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A Study of the Influence of the English Poor Law Upon the Development of American Public Assistance Practices

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A Study of the Influence of the English Poor Law Upon the Development of American Public Assistance Practices A STUDY OF THE INFLUENCE OF THE ENGLISH POOR LAW UPON THE DEVELOPMENT OF AMERICAN PUBLIC ASSISTANCE PRACTICES A THESIS SUBMITTED TO THE FACULTY OF THE ATLANTA UNIVERSITY SCHOOL OF SOCIAL WORK IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF SOCIAL WORK BY MARTELLE TRIGG KING ATLANTA, GEORGIA AUGUST 1947 / TABLE OF CONTENTS Chapter Page I. INTRODUCTION . 1 Statement of Problem 1 Purpose 5 Scope...» 3 Method of Procedure 4 II. A BRIEF SKETCH OF THE ENGLISH POOR LAW 5 Repressive Legislative Measures 5 The Elizabethan Poor Law 8 The Act of 1834 11 Influence Upon American Practices 12 III. PUBLIC ASSISTANCE IN AMERICA 14 The Colonial Era 14 State Interest 16 Federal Government Participation in Relief- Giving 22 Steps Toward Federal Social Legislation 25 IV. SOCIAL SECURITY MEASURES 28 The Public Assistance Program 29 Influence of Poor Law Upon Social Security...... 33 Individualization of Needs 34 Gaps and Trends in the Present Federal Assis¬ tance Program 36 V. SUMMARY 41 BIBLIOGRAPHY 44 CHAPTER I INTRODUCTION Statement of Problem The focus of charity from early periods of history has always been on an individual basis namely, that "of services or care given by an individual to an individual."! In Hebrew society which was the earliest written record, it was found that as tribal life gave place to agriculture and commerce, social classes began to develop and "rich" and "poor" appeared The Old Testament reveals that the Hebrew prophets and sages were concerned about and gave attention to the problem of the poor. It was also pointed out that among the Romans "....Slav ery replaced pauperism by securing subsistence for a large proportion of the poor, and that they practiced for centuries the gratutious distribution of grain."2 Later Christianity gave greater impetus to the care of the poor. Jesus* teachings with emphasis upon love and good deeds made charity a virtue.3 In some instances people gave to beggars with selfish motives hoping that "by means of alms !Gordon Hamilton, Theory and Practice of Social Case Work (New York, 1940), p. 17. 2John Lewis Gillin, Poverty and Dependency (New York, 1921), pp. 147-148. 3Ibid., p. 149. 1 2 we may wash off any stains subsequently contracted.”! The giving of alms for the welfare of "one’s soul" continued to be a dominent motive throughout Christian centuries.2 J. W. Ashley, 3 an authority in history, summarizes the characteristics of relief giving during the Middle Ages in Europe as a lack of any attempt by the state as a whole or by any secular authority to relieve distress. Charity was left entirely to the church, and its motives were chiefly religious. Almsgiving was indiscriminate, and no attempt was made by any public authority to coordinate the various agencies. Legisla¬ tive measures were concerned with lessening the evils of va¬ grancy and not the pauperism of the impotent poor. Theolo¬ gians, recognizing the evils that grew out of Medieval charity long before the state actually took over the care of the poor, emphasized two principles, first, that the duty of the state was to undertake or to supervise the relief of the poor, and secondly, that there was need to stringently prohibit begging.4 England, for the most part, followed the pattern of six¬ teenth century Europe. The manoral lords were responsible for the indigent and later, the guilds and monasteries. The monas¬ teries, however, continued even after the Renaissance to !lbid.. p. 154. 2Ibid.. p. 155. 5J. W. Ashley, An Introduction to English Economic His¬ tory (New York, 191?), pp. 338-539. 4John Lewis G-illin, op, cit.. p. 155. 3 assume most of the responsibility for the care of the poor and gave indiscriminately to all who sought aid. The religious communities were accused of fostering poverty beyond the point where they could deal with it. But with the dissolution of the monasteries, thousands of destitute persons were thrown upon the local parishes with no means of support.^ The writer is of the opinion that the social worker, con¬ cerned with relief giving, is concerned with the economic wel¬ fare of the individual, adequate budgeting and the raising of standards of living. He is also interested in adequate pro¬ grams of relief giving with constructive aims; in the rehabili¬ tation and strengthening of the family to help the individual become self-sufficient; and in the basic principles of social planning which should govern relief practices. Purpose The purpose of this study is to trace the development of financial assistance to the needy from early English periods to show how they influenced the public assistance program as practiced in America. Scope Special attention will be given to the historical aspects of relief giving from the Elizabethan Era to 1935. Emphasis will be placed upon the trend of relief giving since the enact¬ ment by Congress in 1935 of the Social Security Program as well lAnne Roselle Johnson, Standards of Relief (Philadelphia, 1938), p. 88. 