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Introduction
IT was originally intended
that the History of the Scotch Poor Law, should form an appendage to the
Author's account of the Poor Law of England; but he found, as he
proceeded, that the materials which it was necessary to collect and arrange
in order to afford a complete view of the subject, increased so much in
bulk, and assumed a character of so much importance, as to warrant their
publication as a separate work, and hence the appearance of the present
volume.
Although now published
separately, both the English and Scottish Histories may however for the
present purpose be regarded as one; for the Poor Laws of the two countries
were so nearly identical in their origin, and for a time were likewise so
similar, in spirit and operation, that a certain knowledge of both is
necessary to a right understanding of the character, and a full appreciation
of the advantages and disadvantages of either. They are in fact, or rather
in their progress they became, the opposite extremes of the same system; and
they should both be kept in view when seeking to arrive at a sound
conclusion as to the nature and extent of the assistance that may with
safety, and at the same time with advantage, be administered at the public
charge in relief of destitution. The Irish Poor Law, it may be remarked, is
a compound of the English and Scottish systems, deriving nearly as much from
the one as from the other, and aiming at embodying the excellences, and
avoiding the defects of each.
The Author was required to
take a prominent part in the framing and introduction of the Irish Poor Law,
and this made it especially necessary that he should make himself acquainted
with the Poor Law of Scotland. He mentions this as one reason for his
venturing to I undertake the present work, and it may be stated as a further
reason, that during many of the best years of a now somewhat protracted
life, it has been his fortune to be connected with the Poor Law question—not
speculatively only, but practically, and on the most extensive scale—in
England as well as in Ireland; and his attention could not therefore fail of
being much directed to what had been done, and to what was doing in
Scotland.
The Author's inquiries in
this direction were necessarily extended, when he commenced the preparation
of his `History of the English Poor Law,' with which the Scottish law is so
nearly allied. Both systems had grown up together, and although they
afterwards diverged, that of Scotland assuming in a great degree the nature
of an ecclesiastical institution, whilst the English system retained its
purely civil character; we now again find the two systems approximating, and
promising to become one, or as nearly one as the circumstances of the two
countries permit or render expedient.
Notwithstanding therefore,
that the Author has not had the advantage of being practically engaged in
administering the law in Scotland, he trusts that his long connexion with
the general subject will exempt him from the charge of presumption, in thus
undertaking a History of the Scotch Poor Law, in preparing which he has
endeavoured to apply the practice and the experience of one country, in
elucidation of the events in the other.
It is right however to
observe, that he has not relied upon secondary researches entirely, but in
order the better to qualify himself for the task, he has twice visited
Scotland with the view of obtaining information on the spot, as to the
condition of the poor, and the present working of the law; on all which
points lie received the most frank and cordial assistance from the Board of
Supervision in Edinburgh, and likewise at the several local institutions
that he visited.
The interest which the Author
felt in the question as it applied to Scotland, was certainly not lessened
by what came under his observation on these occasions. On the contrary, all
that he then saw of the people and the country, greatly increased the
interest he had taken in their well-being, and made him if possible more
desirous of contributing to promote it. If the present work shall help in
any way to that end, be it in ever so slight a degree, he will feel amply
rewarded for whatever pains he may have taken in its preparation.
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Chapter 1
Condition of Scotland in the middle ages — Desire of English sovereigns
for a union—Clanship and feudalism — Legislation on the subjects of
mendicancy and vagrancy down to the abdication of Mary — Laws of James
VI.: Act of 1579, the basis of the Scottish poor-law — First notice of
gipsies or Egyptians — Parochial chargeability — Acts for promoting
Bible-reading and psalmody — Acts against beggars and vagrants —
Divergence of English and Scotch laws — Powers of kirk sessions and
presbytery — Acts of 1617, 'anent the Justices' and 'anent the Poor' —
Acts against 'Egyptians'— Highland clans — State of clanship —
Population.
-
Chapter 2
Laws of Charles II.: Establishment of manufacturing incorporations —
Dearth of capital and lack of employment — Duties of justices ---
Overseers of the poor — Regular and casual poor — Ability and disability
— Over-facility of relief — Compulsory labour — Privileges of employers
— Chargeability by residence — Correction-houses — Treatment of poor —
Apprenticeship —Punishment of vagabonds. — Laws of William III.:
Proclamations for maintaining the poor and repressing beggars. — Summary
of enactments. -Other Acts — Against drunkenness and swearing,
profanation of the Lord's day, theft and depredation — Act for
encouragement of manufactures —Bank of Scotland — 'Act anent murdering
of Children' — Parish schools -- The Union — Assessments — Amount of
relief — Numbers relieved - Pauperism of Scotland and England.
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Chapter 3
Distinctive characteristic of Scottish Poor Law — Administration of
relief—Settlement — Distress in Scotland — Schoolmasters' Act — Its
effects —Distress at Paisley — Decision of Supreme Court — Scotch and
English systems contrasted — Report on distress at Paisley — Extent and
influence of distress — Report of Poor Law Inquiry Commission — Mr.
Twisleton's
'Reasons of Dissent', therefrom.
