London Labour and the London Poor, extra volume
Mayhew, Henry
1851
The Origin and History of the Poor Laws.
An Act passed in ( Henry VIII. c. ) is the by which voluntary charity was converted into compulsory payment. It enacts that the head officers of every parish to which the impotent or able-bodied poor may resort under the provisions of the Act of , shall receive and keep them, so that none shall be compelled to beg openly. The able-bodied were to be kept to constant labour, and every parish making default, was to forfeit a month. The money required for the support of the poor, was to be collected partly by the head officers of corporate towns and the church wardens of parishes, and partly was to be derived from collections in the churches, and on various occasions where the clergy had opportunities for exhorting the people to charity. Almsgiving beyond the town or parish was prohibited on forfeiture of times the amount given. A "sturdy beggar" was to be whipped the time he was detected in begging; to have his right ear cropped for the offence; and if again guilty of begging was to be indicted for "wandering, loitering, and idleness," and if convicted was "to suffer execution of death as a felon and an enemy of the Commonwealth." The severity of this act prevented its execution, and it was repealed by Edward VI. c. (). Under this statute, every able-bodied person who should not apply himself to some honest labour, or offer to serve for even meat and drink, was to be taken for a vagabond, branded on the shoulder and adjudged a slave for years to any who should demand him, to be fed on bread and water and refuse meat and made to work by being beaten, chained, or otherwise treated. If he ran away during the years, he was to be branded on the cheek and adjudged a slave for life, and if he ran away again he was to suffer death as a felon. If not demanded as a slave he was to be kept to hard labour on the highway in chains. The impotent poor were to be passed to their place of birth or settlement from the hands of parish constable to those of another. | |
The statute was repealed years afterwards and that of was revived. In an Act was passed which directed that a book should be kept in every parish containing the names of the householders and of the impotent poor; that collectors of alms should be appointed who should | |
395 | "gently ask every man and woman what they of their charity will give weekly to the relief of the poor." If any able to give should refuse, or discourage others from giving, the ministers and churchwardens were to exhort him, and failing of success, the bishop was to admonish him on the subject. This Act, and another made to enforce it, which was passed in , were wholly ineffectual, and in it was re-enacted ( Elizabeth c. ), with the addition that any person able to contribute and refusing should be cited by the bishop to appear at the next sessions before the justices, where if he would not be persuaded to give, the justices were to tax him according to their discretion, and on his refusal he was to be committed to gaol until the sum taxed should be paid, with all arrears. |
The next statute on the subject, which was passed in ( Eliz. c. ), shows how ineffectual the previous statutes had been. It enacted that all rogues, vagabonds and sturdy beggars, including in this description "all persons whole and mighty in body, able to labour, not having land or master, nor using any lawful merchandise, craft or mystery, and all common labourers, able in body, loitering and refusing to work for such reasonable wage as is commonly given," should "for the offence be grievously whipped and burned through the gristle of the right ear with a hot iron of the compass of an inch about;" for the should be deemed felons; and for the should suffer death as felons without benefit of clergy. | |
For the relief and sustentation of the aged and impotent poor, the justices of the peace within their several districts were "by their good discretion" to tax and assess all the inhabitants dwelling therein. Any refusing to contribute was to be imprisoned until he should comply with the assessment. By the statutes of Elizabeth, c. and (,) every ablebodied person refusing to work for the ordinary wages was to be "openly whipped until his body should be bloody, and forthwith sent from parish to parish, the most strait way to the parish where he was born, there to put himself to labour as a true subject ought to do." | |
The next Act, the Elizabeth, c. , has been in operation from the time of its enactment in to the present day. A change in the mode of administration was, however, effected by the Poor Law Amendment Act ( and Wm. IV. c. ) which was passed in . During that long period manv abuses crept into the administration of the laws relating to the poor, so that in practice their operation impaired the character of the most numerous class, and was injurious to the whole country. In its original provisions the Act of Elizabeth directed the overseers of the poor in every parish to "take order for setting to work the children of all such parents as shall not be thought able to maintain their children," as well as all such persons as, having no means to maintain them, use no ordinary trade to get their living by. For this purpose they were empowered to raise weekly, or otherwise, by "taxation of every inhabitant, parson, vicar, and other; and of every occupier of lands, houses, tithes, mines, &c., such sums of money as they shall require for providing a sufficient stock of flax, hemp, wool and other ware, or stuff to set the poor on work; and also competent sums for relief of lame, blind, old and impotent persons, and for putting out children as apprentices." Power was given to the justices to send to the house of correction or common gaol all persons who would not work. The churchwardens and overseers were further empowered to build poor houses at the charge of the parish for the reception of the impotent poor only. The justices were further empowered to assess all persons of sufficient ability for the relief and maintenance of their children, grandchildren, and parents. The parish officers were also empowered to bind as apprentices any children who should be chargeable to the parish. | |
These simple provisions were in course of time greatly perverted, and many abuses were introduced into the administration of the poor law. of the most mischievous practices was that which was established by the justices for the county of Berks in , when, in order to meet the wants of the labouring population, caused by the high price of provisions, an allowance in proportion to the number of his family was made out of the parish fund to every labourer who applied for relief. This allowance fluctuated with the price of the gallon loaf of flour, and the scale was so adjusted as to return to each family the sum which in given number of loaves would cost beyond the price in years of ordinary abundance. This plan was conceived in a spirit of benevolence; but the readiness with which it was adopted in all parts of England clearly shows the want of sound views on the subject. Under the allowance system the labourer received a part of his means of subsistence in the form of a parish gift, and as the fund out of which it was provided was raised from the contributions | |
