on John Shaqi.
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