Law -- England; Poor -- England; Poor laws -- England; Working class -- England
In writing of the criminal law he tells us that "the poor man who to
escape starvation takes victuals to sustain his life, or a garment to
prevent death by cold, is not to be adjudged to death if he had no power
to buy or to borrow, for such things are warranted by the law natural."
I suppose it is doubtful if this was ever good common law to be acted upon
in all criminal courts, but one admires old Andrew for setting it down and
is glad to learn that even in the beginning of the fourteenth century
there were writers on law who were trying to mitigate the rigour of the
law in favour of the poor. They may not have actually stated what the law
exactly was, but they had shrewd ideas at the back of their minds as to
what it ought to be. If they confused the two themselves at times, and
this confused other learned ones in after times, maybe no one has been
much the worse for it. And when Horn laid down in his quaint dog French
that "Les povres fusent sustenuz par les persones rectours des eglises e
par les paroisiens," I fear he was writing of what ought to be rather than
what was the existing common law of the relief of the poor.
I am not at all sure that leaving the matter in the hands of parsons and
parishioners has not been the cause of most of the failure of the Poor
Law. If you have studied parsons and parishioners as a class, you do not
find them peculiarly desirous of providing sustenance for others. Queen
Elizabeth--a very practical lady, much thought of by parsons and
parishioners--was evidently of the opinion that you were asking too much
for the poor when you said that they should have sustenance for nothing.
She it was who enacted that in return for the ideal Saxon sustenance,
which was apparently to be freely given, the poor person was now to give
his work. Churchwardens and overseers, instead of giving free relief had
power to set to work children whose parents could not maintain them, and
make their parents work too if necessary. This was the beginning of the
system that made you chargeable on the parish, and gave the parish a right
to make you work off some of your chargeability.
In the eighteenth century came the interesting and disastrous experiment
of indiscriminate out-door relief. The farmer parishioner discovered he
could get a cheaper labourer by making his fellow parishioners pay some of
the wages in out-door relief. A pauper was a better tenant to have, since
the rent was paid out of the poor rates, a bastard child was an asset in
a household, and in 1821 overseers are known to have shared out the pauper
labourers among themselves and their friends and paid for the labour
wholly out of the poor-rate.
Public-domain text, read in full here on John Shaqi.
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