1597-1644. THE ADMINISTRATION OF THE POOR LAW AS A WHOLE.
1. Importance of the period 1597-1644. 1. (a) Because it was the period when the relief of the impotent poor became established. We have already examined both the machinery which existed for the execution of the poor law and the different methods which were used for relieving the impotent, for training the young and for If the last Elizabethan poor law had been no more successful than these earlier statutes the whole system of compulsory poor relief would probably have collapsed during the Civil War. The fact that the part of the poor law relating to children and the destitute survived that war, and has ever since formed part of our social organisation may be attributed therefore to the improved administration of the earlier Stuarts. The administrators of this period are thus responsible for the continued practice of any legal system of relief at all. 1. (b) The period 1597 to 1644 is also the only period in which many efforts were made to set the unemployed to work. But the history of administration during this period is important for a second reason. The part of the poor law relating to the impotent poor and children has been enforced ever since the reign of Charles I., but the clauses relating to the unemployed were very little executed after the Civil War. In 1662 the destitute were relieved, but the unemployed were no longer set to work. In this respect therefore the poor law administration of the reigns of the earlier Stuarts is unique. It is interesting therefore to examine the methods then employed a little more closely and see if the instances of the provision of work which we have already considered are isolated cases of this kind of relief or if they are examples of a general system. If the unemployed were at all generally set to work, then this period is important, not only because the legal relief of the destitute then became the practice of the country, but because we then had more poor relief than we have ever had before or since. For a short time a limited kind of socialism was to some extent established. We will therefore now try to find out how the events of the period throw light on these two points; (1) when and how was the system of poor relief thoroughly established, and (2) how far was that part of it which concerned the employment of the poor ever an important part of the social organisation of the country. The two parts of our inquiry are much intermingled, and it is impossible to separate them entirely. But in the first part we will consider the system of poor relief as a whole including the finding of work for the unemployed when it is closely associated with the other portions of the system, and we will afterwards examine more in detail a few points which especially concern the provision of work. 2. The administration of the law in the North and extreme West was negligent. With regard to the relief of the poor as a whole, it seems clear that the law was not equally well administered at all places or in all times. The places in which the administration of the law was least satisfactory were those farthest from the seat of government. They are indicated in some cases by the absence of justices' reports; in others by the character of the reports, or by the distinct statement of the statute of 1662. From Northumberland and Cumberland and some of the counties of Wales we have no justices' reports on the poor law, and we have little evidence from other sources as to any effective enforcement of the law. From Westmoreland and Lancashire we have very few reports until 1637 and 1638, and these seem to indicate that the system of poor relief was then only recently introduced But in the South-east and Midland parts of England and the rest of the Western shires the case was different. During some part of our period the system seems to have been on the whole fairly well organised. 3. The administration of the Poor Law in the rest of England depended upon the action of the Privy Council. But this was not equally the case at all times. It was the case only when the justices were vigilant, and they seem to have been made vigilant mainly by the frequent letters and orders of the Privy Council. It is this action of the Privy Council that seems to make the administration of this period different from that of the sixteenth century, though it was the existence of the justices that caused this action to be so effectual. But the letters and orders of the Privy Council were not always equally frequent even during the period from 1597 to 1644. We have already seen that in 1597 a letter ordering the good execution of the new poor law was sent to all the justices of England and Wales. We have also seen that between 1597 and 1629 this kind of action was exceptional. The Council interfered in particular cases, and in times of scarcity commanded general measures of relief, but before 1629 it did not steadily enforce the administration of general measures with regard to the relief of the poor in ordinary times. But from 1629 to 1640 we find that the matter is altogether different; a commission is appointed, a new organisation is introduced by the Book of Orders of 1630/1, and for nine years the pressure of the Council on the justices is constant and continuous. We have now to see if the improvement in the general administration of the poor law in all parts of the country corresponded to the periods when the Privy Council was vigorous. We will consider first the period between 1597 and 1605, secondly that from 1605 to 1629, and lastly the years from 1629 to 1640. We shall find that there are grounds for believing that the 4. Action of Privy Council and administration between 1597 and 1605. The directions of the Privy Council in 1597 seem to have had an immediate effect both as regards measures of relief and measures of repression. As regards the repressive measures and the efficacy of Houses of Correction the opinion of Lord Coke is decisive. He had many opportunities of knowledge and had no reason for not being impartial. Speaking of the employment and correction of vagrants he says, "And this excellent work is without question feasible. For, upon the making of the statute of 39 Eliz. and a good space after whilest Justices of the Peace and other officers were diligent and industrious there was not a rogue to be seen in any part of England, but