CHAPTER I

ENGLISH POOR LAW POLICY.

BY

SIDNEY AND BEATRICE WEBB

LONGMANS, GREEN AND CO.,

39 PATERNOSTER ROW, LONDON,

NEW YORK, BOMBAY AND CALCUTTA.

1910. (_Second Impression, 1913_)

PREFACE

Nothing of to-day, it may be suggested, can be really understood

without its history. This, at any rate, is true of the complicated

policy of the English Poor Law, which is now (1910) costing the

public (for the United Kingdom) close upon twenty millions sterling

every year; and which is producing, on the whole, results which

led the Royal Commissioners of 1905-1909, without distinction

of political or economic party or creed, to their unanimous and

emphatic condemnatory verdict. That policy is embodied in a

bewildering chaos of Statutes and Orders, Circulars and Minutes,

general reports and official letters, the specific provisions of

which, so far as they are contemporaneously in force, and so far

as they are publicly known, the legal text-books and elementary

manuals seek to re-arrange in such a way that the Poor Law Guardian

or Workhouse Master may learn, at any rate, what is legally

prescribed. But though a precise statement of what is to-day

prescribed, in alphabetical or other order, may suffice for the

practical work of the administrator, it does not afford us any

idea of the general policy that lies behind the prescriptions, and

fails even to enable the ordinary citizen to understand what is

being done. We suggest, in short, that the English Poor Law policy

of to-day cannot be correctly appreciated, or even intelligently

comprehended, without some knowledge of the stages through which,

in the course of the past seventy-five years, it has gradually

been moulded into its present form. To any one who compares the

contents of the Annual Report of the Local Government Board of

to-day with those of the slim little volume in which the Poor Law

Commissioners of 1835 described their activity, it will be evident

that, throughout the whole range of the Poor Law, the Policy of

the Central Authority has undergone great changes. What these

changes have actually been, and at what dates and in what order

they occurred, the following chronological analysis of the action

of the Poor Law Commissioners, the Poor Law Board, and the Local

Government Board for England and Wales attempts to set forth.

The extent, the complication, and what may be thought the aridity

of this analysis may probably daunt many who ought to read it. But

if they will persevere, they will find that the severe and exact

chronological record through which they are taken with regard to

each class of paupers--the Able-bodied, the Vagrants, the Sick,

the Women, the Children, the Aged, etc.--will presently reveal to

them the current in which they are themselves moving, the stream

of tendencies down which we are all floating, with a clearness

of comprehension not otherwise to be obtained. It is here not a

question of whether we approve of this evolution of policy, or of

whether we should seek to promote or to resist it, but merely of

what exactly it has been, and therefore now is.

In view of the attention given to the Poor Law by many writers,

it is, perhaps, a matter for surprise, that no such chronological

analysis of policy has before been undertaken. Except in regard to

a few special matters, it is impossible, in any published work, to

trace the exact course of development of English Poor Law policy

since the great revolution of 1834. The most systematic books upon

the English Poor Law System, such as those by Dr. Aschrott and

Monsieur Émile Chevalier,[1] have confined themselves, in the main,

to a description of the contemporary state of things, with only

comparatively brief and general accounts of how it came about. The

popular manuals, such as the admirable little book of the Rev. T.

W. Fowle, can naturally only give such scraps of history as are

current.[2] Even Mr. Mackay, in adding a third volume to Sir George

Nicholls' _History of the English Poor Law_,[3] has limited himself

to a series of essays on particular points, without attempting

any but the briefest chronological analysis of the evolution of

policy of the Central Authority since 1834, upon which the whole

administration of the Boards of Guardians depends.

[1] See, for instance, _The English Poor Law System_, by Paul

Felix Aschrott, translated by H. Preston Thomas, 1888 and 1902;

_La Loi des pauvres et la société anglaise_, par E. Chevalier,

1895; _The Better Administration of the Poor Law_, by Sir William

Chance, Bart., 1895; _The Public Relief of the Poor_, by T.

Mackay, 1901; _L'Assistance légale et la lutte contre le

pauperisme en Angleterre_, par G. E. de Froment, 1905.

[2] _The Poor Law_, by the Rev. T. W. Fowle, 1881; _The English

Poor Laws_, by Miss Sophia Lonsdale, 1897 and 1902; _Our Treatment

of the Poor_, by Sir Wm. Chance, Bart, 1899; _The Public Relief of

the Poor_, by T. Mackay, 1901.

[3] _History of the English Poor Law_, vol. iii., from 1834 to the

present time, by T. Mackay, 1899.

It is easy to understand this general reluctance to work out,

from the materials themselves, the Poor Law history of the last

three-quarters of a century. As with all nineteenth-century

history, the extent, the variety, and the intricacy of the

various sources are simply overwhelming. The number of official

records--Statutes, Orders, Circulars, Minutes, Reports, Letters,

etc.--dealt with for the present small volume (although we have

confined ourselves in the main to the publications of the Central

Authority itself, and have not been able to consult the manuscript

records and letter-books of more than a score of the Boards of

Guardians) runs into, literally, tens of thousands.