-
Chapter 4
The lord advocate's speech on introducing the bill 'for the Amendment
and better Administration of the Laws relating to the Relief of the Poor
in Scotland' — Summary of the Act — The board of supervision constituted
--- Its first, second, and third Reports.
-
Chapter 5
Fourth Report of the board of supervision — Occurrence of cholera —
Fifth and sixth Reports — Distress in the Highlands and Islands; Sir
John McNeill's Report — "Crofters," "Tacksmen," "Tenants," and "Cottars"
— Kelp manufacture — Results of the Croft and Cottar system — Emigration
the only remedy— Administration of relief in the western districts —
Seventh and eighth Reports --- Sir John McNeill's Reports on Caithness,
and on the free and pauper colonies in Holland — Divergence between the
English and Scottish systems of relief — Present practice in Scotland
—Approximation of the Scottish and English systems—Conclusion.
See also...
Observations on the Management of
the Poor in Scotland
And its effects on the health of the great towns by William Pulteney Alison,
M.D., F.B.S.E. (1840) (pdf)
Other Legal Publications
A Digest
of Decisions in Scottish Shipping Cases
1865 - 90 along with
notes by William George Black (1891) (pdf)
The Records of the Proceedings of the Justiciary
Court 1661 - 1678
Edited by W. G. Scott-Moncrieff
Report of the Poor-Law Commissioners for Scotland
An article from Tait's Edinburgh Magazine c1844
Dissertation on Heirs Male
When used as a clause of Remainder in Grants of Scotch Peerages with some Incidental discussions by Alexander Sinclair (1837) (pdf)
The Scottish Law Reporter
An example copy of this publication (pdf)
The Scottish Law Reporter web
site
Reporting on news & issues of Justice, Law &
Politics, from Scotland
Illustrations of the
Practical Operation of the Scottish System of Management of the Poor
By W. P. Alison, M.D., Professor of the Institutes of Medicine in the
University of Edinburgh (1840) (pdf)
Some Experiences of a
Barrister's Life
By Mr Serjeant Ballantine (1882) (pdf)
Ancient Laws and Customs of the Burghs of Scotland
Volume 1 A.D. 1124 - 1424
Volume II A.D. 1424 - 1707
Manual of the
Law of Scotland
By John Hill Burton (Second Edition) (pdf)
Ancient Criminal Trials in Scotland
Book 1 |
Book 2 |
Book 3
Glengarry's Way and Other
Stories
By William Roughead (pdf)
Twelve Scots
Trials
By William Roughead (pdf)
Celebrated Criminal Trials in Scotland
From A.D. 1536 to 1784 with Historical and Critical Remarks by Hugo Arnot
(pdf)
The Court of Session Garland (pdf)
The Court of Session Garland
Supplement (pdf)
An Institute of the Law of Scotland in Four Books
In the Order of Sir George MacKenzie's Institutions of that Law by John
Erskine of Carnock, Advocate, A new edition with additional notes by James
Ivory, Advocate in two volumes (1824)
Volume 1 |
Volume 2
The Law of Creeds in
Scotland
A Treatise. The Legal Relation of Churches in Scotland established and not
established, to their Doctrinal Confessions by Alexander Taylor Innes, M.A.
(1867) (pdf)
Practice of the Criminal Law of Scotland
By Archibald Alison, Advocate (1833) (pdf)
Builders of our Law During the Reign of Queen
Victoria
By Edward Manson (second edition) (1904) (pdf)
The Reign of Law
By the Duke of Argyll (1868) (Fifth Edition) (pdf)
The Entail (Scotland) Act, 1882 (45 and 46
Victoria, Chapter 53)
With Notes and an index of the whole Entail Statutes by John Philip Wood
(1882) (pdf)
Scotch Law and Politeness
A fascinating look at Scotch law in practice
(pdf)
Answers for Robert Rae of Little-Govan
To the Petition of John Jamieson, Merchant in Glasgow, January 27, 1747
(pdf)
The Douglas Cause
Edited by A. Francis Steuart, Advocate (1909)
Narratives from Criminal Trials in Scotland
By John Hill Burton in two volumes (1852)
The Life of Thomas Muir, Esq.,
Advocate
Younger of Huntershill, near Glasgow, Member of the Convention of Delegates
for Reform in Scotland, etc., etc., who was tried for Sedition before the
High Court of Justiciary in Scotland and sentenced to Transportation for
fourteen years with a full report of his trial by Peter Mackenzie (1831)
(pdf)
The Scottish Highlanders and the Land Laws
An Historico-Economical enquiry by John Stuart Blackie, F.R.S.E., Emeritus
Professor of Greek in the University of Edinburgh (1885)
Answers for Thomas Erskine of Alloa
Commonly called Lord Erskine, and Mr. John Esrkine of Balgonie, Advocate,
pusuers, for themselves, and in name of other heritors upon the river of
Forth having right to salmon-fisings (1762) (pdf)
Manual of the
Law in Scotland
By John Hill Burton, Advocate, The Law of Private Rights and Obligations
(second edition) (1843) (pdf) |
