It was, as we have seen, universally assumed that the various

prohibitions or regulations of outdoor relief to the able-bodied did not

apply to "aged and infirm persons." These persons were, indeed,

expressly made exceptions from the first universal rule prohibiting

outdoor relief to any one, in the "Form of Consolidated Order for the

Administration of Relief in Town Unions."[181] In the succeeding Orders

prohibiting or regulating outdoor relief, all mention of them is

omitted, as not falling within the class of "the able-bodied and their

families" to which alone these orders applied. In 1839 the Central

Authority definitely laid it down "that we do not require aged and

infirm paupers to be relieved only in the workhouse," and that "it is

not our intention to issue any such rule."[182] The discretion of the

local authorities in the matter of outdoor relief to this class was thus

left as absolutely unfettered as before; and we can find in the

published documents of this period of 1834-47 no direction or advice by

the Central Authority on the subject, and no indication that it had any

new policy.

[181] p. 92 of Second Annual Report, 1836.

[182] Report on the Further Amendment of the Poor Law, 1839, pp.

53, 61.

When the aged and infirm entered the workhouse they (like the

able-bodied) were put into entirely new categories, though without a new

terminology. Those who, whilst in receipt of outdoor relief were merely

"aged and infirm," found themselves classified in the workhouse

according to sex, age and bodily health. Those who were under sixty, and

were not ordered by the doctor to be put on special diet, found

themselves classed as "able-bodied" (in the workhouse sense). These

varieties of treatment in the general workhouse will be dealt with in a

subsequent section. It is to be noted that in 1840 the Central Authority

supported the Government proposal to enable "district infirmaries" to be

established apart from the general workhouse for such of the aged and

infirm as received indoor relief. The class to be therein accommodated

was to include "every person applying for or receiving relief who shall,

by reason of any bodily defect, or of any permanent ailment, or of the

permanent effects of any ailment or bodily accident, be incapable of

supporting himself."[183] The proposal was never proceeded with.

[183] _Official Circular_, No. 5, 16th June 1840, p. 53.

It is clear that, although there is no indication of this policy in the

Report of 1834, or in any of the statutes, the Poor Law Commissioners,

between 1834 and 1847, had it occasionally in their minds to apply the

"deterrent" workhouse test to the aged and infirm, as well as to the

able-bodied. In 1839, indeed, they expressed this intention. It will be

remembered that the 1834 Report had talked of the aged enjoying "their

indulgences" in workhouses set apart for them. "With regard to the aged

and infirm," say the Commissioners of 1839, "there is a strong

disposition on the part of a portion of the public so to modify the

arrangements [of the workhouses] as to place them on the footing of

almshouses. The consequences which would flow from this change have only

to be pointed out to show its inexpediency and its danger. If the

condition of the inmates of a workhouse were to be so regulated as to

invite the aged and infirm of the labouring classes to take refuge in

it, it would immediately be useless as a test between indigence and

indolence and fraud, it would no longer operate as an inducement to the

young and healthy to provide support for their later years, or as a

stimulus to them whilst they have the means to support their aged

parents and relatives. The frugality and forethought of a young labourer

would be useless if he foresaw the certainty of a better asylum for his

old age than he could possibly provide by his own exertions, and the

industrious efforts of a son to provide a maintenance for his parents in

his own dwelling would be thrown away and would cease to be called

forth, if the almshouse of the district offered a refuge for their

declining years, in which they might obtain comforts and indulgences

which even the most successful of the labouring classes cannot always

obtain by their own exertions."[184]

[184] Special Report of Poor Law Commissioners on the Further

Amendment of the Poor Law, 1839, p. 47.

_I._--_Non-Residents_

A new class of persons arises in the documents after 1834, namely those

who are not residing in the parish or union to which they apply for

relief. There had grown up a custom under the old Poor Law by which, in

order to save the expense and hardships of removal, parishes agreed to

grant outdoor relief to persons belonging to them by settlement, who

were residing elsewhere. The Central Authority set itself to restrict

this practice. By various of its early Orders it prohibited it

altogether, and at once (with the usual exceptions of sickness,

accident, and urgent necessity) in the case of able-bodied male persons

between sixteen and sixty. It prohibited it as regards all new cases for

all other persons with the same exceptions.[185] Between this date and

1844 we find the same series of exceptions allowed to this general

prohibition as in the case of outdoor relief to the able-bodied and

their families; and these exceptions became stereotyped in Art. 3 of the

Outdoor Relief Prohibitory Order of 1844 (still in force).

[185] p. 85 of First Annual Report, 1835.

_J._--_The Workhouse_

As we have shown, the Act of 1834 and the subsequent legislation left to

the Central Authority complete discretion as to the kind of indoor

maintenance to be provided for the destitute by the local authority. In

view of the fact that the action taken between 1834 and

1847--culminating in the General Consolidated Order of 1847, which is

still in force--determined, in the main, the character of the modern

workhouse, it is necessary to analyse in some detail exactly what the

policy was which the Central Authority in these years imposed from one

end of England to another. The common understanding at the time was, we

believe, that the policy to be carried out was that of the 1834 Report.

Two limitations only were imposed on the power of the Central Authority

in this respect. The building of entirely new workhouses--which the

Report had thought would not be requisite in many instances[186]--was

dependent on the assent either of a majority of the board of guardians

or of a majority of the rated owners and occupiers.[187] The Central

Authority was, however, empowered, without any local consent,

peremptorily to order a local authority to enlarge or alter any

existing workhouse or building capable of being converted into a

workhouse; subject to the limitation that the principal sum to be

raised on any parish could not exceed £50, or one-tenth of the average

Poor Rate of the last three years.[188] As every board of guardians

in the United Kingdom found itself in possession of several parish

workhouses--sometimes of a large number of such buildings--it was

within the statutory power of the Central Authority, even without

local consent, to have given directions for the moderate enlargement

and adaptation of any or all of these, which Parliament seems to have

contemplated. The second limitation seems at first sight more serious.

The Central Authority could not order any greater expenditure, on

building or enlarging any workhouse, or sanction the borrowing for

this purpose of any larger sum, than the average amount of the last

three years' Poor Rate[189]--a limitation which, as we have seen, was,

in 1844, repealed so far as the purchase of sites in the Metropolitan

Police District and the parish of Liverpool was concerned.[190] But

there was at no time any limitation to the aggregate amount of the

expenditure out of Poor Rate that might be incurred by the local

authority, or that might, with or without its consent, be ordered by

the Central Authority to be spent, on the enlargement or adaptation

of its various existing workhouses, provided that not more than the

statutory maximum was spent on any one of them. In view of the strong

objection expressed in the 1834 Report to the mixing of different

kinds of paupers in a single institution,[191] and the positive

recommendation, in preference, of distinct institutions, in separate

buildings, with specialised rules and under different managements, for

the several kinds of paupers[192]--for which it was expressly pointed

out that the existing buildings were to be adapted[193]--these sections

of the Act of 1834 indicate an intention of Parliament (as it certainly

was the intention of the authors of the Report of 1834) that each union

should have several small institutions, and should assign to those

workhouses "separate classes of poor."[194]

[186] p. 313 of Report of 1834 (reprint of 1905).

[187] 4 & 5 William IV. c. 76, sec. 23.

[188] _Ibid._ sec. 25.

[189] 4 & 5 William IV. c. 76, sec. 24.

[190] See _ante_, p. 19.

[191] pp. 306, 307, 313 of Report of 1834.

[192] _Ibid._ pp. 306, 307.

[193] _Ibid._ p. 313.

[194] _Ibid._ p. 314.

It is startling to find that the Central Authority, between 1834 and

1847, pursued an entirely different policy. The published documents for

this period do not afford any explanation of this difference. They do

not show, for instance, whether it meant the deliberate adoption of a

new policy, or whether it resulted merely from a discovery that the

recommendations of the Report were impracticable in the rural unions.

The documents simply assume the necessity for the establishment in each

union, not of a group of specialised workhouses for the different

classes, but of one institution, to be called "The Union Workhouse," for

the paupers as a whole.

In no Special or General Order, in no Circular or published Minute, can

we find any recommendation that a board of guardians should carry out

the emphatic recommendations of the 1834 Report in favour of

classification by institutions, and the adaptation of the existing

buildings into specialised workhouses, "assigning one class of paupers

to each of the houses comprehended within each incorporation."[195] Nor

was the unity introduced and insisted on by the Central Authority one of

structure only. That the policy was to have, under the one roof, for all

the various kinds of paupers, only one institution and one _régime_, is

revealed in every part of the workhouse code. In the elaborate series of

Special Orders and General Orders which culminated in the General

Consolidated Order of 1847 (still in force), we find a minutely

particular body of rules, referring always to "the" workhouse of the

Union, applied with practical identity to all unions, providing for the

reception under a single roof and subject to a single officer of every

kind of pauper, applying to all the inmates, and (with quite

insignificant variations, presently to be noted, for the aged, the sick

and the infants), treating all the kinds of paupers alike.[196]

[195] p. 313 of Report of 1834.

[196] See the first of such "Orders and Regulations," in First

Annual Report, 1835, pp. 96-110; the Consolidated Order for the

Administration of Relief in Town Unions, in Second Annual Report,

1836, pp. 81-89; the General Order, Workhouse Rules, 5th February

1842, in Eighth Annual Report, 1842, pp. 79-104; and the General

Consolidated Order, 24th July 1847.

It was possibly connected with this policy of one general workhouse for

each union that we find the Central Authority assuming that the grouping

together of a score or more of parishes almost inevitably involved

building a new workhouse. At first, indeed, the Assistant Commissioners

were directed to examine to what extent existing poorhouses or

workhouses could be "made useful for only one class of paupers."[197] In

August 1835, the Central Authority could write of its year's experience

that "it has also been proved that the expense and loss of time in

building new workhouses may, in many cases, be saved, by a union of

parishes and the combination of their existing workhouses and

poorhouses, by assigning one or two classes of the paupers to one of the

separate workhouses within the district."[198] But already by that time

the contrary policy was being carried out by the most energetic

subordinate of the Central Authority, who (as his private reports show)

had quickly satisfied himself, and was rapidly convincing his superiors,

that the policy of utilising as specialised institutions the existing

parish workhouses was, with the boards of guardians of that time,

administratively impossible. Already by August 1835, Sir Francis B. Head

was reporting that "with the exception of Romney Marsh, the whole of

East Kent, comprehending an area of 590 square miles, is now grouped

into compact unions of parishes; these unions are all very nearly of the

same size--all contain very nearly the same population--_all have

voluntarily adopted for their workhouse the same low, cheap, homely

building--all have agreed in placing it in the centre of their

respective unions_."[199]

[197] First Annual Report, 1835, p. 29.

[198] First Annual Report, 1835, p. 16.

[199] _Ibid._ p. 166.

It is interesting to see the arguments by which this flagrant departure

from the policy of the 1834 Report was attacked and defended. In 1835 we

have a magistrate of Kent, belonging to a union where they had so far

adhered to the recommendations of the Report, writing very graphically

on the subject to Sir Francis Head. "There is one point," he said, "upon

which our practice differs materially from most of our neighbours, and

it is one upon which I entertain a strong opinion that ours is the

correct system. It is the adaptation of existing workhouses to different

classes, instead of building new ones.... In the first place upon our

system there is a great saving of expense; our homes altogether have

cost us under £300.... I dislike the appearance of these new houses all

over the country.... I dislike the outward and visible sign of the

change that is being operated. I am alarmed at the irritation. I fear

the consequences. When we have eight workhouses there is hardly an

inducement to pull down one only, and to pull them all down is next to

impossible, from the wide surface over which they are spread. Our

system, I might almost say, eludes the grasp of insurrection. Besides

this, how much more perfect is the classification! How secure are our

separate schools from all contamination. How small are the masses of

pauperism which we bring together, compared with the congestion of one

vast House. With us, our Houses are not like prisons, for we require no

high wall to separate the classes; eight or ten miles distance is far

more effectual than the highest walls."

To this Sir Francis Head seems to have replied to the following effect.

He did not at all agree with his correspondent that eight classified

workhouses were better than one general establishment. "The very sight,"

he said, "of a well-built efficient establishment would give confidence

to the board of guardians; the sight and weekly assemblage of all

servants of their union would make them proud of their office; the

appointment of a chaplain would give dignity to the whole arrangement,

while the pauper would feel it was utterly impossible to contend against

it. In visiting such a series of unions, the Assistant Commissioner

could with great facility perform his duty, whereas if he had eight

establishments to search for in each union, it would be almost

impracticable to attend to them. I would, moreover, beg to observe that

in one establishment there would always be a proper governor, ready to

receive and govern any able-bodied applicants, whereas in separate

establishments this most important arrangement (the Able-bodied House)

during harvest, etc., would constantly be empty, and consequently would

become inefficient in moments of emergency."[200]

[200] MS. correspondence of Sir Francis Head.

