Additional Notes from History of the Law of Charity (Gareth Jones) as it relates to the poor laws:

• During the Protestant Reformation, laws were passed that increasingly transferred what had been religious property back to the Crown (e.g., I Edward VI c. 14 forfeiting the lands of “Colleges, Free Chapells and Chauntries . . . and of brotherhoods, guilds, and fraternities” to the Crown if they supported superstitious purposes). [i] “Piety and charity could no longer be to all Englishmen synonymous conceptions.” [ii]

The Statutes of Charitable Uses:

• Although the Elizabethan poor laws recognized that the local communities must publicly support their poor, there was a simultaneous recognition that private philanthropy could provide relief as well and that the existing system at the time of supervision over charities in the Chancery Court was not ensuring that charitable funds were properly spent and distributed. [iii] As a result, in 1597, 39 Eliz. I c. 6 (“An Acte to reforme Deceits and Breaches of Trust, touching Lands given to Charitable Uses”) was passed and re-enacted four years later (as The Charitable Uses Act, 1601, 43 Eliz. I c. 4). [iv]
  • Commissioners within each county were to investigate breaches of trust reported by local parishioners.
  • Commissioners had jurisdiction over a broad range of charities, including city and town corporations established after 1601. [v]

[i] Jones, at 13. [ii] Jones, at 15. [iii] Jones, at 22. [iv] Jones, at 23. [v] Jones, at 38.

-- AllysonMackavage - 10 Nov 2014