4 as trends for the future. Method of Procedure This study is primarily a library research project. Source materials include readings on the historic and economic aspects of England and America. Special attention was given to the early practices in handling the poor and the provisions made for their care. Materials relating to the Social Security program as developed in the United States were used in an attempt to point out the important aspects of the two programs. Documents presenting various laws from the early colonial period were read in order to secure from them some of the early attitudes of the people toward the poor. CHAPTER II A BRIEF SKETCH OF THE ENGLISH POOR LAW Repressive Legislative Measures England met its problem of caring for the poor with legis lation designed to repress begging. Its first legislation bearing upon the "pauper" grew out of acute labor conditions.1 As a result of the Black Death Plague of 1349, the number of laborers decreased, and the survivors demanded higher wages for their work. When they did not secure the wages demanded, they refused the jobs available and maintained themselves by begging. Parliament met this situation with the "Statutes of Laborers" which was an attempt to compell all able-bodied per¬ sons without means of support to work wherever needed and at a rate of pay obtained before the Black Death.2 In order to sup press begging, provisions were included that any able-bodied person refusing to work and persisting in begging would be im¬ prisoned. Another repressive measure was passed under the Statute of 1388 which stated that "beggars impotent to serve shall abide in the cities and towns where they be dwelling at the time of the proclamation of this statute."3 This was the ^■John Lewis Gillin, op. cit.. p. 162. 2Stuart Alfred Queen. Social Work in the Light of History (Philadelphia, 1922), p. lô'ST 3Ibid., p. 169 5 6 first expression of a settlement law. During the latter part of the fifteenth century and early decades of the sixteenth century several other repressive laws were passed seemingly as measures to enforce previous laws. One of these provided that beggars and others dependent upon alms should be settled, registered and licensed to beg only in their native districts. Anyone straying beyond his district was to be whipped and sent home. If the offense were committed a second time, the law provided for drastic punishment, namely that he would be "bored through the gristle of the right ear and if he continued in his roguery he was to suffer, in the last resort death for felony."1 Historians agree that the general principles of the act of 1556, passed during the reign of Henry VIII, governed the development of the English Poor Law of 1601 and may be regard¬ ed as the foundation of relief giving practices in England.2 This act was an attempt to restrain the giving of individual alms by fining the giver ten times the amount given.3 It pro¬ vided for a fund to be collected in each parish by the parish officials and church warden which placed the responsibility for providing relief on the local communities. There was no compulsion as to obtaining the funds, and the parishes had to B. Black, The Reign of Elizabeth 1558-1605 (Oxford, England, 1956), p. &2Ü, 2Stuart Alfred Queen, op. cit.. p. 184. ^Arthur E. Fink, The Field of Social Work (New York, 1942), p. 5. 7 rely on voluntary contributions. This act also established the beginnings of a work relief program by including a pro¬ vision that all able-bodied beggars were to be put to work. The law, however, did not state how this was to be done.1 Al¬ though these measures were harsh, this law initiated the trans¬ ition of poor relief from indiscriminate giving of aid by the church to regulation by the law. In it, however, are found the characteristics that remain through the centuries: repres¬ sion of want, local responsibility for relief and a work relief program. Subsequently, other laws were enacted. One governing housing in 1547 indicated that there was a housing problem. In 1555 a law made it mandatory that the land owners provide the ground upon which homes were to be built for the poor for fear of punishment by special taxes.2 In the act of 1572, however, there was some attempt to protect taxpayers’ funds for relief. It was provided by law that collectors and overseers prevent fraud by persons able to support themselves.3 With more adequate administration of the poor law came some organization of services.
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