Sir Francis Head, as we have seen, had his way. In writing a farewell

letter to the Kentish boards of guardians at the end of 1835, he urges

them to stick to the dietary, and to appoint a chaplain "to your central

house, which will shortly be the sole establishment in your union.... As

soon as this important object has been gained--as soon as you find that

the whole of your indoor poor are concentrated in one respectable

establishment--under your own weekly superintendence--when you see

yourselves surrounded by a band of resolute, sensible, well-educated men

faithfully devoted to your service--you will then, I believe, fully

appreciate the advantage which you, as well as your successors, will

ever derive from possessing one strong, efficient building, instead of

having, from false economy, frittered away your resources among your old

existing houses."[201]

[201] _Ibid._

After this we hear no more of the policy of specialised institutions for

particular kinds of paupers, as recommended in the Report of 1834. The

policy of the Central Authority settles down definitely to that which

provided each union with one general workhouse, almost invariably built

for the purpose, near the centre of the union.[202]

[202] The possibility was once barely mentioned in 1837 of the one

"common workhouse establishment" consisting "of a selection of the

better workhouses now existing in each union," instead of

concentrating "all the necessary accommodation in one workhouse

situated in the centre of the union" (Third Annual Report, 1837,

p. 27.) _See also_ the reference to this possibility in the

Instructional Letter sent in that year to each new Board of

Guardians (_ibid._ p. 82). In June 1837, the Central Authority

said that it had always preferred one central workhouse, but had

sometimes allowed existing ones to remain. Its two years'

experience had now confirmed it in its belief that one central

workhouse was better (Letter to Newcastle Board of Guardians, 20th

June 1837).

Two years later, in describing, with praise, "the consolidation of

workhouse establishments" which had been going on in Lancashire and

Yorkshire, the Central Authority observes "that very few will ultimately

find it desirable to retain more than one establishment" (Fifth Annual

Report, 1839, p. 29). In the Special Report on the Further Amendment of

the Poor Law, 1839, it is pointed out, as evidence that the Central

Authority had not yet had time to put its policy completely into

execution, that there were "still about seventy unions in which a

central workhouse" had "not yet been built." (Report on the Further

Amendment of the Poor Law, 1839, p. 7.)

It is not easy to discover what policy was laid down as to the site and

character of the new general workhouse thus prescribed. There was no

Special or General Order, and apparently no paper of rules or

suggestions, giving any direction as to the position to be chosen, the

surroundings to be preferred, or even the area to be obtained. Nothing

was prescribed as to the character of the building, the cubic space to

be provided for each inmate, the sanitary arrangements, or the

structural provision for classification by sex, age, character or

condition. To some extent this lack of any statement of policy may have

been supplied by oral explanations in the process of sanctioning the

building plans. This hardly applies, however, to the choice of a site;

and we cannot discover from any published document whether the Central

Authority thought it preferable that the union workhouse should be

located in the crowded streets of a populous city or in a pleasant rural

district. The only help that seems to have been afforded was the

publication in 1835 of some pictures and diagrams of suggested

workhouses.[203] From these we may infer that the Central Authority had

adopted as its policy the erection of the same "low, cheap, homely (?)

building"--bearing no little resemblance to the prison plans of the

period--with which Sir Francis Head was covering East Kent.

[203] First Annual Report, 1835, p. 29, and end.

It was not until 1842, after illness due to serious over-crowding had

occurred at the Sevenoaks Workhouse,[204] that the Central Authority

began to incorporate in its policy some elementary sanitary regulations.

We have first the requirement that a maximum number to be accommodated

in each workhouse should be fixed. Even then it was left to each board

of guardians to suggest whatever number it chose, after consultation

with its medical officer, subject to approval and to the final fixing of

the number by the Central Authority.[205] In 1847 the phrase with regard

to approval drops out, and the Central Authority merely fixes the

number.

[204] Eighth Annual Report, 1842, pp. 13-15, 188-190, 194-198.

[205] General Order, 5th February 1842, art. 11, in Eighth Annual

Report, 1842, p. 81; amended by General Consolidated Order, 24th

July 1847, art. 100; still in force.

In 1842 the medical officer of the union is required to report to his

board any defects in drainage, ventilation, and warmth.[206] Beyond

these somewhat exiguous forms no policy was even suggested to the local

authorities with regard to the structural arrangements of the workhouse.

[206] Eighth Annual Report, 1842, pp. 14, 188-190.

We have now to consider how the Central Authority exercised its power to

determine the character of the one general workhouse which it had

imposed on each union. Let us take the policy laid down with regard to

each phase of the indoor pauper's life.

(i.) _Admission_

The door was to be always open. In cases of "sudden or urgent necessity"

any person in a state of destitution, applying at any hour, with or

without an order or any other formality, was to be immediately relieved

by admission, and by the supply of food, clothing, medicine, and other

necessaries. Where the necessity was not urgent, the applicant had first

to get an order for admission, which (unless some other mode of relief

was adopted) could not be refused to any destitute person. The pauper

admitted was to be cleansed, clothed, medically examined, and searched

for prohibited articles, in a "probationary" or "receiving" ward. The

pauper was then, if free from disease, to be assigned to his particular

section of the workhouse, according to a sevenfold classification by

sex, age, and physical condition.

(ii.) _Segregation_

The character of the workhouse of 1835-1847 was principally determined

by the practice as to the segregation of its inmates. To discover

exactly what the Central Authority intended this segregation to be is

surprisingly difficult. We have first a rigid and logical classificatory

scheme, imposed with the force of law. To this there came both a series

of exceptions to the classification and a series of directions as to the

practical segregation in daily life, additional to or inconsistent with

the classification; some of them permissive and others mandatory.

The seven classes insisted on by the classificatory scheme of the

Central Authority were (i.) aged or infirm men; (ii). able-bodied males

over thirteen; (iii.) boys between seven and thirteen; (iv.) aged or

infirm women; (v.) able-bodied women and girls over sixteen; (vi.) girls

between seven and sixteen; and (vii.) children under seven. This

classification, imposed in 1836, was confirmed, with only the slightest

of modifications, by the General Orders of 1842 and 1847 (the latter

still in force). As therein finally settled, it provided for "(i.) men

infirm through age or any other cause; (ii.) able-bodied men and youths

above the age of fifteen years; (iii.) boys above the age of seven years

and under that of fifteen; (iv.) women infirm through age or any other

cause; (v.) able-bodied women and girls above the age of fifteen years;

(vi.) girls above the age of seven years and under that of fifteen; and

(vii.) children under seven years of age." Explicit rules are made that

each class is to remain in the separate apartments or buildings assigned

to it, without communication with any other class.[207]

[207] General Order, 5th February 1842, art. 9, in Eighth

Annual Report, 1842, p. 80; General Consolidated Order, 24th July

1847, art. 98; still in force.

The modern student is struck at once by the omissions in this compulsory

classificatory scheme. There is no class for the sick, either those

suffering from infectious or contagious diseases, or from others. There

is no class for the lying-in cases. There is no class for the lunatics,

idiots, or imbeciles. There is no provision for infants at the breast,

who, by the classificatory scheme, were ordered to be separated from

their mothers. There was no class for the vagrant intending to stay only

one night. Finally, there was no provision made for any segregation by

character--not merely none by past character, but not even for any by

present character or conduct, which would have effected a separation

between quiet and orderly inmates and the turbulent prostitute or

semi-criminal.

Some of these omissions were partly remedied by new Orders or

recommendations between 1836 and 1847, which were embodied in the

General Consolidated Order of 1847, but never found their way into the

classificatory scheme itself.

With regard to the sick, the Central Authority imposed no requirements

at all. It was incidentally mentioned in the Order of 1836, and repeated

in those of 1842 and 1847, that the sick were, on admission, to be

placed in "the sick ward," or in such other ward as the medical officer

might direct. We have incidental references during the ensuing decade to

the existence of sick wards in workhouses. But there was no provision in

any Order requiring a "sick ward" to be provided, still less any

provision requiring properly classified accommodation for the sick of

different ages, sexes, conditions, or diseases. When these workhouse

rules were issued in 1842 as a General Order to practically all the

unions then in existence, they were still left without any mention even

of infectious diseases. The utmost that the Central Authority could

bring itself to do was to declare, in the covering letter, but not in

the rules themselves, that it was the duty of the master, under the

direction of the medical officer, to isolate an infectious case in a

separate apartment.[208]

[208] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, pp. 108-109. In 1845, after the deliberate sending

to the workhouse of a small-pox patient had led to an epidemic,

the Central Authority goes so far as to suggest to the board of

guardians concerned "that it is of the utmost consequence that

provision should be made at the workhouse by separate infectious

wards for the reception of cases of this description without

endangering the health of all in the house" (Letter of 25th

September 1845, in _Official Circular_, 1st January 1846, No. 55,

p. 15). But even then there was no order made on the subject; no

alteration of the classificatory scheme; and no general

recommendation to all boards of guardians.

The explanation of the omission to provide for the sick will

become apparent at a later stage. It was no part of the policy of

the Central Authority that the sick should be received into the

workhouse at all. It was assumed that they would normally be

relieved in their own homes. The incidental scanty references to

the sick wards of the workhouses had reference only to the

accommodation of such of the inmates of the workhouse as happened

to fall sick. Even these were, in serious cases, to be transferred

to a voluntary hospital, where such an institution existed. A

resolution of the Poplar Board of Guardians, in 1842, to send "all

cases requiring extraordinary surgical aid" to the London Hospital

was approved (_Official Circular_, No. 20, 30th July 1842, p.

297). "Any reasonable subscription to a hospital or similar

establishment by a Board of Guardians" would be sanctioned

(_ibid._ No. 17, 12th April 1842, p. 250.)

When the rules were finally consolidated in 1847, they still ignored the

sick in their scheme of classification, and actually omitted all mention

either of infectious diseases, or of lying-in cases, merely laying it

down in general terms that it was the duty of the guardians, "after

consulting the medical officer," to "make such arrangements as they may

deem necessary, with regard to persons labouring under any disease of

body or mind."[209]

[209] Art. 99 of General Consolidated Order of 24th July 1847;

still in force.

No provision whatever was made for the segregation of paupers of unsound

mind, whether lunatics, idiots, or imbeciles. In an Order of 1836 we do

indeed find "the ward for lunatics and idiots" incidentally mentioned,

as existing in some workhouses;[210] but such a ward was never required

by the Central Authority, nor even suggested by it.

[210] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. 5; in Second Annual Report, 1836, p.

89.

In 1842, it was ordered that, if such paupers were dangerous, they were

not to be retained in the workhouse, but sent to an asylum within

fourteen days.[211] It was even suggested in an Instructional Letter in

1842 that curable cases, even if not dangerous, should be sent to

asylums; and that even incurable, harmless idiots were inconvenient

inmates of a workhouse. But no hint is given of the desirability of

their segregation whilst they are there.[212]

[211] Art. 12 of General Order, 5th February 1842, in Eighth

Annual Report, 1842, p. 82; repeated in art. 101 of General

Consolidated Order, 24th July 1847.

[212] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 111.

With regard to infants at the breast, no special provision was ever

made by rule. But it was allowed that children under seven might be

placed (though only if the guardians thought fit) in any part of the

female wards; and the mothers were at any rate "to have access to them

at all reasonable times."[213] The Central Authority remarked, in a

covering letter of 1842--which was not repeated when the rules were

re-issued in 1847--"that so long as any mother is suckling her child,

she ought to have access to it at all times _except when she is at

work_, and that the child ought not, even then, to be completely beyond

the mother's reach."[214]

[213] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 15, in Second Annual Report,

1836, p. 90; art. 10 of General Order of 5th February 1842, in

Eighth Annual Report, 1842, p. 82; repeated in art. 99 of General

Consolidated Order of 24th July 1847.

[214] Instructional Letter of 5th February 1842; in Eighth Annual

Report, 1842, p. 110.

In 1847, still without amendment of the classificatory scheme, the

guardians were allowed to permit a mother and her infant children to

occupy the same bed.[215]

[215] Art. 111 of General Consolidated Order of 24th July 1847.

With regard to vagrants, the first departure from the policy of merely

including them as able-bodied paupers came in 1842, in a rule requiring

"casual poor wayfarers and vagrants" to be kept "in the Vagrant Ward,"

or other separate ward--presumably separate for each sex, though this

was not explicitly required.[216]

[216] Art. 10 of General Order of 5th February 1842, and

Instructional Letter of the same date, in Eighth Annual Report,

1842, pp. 81, 110. In 1847 "casual poor wayfarers" were to be kept

in "a separate ward" (General Consolidated Order, 24th July 1847,

art. 99).

With regard to segregation by character, the first relaxation from the

classificatory scheme is to be found in a letter of 1839, in which the

Central Authority permits married women of good character to be placed

with the aged women, in order that they may avoid the contamination of

bad characters, but only _provided that their daily employment is not

interfered with_.[217] We can find no contemporary document even

allowing the guardians to protect from a like contamination unmarried

women or young girls of good character.

[217] Letter, 1st April 1839, in Special Report on the Further

Amendment of the Poor Law, 1839, p. 293.

In 1840, however, the _Official Circular_ referred to "the separation of

certain abandoned persons from the other inmates," explaining that it

rested "not on the consideration of their past conduct, but on that of

their present habits and character."[218]

[218] _Official Circular_, 24th December 1840, No. 10, p. 143.

In 1842 the central authority incidentally observed in an instructional

letter that the guardians were _permitted_ to subdivide any of the seven

classes of the scheme imposed on them, and that it was "very desirable

that females of dissolute and disorderly habits should be separated from

those of a better character."[219]

[219] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 108.

