‘More Equitable than the Judgment of the Justices of the Peace’: The King's Bench and the Poor Law 1630–1800

Abstract

Orders issued by justices operating the poor law in seventeenth and eighteenth century England – orders for removing paupers, orders for the maintenance of bastard children, orders adjudicating poor rate appeals – generated vast quantities of litigation. Most of that litigation was by way of appeal to Quarter Sessions; but a small number of cases went further, to the King's Bench, by way of certiorari. This account examines this litigation phenomenon from several vantage points: from the perspective of the King's Bench (which innovated procedures to regulate certiorari, and which expanded its means of reviewing legal error through the development of the special case); from the perspective of Parliament (which was required to respond to demands by justices that the process be abolished); and from the perspective of contemporary commentators (who were critical of the money wasted by parishes litigating in the King's Bench).