Oxford LibGuides: Legal history: England & common law tradition: Poor Law

Old Poor Law 1531 - 1834

Factors that meant people without regular jobs/fixed homes increased/became increasingly visible to authorities:

rising population (between 1500-1650 estimated to have doubled)
enclosure of land
occasional bad harvests & farming crises
trade depressions
closure of monasteries 1536-9 (which had given charitable relief)

Statutory responses show a mix of charitable/welfare concerns, the desire to prevent rewarding the healthy but idle (sturdy beggars), and the fears of public disorder that could result from the itinerant poor (vagrants and vagabonds) turning to violence and/or theft.

Some key statutes & developments up to the 1601 Act

22 Henry 8 c 12 Statutes of the Realm, v 3 p 328

27 Henry 8 c 25 Statutes of the Realm, v 3 p 558

39 Eliz 1 c 4 Statutes of the Realm, v 4 p 899

43 Eliz 1 c 2 Statutes of the Realm, v 4 p 962

From 1572 Overseers of the Poor appointed in parishes
From 1601 duties of Overseers & Churchwardens defined

Later reigns also saw a lot of statutory interventions

14 Chas 2 c 12 - every pauper had a place of legal settlement
1691 ways of acquiring settlement laid down
1696-1721 growth of Union workhouses

13 Anne c 11 Vagrancy transportable offence

22 Geo.3 c.83 "Gilbert’s Act" – allowed outdoor relief, leaving workhouse places for the aged and infirm

3 Geo 4 c 40 Vagrancy (England) Act

5 Geo 4 c 83 For the Punishment of Vagabonds, Rogues, and idle and disorderly persons

From the 1790s onwards increasing recognition that reform was needed resulting in

1795 – Speenhamland system – a sliding scale for outdoor relief related to the price of grain

1815 Abridgement of abstract of answers and returns relative to expense and maintenance of poor in England and Wales, 1813–1815 BPP, 1818, XIX.1 (82)

1832 Royal Commission to investigate state of the poor laws

Making of the Modern World
Includes Statutes of the Realm The official edition of pre-1713 legislation - but not complete, and not without apocrypha (per Baker, IELH 3rd edn 219). This link takes you to v. 1 - use Related Volumes links in the left hand column for speedy navigation to later volumes. Contents v.1: temp unknown, Hen1 to Edw3. v.2: Ric2 to Hen7; v.3: Hen8; v.4: Edw6 to Jas1; v.5: Chas 1 & 2; v.6: Jas 2, W & M; v.7 Wm3; v.8: Anne regnal years 1-6; v.9 Anne regnal years 7-13; v.10 Chronological Index; v.11 Alphabetical Index
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vLex Justis
Text as originally enacted. Earliest based on Ruffhead’s edition of Statutes at Large up to 1866. Although Ruffhead has acts from 1235 on, it is generally only used to fill gaps or to find texts of acts 1714-1866. For earlier acts Statutes of the Realm (above) has the more authoritative text. Justis continues chronological sequence with HMSO editions. Also has local legislation (as promulgated) from 1797 to date. Growing collection of Private/Personal acts from c1830 on
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Please note that apart from the titles listed above, vLex Justis includes some abstracted materials for which you will need to refer to other online services or hard copy to obtain the full text.

vLex Justis includes content formerly available via JustisOne.

Report of Royal Commission... into Administration and Practical Operation of Poor Laws
Requires Oxford SSO for remote access. Full text available via Parliamentary Papers database. Includes
Report, Index; Appendix (A) Reports of Assistant Coms. Part I., Part II., Part III.; Appendix (B.1) Answers to Rural Queries, Part I., Part II., Part III., Part IV., Part V.;Appendix (B.2) Answers to Town Queries, Part I. and Part II., Parts III., IV. and V.; Appendix (C) Communications; Appendices (D, E, F) Labour Rate, Vagrancy, Foreign Communications; Appendix (F) Foreign Communications, Part II.
Costello: 'More Equitable than the Judgment of the Justices of the Peace' : The King's Bench and the Poor Law 1630–1800 Requires Oxford SSO for remote access. Article published (2014) 35 JLH 3 Available via HeinOnline
Hindle: On the parish? the micro-politics of poor relief in rural England c.1550-1750 Requires Oxford SSO for remote access. E-version of 2004 OUP title. Hard copies in History Reading Rooms, or Request a copy from Closed Stack
The Speenhamland System 1795
Blog from Berkshire Record Office
Vagrancy Act 1824 5 Geo 4 c 83
Free resource. Left hand column has link to pdf of this Act as originally promulgated.
Caring for the Poor
Free resource. Part of Hungerford's Virtual Musuem Website produced and maintained for the Hungerford Historical Association by Hugh Pihlens.

Print collection in the Bodleian Libraries

Most of the modern commentary on this topic will be in Bodleian History Reading Rooms or the closed stack.

However the Law Bod's history of crime section may have useful works discussing the problem of vagrancy, forging of licences to beg, passports etc

Subject searches to use in SOLO

Poor laws -- England -- History
Vagrancy -- England -- History

Justices of the Peace - England
Parishes (local government) - England
Constables -- England --- History

Poor -- England - History

The English Poor Law, 1531-1782 by Paul A. Slack; Maurice Kirby (Contribution by)
Call Number: Bodleian Library Upper Camera Gallery Open Shelves S.HIST.10.1.38/9
ISBN: 0521557852
Publication Date: 1995
Vagrancy in Law and Practice under the Old Poor Law by Audrey Eccles
Call Number: Request from Closed Stacks
ISBN: 1409404870
Publication Date: 2012
Concentrates on the post 1744 Act situation

New Poor Law 1834-1929

1832 Royal Commission of Inquiry into Administration and Practical Operation of Poor Laws

Poor Law Amendment Act 1834 4/5 Wm 4 c 76

1909 Royal commission on poor laws and relief of distress & 2 volume Minority Report

The National Committee to Promote the Break-up of the Poor Law

Report of Royal Commission... into Administration and Practical Operation of Poor Laws
Requires Oxford SSO for remote access. Full text available via Parliamentary Papers database. Includes
Report, Index; Appendix (A) Reports of Assistant Coms. Part I., Part II., Part III.; Appendix (B.1) Answers to Rural Queries, Part I., Part II., Part III., Part IV., Part V.;Appendix (B.2) Answers to Town Queries, Part I. and Part II., Parts III., IV. and V.; Appendix (C) Communications; Appendices (D, E, F) Labour Rate, Vagrancy, Foreign Communications; Appendix (F) Foreign Communications, Part II.
Poverty and the Poor Laws
Free resource. The National Archives guide to relevant records in its collection
Did the treatment of the Poor improve after the 1834 Act?
Educational resource from The National Archives, Kew, with samples of archives and records.
Reforming (19th: Poverty and the Poor Law
Section of UK Parliament website, overview with links eg to debates on Hansard.

Print collection in the Bodleian Libraries