Not until 1847 do we find a rule providing that, "as far as

circumstances will permit," the guardians were to "further subdivide any

of the classes enumerated" in the classificatory scheme, "with reference

to the moral character or behaviour or the previous habits of the

inmates, or to such other grounds as may seem expedient."[220]

[220] General Consolidated Order, 24th July 1847, art. 99.

Meanwhile, however, the Central Authority was breaking down by

inconsistent provisions the classificatory scheme which it left still

figuring in the forefront of its Consolidated Orders. We may cite first

the provision as to aged married couples. The Central Authority had for

seven years eloquently justified its insistence on the strict separation

of all married couples, however aged. In 1842, however, it made a rule

"that, if for any special reason it shall at any time appear to the

board of guardians to be desirable to depart from the regulations

contained in Art. 9, in respect of any married couple," who were infirm

through age or any other cause, "the guardians shall be at liberty to

resolve that such couple shall have a sleeping apartment separate from

those of the other paupers," subject to obtaining in each case the

consent and approval of the Central Authority.[221]

[221] General Order of 5th February 1842, art. 10; in Eighth

Annual Report, 1842, p. 80. It is, we think, not incorrect to

infer from the restricted terms of this rule, that the Central

Authority was clinging to its former policy in the face of public

pressure. Such an inference is supported by the terms in which the

covering letter of 5th February 1842 refers to the new proviso,

and by the broad hint therein conveyed that "the guardians can

allow outdoor relief to any aged couple whom it may be inexpedient

to separate" (Instructional Letter of 5th February 1842, in Eighth

Annual Report, 1842, p. 109).

In 1846, on the vehement objection and practical rebellion of the

Norwich Court of Guardians, it went much further and agreed to sanction

"an arrangement by which a separate room shall be assigned to each

married couple of whatever class,"[222] that the guardians thought fit.

In 1847, however, Parliament swept the original policy away so far as

legislation could do so, by enacting, unconditionally, that no married

couple over sixty should be compelled in the workhouse to live

separately and apart from each other.[223]

[222] Letter to Norwich Court of Guardians, 3rd February 1846.

[223] 10 & 11 Vic. c. 109, sec. 23.

A second inroad into the classificatory scheme was made by the provision

that children under seven might be placed in any female ward, whether

that of the sick women, that of the aged and infirm women, or even that

of the able-bodied women.[224]

[224] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 15, in Second Annual Report,

1836, p. 90; repeated in General Order of 5th February 1842, art.

10, proviso 5, in Eighth Annual Report, 1842, p. 81; and in

General Consolidated Order of 24th July 1847, art. 99, proviso 7.

Yet another, and possibly a more important inroad into the scheme was

made by a rule of 1842, which permitted the guardians in particular

cases to classify boys and girls over ten in any way they thought

fit.[225]

[225] General Order of 5th February 1842, art. 10, and

Instructional Letter of the same date, in Eighth Annual Report,

1842, pp. 81, 109; repeated in 1847, in more guarded form,

maintaining at any rate segregation by sex (General Consolidated

Order of 24th July 1847, art. 99).

(iii.) _Service_

But it was in its rules as to the services to be rendered by the

workhouse inmates that the Central Authority most effectually undermined

its own classificatory scheme, and practically destroyed any real

segregation. That scheme, as we have shown, expressly forbade the

paupers in any class to leave the particular "ward or separate building

and yard" assigned to such class, or to hold any communication with any

other class.[226] Nevertheless the Central Authority had, from the

first, a policy of workhouse organisation inconsistent with any such

segregation. Practically all the workhouse service was to be performed

by the paupers themselves, and every pauper who was capable of work was

to be incessantly occupied in that service. The able-bodied women who

formed Class V. might be supervised by the aged and infirm women of

Class IV. The children under seven who formed Class VII. might be

supervised either by the able-bodied women of Class V., or by the aged

and infirm women of Class IV., or by the girls of Class VI. The boys

over seven who formed Class III. might be supervised by the aged and

infirm men of Class I. The girls over seven who formed Class VI. might

be supervised by the aged and infirm women of Class IV. These girls, so

far from being confined to the premises assigned to their class, were to

be employed in the able-bodied women's wards, in the aged and infirm

women's wards, in the wards for the children under seven, and in

household work generally, provided only that they were somehow kept from

communicating with able-bodied men or boys. The sick, whether male or

female, whether of good character or of bad, had necessarily to be

waited on, and no paid nurses were required to be appointed.

Consequently the provision allowing all the sick wards to be attended by

the able-bodied women, by the girls between seven and sixteen, by the

aged women, or by any combination of these that the master might direct,

in itself necessarily destroyed all real segregation. By 1847 this

permission had been so far restricted as to confine the attendance on

the sick males to the aged and infirm men and the aged and infirm women;

though such girls over seven, such able-bodied women, and such aged or

infirm women as the master might deem fit might still be employed

indiscriminately in the service of any of the wards except those for men

and boys, and generally for household work throughout the

workhouse.[227]

[226] General Order of 5th February 1842, art. 9, in Eighth Annual

Report, 1842, p. 80; General Consolidated Order, 24th July 1847,

art. 98.

[227] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v., arts. 9, 13-14, in Second Annual

Report, 1836, pp. 89-90; General Order of 5th February 1842, art.

10, in Eighth Annual Report, 1842, p. 81; General Consolidated

Order of 24th July 1847, art. 99.

(iv.) _Diet_

It is significant of the unity of _régime_ insisted upon in the one

general workhouse that the Central Authority laid constant stress on the

uniformity to be observed in the dietaries of all the classes of paupers

in the workhouse, except only by order or on the advice of the medical

officer, which might be either for the sick, for those requiring a

change of diet, for the nursing mothers, or for the infants.

Even to those paupers who were employed as servants only the common fare

was "in general" to be given.[228] The first dietaries issued to the

boards of guardians for them to choose from were drawn up avowedly for

the able-bodied, with no other variation for other classes than were

contained in a few footnotes referring (apart from the sick and children

under nine) to extras which the guardians might, if they thought fit,

allow to persons over sixty. Thus, practically the only difference in

the food to be allowed to the able-bodied males, the able-bodied

females, and the children over nine, was one of quantity. Even the aged

and infirm had the same diet, with nothing else prescribed for them, and

with no greater indulgence allowed, even if the guardians wished it,

than an ounce of tea per week, with milk and sugar, and the possible

addition, in one out of the six dietaries among which the boards of

guardians might choose, of meat pudding once a week instead of bread and

cheese; and, in four of these dietaries, also of butter for

breakfast.[229] There was, of course, to be no alcoholic drink for any

class of pauper except by written medical order.[230] No presents of

food to individual paupers or classes of paupers were to be allowed, as

they would produce inequality and discontent.[231] Even the sick, who

were originally to be dieted case by case at the discretion of the

medical officer, were, in 1842, to be fed with absolute uniformity as

among the different classes of paupers and among the different

individuals in a class, it being urged on the guardians that the medical

officer should be restricted for his patients to a choice among four

fixed dietaries which he was to draw up once for all, and hang up in the

sick wards for permanent reference. These were described as "high,

middle, low, and fever"; and he was expressly to be instructed "that the

quantity of articles to be allowed for each should be minutely

specified."[232]

[228] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 109.

[229] Circular on Workhouse Dietaries, 1836; in Second Annual

Report, 1836, pp. 64-66.

[230] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 23; in Second Annual Report,

1836, p. 91.

[231] Instructional Letter of 5th February 1842; in Eighth Annual

Report, 1842, p. 113.

[232] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 113. This instruction was made mandatory on the

medical officer in 1847, but he was permitted to frame in advance,

not four only, but as many different dietaries as he chose. The

instructions of 1842 were not, however, superseded (General

Consolidated Order of 24th July 1847, art. 207, sec. 9; _see also_

under art. 108).

Finally, as it had been found that the old men and women who were

allowed weekly ounces of tea and weekly allowances of butter would not

take their teas simultaneously or consume their little pats of butter

evenly, this distressing deviation from the dietetic uniformity led the

Central Authority to suggest the withdrawal of the privilege, in favour

of a simultaneous service of "a certain quantity of liquid tea" and of

portions of bread and butter.[233]

[233] _Official Circular_, 30th July 1842, No. 20, p. 301.

With regard to the quantities of food to be supplied, the policy of the

Central Authority passed through three phases. In 1836 the boards of

guardians were expressly directed that the diet in the workhouse (which,

as we have shown, was to be practically uniform for all classes of

paupers) was not to be "equal"--that is to say, was actually to be

inferior--"to the ordinary mode of subsistence of the labouring classes

of the neighbourhood."[234] This was perhaps more tactfully expressed in

the Consolidated Order for the Administration of Relief in Town Unions,

in saying that the diet was "in no case to exceed in quantity and

quality of food the ordinary diet of any class of able-bodied labourers

living within the same district."[235] All the contemporary warnings of

the Central Authority were against giving too much; and there was no

provision for ensuring that each pauper got even the quantity prescribed

in the dietary chosen by the local authority. No extra dinner was

allowed on Christmas or other feast days, unless, indeed, this was

supplied by private individuals.[236] In 1842 a change was made. The

Central Authority fixed a separate dietary for each workhouse, and there

was no longer any reference to these dietaries being inferior to the

subsistence of the independent labourer; on the contrary the intention

of the Central Authority was avowedly "to assimilate them as much as

possible to the ordinary food of the working classes in the

neighbourhood"[237]--in Kent and Sussex mainly bread and cheese, in the

northern counties meat, potatoes, and porridge, and in Cornwall

including fish. Moreover, it was provided that any pauper might, on

demand, have his prescribed portion weighed out to him.[238] Finally, by

1847, we gather that the principle had been silently adopted of fixing

such a dietary as was calculated to keep the paupers in physical health,

irrespective of the amount or kind of food that might ordinarily be

obtained by the lowest class of non-pauper labourer in particular

districts or at particular periods. Even extra food on Christmas Day was

allowed at the expense of the Poor Rate, at the unfettered discretion of

the boards of guardians.[239]

[234] Circular on Workhouse Dietaries, 1836, in Second Annual

Report, 1836, p. 63.

[235] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 21; in Second Annual Report,

1836, p. 91.

[236] _Official Circular_, 2nd July 1840, No. 6, pp. 73-74.

[237] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 112.

[238] General Order of 5th February 1842, art. 18, and

Instructional Letter of the same date, in Eighth Annual Report,

1842, pp. 83, 113; repeated in General Consolidated Order of 24th

July 1847, art. 109.

[239] General Consolidated Order of 24th July 1847, art. 107.

It should, however, be added that, although the policy of the Central

Authority passed, as stated, through these three phases, the actual

dietaries prescribed by it, even in the first phase, seem (in the light

of modern physiology) to have been ample for health, if the paupers

always got what was prescribed and knew how to eat it.

(v.) _Cleanliness and Sanitation_

It was part of the policy that the utmost cleanliness and good order

should be maintained throughout the workhouse; and (to the limited

extent of the hygienic knowledge of the time) that sanitary conditions

should be insisted on. It was expressly made the duty of the master and

matron to enforce "industry, order, punctuality, and cleanliness" on all

the inmates; every day to "see that each individual is clean and in a

proper state"; daily to inspect and see that all the sleeping wards are

"duly cleaned and properly ventilated," and "to take care that the

wards, kitchen, larder, and other rooms and offices be kept clean and in

good order." All paupers were compulsorily to be cleansed on admission.

All the workhouse inmates were to be supplied with clean linen and

stockings every week, whilst their beds were to have clean sheets

monthly.[240] This latter requirement was superseded in 1842 by the more

general provision that the beds and bedding were to be kept in a clean

and wholesome state.[241] Food was to be given out as required for each

meal, not once for the day. It was to be eaten only in the dining-room,

and not (except as ordered for the sick) elsewhere in the house. All

remnants were to be removed from the dining-room by the officers after

each meal.[242] It was compulsory on each board of guardians to appoint

a qualified medical officer, as part of the very first business. It was

expressly made part of his duty to attend regularly at the workhouse,

and come whenever sent for; to examine all the sick and give all

necessary directions for their care; to give all necessary directions

for the meals of the aged and infirm, and the children; and (from 1842

onwards) "to report in writing to the board of guardians any defect in

the diet, drainage, ventilation, warmth, or other arrangement of the

workhouse, or any excess in the number of any class of inmates which he

may deem to be detrimental to the health of the inmates."[243]

[240] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. iv. arts. 4, 5; in Second Annual

Report, 1836, pp. 85-86.

[241] General Order of 5th February 1842, art. 75; in Eighth

Annual Report, 1842, p. 95.

[242] Instructional Letter of 5th February 1842; in _ibid._ p.

112.

[243] General Order of 5th February 1842, art. 78; in _ibid._ p.

97.

(vi.) _Discipline_

The same desire for uniformity of treatment for all workhouse inmates is

seen in the Orders of the Central Authority with regard to the hours to

be observed. A fixed time-table was imposed, to be rigidly observed by

all classes of paupers, in all workhouses, at all seasons of the year.

