CHAPTER I

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THE LAW AND THE POOR

BY HIS HONOUR JUDGE

EDWARD ABBOTT PARRY

AUTHOR OF "DOROTHY OSBORNE'S LETTERS," "JUDGMENTS

IN VACATION," "WHAT THE JUDGE SAW," "THE SCARLET

HERRING," "KATAWAMPUS," ETC.

"Laws grind the poor and rich men rule the law."

OLIVER GOLDSMITH: "The Traveller."

LONDON

SMITH, ELDER & CO., 15, WATERLOO PLACE

1914

TO THE MAN IN THE STREET

THIS VOLUME IS DEDICATED,

IN THE PIOUS HOPE THAT

HE WILL TAKE UP HIS JOB

AND DO IT.

CONTENTS

CHAP. PAGE

INTRODUCTION ix

REFERENCES xv

I. PAST AND PRESENT 1

II. THE ANCIENTS AND THE DEBTOR 20

III. OF IMPRISONMENT FOR DEBT IN ENGLAND 36

IV. HOW THE MACHINE WORKS 58

V. WORKMEN'S COMPENSATION 76

VI. BANKRUPTCY 106

VII. DIVORCE 125

VIII. FLAT-TRAPS AND THEIR VICTIMS 152

IX. POVERTY AND PROCEDURE 172

X. CRIME AND PUNISHMENT 189

XI. THE POLICE COURT 213

XII. LANDLORD AND TENANT 233

XIII. THE TWO PUBLIC HOUSES: I. THE ALEHOUSE 252

XIV. THE TWO PUBLIC HOUSES: II. THE WORKHOUSE 271

XV. REMEDIES OF TO-DAY 285

XVI. REMEDIES OF TO-MORROW 299

INDEX 311

INTRODUCTION

"But, say what you like, our Queen reigns over the greatest nation

that ever existed."

"Which nation?" asked the younger stranger, "for she reigns over two."

The stranger paused; Egremont was silent, but looked inquiringly.

"Yes," resumed the stranger after a moment's interval. "Two nations;

between whom there is no intercourse and no sympathy; who are as

ignorant of each other's habits, thoughts, and feelings, as if they

were dwellers in different zones, or inhabitants of different planets;

who are formed by a different breeding, are fed by a different food,

are ordered by different manners, and are not governed by the same

laws."

"You speak of----," said Egremont, hesitatingly.

"THE RICH AND THE POOR."

BENJAMIN DISRAELI: "Sybil, or The Two Nations."

The rich have many law books written to protect their privileges, but the

poor, who are the greater nation, have but few. Not that I should like to

call this a law book, for two reasons: firstly, it would not be true;

secondly, if it were true, I should not mention it, as I want people to

read it.

You cannot read law books, you only consult them. A law book seeks to set

out the law, the whole law, and nothing but the law on the subject of

which it treats. There are many books on Poor Law, there are hundreds of

volumes about the Poor, and many more about the Law, but the Law and the

Poor is a virgin subject.

It is a wonder that it should be so because it is far more practical and

interesting than either of its component parts.

It is as if poetry had dealt with beans or with bacon and no poet had

hymned the more beautiful associations of beans and bacon. In the same way

the Law and the Poor is a subject worthy of treatment in drama or poetry,

but that that may be successfully done someone must do the rough spade

work of digging the material out of the dirt heaps in which it lies, and

presenting it in a more or less palatable form. When this has been done

the poet or the politician can come along and throw the crude metal into

the metres of sonnets or statutes or any form of glorious letters they

please.

From the very earliest I have taken a keen interest in this subject. I

remember well when I was a schoolboy the profound impression made upon me

by Samuel Plimsoll's agitation to rescue merchant seamen from the horrible

abuses practised by a certain class of shipowner. My father, Serjeant

Parry, was engaged in litigation for Plimsoll, and I heard many things at

first hand of that great reformer's hopes and disappointments.

There were a class of traders known as "ship knackers," who bought up old

unseaworthy vessels and sent them to sea overloaded and over-insured.