396 | of those who did not employ labourers, as well as of those who did, their employers being able in part to burthen others with the payment for their labour had a direct interest in perpetuating the system. Those who employed labourers looked upon the parish contribution as part of the fund out of which they were to be paid, and accordingly lowered their rate of wages. The labourers also looked on the fund as a source of wage. The consequence was, that the labourer looked to the parish, and as a matter of right, without any regard to his real wants, and he received the wages of his labour as only and a secondary source of the means of subsistence. His character as a labourer became of less value, his value as a labourer being thus diminished, under the combined operation of these causes. |
In a commission was appointed by the Crown, under whose direction inquiries were made through England and Wales, and the actual condition of the labouring classes in every parish was ascertained, with the view of showing the evils of the existing practice and of suggesting some remedy. | |
The labour of this inquiry was great; but in a short time a report was presented by the commissioners, which explained the operation of the law as administered, with its effects upon different classes, and suggested remedial measures. This report was presented in , and was followed by the passing of the Poor Law Amendment Act ( and Wm. IV. c. ) in August of the same year. This Act was again amended by the and Victoria, c. (). | |
The chief provisions of this law are the appointment of a central board of commissioners in London for the general superintendence and control of all bodies charged with the management of funds for the relief of the poor. There are assistant commissioners; each of whom has a district; the assistant commissioners are appointed by and removable by the commissioners; and the whole is under the direction of the President of the Poor Law Board. The administration of relief to the poor is under the control of the commissioners, who make rules and regulations for the purpose. They are empowered to order workhouses to be built, hired, altered, or enlarged, with the consent of a majority of a board of guardians. They have the power of uniting several parishes for the purposes of a more effective and economical administration of poor relief, but so that the actual charge in respect to its own poor is defrayed by each parish. These united parishes or unions are managed by Boards of Guardians, annually elected by the ratepayers of the various parishes; but the masters of the workhouses and other paid officers are under the orders of the commissioners, and removable by them. The system of paying wages partly out of poorrates is discontinued, and, except in ordinary cases, of which the commissioners are the judges, the relief is only to be given to able-bodied persons, or to their families, within the walls of the workhouse. | |
A glance at some of the clauses of the Act and Victoria will show the present condition of the machinery of the Poor Law, as regards the latest reforms. | |
Chapter , sect. , empowers the Poor Law Commissioners to prescribe the duties of the masters to whom poor children may be apprenticed, and the terms and conditions of the indentures of apprenticeship: and no poor children are in future to be apprenticed by the overseers of any parish included in any union, or subject to a Board of Guardians under the provisions of the and Wm. IV. c. ; but it is declared to be lawful for the guardians of such union or parish to bind poor children apprentices. The section abolishes so much of the Eliz., c. , and of the and William III. c. , and of all other Acts, as compels any person to receive any poor child as an apprentice. | |
The and following sections make some new regulations as to the number of votes of owners of property and ratepayers in the election of guardians and in other cases where the consent of the owners and rate-payers is required for any of the purposes of the and Wm. IV. c. . | |
The section empowers the commissioners, having due regard to the relative population or circumstances of any parish, included in a union, to alter the number of guardians to be elected for such parish without such consent as is required by the Act of William. | |
This section also empowers the commissioners to divide parishes which have more than inhabitants, according to the census then last published, into wards for the purpose of electing guardians, and to determine the number of guardians to be elected for each ward. | |
The section provides that so long as any woman's husband is beyond the seas, or in custody of the law, or in confinement in a licensed house or asylum as a lunatic or idiot, all relief given to such a woman, or to her child or children, shall | |
397 | be given in the same manner, and subject to the same conditions as if she was a widow; but the obligation or liability of the husband in respect of such relief continues as before. |
The section empowers the guardians of a parish or union to give relief to widows under certain conditions, who at the time of their husband's death were resident with them in some place other than the parish of their legal settlement, and not situated in any union in which such parish is comprised. | |
The section provides that the commissioners may combine parishes and unions in England for the audit of accounts. By the section the commissioners may, subject to certain restrictions there mentioned, combine unions or parishes not in union, or such parishes and unions, into school districts for the management of any class or classes of infant poor not above the age of years, being chargeable to any such parish or union, or who are deserted by their parents, or whose parent, or surviving parent, or guardians are consenting to the placing of such children in the school of such district. | |
By the section the commissioners are empowered to declare parishes, or unions, or parishes and unions within the district of the metropolitan police, or the city of London, &c., to be combined into districts for the purpose of founding and managing asylums for the temporary relief and setting to work therein of destitute homeless poor who are not charged with any offence, and who may apply for relief, or become chargeable to the poors' rates within any such parish or union. | |