The whole of the day from getting out of bed to retiring to rest was

definitely allotted. All classes of paupers were to observe precisely

the same hours, except (1) the sick, who were never recognised in the

classificatory scheme; (2) the aged and infirm; and (3) the children

under seven, all of whom had to rise, go to bed, take their meals, and

work at whatever hours the master might appoint, subject to any

directions of the board of guardians. Thus, it was peremptorily ordered

by the Central Authority that the able-bodied men, the able-bodied

women, and the boys and girls over seven should, whatever their several

strengths and conditions, all rise at five in summer and seven in

winter; that they should all work for uniformly ten hours in summer and

nine hours in winter; that they should all eat three simultaneous meals;

that they should all have during the day exactly one hour of unallotted

time and no more, and this between 7 and 8 p.m., winter and summer

alike; and that all, whatever their ages or physical strength, should go

to bed uniformly at 8 p.m. all the year round. This remained unchanged

in 1847, except that the hours of rising had been altered in 1842 to

5.45 in summer and 6.45 in winter, with corresponding breakfast

times.[244] Besides the remarkable uniformity of this scheme of daily

life, which was absolutely enforced on paupers of all ages from seven to

sixty (or such other age-limit as might be adopted for "the aged"), one

is struck by its omissions. There was no provision for going out in the

open air, and no time during which it was possible; unless the Central

Authority meant that the several classes of paupers might be allowed in

the various yards between 7 and 8 p.m., in summer and winter alike. No

pauper was to be allowed to go outside the workhouse walls except for

"urgent or special reason," and it was expressly laid down that they

were not to be permitted, whether their conduct was good or bad, to go

out "at stated intervals."[245] A slight relaxation in this latter

respect was permitted (though not prescribed) in 1842, in the case of

children under fifteen, when the master was allowed, if he chose, to

send any of them out for exercise under the charge of the schoolmaster

or other officer.[246] There was equally no provision (at any rate for

any but "boys and girls") for any exercise of the mental faculties,

either in the form of recreation or in the form of education or

training. From 1836 to 1842 it was even ordered that the meals were to

be taken in silence, even by the children.[247]

[244] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 17, in Second Annual Report,

1836, pp. 90, 99; General Order of 5th February 1842, arts. 13-16,

in Eighth Annual Report, 1842, pp. 82-83, 99; General Consolidated

Order of 24th July 1847, arts. 102-106, and Form (N).

[245] Instructional Letter of 5th February 1842; in Eighth Annual

Report, 1842, pp. 115-116.

[246] General Order of 5th February 1842, art. 24, and

Instructional Letter of the same date, in Eighth Annual Report,

1842, pp. 84, 116. This was repeated in the General Consolidated

Order of 24th July 1847, art. 117.

[247] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 17; in Second Annual Report,

1836, p. 90.

No provision was made for the supply of any books for the use of the

inmates, whether sick or well--not even Bibles and prayer-books; and it

was thus made unlawful for the boards of guardians to have provided

these, even if they had wished to do so--unless, indeed, it would have

been held by the Auditor that they were "reasonably necessary." The

point seems never to have been raised. The education provided for the

children was of the scantiest. It was confined to "boys and girls,"

without definition of age, and it was thus left to the boards of

guardians to begin it as late and to terminate it as early as they

chose. It was to consist of instruction for three hours a day "at

least," in "reading, writing, and the principles of the Christian

religion," together with "such other instructions" as were "calculated

to train them to habits of usefulness, industry, and virtue."[248]

Apparently arithmetic was thought not to come under this definition, as

it was added in 1842.[249] Shoe making was approved in 1845 in the case

of Poplar.[250] A schoolmaster or schoolmistress needed only to be

appointed "if the guardians shall think fit"; and the Central Authority

thus left it open to guardians to impose the task of instruction on the

porter or matron--this being actually mentioned in the Instructional

Letters[251]--or on an aged pauper--a course which was frequently

adopted without rebuke. If a schoolmaster or schoolmistress was

appointed no qualification was required.[252] No provision was made for

playrooms, playthings, or even playing time for children of any age.

[248] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 16, in Second Annual Report,

1836, p. 90.

[249] General Order of 5th February 1842, art. 22, in Eighth

Annual Report, 1842, p. 83.

[250] MS. Minutes, Poplar Board of Guardians, 15th January 1845.

[251] Instructional Letter of 5th February 1842; in Eighth Annual

Report, 1842, p. 124.

[252] This remained so even in the General Consolidated Order of

24th July 1847, art. 167.

With regard to the adults, well or sick, it was apparently part of the

policy to ignore, and even to prohibit, recreation. Playing at cards and

all other games of chance were absolutely forbidden to all classes of

inmates at all hours and seasons. Smoking was peremptorily prohibited in

any room in the workhouse, except by the special direction of the

medical officer, and the boards of guardians were told that they might

prohibit it in the yards if they chose. No visitors were allowed

(otherwise than to the sick) except at the will, and actually in the

presence, of the master or matron. It even required a special exception,

not made until 1842, to enable parents to see their children who were in

the same workhouse "at some one time in each day."[253]

[253] General Order of 5th February 1842, art. 10, proviso 6, in

Eighth Annual Report, 1842, p. 81.

(vii.) _Employment_

We may infer from the scheme of daily life just described, which the

Central Authority imposed on all classes of workhouse inmates, that it

laid great stress, as a matter of policy, on the ten hours of work which

it exacted from all who were neither physically disabled nor below the

age of seven. The bulk of the inmates, especially the aged and infirm,

the women and children, and, we may add, the defectives, were evidently

to be employed on the ordinary household service and attendance of the

workhouse and its inmates. It was expressly ordered that all the paupers

so employed were to be under "the strictest superintendence," not to be

given "offices of trust"; and confined to "offices of mere labour which

can be performed under trustworthy superintendence."[254] But this

household service did not suffice to find occupation for the

able-bodied, especially the men. The Report of 1834, it will be

remembered, had been emphatic in recommending that all pauper employment

should be in accordance with the spirit of the Act of Elizabeth, useful

to "the employer as well as to the employed," and that everything which

gave to labour a repulsive aspect was to be avoided as mischievous. The

Central Authority did not adopt this policy, even at the beginning of

its work, and by 1847 had adopted a contrary one. From the outset the

policy laid down was that the pauper was not to work on his own account,

was not to be remunerated for his labour, and was not to obtain any

personal advantage from working harder or more skilfully than the

prescribed minimum. But the policy of the Central Authority, at first,

was that the work should be useful, and for the benefit of the union.

Thus, in 1836 it was ordered that the clothing of all the paupers

should, "as far as possible, be made by the paupers in the

workhouse."[255] This project promptly disappears from the documents,

presumably on the discovery that tailoring and bootmaking were skilled

occupations, beyond the capacity of ordinary workhouse inmates.

[254] Instructional Letter of 5th February 1842; in Eighth Annual

Report, 1842, p. 109.

[255] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, in Second Annual Report, 1836, p. 91.

In 1842 the central authority declares itself unable to suggest for the

able-bodied men in the workhouse "any kind of labour which is likely to

be productive of profit"; and remarks that "stone-breaking under proper

superintendence is generally found to answer." other occupations which

are named to the guardians as being frequently adopted are grinding

corn in hand mills, pounding or grinding bones for manure, and

oakum-picking.[256] the horrors revealed in the inquiry into the

andover workhouse scandal led to a summary prohibition of the

employment of paupers in pounding, grinding, or otherwise breaking

bones, or preparing bone dust.[257] this left practically only

stone-breaking, hand-grinding, and oakum-picking at the disposal of the

boards of guardians--occupations, as it seems to us, combining in the

highest degree the characteristics of monotony, absence of initiative,

toilsomeness, and inutility--giving, in fact, to labour, in flat

contradiction of the recommendation of the report of 1834, an aspect as

repulsive as could be devised.[258]

[256] Letter of 18th February 1842; in _Official Circular_, 13th

February 1843, No. 23, p. 43. _See also_ the interesting letter of

5th March 1842, giving the reasons for grinding by stones rather

than by a steel mill (_ibid._ 30th July 1842, No. 20, p. 298).

[257] General Order of 8th November 1845, and Circular Letter of

the same date, in Twelfth Annual Report, 1846, pp. 72-77.

[258] The last instruction of the Central Authority during this

period with regard to employment is the Circular of 1st April

1846, stating that the task to be exacted in oakum-picking should

be 4 lb. per day for males and 2 to 3 lb. per day for females

(_Official Circular_, 1st April 1886, No. 58, p. 57).

(viii.) _Sanctions_

As the policy of the Central Authority was to exclude from the life of

the workhouse inmates everything of the nature of reward, encouragement,

stimulus, responsibility, or initiative, the question arises by what

means the monotonous discipline was to be maintained. The documents

indicate that the Central Authority relied on the two forces of

punishment and religion.

The discipline of the workhouse was to rest primarily on the fact that

the master, either with or without the prior sanction of the board of

guardians, had summary powers of instant, though carefully limited,

punishment of any pauper inmate. Any disobedience of the regulations or

of any order of the master might be punished, sometimes at his sole

discretion, sometimes by order of the board of guardians, by confinement

not exceeding twenty-four hours in a separate room or cell, and by

reduction to a diet of bread and water only for not more than two days.

Between 1840 and 1847 the disorderly or refractory pauper might also, by

order of the guardians, be made to wear a special dress for not more

than forty-eight hours.[259] But elaborate precautions were taken

against abuse. The greatest care was to be taken that no injury to

health was caused by any punishment.[260] Corporal punishment was

strictly confined to boys under fourteen. And, as some protection to the

paupers against tyranny or oppression, the rules as to discipline and

punishment were to be put up in the dining-halls, school-rooms, and

board-room;[261] it was expressly provided that any pauper who had been

punished or who was reported as refractory was (whether this was

requested or not) to be brought before the board of guardians at its

next meeting, and given an opportunity of complaining; and the visiting

committee was to ascertain the truth of every complaint made to them.

Under no circumstances was the master to lay hands on a pauper. If force

was absolutely needed, he should call in the porter or other

officer.[262] For graver offences the pauper had to be proceeded against

before the magistrates under the Vagrant Acts and the ordinary criminal

law.

[259] Form of Order, 1840, art. 5; in Seventh Annual Report, 1841,

p. 115. This was repeated in the General Order of 5th February

1842, art. 38, and Instructional Letter of the same date, in

Eighth Annual Report, 1842, pp. 86, 121. But it was omitted from

the General Consolidated Order of 24th July 1847. And when a board

of guardians had made all the unchaste women wear a yellow gown,

this was in 1839 disallowed by the Central Authority, on the mixed

grounds that the Poor Law Amendment Act had removed all penal

consequences from incontinence, and that classification should be

by present habits and character, not by past conduct (Minute of

5th March 1839, in Sixth Annual Report, 1840, pp. 98-100; _see

also_ Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 121). We are told that the slang term for

workhouse wards for immoral women was "Canary Wards," so that the

distinctive dress must have been widely known.

[260] Circular Letter of January 1841, in Seventh Annual Report,

1841, p. 121.

[261] Form of Order, 1840, art. 23; in Seventh Annual Report,

1841, p. 118.

[262] Circular Letter of January 1841, in Seventh Annual Report,

1841, p. 121.

Passing from punishment to religion, we may note that the main

preoccupation of the Central Authority was, in accordance with the 1834

Act, to protect the pauper from proselytism or from being compelled to

attend services contrary to his religious feelings. The basis of this

protection was the compulsory creed register. No pauper was to be

obliged to attend--or so placed that he could not avoid being present

at--any religious service contrary to his principles. Children were not

to be educated in any creed other than that of their parents. On the

other hand, it was expressly laid down that a chaplain should be

appointed and prayers and services should be officially provided,

although these were only to be those of the Established Church.[263] But

provision was made for what promptly became the holding of Nonconformist

services in the workhouse, by the permission that any pauper might be

visited at any time of the day by a licensed minister of his own

persuasion, for religious assistance or the instruction of

children.[264] Those who were registered as members of the Established

Church, whether adults or children, were not to be permitted, even with

their own consent, to receive religious assistance or instruction from

ministers of other denominations.[265] This, however, was altered in

1842, when the Central Authority, whilst still thinking it

"objectionable," announced that it would not interfere to prevent the

attendance of such persons as desired it at any Nonconformist service

performed in the workhouse.[266] In one union (Royston), where the board

of guardians refused to appoint a chaplain, and sought to induce the

inmates to receive the voluntary ministrations of Nonconformists, the

Central Authority was driven peremptorily to forbid, by three successive

special orders, any pauper inmate, whether child or adult, belonging to

the Established Church being even allowed to attend Nonconformist

services in the workhouse.[267] Finally, the Central Authority reverted,

for all unions, to its policy of 1839, restricting the ministrations of

Nonconformist ministers to members of their own denomination only,

except in so far as the guardians might choose to allow inmates

belonging to any sect of Protestant Dissenters to receive, if they

chose, the ministrations of any Protestant Dissenter.[268]

[263] Letter of 4th February 1836, in Second Annual Report, 1836,

pp. 66-67.

[264] Consolidated Order for the Administration of Relief in Town

Unions, 7th March 1836, sec. v. art. 17, in Second Annual Report,

1836, p. 91.

[265] Letter of 6th November 1839; in Seventh Annual Report, 1841,

pp. 230-2.

[266] Letter of 5th February 1842, in Eighth Annual Report, 1842,

p. 117.

[267] Special Orders, 1st February 1842, 20th April 1842, and 18th

January 1845; in Eleventh Annual Report, 1845, pp. 30-1, 132-3.