when Justices and other Officers became tepidi or trepidi Rogues etc. swarmed again." Speaking of gaols and Houses of Correction he tells us, "Few or none are committed to the common gaol amongst so many malefactors but they come out worse then they went in. And few are committed to the House of Correction or Working-House, but they come out better There was also an improvement with regard to the administration of relief to the more deserving classes of the poor. We have already seen that special energy was displayed in the West Riding of Yorkshire at this time, and that there the justices found it very difficult to administer the law, but did execute it to a considerable extent. In Devonshire also the justices received a letter from the Lord Lieutenant, urging them to take especial care for the relief of those in want, and they too began to take measures for carrying out the law. They revoked the licenses granted for beggars, put in order the Houses of Correction and authorised a system of organised We should also derive a favourable opinion as to the good execution of the law at that time from the Duke of Stettin's account of his journey through England in 1602. Speaking of the Royal Exchange he states, "It is a pleasure to go about there, for one is not molested or accosted by beggars, who are elsewhere so frequently met with in places of this kind. For in all England they do not suffer any beggars except they be few in number and outside the gates. "Every parish cares for its own poor, strangers are brought to the hospital, but those that belong to the kingdom or have come from distant places are sent from one parish to the other, their wants being cared for until at last they reach their home After 1597 therefore the execution of the law appears to have been more vigorous and the improvement is likely to have been connected with the action taken by the Privy Council in that year. 5. Action of the Privy Council and administration between 1605 and 1629. We will now see how the administration of poor relief was carried out between 1605 and 1629. We know that during these years the Privy Council did not make continuous efforts on behalf of the deserving poor. A commission however was contemplated in January 1619/20, and the special measures in connection with the years of scarcity of 1621 to 1623 were much more organised than in former years, and may have suggested an improved administration of the law about that time. We therefore find that on the whole the law appears to have been badly executed but that from 1621 to 1623 some improvement took place. We will first see what are the grounds for thinking the law was badly executed between 1605 and 1629. Lord Coke himself tells us "rogues soon swarmed again" and his opinion is confirmed by the evidence of a tract of this time called "Stanleyes Remedy or the VVay how to reform wandring Beggers, Theeves, high-way Robbers and Pickpockets." This pamphlet was not published until 1646 but seems to have been composed about the year 1606 Another pamphlet complaining of the bad execution of the Another document of 1624 gives precisely the same information. This is a letter from a Mr Williamson to Sir Julius Caesar, the Master of the Rolls, who was one of the most charitably disposed gentlemen of the time. The writer thinks the neglect of the overseers to apprentice children is the true cause of vagrancy. He tells us that the seventeenth century vagrant like the modern tramp was very seldom a man who knew a trade These writings would therefore lead us to believe that justices soon grew careless; the poor were not relieved and in many places there was very little execution of the law at all. All these statements are made by writers who are vigorously supporting only one side of the case but the official evidence of the period confirms their view of the matter. The reasons given for the appointment of the commission suggested in 1619/20 show that the unofficial writers had not exaggerated the However the season of scarcity in 1622-3 was accompanied by a crisis in the cloth trade and the Privy Council was active in enforcing measures of relief. A great improvement was consequently then effected in the execution of temporary measures of corn relief, and some reports indicate that this was accompanied by a better administration of the ordinary poor law also. Thus from Burnham in Buckinghamshire the justices report, "We have alsoe looked into and have caused the poore to bee well provided for in every parrish within this diuision both by stocks to sett them on worke as alsoe by weekely contributions Between the years 1605 and 1629 therefore the administration of poor relief was on the whole negligent and in many districts the poor law was already considered to be of little importance. The government was however still anxious to secure its enforcement and the measures taken to relieve distress in 1622-3 effected an improvement in a few districts. 6. Action of the Privy Council and administration between 1629 and 1644. But from 1629 to 1644 we have a different state of things. We know already that during this period the action of the Privy Council was continuous and constant, and it is in this period therefore that we shall be able to see how far it was effective. The justices' reports, to which we have already often referred are the main sources of our information. We will endeavour to see how far the evidence of the early part of the period confirms the view we have already formed as to the administration of the law at the beginning of the time, and we will secondly try to estimate the evidence as to improvement during this period. 