So great a mass of documentary material, without arrangement,

unclassified, unindexed, formless, and void of any obvious

significance, could be dealt with only by a systematic exploration.

We may here describe, as an instance of sociological method, the

plan that we adopted. What obscured the history was the manner in

which masses of heterogeneous facts were heaped together. To read,

one after another, these complicated Orders and lengthy Reports,

each dealing with all kinds of paupers and various methods of

relief, was but to accumulate confusion. They resembled a heap of

geological conglomerates which could not be assayed until they had

been broken up in such a way as to sort the different materials

into separate homogeneous parcels. We discarded all idea of making

précis, summaries, or analyses of particular statutes or orders,

believing that in this way brevity is gained only at the expense

of omitting important qualifications. After the choice of a

provisional scheme of classification, to which careful thought was

given, the expressions of policy embodied in each document were all

severally copied on loose sheets of paper of even size and shape.

Every prescription or dictum conveying an expression of policy with

regard to a particular class of paupers was placed upon a separate

sheet. Thus, a single Order or Circular might yield items relating

to women, to children, to persons on Outdoor Relief, to the sick,

to the aged, and so on. However many and however closely related

were the classes to which the same prescription applied, it was

noted on a separate sheet for each of them, with the date and place

and exact source. To deal in this way, with scrupulous accuracy

and exhaustiveness, with all the Statutes, all the General Orders,

all the Special Orders, all the Circulars, all the published

Minutes, all the official reports, and all the letters of the

Central Authority to which we could gain access absorbed something

like nine months' continuous work. But for the first time order

was evolved out of chaos. It was easy to sort the loose sheets by

subjects, and to arrange each series chronologically. This done, we

had before us, separated out from the mass, every prescription or

dictum as to the policy to be pursued, or the action to be taken

with regard to each particular class. The series of prescriptions

and suggestions with regard to children, for instance, could be

read in chronological sequence. At this stage it needed little

ingenuity to seize the salient points. The development of policy

leaped to the eyes. Another three months' work enabled the record

to be put into a series of continuous narratives, with precise

references to the original authorities.

The reader who wants merely to know what it all amounts to should

turn to the last four chapters. Here he will find, succinctly set

forth, first "The Principles of 1907," being the principles on

which, as a matter of fact, the Local Government Board was (and

still is) proceeding, in contrast with "The Principles of 1834,"

from which seventy-five years of experience have reluctantly driven

it. In subsequent chapters will be found a critical examination

of both the Majority and the Minority Reports of the Poor Law

Commission of 1905-1909, in the light of these "Principles of 1834"

and "Principles of 1907," with an attempt to appreciate what is

novel in those Reports, and to estimate how far they are severally

consistent with a due enforcement of personal responsibility.[4]

If the reader or reviewer is still more impatient he will probably

content himself with the final summary and conclusion.

[4] The Minority Report has been separately published in book

form, in two volumes, _The Break Up of The Poor Law_, and _The

Public Organization of the Labour Market_, each edited, with an

introduction, by S. and B. Webb (Longmans. 1909).

It remains for us to acknowledge the help without which this work

could not have been accomplished. The task was undertaken at the

suggestion of the Royal Commission on the Poor Law; and it formed

the subject of a report circulated to the Commission in July

1907. No printed document has been quoted which is not published

to the world; and (with trifling exceptions of ancient date) no

unprinted Minute or Letter has been used which has not been issued

as a public document, or is not freely accessible in the official

archives. But we owe to the officials of the Local Government Board

and of the Boards of Guardians concerned--and among so many it

would be invidious to particularise--not only various facilities

for consulting these public documents, but also many helpful

suggestions, criticisms, and corrections of errors of fact. Above

all we are indebted to Miss Mary Longman, of Girton College,

Cambridge, and of the London School of Economics and Political

Science, for the whole of the laborious service of effecting, under

our direction, the preliminary breaking-up of the conglomerates,

and much help in the more interesting work of making the final

assay. Without this zealous, unsparing, and devoted assistance, we

could not have found time to execute the work. Mrs. F. H. Spencer,

D.Sc. (Econ.), investigated for us the records of various Boards

of Guardians up and down the country, in order to trace their

official correspondence with the Poor Law Commissioners, the Poor

Law Board, and the Local Government Board. To Miss Mildred Bulkley,

B.Sc. (Econ.), also of the London School of Economics and Political

Science, we owe not only many suggestions of value, but also the

checking of all the references, the correcting of the proofs, and

the preparing of the index.

SIDNEY AND BEATRICE WEBB.

41 GROSVENOR ROAD, WESTMINSTER.

_January, 1910._

CONTENTS PAGE

PREFACE v

CHAPTER I

THE REVOLUTION OF 1834 1

The 1834 Report--National Uniformity--The

Able-bodied--Vagrants--Women--The Children--The Sick--The Aged and

Impotent (or Infirm)--The Workhouse--Emigration--Relief on

Loan--The Principles of 1834.

The Act of 1834 and its Amendments--National Uniformity--The

Able-bodied--Vagrants--Women--Children--The Sick--The Aged and

Impotent--The Workhouse--Emigration--Relief on Loan.

English Poor Law Policy · 第 1 / 16 章