[268] General Consolidated Order of 24th July 1847, art. 122.

For all who did not conscientiously object, there were to be public

prayers daily before breakfast and after supper; and Divine service

within the workhouse every Sunday, at which attendance was compulsory on

all members of the Church of England, not being children or sick. It was

obligatory to appoint a chaplain, whose duty it was to preach every

Sunday, to examine and catechise the children at least once a month, and

to visit the sick. It is, however, to be noted that it was directed that

"the Sacrament of the Lord's Supper" was not to be administered in the

workhouse, except to "the sick and disabled inmates": though the

chaplain was allowed to permit any other inmates to communicate along

with the sick, if he thought fit.[269] Gradually, however, workhouses

got regular "chapels" within their walls, though without any express

direction or sanction of the Central Authority for their establishment

or equipment; and the Central Authority then allowed, when a chapel

existed, the administration of the Sacrament, if the bishop sanctioned

it.[270] No labour, except household work and cooking, was to be

performed on Sunday; nor (as was added in 1842) on Christmas Day and

Good Friday. The Anglican children were to be prepared for confirmation

by the chaplain, who might be assisted by the schoolmaster or

schoolmistress.[271] Originally no provision was made for permitting any

of the paupers ever to leave the workhouse to attend Divine service

outside, and the Central Authority long held to this position. Presently

it began to consider possible relaxations for the aged, the widows with

families, and the children.[272] In 1842 it was expressly left open to

the guardians to allow such inmates as they thought fit, to whatever

class they belonged, to go out to church or chapel, in the custody of

the master or porter, on Sunday, Good Friday, and Christmas Day.[273] In

strange contradiction of the dictum that the workhouse was not to be

looked on as a place for the punishment of past misconduct, this

privilege of going out to church or chapel was to be forbidden to any

woman who had an illegitimate child,[274] a disqualification not

incorporated in the General Consolidated Order of 1847. And as the

master or porter could not be required to go to a Dissenting chapel,

some other regulation was to be made by the guardians for the case of

Dissenters, "such as inducing the ministers of the different

congregations to certify the attendance," with "the times of the

commencement and end of the service."[275]

[269] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 117.

[270] Letter of 20th December 1842, in _Official Circular_, 25th

January 1843, No. 22, p. 31.

[271] _Official Circular_, 1st August 1845, No. 50, p. 123.

[272] Circular of 12th March 1838, in Fifth Annual Report, 1839,

pp. 71-72.

[273] General Order of 5th February 1842, arts. 32, 33, in Eighth

Annual Report, 1842, p. 85. Moreover, women after confinement

might be "churched," and children were normally to be baptized, in

the parish church (Instructional Letter of 5th February 1842, in

Eighth Annual Report, 1842, p. 117).

[274] General Order of 5th February 1842, arts. 32 and 33, in

Eighth Annual Report, 1842, p. 85. This was rescinded (but

apparently only for 81 unions out of 542) by Order of 7th February

1843, in Ninth Annual Report, 1843, p. 378.

[275] Instructional Letter of 5th February 1842; in Eighth Annual

Report, 1842, p. 118.

(ix.) _Discharge and Detention_

It was an essential part of the policy of the Central Authority that any

workhouse inmate over sixteen could leave the house on giving reasonable

notice--at first defined as three hours, and then left more vague, but

explained to mean sufficient to enable the master to make the necessary

entries, return the pauper's own clothes, etc., and to let the discharge

take place in working hours. The option was, however, with the head of

the family in each case; and if the head was "able-bodied"--it is not

clear whether this was to be in the "indoor" or the "outdoor" sense of

that term--the whole family had to leave with him (or her), unless the

board of guardians chose to allow an exception. In particular an

able-bodied man was not to be allowed to leave his wife and children in

the workhouse, whilst he sought work. If he insisted on going out, the

wife and children were also to be discharged with him.[276] It was, in

fact, to be a cardinal feature of the workhouse that so far as any

person over sixteen was concerned there should be no power of detention.

Even if paupers persisted in repeatedly passing in and out at short

intervals--it might be "for improper purposes"; even if "persons of weak

intellect" or of "confirmed vagrant habits" made it "a practice to

return again after a short absence, generally in a most abject and

loathsome state";[277] even if women persisted in returning to the

workhouse year after year to be confined of a succession of illegitimate

children;[278] or if sick paupers demanded their discharge at a time

when to go out would "damage their own health," or even, if they had an

infectious disease, "endanger the health of others,"[279] they were

still, after a warning, to be permitted freely to leave when they chose.

To this total lack of power to detain there were only three exceptions.

Children who were doubly orphaned, or deserted by both parents, might

be detained if under sixteen; the guardians (though without statutory

authority) being assumed to be _in loco parentis_. A person of unsound

mind, duly certified as such, could be detained; but this power did

not apply to persons of merely defective intellect or feeble-minded.

Finally, as we have already mentioned, the practice of four hours'

detention of vagrants in the casual wards was introduced by the

Central Authority, under the implicit authority of the Acts of 1842

and 1844.[280] On the other hand, although no person could insist on

admission to a workhouse, and the board of guardians could (subject to

their obligation to relieve him in some way, if actually destitute)

legally turn a pauper out of the workhouse who did not wish to leave,

the Central Authority advised that, as "persons who are not really

destitute would be unwilling to remain" in any workhouse that was

"properly regulated," this legal power ought not to be exercised,[281]

except, as above explained, in the case of dependents where the head

of the family insisted on taking his own discharge; or except for

the purpose of immediately prosecuting the pauper under the Vagrant

Acts.[282]

[276] _Official Circular_, 16th November 1841, No. 13, pp. 187-8.

[277] Answer of 9th June 1842, in _Official Circular_, No. 23, p.

40.

[278] Answer of 10th February 1843, in _Official Circular_, 23rd

May 1843, No. 25, p. 94.

[279] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, pp. 114-155.

[280] 5 & 6 Vic. c. 57, sec. 5, and 7 & 8 Vic. c. 101, sec. 53.

_See ante_, p. 14.

[281] Answer of 4th January 1844, in _Official Circular_, 31st

January 1844, No. 31, p. 187; Instructional Letter of 5th February

1842, in Eighth Annual Report, 1842, p. 107.

[282] Instructional Letter of 5th February 1842, in Eighth Annual

Report, 1842, p. 107.

(x.) _The Workhouse of the General Consolidated Order of 1847_

We will now attempt to summarise the policy of the Central Authority as

it stood in 1847 with respect to indoor relief. The workhouse for each

union was to be one centrally situated, plain building; designed to

house all sorts and conditions of paupers, under one head, and according

to a single code of rules. There was to be complete separation of the

sexes, with the one nominal exception in favour of aged married couples

who demanded it. But the regulations made association among inmates of

the same sex practically unrestricted. For although the elaborate

classificatory scheme of 1836 depending on the respective ages was duly

incorporated in the General Consolidated Order of 1847, this was

hindered from ensuring any effective segregation by exceptions and

inconsistent provisions; and was, in fact, rendered practically nugatory

by requiring all inmates capable of service to perform the household

work of all the wards and to supervise or serve all the other inmates of

the same sex. On the other hand, all the workhouse inmates were to be,

as far as possible, restricted from intercourse with the outside world,

and thus confined to the atmosphere of pauperism. The policy with regard

to treatment was to insist on cleanliness and order; to provide food,

clothing, and sleep ample for health (even, to modern ideas, excessive);

and to balance this by rigorous discipline, complete subjection to the

master, and suppression of all individual impulse. Above all, the

paupers were to be kept constantly occupied in toil, persistent and

monotonous, with every element of encouragement, stimulus,

responsibility, initiative and skill deliberately eliminated. Everything

in the nature of recreation, mental exercise or training was (except for

a minimum of teaching to the young children) avowedly excluded. The only

forces appealed to were the fear of punishment and a modicum of

religious exhortation. It was a fundamental principle that the _régime_

of the workhouse should apply uniformly to all the pauper inmates

whatever their past character, or present conduct, with the

indispensable minimum of deviation for senility, infancy, and actual

infirmity from sickness or otherwise. Even the sick are almost entirely

ignored in the Orders of the Central Authority, and there is the very

minimum of recognition of any hospital provision. The policy of the

Central Authority at this date, in short, deliberately excluded any use

of the workhouse for the curative, reformatory, or educational treatment

of any class whatsoever. There was only to be one institution in each

Union for all classes of paupers. It was to be a place which, whilst it

provided the full requirements of physical health, starved both the will

and the intelligence, and forced the pauper into a condition of

blank-mindedness. By this means it was intended that no destitute person

still capable of exerting or of enjoying himself, with the merest shred

of mental faculty or mental desire, would consent to remain in the

workhouse a day longer than he could help. Hence it was a part of the

policy to avoid all obligatory detention, and to persist in regarding

the workhouse as a place of merely temporary sojourn, in which no

inmate, of whatever age, sex or condition, need be permanently

domiciled.

_K._--THE POSITION IN 1847 COMPARED WITH THE PRINCIPLES OF 1834

The proposals and recommendations of the Report of 1834 fall under five

heads, though opinions may differ as to the relative weight intended to

be given to each. These five heads are:--

(i.) That there should be national uniformity in the treatment of

each class of paupers, so that every applicant of any class might

receive identical treatment wherever he happened to reside.

(ii.) That outdoor relief to the able-bodied and their families

should be abolished--it being left ambiguous whether or not this

applied to any woman not legally dependent on an able-bodied man.

(iii.) That each local authority should have a workhouse in which

able-bodied applicants for relief should be received and set to

work under strict discipline, in order to test their destitution.

(iv.) That the condition of the able-bodied pauper should be less

eligible than that of the lowest class of independent labourer.

(v.) That, in so far as the aged and infirm or the children were

given indoor maintenance, this should be in separate institutions,

under distinct management, in which the old might "enjoy their

indulgences" and the children be educated by "a person properly

qualified to act as a schoolmaster."

Dealing separately with each of these, we see, with regard to national

uniformity, that the Poor Law Commissioners had failed to embody this in

their Orders even with regard to able-bodied men; and had, by 1847,

wholly abandoned it in regard to other classes. In over 100 places the

Poor Law Commissioners had practically failed to introduce their new

principles at all. The rest of the country was divided for some purposes

into two, and for others into three geographical areas of uneven size.

In 396 unions outdoor relief to the able-bodied and their families was

prohibited. In thirty-two unions under one set of regulations, and in

eighty-one and twenty-nine unions under others, it was permitted on

conditions. But it was with regard to the relief of women and children

dependent on able-bodied persons that the two geographical areas

differed most markedly. In the 396 unions, these dependents of

able-bodied persons could not be relieved otherwise than in the

workhouse. In the thirty-two, and also in the eighty-one and twenty-nine

unions, they could be relieved in their homes. A similar geographical

difference prevailed with regard to the relief to be given to the

independent woman. For all the other classes of paupers, whether these

were the specific exceptions to the classes above mentioned, or the much

more numerous "aged and infirm," "sick," or orphan or deserted children,

no uniform method of relief was prescribed or even suggested. Each of

the local authorities was left to devise its own policy.

Passing now to the second head, the abolition of outdoor relief to

able-bodied persons and their families, we note that the Poor Law

Commissioners had, by 1847, in regard to 142 unions (comprising over

one-fifth of the whole number), practically abandoned the hope of

prohibition. In its stead, the Commissioners had sanctioned the opening

of stone-yards, etc., for the employment of men receiving outdoor

relief.

With regard to the third head, the use of admission to a workhouse as a

test of destitution of the able-bodied, this was not prescribed by the

Commissioners to the 142 unions just mentioned.

The fourth head, making the condition of the able-bodied pauper less

eligible than that of the lowest class of independent labourer, the

Commissioners strove incessantly to insist upon. But by 1847 they had

given up attempting to secure this less eligible state by giving less

food, inferior clothing, worse accommodation, or shorter hours of sleep

than those enjoyed by even the average labourer. The Commissioners were

now attempting to secure this less eligible state by monotonous toil,

lack of all recreation, a total absence of any mental stimulus, and,

where possible, by confinement within the workhouse walls.

But it was under the fifth head that the Commissioners had, by 1847,

departed most widely from the principles of 1834, viz. in the kind of

institutional treatment to be provided for such aged and infirm persons,

or children, as the local authority chose to refuse outdoor relief to,

and to receive in the workhouse. Following the lead of the Report of

1834, the Poor Law Commissioners took no steps, so far as we can

ascertain, either to encourage or to discourage the relief of the aged

and infirm, and of the sick, by money allowances in their own homes. But

where these classes were admitted into the workhouse, the

Commissioners, instead of the separate, specialised institutions

recommended in the Report of 1834, prescribed one general workhouse to

contain these classes together with the able-bodied and their families,

and, we may add, also the orphan and deserted children. This involved,

in spite of the elaborate classification nominally imposed, an

indiscriminate, common establishment, with a uniform _régime_ for all

classes alike. This _régime_ was, with the minimum of exceptions, that

devised for the able-bodied adults. The workhouse of 1847 was, above

all, to serve as a test of destitution, and as a place which the

able-bodied would find less eligible than the worst independent

existence. Hence when it was used for all classes--the aged and infirm,

the sick, the dependent women, the young children, the defectives of

various kinds, and those whom accident or sudden emergency had thrown

within its walls--it was necessarily, to all of them alike, an

institution which, whilst providing the full requirements of physical

health, starved both the will and the intelligence, and forced the

pauper into a condition of blank-mindedness.

