Matthew Hale
(1683)
A Discourse Touching Provision for the Poor
A Discourse touching Provision for the Poor.
Written by Sir Matthew Hale, late Lord Chief Justice of the
Kings-Bench.
London, Printed for William Shrowsbery, at the Bible in
Duke-Lane, 1683.
The Preface.
A Due care for the relief of the Poor is an act, 1, of great
Piety towards Almighty God, who requires it of us: He hath left
the Poor as his Pupils, and the Rich as his Stewards to provided
for them: It is one of those great Tributes that he justly
requires from the rest of Mankind; which, because they cannot pay
to him, he hath scattered the Poor amongst the rest of Mankind as
his Substitutes and Receivers.
2. It is an act of greatest Humanity among men. Mercy and
Benignity is due to the very Beasts that serve us, much more to
those that are partakers of the same common nature with us.
3. It is an Act of great Civil Prudence and Political Wisdom:
for Poverty in it self is apt to Emasculate the minds of men, or
at least it makes men tumultuous and unquiet. Where there are
many very Poor, the Rich cannot long or safely continue such;
Necessity renders men of Phlegmatick and dull natures stupid and
indisciplinable; And men of more fiery or active institutions
rapacious and desperate.
At his day is seems to me that the English Nation is more
deficient in their prudent provision for the Poor than any other
cultivated and Christian State; at least that have so many
opportunities and advantages to supply them.
In some other Countries a Beggar is a rare sight; Those that
are unable to maintain themselves by Age or Impotency are
relieved. And those that are able to supply their wants by their
Labour are furnished with Imployments suitable to their
condition.
And by this means there is not only a good and orderly
Education and a decent face of the pubick; But the more populous
the State or Country is, the richer and the more wealthy it is.
But with us in England for want of a due regulation of things
the more Populous we are the Poorer we are; so that, that wherein
the Strength and Wealth of a Kingdom consists, renders us the
weaker and the poorer.
And which is yet worse, Poor Families which daily multiply in
the Kingdom for want of a due order for their Imployment in an
honest course of life, whereby they may gain subsistance for them
and their Children, do unavoidably bring up their children either
in a Trade or Begging or Stealing, or such other Idle course,
which again they propagate to their Children, and so there is a
successive multiplication of hurtful or at least unprofitable
people, neither capable of Discipline nor beneficial Imployment.
It is true we have very severe Laws against Begging, the very
giver being in some cases subject to a penalty by the Statute of
1. Jac. cap. 17. But it takes little Effect. And indeed as the
case stands with us, it is no reason it should: for what man that
is of ability can have the conscience to deny an Alms, or to
bring a Wanderer to the punishment directed by that Statute, and
the Statute of 39 Eliz. when he cannot choose but know that there
is not that due course provided, or at least used, that persons
necessitous, and able to work may have it; indeed were there a
clear means practiced for the imploying poor persons, it were an
uncharitable action to relieve them in a course of Idleness. But
when I do not know there is such a Provision, I dare not deny my
relief, because I know not whether without it he may be starved
with hunger, without his own default.
We have also very severe Laws against Theft, possibly more
severe than most other Nations, yea, and than the Offence in it
self simply considered deserves; And there is little to be said
in the defence of the severity of the Law herein, but the
multitude of the Offenders and the design of the Law rather to
terrify than to punish, ut metus in omnes, poena in paucos: But
it is most apparent that the Law is frustrated ot its design
therein; for although more suffer at one Sessions at Newgate for
Stealing and Breaking up Houses, and Picking of Pockets, and such
other Larcenies out of the protection of clergy, than suffer in
some other Countries for all offences in three years, yet the
Jayls are never the Emptier: Necessity and Poverty, and want of a
due Provision for the Imployment of Indigent persons, and the
custom of a loose and idle life, daily supply with advantage the
number of those who are taken off by the Sentence of the Law: and
doubtless as the multitude of Poor, and necessitous, and
uneducated persons, increase, the multitude of Malefactors will
increase, notwithstanding the Examples of Severity.
So that upon the whole account the prudence of prevention, as
it is more Christian, so it will be more effectual than the
prudence of remedy: The prevention of poverty, idleness, and a
loose and disorderly Education, even of poor Children, would do
more good to this Kingdom than all the Gibbets, and
Cauterization, and Whipping Posts, and Jayls in this Kingdom, and
would render these kinds of Disciplines less necessary and less
frequent.
But hitherto I am in generals, which rarely prosper into
Action or conviction: I therefore shall consider principally
these things:
1. What Provisions there are already settled by the Laws in
force for the Relief and Imployment of the Poor.
2. Wherein the Defects are, in relation to those Laws or
Provisions, and the consequences thereof.
3. What may be thought a convenient Supply of these defect,
and the Consequence of such supplies.
A Discourse Touching Provision for the Poor.
Chap. I.
Touching the Laws at present in force for the Relief and
Imployment of the Poor.
The Laws relating to the Poor are of two kinds, viz. 1. Such
as concern the relief of the Aged, and Impotent, that are not
able by their labour to maintain themselves. 2. Such as concern
the imployment and setting of work, of such as are able. And this
latter as shall be shewn is the more comprehensive and beneficial
charity, although both are necessary and become us, both as men
and as Christians; much more touching the former of these, viz.
the relief of the impotent Poor, the laws of England have
provided a double remedy. First, by giving great encouragement to
voluntary undertakings of good and liberal minds in this kind. 2.
by Compulsary means upon all.
Again as touching the former of these, the Statute of 39
Eliz. Cap. 5. have given a great incouragement to such as shall
Erect Hospitals, Houses of Correction and Maisons de Dieu. And
the Statutes of 39. Eliz. Cap. 6. and 43. Eliz. Cap. 4. have
taken special care for the due imployment of gifts to charitable
uses. and certainly such voluntary Assignations argue an
Excellent and Charitable mind in those that shall so voluntarily
give; And the Statutes have give a fair Incouragement to the
Charaties of men in this kind. But this provision doth but little
in order to relief: For 1. for the most part such Hospitals
extend but to a few aged Persons limited to some particular Town,
unless it be in the large Hospitals, in London, where there is
some provision more Extensive in respect both of number and age,
as St Thomas Hospital, Christ Church Hospital and some others. 2.
But besides this those are but Voluntary and not Compulsary;
although there may be some that may be charitably minded, yet for
the most part men are backward in works of charity; Self love,
Covetousness, distrust of the Truth and Providence of God keeps
most from overflowing Charity or Building or Endowing Hospitals.
2. Therefore there was a Compulsory laid upon men for the
relief of the Poor within their respective Parishes, viz. the
Statute of 43. Eliz. Cap. 2, being the first compulsory Law that
I remember of that kind: And indeed it now became necessary to be
done by a Compulsary means which before that time was left more
arbitrary, because the Kingdom became then much more Populous
than in former times, and with it the Poor also greatly
increased, and besides many of those methods of their voluntary
relief was then much abated; which Statute Enables the
Church-Wardens and Overseers, etc. to do these things.
1. To take order for setting to work the Children of those
whose Parents are not able to maintain their Children.
2. To take order to set those to work as having no means to
maintain themselves, use no ordinary trade. But provides not
sufficient Compulsaries to make them work.
3. To raise weekly by ...
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