6. a. State of affairs in 1631. The condition of affairs before 1631 is indicated by the preamble to the commission of Jan. 1631/2 and by some of the earlier reports of 1631. The reasons given for the appointment of the commission of 1631/2 are almost exactly the same as those given in the draft of 1619/20. The justices are said as before to be negligent so that the laws were almost obsolete in some parts of the country, and this alone shows that there had been little permanent improvement since 1620. The preamble also refers to an earlier time "vpon the present making of the said lawes," when they were duly executed and thus confirms the evidence as to the good execution of the laws after 1597 The justices' reports of 1631 give us more detailed information of the same kind. One of these was sent from three of the hundreds of Hampshire, Fawley, Bountisborough and But there are other districts in which the justices do not tell us of negligent officials, but rather seem proud of their vigour and yet seem to imply that it was only recently the law had come into force. This is particularly the case in Radnorshire and Cheshire. In two divisions of Radnor the justices say they have appointed overseers, and have given particular directions as to the provision of stocks and return of the names of the poor relieved In two of the divisions of Cheshire the same state of things is implied more definitely. The justices say that they have ordered the collection of a stock for the setting the poor to work and for the relief of the impotent, but they find the people poor and averse to paying money for any purpose of the kind. They fear some time will elapse before these orders can be properly executed. At present these divisions have not got a House of Correction, and the justices wish to have one in the Castle in order that they may be able to subdue the people to subjection Other reports show that the Book of Orders strengthened the hands of reformers; thus in the town of Wells, charities had been negligently administered, but after the issue of the orders the Recorder was able to procure information formerly withheld, and hoped to effect farther improvement by obtaining a commission of charitable uses It is thus fairly clear that before 1631 the law had not been well administered. We will now examine the evidence as to the improvement between 1631 and 1640. 6. b. Improvement effected in 1631 and 1632. The greater number of the reports of 1631 and 1632 point to some execution of the law before 1631 and suggest improvement rather than entire innovation. The justices generally state they have "raised rates" or have bound many more children apprentices or that stocks had been provided in the parishes where there were none before. Two reports enable us to trace the process of improvement in detail, and seem to throw considerable light on the general statements of other documents of the kind. They do not however present so favourable a view as to the execution of the law as most of the other returns. These reports relate to the district of Braughing in Hertfordshire. The overseers of thirteen places in the half hundred of This was only typical of what was going on all over the country. It is of course impossible to quote all the reports of In the returns sent later in the year the organisation appears to be more settled and we hear that not only the rates are raised but that they have had a good effect. Thus in Monslow in Shropshire the justices state "and as for the late booke of orders for the reliefe of the poore and the punishing of rogues and vagabonds wee have had severalle monthlye meetings in the said hundred and wee have long since worked such effect thereby as they have not any rogues or vagabonds appeared amongst vs or walked abroade as wee can heare of since our first meetings, and the impotent poore are relieved in such sort by their parishoners as wee have noe complaints and there are stocks in all parishes more or lesse as the charge of the parishes require to set the able poore on worke 6. c. Improvement maintained between 1631 and 1640. We have now to see whether this improved administration was maintained. The reports are certainly less frequent after 1631 but those that remain shew that the efficiency is preserved and there is much to indicate a farther improvement. We will first examine a few documents which seem to indicate that the area of administration was extending into backward districts, we will then investigate a few cases in which we have reports both in 1631 and in 1638 or 1639, and we will lastly consider a special department of the poor law system, namely the placing of apprentices. We have already noted the fact that in the earlier years of the period there were few reports from Westmoreland and Lancashire. But in 1638 there are a series of documents from Westmoreland We will now examine a few of the cases in which we have We have several other places from which we have similar reports. Skenfreth, one of the hundreds of Monmouth, often sent accounts of the proceedings of the justices. One belongs to May, 1631. The justices state some of the things they did both before the Commission and afterwards. Before the Commission they provided weekly stipends for all the aged and impotent people, "sithence the said commission" they "have taken order that the same stipends shalbe contineually paied soe that none of any such poore people have made any complaint unto us for any mainetenance." Both before and after the commission they had punished rogues and since they had also placed apprentices and suppressed alehouses. Moreover the highways had been last year in better condition than for twenty years before Thus the immediate improvement effected by the commission was that the pensions were paid as well as ordered, apprentices were bound and alehouses suppressed. In May, 1637, we have a report from the same district together with the hundreds of Ragland and Trellech. At that time apprentices were bound, rogues punished and efforts made to secure the observance of fasting days. The justices have also "taken course for provision of stock to sett the poore on worke," and have "caused to be sufficiently relieved all the aged lame and ympotent people There are many other cases in which reports are sent in several times from the same place and all show that the improvement made in 1631 was continued in 1637, 1638 or 1639 We will now examine a few of the reports which relate especially to the placing of apprentices. Before May 1635 the Privy Council or the commissioners seem to have urged the justices to see especially that this part of the law was carried out, and to have asked them to report the names of the apprentices and those of their masters Reports from twenty-one places were sent in between July 17th and July 31st, 1634. In almost every case the justices expressly state that they hold monthly meetings and bind poor children apprentice We thus see that during the years 1630 to 1639 we have a large amount of information concerning the administration of the Poor Law. We find that a great improvement was effected in 1631. We also find