Plimsoll, for years, devoted himself to prevent this wickedness. There was

the usual parliamentary indifference, the customary palavering and

pow-wowing in committees until, after six or seven years of constant

fighting, the public conscience was awakened, and, in 1875, Disraeli

produced a Merchant Shipping Bill. But then, as now, there was no

parliamentary time for legislation dealing with the poor, and the Bill was

one of the innocents to be sacrificed at the annual summer massacre.

This would have been the end of all hope of reform had not Samuel

Plimsoll, in a fine frenzy of rage and disgust, openly charged the

Government with being parties to the system which sent brave men to death

in the winter seas and left widows and orphans helpless at home, "in order

that a few speculative scoundrels, in whose heart there is neither the

love of God nor the fear of God, may make unhallowed gains."

This was unparliamentary enough, but it was allowed to pass. It was when

he began to give the names of foundered ships and their parliamentary

owners and, in his own words, "to unmask the villains" who sent poor men

to death and destruction, that he was promptly called to order, and,

refusing to withdraw, left the House.

The result of his outburst was entirely satisfactory. The Government were

obliged to bring in another Bill and to pass it without delay.

Many years later the unauthorised Radical programme of Mr. Joseph

Chamberlain aroused my youthful enthusiasm, and I spent much of my then

ample leisure as a missionary in that cause.

We soon lost our great leader, who went away to champion what he

considered greater causes, but he was one of the first English statesmen

in high places to make his main programme a reform of the law in the

interests of the poor, and he left behind him mournful but earnest

disciples who have not yet found such another leader. The Workmen's

Compensation Act will always, I think, be regarded as one of his greatest

achievements, and mauled and mangled as it has been in the Law Courts it

remains the most substantial benefit that the poor have received from the

Legislature in my lifetime.

Twenty years' service in urban County Courts has naturally given me some

insight into the way in which the law treats the poor and the real wants

of the latter. I agree that such a book as this would be better written by

one who had actual experience of the life of the poor, rather than the

official hearsay experience which is all that I can claim to have had.

I think the great want of labour to-day is an Attorney-General, a man who

having graduated in the workshop comes to the study and practice of the

law with a working man's knowledge and ideals, and gaining a lawyer's

power of expressing his wants in legal accents, raises his voice to demand

those new laws that the poor are so patiently awaiting.

If there be such a one on his way and this volume is of any small service

to him, it will have more than fulfilled its purpose.

Originating in a series of essays published in the _Sunday Chronicle_, it

has grown into a more ambitious project, and is now, I trust, a fairly

complete text-book of the law as it ought not to be in relation to the

poor.

In my endeavour to please the taste of the friend to whom I have dedicated

this book I have dispensed with all footnotes, but I have added an

appendix of references in case there may be any who might wish to test the

accuracy of statements in its pages.

"Thus," as my Lord Coke says, "requesting you to weigh these my labours in

the even balance of your indifferent judgment I submit them to your

censure and take my leave."

EDWARD A. PARRY.

SEVENOAKS,

1914.

REFERENCES

_The number of the page and the number of the line counting from the top

are given in the left-hand column._

INTRODUCTION

PAGE LINE

xi 11 Hansard. 1875. Vol. 225, col. 1823.

xiii 7 Coke's "Institutes." I. "To the Reader."

CHAPTER I

1 3 Job xiii. 5.

4 20 "The Compleat Constable. Directing all Constables,

Headboroughs, Tithing men, Churchwardens, Overseers of the

Poor, Surveyors of the Highways and Scavengers in the Duty

of their several Offices, according to the Power allowed

them by the Laws and the Statutes." 3rd edition. London.

Printed for Tho. Bever at the Hand and Star, near Temple

Bar. 1708.

8 16 "Shakespeare's Europe. Unpublished chapters of Fynes

Moryson's Itinerary, being a survey of the condition of

Europe at the end of the sixteenth century. 1903." At p. 67.

9 24 Smollett. "Roderick Random." Chap. XXIII.

12 6 The Trial of Richard Weston at the Guildhall of London for

the Murder of Sir Thomas Overbury, 19th October, 13 James

1st, A.D. 1615. Howell's "State Trials," II., 914.

13 21 Boswell's "Life of Johnson." Edited by Birkbeck Hill. II.

130.

14 29 Boswell's "Life of Johnson." IV. 188.

17 8 _Manchester Guardian_, Saturday, January 24th, 1824.

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