It must be said that, between 1834 and 1847, there seems to have been

entertained by some persons of authority and repute a simpler and most

drastic view of the policy intended by the Report and Act of 1834,

namely, the abolition, as soon as practicable, of all outdoor relief to

all classes of paupers; and the substitution, in all cases, of the offer

of admission to the workhouse. This was intended to ensure that the

condition of the persons relieved should be "less eligible," so as to

induce them and their relatives to avoid maintenance out of the poor

rate. It is clear, as we have shown, that neither the Inquiry

Commissioners of 1834, nor Parliament, nor yet the Poor Law

Commissioners themselves between 1834 and 1847, ever took that view.

They were too fully conscious of the impossibility of so dealing with

the great mass of the sick and the aged and infirm, and they had not at

all made up their minds about widows with children, or even about

unencumbered independent women. Harriet Martineau, indeed, who had not

before her the statistics showing to what an enormous extent the

pauperism--even that of 1834--was made up of the aged and infirm and the

sick, could naïvely depict, in her _Poor Law Tales_, the complete

success of an absolutely inflexible offer of "the House" to every

applicant without exception; the result being an entirely de-pauperised

parish, and the overseer turning the key in the door of an absolutely

empty workhouse. What is more remarkable is to find even able

subordinates of the Poor Law Commissioners talking as if they took this

view. "It appears to me," wrote Sir Francis Head in 1835, "that we have

no discretion allowed to us to deliberate whether the workhouse system

is good or bad. Our Poor Law Amendment Act is physic which the

legislature, in the character of physician, has prescribed to remedy an

acknowledged evil. We are called upon to administer it, and it seems to

me that the only discretion granted to us is to determine what period is

to elapse before _all outdoor relief is to be stopped_."[283]

[283] MS. letter, Sir Francis Head to S. L., 6th November 1835. It

is perhaps a question whether Sir Francis Head really meant what

he said; or whether he was not speaking merely of outdoor relief

to the able-bodied.

Fortunately we are not left to conjecture in this matter. In 1847, on

the eve of their transformation into the Poor Law Board, the

Commissioners (then Sir George Nicholls, Sir George Cornewall Lewis and

Sir Edmund Head) put officially on record what in their view had been

the intention of the legislature in passing the Act of 1834, and what,

in this respect, had been their own consistent policy. In a special

report to the Home Secretary in 1847, they declare that: "In exercising

the discretion entrusted to them by the legislature, the Commissioners

have been placed between two extreme opinions with respect to the manner

of framing their regulations. On the one hand, it is held that the main

object of the Poor Law Amendment Act is the extinction or repression of

outdoor relief _generally_ (and not merely of the outdoor relief of the

_able-bodied_), with the consequent diminution of the expenditure from

the poor's rate; and that the Commissioners ought to proceed to the

accomplishment of this end with little regard to public opinion. On the

other hand, it is asserted that the existing law, and the regulations

made under it, have gone much too far in the limitation of the outdoor

relief of the able-bodied, have effected too great a reduction in the

amount of pauperism and the expenditure for the relief of the poor, and

have thereby deprived the poorer classes of a vested right in the

property of the rate-paying part of the community.

"The Commissioners have pursued a middle course, almost equally removed

from each of these extremes. They have considered the main object of the

legislature in passing the Poor Law Amendment Act to have been the

extinction of the _allowance system_;[284] or the system of making up

the wages of labourers out of the poor's rate. With this view their

regulations respecting the limitation of outdoor relief have been almost

exclusively confined to the able-bodied in health; and these regulations

have been issued particularly to the rural unions inasmuch as it was in

the agricultural counties, and not in the large towns or manufacturing

districts, that the allowance system was most prevalent, and led to the

most dangerous consequences.... The Commissioners ... have to the utmost

of their power given effect by their regulations to the views of the

legislature."[285]

[284] _See_ the preamble to Sec. 52 of the Poor Law Amendment Act.

[This footnote, like the italics, is in the original.]

[285] Letters addressed by the Poor Law Commissioners to the

Secretary of State respecting the Transaction of the Business of

the Commission, 1847, House of Commons, No. 148 of 1847, pp. 30-1.

In 1847 the Poor Law Commissioners were, by Act of Parliament,

abolished, and their duties transferred to the Poor Law Board, under a

minister responsible to Parliament.

It is therefore more correct to treat, as Mr. Mackay does, the policy of

abolishing outdoor relief to all classes as a further development of the

"principles of 1834," rather than as part of them. "The administrative

success of the Act of 1834," he writes, "consists in the fact that the

offer of the workhouse served quite as well as an absolute refusal of

relief. It obliged the able-bodied to assume responsibility for the

able-bodied period of life; and, as we shall presently see, _it is now

argued that an application of the same principle to the other

responsibilities of life would produce equally advantageous results_....

That the able-bodied period of life must be responsible for the period

that is not able-bodied is an incontrovertible proposition. But the

first step, at that date the only practicable step, in recreating the

personal responsibility of the labourer, was to hold him responsible for

the able-bodied period of his own life" (_History of the English Poor

Law_, by T. Mackay, 1899, vol. iii., pp. 137 and 154).

CHAPTER III

THE POOR LAW BOARD

We have seen that between 1834 and 1847 the Central Authority settled

down to a certain empirical policy as to the administration of relief,

which was embodied, as regards workhouse management throughout the whole

country, in the General Consolidated Order of 1847; and (as regards

outdoor relief in the different geographical regions into which England

and Wales had been divided) in the Outdoor Relief Prohibitory Order of

1844, in that Order coupled with a Labour Test Order, and in the series

of separate Orders to be presently consolidated in the Outdoor Relief

Regulation Order of 1852. The policy thus adopted was, as we have seen,

in various important respects not that of the "principles of 1834." It

is significant of the difficulty which was experienced in putting those

principles into operation that there was, during the whole period

1847-71, no attempt to bring the general policy into conformity with

that of the Report of 1834. We see no attempt at revision--indeed

practically no criticism or desire for revision--of the great Orders of

1844, 1847 and 1852. What happened was a slow and almost unselfconscious

development of a supplementary policy in respect to certain favoured

classes of paupers, notably children and the sick--classes which had

been practically ignored in the 1834 Report. This supplementary policy

was avowedly based, not on the principle of a minimum relief of

destitution with deterrent conditions, but on that of supplying whatever

was necessary for adequate training or treatment, without objecting to

the incidental result that this meant placing out in the competitive

world the persons thus dealt with in a position of positive advantage

as compared with the lowest class of independent labourers, who plainly

could get no such training or treatment. It does not appear necessary,

for this period, to separate the analysis of the statutes from that of

the orders of the Central Authority. Though the Acts of Parliament are

numerous--one or two for every session--they relate principally to the

machinery of administration,[286] and (except in the case of children)

deal only slightly with policy. Parliament had, in fact, ceased to be

interested in the Poor Law, and furnished for many years practically

neither independent criticism nor initiative. "The Poor Law Board,"

observed Sir George Cornewall Lewis in 1851, "has now become purely

administrative and has no character or policy of its own."[287] It got

from Parliament just what additional powers it chose to ask for.[288] We

may therefore include in one analysis both the statutes and the orders

relating to relief policy.

[286] It is a noticeable fact that certain classes of paupers are

never mentioned in the legislation of this period, presumably

because Parliament was satisfied with the result of giving wide

powers to the Central Authority, and did not wish to interfere

with its discretion. Apparently there is no single clause dealing

with the treatment either of the able-bodied or of the aged. Women

are almost equally ignored, wives only being referred to, and they

merely in connection with questions of chargeability, and in such

a way as to indicate their complete dependence on their husbands.

Children, on the other hand, are the subject of numerous

enactments, and the sick, lunatics and vagrants also obtain

recognition.

[287] Lewis to Head, 19th May 1851, in _Letters of Sir G. C.

Lewis_, edited by Sir G. F. Lewis, 1870, p. 245.

[288] Thus, under the Poor Relief Act, 1849, the Commissioners

might make rules "for the management and government of any house

or establishment wherein any poor person shall be lodged, boarded

or maintained, for hire or remuneration, under any contract or

agreement entered into by the proprietor, manager or

superintendent, ... with any guardians," unless such an

institution be a county lunatic asylum, a hospital registered or

house licensed for the reception of lunatics, or a "hospital,

infirmary, school or other institution, supported by public

subscriptions, and maintained for purposes of charity only" (12 &

13 Vic. c. 13, secs. 1, 2). By the Metropolitan Poor Act 1867 (30

& 31 Vic. c. 6), they were given power to combine Metropolitan

unions and parishes into districts for the provision of sick,

insane, infirm or other asylums (see sections on the sick and

lunatics) and to direct the erection or adaptation of the

necessary buildings; what use the Central Authority made of these

powers will be seen presently. Another Metropolitan Poor Act in

1871 extended the application of the former to "any ship, vessel,

hut, tent, or other temporary erection which may be used by the

managers, with the approval of the Poor Law Board, for the

reception of paupers, or otherwise for the purposes of the asylum"

(34 Vic. c. 15, sec. 1). The Central Authority was also enabled

(by the Paupers Conveyance Expenses Act 1870) to "direct in what

cases (other than those expressly provided for by law) and under

what regulations, the guardians ... may pay the reasonable

expenses incurred ... in conveying any person chargeable ... from

one place to another in England" (33 & 34 Vic. c. 48, sec. 1).

_A._--_The Able-bodied_

So far as may be gathered from new statutes, new general orders, or new

circulars of the Central Authority, there was, between 1847 and 1871, no

new policy prescribed to the local Poor Law authorities[289] for the

relief of the able-bodied. It is true that in August 1852, revised in

December 1852, we have a great General Order (still in force), the

Outdoor Relief Regulation Order, which permitted outdoor relief to the

able-bodied, unconditionally for women, and subject to test work for

men. This, however, was but a codification, with slight amendments, of

the separate Outdoor Labour Test Orders that had been issued between

1835 and 1852. It might, therefore, be inferred that the Central

Authority did not, between 1847 and 1871, change its policy.[290]

[289] The episode of the Lancashire Cotton Famine, and its relief

works, in which the boards of guardians were concerned only as

nuisance-abatement authorities, will be dealt with under the head

of Municipal Work for the Unemployed.

[290] It should perhaps be said that the Central Authority sought

to widen the category of able-bodied, so as definitely to include

persons over sixty, but in no way disabled (_Official Circular_,

April 1849, No. 24, N.S., p. 63); and also "Children competent to

render service" (Poor Law Board to Evesham Union, 3rd April 1869,

in Twenty-second Annual Report, 1869-70, p. 5).

(i.) _National Uniformity_

No attempt was made to secure national uniformity with regard to the

treatment of the able-bodied.

Union after union was brought under one or other of the three systems

which we have already described until, by 1871, with half-a-dozen

exceptions, the whole area was covered. The Outdoor Relief Prohibitory

Order of 1844 (forbidding, with certain exceptions, outdoor relief to

the able-bodied, whether men or women) continued in force in, or was

issued anew to, certain unions. This Order, coupled with an Outdoor

Labour Test Order (sanctioning outdoor relief to able-bodied men and

their families subject to test work by the man, but prohibiting outdoor

relief to able-bodied independent women), continued in force in, or was

issued anew to, certain other unions. To a third set of unions there was

issued the Outdoor Relief Regulation Order (permitting outdoor relief to

able-bodied women unconditionally, and to able-bodied men subject to

test work). These three systems of outdoor relief to the able-bodied

remained, between 1847 and 1871, essentially as they had been elaborated

between 1834 and 1847.

But meanwhile a great change in the policy of the Central Authority was

silently taking place. The areas over which the three systems were

applied completely shifted in relative importance. In 1847 the Outdoor

Relief Prohibitory Order, issued alone, which may be said to come

nearest to the "principles of 1834," had been imposed on 396 unions; the

two other systems standing out only as relatively small exceptions,

temporarily applicable to 142 places in all.

It is clear that at that period the Central Authority was "of opinion

that where there is a commodious and efficient workhouse, it is best

that _the able-bodied paupers_ should be received and set to work

therein."[291]

[291] Circular of 25th August 1852 in Fifth Annual Report, 1852,

pp. 21-2. Note the limitation which we have italicised.

Yet for the next twenty years the part of England and Wales to which the

Central Authority sought to apply this policy steadily shrank. In 1871,

the Outdoor Relief Prohibitory Order, issued alone, applied only to 307

unions, containing a steadily declining proportion of the total

population.

That Order was mitigated in 217 unions, comprising a steadily increasing

population, by being accompanied by a Labour Test Order. Finally, the

Outdoor Relief Regulation Order, since 1852 adopted as a permanent

policy, had crept over the Metropolis, Lancashire, and Yorkshire, and

the majority of urban centres elsewhere, to the number of no fewer than

117. In these important districts the Central Authority had become

convinced, to use its own words, that it was "_not expedient ... to

prohibit out-relief to any class of paupers_."[292]

[292] _Ibid._ p. 22.

The able-bodied in the workhouse remained under the General Consolidated

Order of 1847 essentially as we have already described them.