that the area of administration continued to extend into the Northern counties after 1631: the difference is indicated by the fact that in 1638 it is exceptional to find a place without a poor rate, whereas in 1631 the Government spoke of the laws as being almost obsolete in many places. We see further that sometimes the later reports come from the same places as the earlier, and that then the administration continues to be reported as good. Lastly, in regard to apprentices we are told that the Privy Council made special efforts to enforce the law, and that all over the country there is evidence that it was enforced though occasionally without favourable results. There is thus reason to believe that the efforts made by the central government to enforce the law were at last successful, and that the period to which we owe the survival of our English system of poor relief is that of the personal government of Charles I. But we have already noticed that not only is this period the critical time in the history of the poor relief that survived, but in one respect the poor relief of this period was unique. Many efforts were made to find work for the unemployed. Relief of this kind was so much a part of the general system of the time that we have already examined many instances in which it was administered. We will first investigate a few more of the reports of 1631, and we shall find that the improvement effected in all parts of 7. The improvement effected in 1631 especially concerned the unemployed. To begin with cases in which improvement was reported in April 1631. From a large district of Hertfordshire we hear "we haue already raysed a stocke in some parishes, and are raysing stocks for the rest to sett all the poore on worke in this division At Winchester the same thing is implied: the stock has been put in a clothier's hands, so that now the poor do not want work In the answers sent in May we have the same kind of information. In Brixton and Wallington we have a report similar to that from Hertfordshire; "stockes of mony," we are told, "are raised in moste of the parishes wthin the said hundrede and burrow and the reste not yet raised are wth as much expedicon as may bee to bee raised for buyinge of flax, hempe and other materialls to set the poore to worke We can thus see that in 1631 the justices were busy raising stocks to provide work for the poor, and that in seventeen documents, or more than half of the reports of the last ten days of April 1631, we are informed that measures had been taken with this object. 8. The detailed report from Bassetlaw throws light upon the more general statements of the justices. We will now examine a more detailed report relating to sixty parishes of Bassetlaw in County Nottingham and sent in during March 1636/7 We have now to try to find out if it was only in a few counties that work was found for the unemployed, or if it was all over England. We have already noted that in the counties north of the Humber, and in the three western counties of Devonshire, Cornwall, and Wiltshire the poor law was apparently less well administered than in other parts of the country. In these counties with the exception of Yorkshire therefore there are few instances in But with regard to the rest of England this is not the case. In every county except Northampton some justices state that they have found employment for the poor. As we might expect this was done most frequently in the towns and in the manufacturing counties, both because in these places there were more rich people and because there were also more unemployed owing to the greater fluctuations of trade. 9 b. Provision of work more necessary in the towns than in the country. A report from Reading and Theale illustrates this: "Wee finde that the able poore in boddy to worke and wch are in country villages and hambletts haue theire ymploymt in husbondrie and by that meanes are mayntayned; other lyen in such countrie townes, populer, incorporate, where heretofore multitudes of such able persons haue lived by worke from the clothier, now through the defect and decaye of that trade and soe consequently of the clothier, thousands of these poore formerlie relieved by worke liue in much want and could hardlie subsist this deere yeare did not many extend theire charity even In the country districts also employment seems to have been provided as well as in the towns whenever the poor suffered much from the want of work. In the western counties, however, there were few complaints of lack of employment, except from the cloth-workers when the trade in cloth was slack. Some justices expressly state that there is no want of work in their part of the country. Thus from a large district of Somerset we hear that there are "none lefte unplaced but such as doe mainetaine their charge by their labor (d) Provision of work in many districts in most counties of the east. But in the east and south-east there was at any rate sometimes a chronic want of employment, and consequently numerous efforts to provide for the able-bodied poor. In the country round Hitchen we are told, as in the Reading district, that it is the poor in the town that are distressed, but in the hamlets the farmers find work for the inhabitants. The justices say they have no manufacture, and they do not know how to find a remedy for the people in the town. At one time they make the richer people employ the poor, but they do not find the experiment successful There are very many reports of stocks for the provision of work in other country districts of the east. In Hertfordshire, Suffolk, Norfolk, and Cambridge there is much to make us think the system was nearly general In a district of Middlesex the unemployed were sent to fight for Gustavus Adolphus 10. Summary. We have thus seen that in 1631 the improvement in the administration of poor relief concerned especially the relief of the able-bodied poor, and we have We may, therefore, say that from 1631 to 1640 we had more poor relief in England than we ever had before or since. We shall try to estimate later how far this system was successful. But we will now see what happened to the organisation of English poor relief during the Civil War. We will also trace the history of poor relief in France and Scotland during the sixteenth and seventeenth centuries, in order that we may see that the history of poor relief in England is unique. |