(ii.) _Municipal Work for the Unemployed_

We must here mention the episode of the public works undertaken in

1863-6 by the municipal and public health authorities of Lancashire,

etc., as a means of relieving the distress caused by the cotton famine.

As this has been so clearly described by various writers, it will

suffice here to draw attention to the fact that although directed by the

Poor Law Board, these works of municipal improvement formed no part of

its Poor Law policy. The Central Authority began by sanctioning "a large

amount of relief given at variance with the provisions of the General

Relief Regulations Order."[293] The problem was then tackled by

extensive charitable funds. Finally the Poor Law Board itself came to

the conclusion that "it appeared highly desirable that the large bodies

of able-bodied men who had been so long deprived of their usual

employment should not continue to be relieved either in idleness, or on

the performance of a task of unremunerative labour, but should rather,

if possible, have work at adequate wages placed within their reach which

would enable them to obtain an independent livelihood."[294] What was

then adopted was the policy of using public orders for necessary work as

a means of partially filling the gap in the aggregate volume of

employment caused by the stoppage of the mills. Various minor relief

works, in the ordinary sense of the term, were started by local

committees and private persons. But the main experiment, fostered by

Government loans of nearly two millions, and the advice of a Government

engineer, took the form of the execution by the municipalities, and

other local authorities, of necessary works of public improvement,

which, far from being artificially created in order to give employment,

would in any event have had to be executed, and were, in fact, long

overdue.[295] There was no attempt to set all the unemployed to work,

and no desire to confine to them the staff that was engaged. As a matter

of fact, about a third of the men taken on were workmen skilled in the

particular work to be done, and these do not appear to have been drawn

from the unemployed class at all. But for the mere unskilled manual work

volunteers were (in some, but not all the cases) asked for among the

distressed cotton operatives, from amongst whom the necessary number of

labourers were selected, to be engaged _at labourers' rates of pay_.

Thus, although in this utilisation of public orders to regularise the

volume of employment there was just this element of relief works, that

in some of the towns and some of the works use was made, for the

unskilled manual labour, of the services of selected unemployed cotton

operatives, the Lancashire authorities escaped what we have elsewhere

called the essential dilemma that attends the artificial employment of

the unemployed. As they were in the exceptional position of having to

offer unskilled labourers' work to skilled and normally highly-paid

operatives--and as they did not pretend to take on "the unemployed" as

such, but merely asked for so many volunteers from among the cotton

operatives to the exclusion of the actual labouring class--the wages

that they gave, though sufficient for livelihood, offered no attraction

to any of those whom they employed who had the alternative of returning

to their accustomed occupation. The boards of guardians were concerned

in these works only in their capacity as public health authorities. But

the fact is important that in this emergency, the Poor Law Board itself,

beginning with a mere relaxation of its regulations, turned then, as an

alternative, to even less strictly regulated charity, and finally came

to the conclusion that the best policy was to use the municipal orders

for waterworks, sewers, and paving works, as far as possible, to make up

a definitely ascertained deficiency in private orders. It was, we

suggest, just because these were not relief works in the usual sense of

the term, but merely public works of utility and even of necessity that

were long overdue, and because they were, in the main, executed as such

by labourers engaged at wages in the ordinary way, and not with a view

of offering work to all who demanded it, that the Poor Law Board could

come unhesitatingly to the conclusion that the experiment had been a

great success. The success, however, of the Government loan of nearly

two millions lay at least as much in the stimulus given to sanitary

improvement and municipal enterprise as in the comparatively small

amount of relief thereby directly afforded to the distressed cotton

operatives.[296]

[293] Fifteenth Annual Report, 1862-3, p. 14.

[294] Sixteenth Annual Report, 1863-4, p. 15. The boards of

guardians did not, in this emergency, always turn round as quickly

as did the Central Authority. Thus, in December 1863, the

Manchester Town Council, which was building its Prestwich

Reservoir, and applying for a loan of £130,000 under the new Act,

offered to the Manchester Board of Guardians to take on any

able-bodied paupers as labourers. That body, instead of gladly

accepting under proper arrangements, passed a series of abstract

resolutions, to the effect "that this Board conceives that the

payment by boards of guardians of wages in return for labour to

poor persons chargeable or seeking to become chargeable upon the

rates, or the holding themselves responsible for the providing of

such labour for wages--thus impairing the self-reliance of the

poor--is opposed to the whole spirit and intent of the Poor Law,

and it is inexpedient both upon social and economical grounds."

The town council (which duly received its share of the Government

loan from the Poor Law Board) persisted in its desire to be

helpful in the great crisis, and let the work to a contractor, who

undertook to employ only such unemployed operatives as were

recommended by the board of guardians or any other body to be

named by the town council, but with full control and right of

dismissal. We do not find evidence that the guardians named any

one (MS. Minutes, Manchester Board of Guardians, 3rd and 10th

December 1863).

[295] "No work has been executed ... which was not desirable as a

work of permanent utility and sanitary improvement, altogether

independent of the circumstances which, during the existence of

the cotton famine, gave rise to the special Acts of Parliament....

During the rapid growth of these towns works necessary to health,

comfort and trade, such as main sewering ... had not been executed

as rapidly as they were required" (Rawlinson's Report of 12th

January 1866, in Eighteenth Annual Report of the Poor Law Board,

1865-6, pp. 44, 46).

[296] For this, the leading case in England of national relief

works, see Professor Smart's Memorandum on the Poor Law Board, in

Report of the Poor Law Commission, 1909, Appendix, vol. 12; Annual

Reports of the Poor Law Board, 1862-3 to 1865-6 inclusive;

_History of the English Poor Law_, by T. Mackay, 1899, vol. iii.,

pp. 398-424; _The Facts of the Cotton Famine_, by Dr. John Watts,

1866; _History of the Cotton Famine_, by R. A. (afterwards Sir

Arthur) Arnold, 1864; _Lancashire's Lesson_, by W. T. M'Cullagh

Torrens, 1864; _Public Works in Lancashire for the Relief of

Distress_, 1863-6, by Sir R. Rawlinson, 1898.

An incident of this great experiment is worth recording, as possibly

affording a hint and a precedent. In October 1862--before the Government

loans had actually started the municipalities engaging in municipal

works--the Central Authority authorised the Manchester Board of

Guardians to give outdoor relief to able-bodied men for whom a labour

test could not be provided, on condition that they attended educational

classes arranged by the guardians. This permission was largely acted

upon. One whole trade union (the Society of Makers Up), asked "to be

sent to school, instead of to labour." Not only were reading and writing

taught, but what we should now term university extension lectures were

delivered (by Professor Roscoe, etc.).[297]

[297] MS. Minutes, Manchester Board of Guardians, 30th October,

20th November, and 3rd December 1862.

_B._--_Vagrants_

We left the Poor Law Commissioners, in 1847, at last awake to the fact

that the policy of the Report of 1834--that vagrants should be treated

like any other able-bodied male paupers, and offered "the House"--had

been a conspicuous failure. The new "union workhouses," rising up all

over the country, afforded to the habitual tramp a national system of

well-ordered, suitably situated, gratuitous common lodging-houses, of

which he took increasing advantage.[298] Confronted by this growth of

vagrancy, the Poor Law Commissioners, towards the end of their term, had

pressed on boards of guardians a new vagrancy policy--that of making the

night's lodging disagreeable to the wayfarer. By statute and order the

Central Authority had authorised compulsory detention for four hours and

the exaction of a task of work. This policy had not been generally

adopted, nor particularly successful where tried. In the bad years of

1847-9 vagrancy was still increasing at a dangerous rate, and one of the

first duties of the new Poor Law Board was to issue instructions on the

subject.

[298] Reports and Communications on Vagrancy, 1848.

The instructions given by Mr. Charles Buller, the first President of the

Poor Law Board, adumbrated in the guise of a policy what were really two

distinct and inherently incompatible lines of action. The Central

Authority, on the one hand, pressed on boards of guardians the

advisability of discriminating between the honest unemployed in search

of work and the professional tramp--"the thief, the mendicant and the

prostitute, who crowd the vagrant wards"--even to the extent of refusing

all relief whatsoever to able-bodied men of the latter class, who were

not in immediate danger of starvation. It seems as if the Central

Authority was at this point almost inclined to press on boards of

guardians the Scottish Poor Law policy of regarding the able-bodied

healthy male adult as ineligible for relief. "As a general rule," it was

laid down, the relieving officer "would be right in refusing relief to

able-bodied and healthy men; though in inclement weather he might afford

them shelter if really destitute of the means of procuring it for

themselves."[299] Acting on this suggestion many boards of guardians

closed their vagrant wards,[300] and the Bradford Guardians decided to

"altogether dispense with" the meals heretofore given "at the vagrant

office."[301] The honest wayfarer in temporary distress might, it was

suggested, be given a certificate showing his circumstances,

destination, object of journey, etc., upon production of which he was to

be readily admitted to the workhouses, and provided with comfortable

accommodation.[302]

[299] Minute of Poor Law Board, 4th August 1848, in _Official

Circular_, 1848, No. 17, N.S., p. 271.

[300] _On Vagrants and Tramps_, by T. Barwick L. Baker (Manchester

Statistical Society, 1868-9, p. 62).

[301] MS. Minutes, Bradford Board of Guardians, 23rd November

1849. On this, the Central Authority evidently felt that it had

gone too far. It informed the Bradford Guardians that the

resolution must be rescinded; that "in affording relief to

vagrants the guardians should be governed by the same rule that

applies to relief in other cases, namely, the nature of the

destitution and the amount of the necessity of the applicant. If

the guardians or their officers are satisfied that there is no

actual necessity, no danger to health or life, they will be

justified in refusing to give more than shelter [Mr. Buller's

circular had suggested refusing even shelter in weather not

inclement]; but if the applicant appears to be really in want of

food, it must be supplied" (Poor Law Board to Bradford Union, 29th

November 1849; MS. Minutes, Bradford Board of Guardians, 30th

November 1849).

[302] _Official Circular_, No. 17, N.S. July and August 1848, p.

270.

To aid in this discrimination, it was suggested that a police constable,

who had knowledge of habitual vagrants and was feared by them, would be

useful as an assistant relieving officer.[303] Nevertheless the other

policy, that of the casual ward, admitting to its disagreeable and

deterrent shelter every applicant who chose to apply for it, was not

abandoned by the Central Authority. The orders and instructions about

casual wards still remained in force, and continued to be issued or

confirmed. These involved, not the refusal of relief to the able-bodied

healthy male adult, but systematic provision for it, coupled with

detention and a task of work.

[303] _Ibid._ p. 271.

Ten years later we find the Central Authority definitely abandoning, so

far as the Metropolis was concerned, both its policy of discrimination

among wayfarers and that of refusing, at any rate in weather not

inclement, relief to the healthy able-bodied male vagrant. The London

workhouses had become congested "by the flocking into them of the lowest

and most difficult to manage classes of poor."[304] They were now to be

entirely relieved of the annoyance and disorganisation caused by the

nightly influx of casual inmates. All persons applying for a night's

lodging were to be subjected, whatever their antecedents, character, or

circumstances, to a uniform "test of destitution," by being received

only in "asylums for the houseless poor," six of which, conducted on a

uniform system of employment, discipline, and deterrent treatment, were

to be established in London apart from the workhouses.[305] This was

admittedly a revival of the project of 1844,[306] which had failed from

the "want of co-operation on the part of several of the boards of

guardians."[307] The revived policy proved for six years equally

unsuccessful and for the same reason. The six "asylums for the houseless

poor" did not get built, and vagrants continued to be dealt with

haphazard in the forty Metropolitan workhouses. In 1864 the Central

Authority took what proved to be a decisive step. The Metropolitan

Houseless Poor Acts, 1864 and 1865, made it obligatory on Metropolitan

boards of guardians to provide casual wards for "destitute wayfarers,

wanderers, and foundlings."[308] At the same time it bribed them to

adopt that policy for all wayfarers by making (in accordance with a

recommendation of the House of Commons Select Committee on Poor Relief

of 1864) the cost of relief given in the casual wards a common charge

upon the whole of London.[309] The casual wards so made a common charge

had to be conducted under rules to be framed by the Central Authority;

and these we have in the Circular of October 26th 1864, recommending

that the new casual wards should consist of two large "parallelograms,"

each to accommodate in common promiscuity as many of one sex as were

ever expected; furnished with a common "sleeping platform" down each

side, on which the reclining occupants were to be separated from each

other only by planks on edge; without separate accommodation for

dressing or undressing; and with coarse "straw or cocoa fibre in a loose

tick," and a rug "sufficient for warmth."[310] To this was added, by the

General Order of March 3rd 1866, a uniform dietary "for wayfarers" in

these wards of bread and gruel only,[311] thus definitely marking the

abandonment, so far as London was concerned, of all attempt, either at

refusing a night's lodging to able-bodied healthy males, or at doing

anything more or anything different for the honest unemployed wayfarer

than for the professional tramp.

[304] Mr. Sotheron Estcourt (President of Poor Law Board), 15th

July 1858, _Hansard_, vol. 151, p. 1500. "The nightly occupants of

the vagrant ward interfere with the regular inmates, harass the

officers, and at some seasons and in some workhouses render it

impossible to preserve the order or to carry out the ordinary

regulations of the establishment" (Circular of 30th November 1857,

in Eleventh Annual Report, 1858, p. 29).

[305] _Ibid._ pp. 30-31.

[306] Mr. Sotheron Estcourt, 15th July 1858; _Hansard_, vol. 151,

p. 1500.

[307] Minute of 23rd December 1863, in Sixteenth Annual Report,

1863-4, p. 31.

[308] 27 & 28 Vic. c. 116 (1864); 28 & 29 Vic. c. 34 (1865);

Circular of 26th October 1864, in Seventeenth Annual Report,

1864-5, p. 77.

[309] The first expedient was to cause the sums so expended to be

refunded by the Metropolitan Board of Works. In 1867 this was

replaced by the Common Poor Fund.

[310] Circular of 26th October 1864, in Seventeenth Annual Report,

1864-5, p. 78. It may be added that from 1863 onward, the police

acted as assistant relieving officers for vagrants in the

Metropolis. The police complained of the filth and vermin brought

to the police stations by applicants for relief, and they were

relieved of the duty in 1872 (Report of Departmental Committee on

Vagrancy, 1906, Cd. 2852, vol. i. p. 12). The police also acted

for some rural boards of guardians, the police stations serving as

"vagrant relief stations," e.g. at Bakewell, where they were

discontinued in 1869 (MS. Minutes, Bakewell Board of Guardians,

15th March 1869).

[311] General Order of 3rd March 1866, in Nineteenth Annual

Report, 1867, p. 37.

Notwithstanding the apparent decisiveness of policy as to vagrants

embodied in the Metropolitan Houseless Poor Act of 1864, we find the

Central Authority, disturbed by the steady growth of vagrancy throughout

the country,[312] still continuing to talk about discrimination. In

1868, Sir M. Hicks-Beach, in announcing that the Poor Law Board

contemplated extending to the whole country the Metropolitan system of

dealing with vagrants, added, with an inconsistency which we do not

understand, that "it would be required ... that guardians should take

the responsibility of a sound and vigilant discrimination between

deserving travellers in search of work and professional vagrants not

really destitute, by the appointment of officers capable of exercising

such discrimination; and that, where practicable, the police should be

appointed assistant relieving officers. The forthcoming Order would

likewise suggest, in cases where it might be practicable, that the

accommodation for deserving travellers should be different from that

given to professional vagrants."[313] Yet even for the professional

vagrant the promiscuous London casual ward of 1864 was not to be

extended. "It was," said the President of the Poor Law Board in 1868,

"very desirable that ... each person should have a separate or divided

bed place."[314] The new policy, which the President seems to have

thought was the London policy of 1864, but which was really a revival of

Mr. Charles Buller's policy of 1848, was embodied in a Circular, which

admittedly reproduced, in all essentials, the Minute of 1848--the

necessity of discrimination, the employment of the police, the issue of

tickets to genuine honest wayfarers, their comfortable accommodation in

workhouses without task of work, and the desirability of uniformity of

treatment in the different unions.[315]

[312] Reports on Vagrancy made to the President of the Poor Law

Board, 1866.

[313] Sir M. Hicks Beach, 28th July 1868 (_Hansard_, vol. 193, p.

1910).

[314] Sir M. Hicks Beach, 28th July 1868 (_Hansard_, vol. 193, p.

1910).

[315] Circular of 28th November, 1868, in Twenty-first Annual

Report, 1868-9, pp. 74-76. It is curious that the dietary

suggested in this Circular allowed (without explanation), the

guardians to give male adults eight ounces of bread and a pint of

gruel, whereas the General Order to the Metropolitan Unions of the

preceding year had definitely limited adult males to six ounces of

bread and a pint of gruel.

It must be added that, before the end of its tenure of office, the Poor

Law Board had become convinced that it had as completely failed to solve

the problem of vagrancy as had the Poor Law Commissioners. In the

Metropolis it was forced on its attention that "the great increase in

the pauper population may be traced to the operation of the Houseless

Poor Act, which has practically legalised vagrancy and professional

vagabondism."[316] Throughout the whole country the number of vagrants

nightly relieved in the workhouse, which had between 1858 and 1862

always been under 2000, rose between 1862 and 1870 to between five and

six thousand, and to a maximum of 7946 on 1st July 1868, though falling

to less in the exceptionally good trade of 1870-1.[317] The fact is that

the boards of guardians felt themselves between the horns of a dilemma,

against which the inconsistent see-saw policy of the Central Authority

was no protection. If they refused relief to those whom their relieving

officers deemed worthless loafers, these bad characters became

"masterful beggars," pertinacious tramps, and sources of danger to the

countryside, whilst in the bad times of 1866 some of those refused

relief suffered hardship and even death.[318] Hence the general

reversion to a policy of relief. The Central Authority, under Mr.

Goschen's presidency, was at this point considering a new policy, that

of penal detention after relief. Mr. Goschen explained to the House of

Commons that this would amount, practically, to "a kind of

imprisonment," and be "a stronger measure than the administration by the

police of the law as at present existing," which had also been proposed,

but "if Parliament were inclined to concede power to detain paupers for

a longer period than they were now detained, and to keep them at work,

he believed that would be a very effectual means of diminishing vagrancy

and pauperism."[319]

[316] St. George's, Hanover Square, to Poor Law Board. The numbers

of "casual and houseless poor" relieved in the Metropolis went up

from 1086, on 1st July 1866, to 2085 on 1st July 1868, and 1760 on

1st July 1870 (Twenty-third Annual Report, 1870-1, p. xxiv).

[317] _Ibid._ pp. 394-5.

[318] _On Vagrants and Tramps_, by T. Barwick L. Baker (Manchester

Statistical Society, 1868-9, p. 62).

[319] Mr. Goschen (President of Poor Law Board), 13th May, 1870,

_Hansard_, vol. 201, pp. 660-2.

_C._--_Women_

Women, of whom there were always between 80,000 and 100,000 on outdoor

relief, were almost wholly ignored in the Poor Law Legislation of

1847-71, as in the Orders of the Central Authority. The policy of the

Central Authority, so far as it appears from the documents, continued to

be to permit able-bodied independent women unconditionally to receive

outdoor relief, whether or not they were in receipt of wages, so far as

concerned the unions under the Outdoor Relief Regulation Order; and to

forbid outdoor relief to such women in unions under the Outdoor Relief

Prohibitory Order, whether or not this Order was accompanied by an

Outdoor Labour Test Order (for men).[320]

[320] The prohibition was made even more embracing in the

_Official Circular_ for April and May 1848 (Nos. 14 and 15, N.S.,

pp. 227-8), where the term "able-bodied" (though the Central

Authority expressed itself as willing to consider relief by gifts

of clothing in special cases) was held to include females, not

sick or disabled, who were nevertheless unable to earn sixpence a

day at field work; "young females" just emancipated; persons of

weak constitution, or having frequent ailments, but in receipt of

"full wages"; and persons not of weak constitutions, but employed

at low wages from inaptitude to labour. Thus, for outdoor relief

in the part of England to which this Order applied, the term

"able-bodied" ceased to have any relation to any physical

conditions whatsoever, but was used as a term covering a

heterogeneous class of men and women, strong or weak, healthy or

subject to epileptic fits, able or unable to earn complete

sustenance. On the other hand, within the workhouse, as we have

seen, the same term was becoming more and more definitely

restricted to adult persons on normal diet, requiring no medical

treatment.

The women dependent on able-bodied men, whether themselves able-bodied

or not, might be maintained in their homes, on condition of their

husbands being employed in test work, not only in all unions under the

Outdoor Relief Regulation Order, but also in those in which the Outdoor

Relief Prohibitory Order was accompanied by a Labour Test Order. On the

other hand, such women, however feeble or infirm, were not allowed to be

maintained in their homes, even if their husbands were willing to do

test work, in those unions in which the Outdoor Relief Prohibitory Order

was alone in force. No reason appears for these differences in policy as

to the method of relief of identical categories of women in the

different geographical regions into which the Central Authority had

divided England and Wales. But although the policy of the Central

Authority with regard to women remained, in each of the three regions

into which England was divided by these Orders, apparently unchanged,

the regions themselves, as we have mentioned, were being silently

altered. The great enlargement of the territory to which the laxer Order

was applied and the narrow limitation of the territory governed by the

stricter Order, involved an enormous extension of the outdoor relief to

women permitted by the Central Authority.

In that part of England and Wales which was under the Outdoor Relief

Prohibitory Order, a widow without children continued to be allowed to

receive outdoor relief only during the first six months of her

widowhood. In all the rest of the country she continued to be allowed to

receive outdoor relief indefinitely. Widows with children continued to

be allowed to receive outdoor relief under all the Orders.

We have, however, in these years, the first recognition (so far as we

can trace) of the difficulty of the problem presented by the inadequate

earnings of independent able-bodied women.[321] In Bermondsey, in 1850,

where there was no Order in force as to outdoor relief, the Central

Authority was forced to face the problem presented by "widows and other

females who, though in very constant work as sempstresses or

shirtmakers," obtained so trifling a remuneration as to be unable to

live. The Central Authority admitted that it was lawful to grant them

relief, but discouraged this course, "persuaded that the practice of

making up insufficient earnings by outdoor relief must tend to produce

and perpetuate the evil." The guardians were advised to refuse partial

relief, so that some of the women might be wholly maintained in the

workhouse and so taken off the labour market, when pressure of

competition on the others would be thereby relieved and their wages

would rise. The Central Authority did not, however, take the

responsibility of issuing an Order specially enforcing this policy; and

it is to be noted (as already mentioned) that by gradually substituting

the Outdoor Relief Regulation Order for the Outdoor Relief Prohibitory

Order, the Central Authority was, in fact, retreating from the advice to

the Bermondsey Guardians of 1850.[322]

[321] Besides the widows and deserted wives, and the unmarried

mothers, the class of able-bodied single women unencumbered by

children, in receipt of relief, was not insignificant. In 1859

there were 5173 such in receipt of outdoor relief (Twelfth Annual

Report, 1859-60, p. 15; _see_ also corresponding figures in

Thirteenth Annual Report, 1860-1, p. 13).

[322] In 1861, indeed, when the guardians asked advice of the

Central Authority, the recommendation to offer relief in the

workhouse was distinctly limited to able-bodied males (Poor Law

Board to St. James's, Westminster, 19th January 1861, in

Thirteenth Annual Report, 1860-1, p. 35).

Not until 1869 (so far as we can trace) did the Central Authority face

the problem presented by the widow with children. Mr Goschen's

celebrated Minute of November 20th 1869, incidentally referred (as a

frequent exception to the rule against a "rate in aid of wages") to the

grant of partial relief "in the case of widows with families, where it

is often manifestly impossible that the woman can support the family."

Mr. Goschen does not appear to have made any definite suggestion of an

alternative policy in these cases. He seems to have regarded it as

merely an exception, of no great importance. But the Holborn Board of

Guardians, in their reply to the Circular, pointed out that "the

exception of widows would of itself constitute so large a proportion

that the rule is virtually swallowed up thereby." The Holborn Guardians,

apparently understanding that the Central Authority was hinting at the

stoppage of outdoor relief in these cases, also pointed out that "it

would be impossible to find workhouse accommodation for over 20,000

widows in the Metropolis and their 60,000 children." These figures were

indeed exaggerated; but it was incidentally observed by the Central

Authority itself that "the amount of destitution in the country

generally, caused by the death, absence, or desertion of the male head

of the family ... we should estimate ... to be 35 per cent of the

whole."[323] In 1858, the "able-bodied widows relieved out of doors" in

the whole country numbered 50,468, and the children dependent on them

126,658, making together over 25 per cent of the total pauper

population.[324] In the Metropolis alone, out of an outdoor pauper

population in 1869 of 121,012 (excluding lunatics and vagrants), the

women relieved because of the death or absence of their husbands

numbered 11,851, and their children 28,569, making a total of 40,420, or

one-third of the whole outdoor pauperism.[325] It was perhaps in view of

such statistics that the Central Authority, in reporting on the reply of

the Holborn Board of Guardians, among other replies, made no criticism

of the grant of outdoor relief to widows with children, and offered no

suggestion of an alternative policy. The only suggestions made were that

there should be more relieving officers to check the overlapping of

outdoor relief and private charity, and that the outdoor relief granted

should be "adequate."[326] A special Commissioner (Mr. Wodehouse) was

told off to make an official inquiry into the administration of outdoor

relief, in which the facts were again laid bare.[327] We do not find

that the Central Authority--now fully aware that the category of widows

with children, "where" (to use Mr. Goschen's words) "it is manifestly

impossible that the earnings of the woman can support the family,"

comprised about 177,000 persons, and made up at least a quarter of the

whole outdoor pauperism--issued any order prescribing what ought to be

done in these cases, or ever made any authoritative suggestion on the

subject. The Holborn and other boards of guardians had therefore warrant

for believing that the grant of outdoor relief to widows with children,

even in supplement of earnings, permitted as it was by the Orders,

continued, as from 1834 onwards, to have the sanction of the Central

Authority.

[323] Twenty-second Annual Report, 1869-70, pp. xxviii, 9, 17-22.

[324] Eleventh Annual Report, 1858, p. 166; _see_ the

corresponding statistics in the Twelfth and Thirteenth Annual

Reports.

English Poor Law Policy · 第 9 / 16 章