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English Poor Laws

The English Poor Laws[2] were a system of poor relief in England and Wales[3] that developed out of the codification of late-medieval and Tudor-era laws in 1587–1598. The system continued until the modern welfare state emerged after the Second World War.[1]

Although many deterrent workhouses developed in the period after the New Poor Law, some had already been built under the existing system.[1] This workhouse in Nantwich, Cheshire, dates from 1780.

English Poor Law legislation can be traced back as far as 1536,[4] when legislation was passed to deal with the impotent poor, although there were much earlier Plantagenet laws dealing with the problems caused by vagrants and beggars.[2] The history of the Poor Law in England and Wales is usually divided between two statutes: the Old Poor Law passed during the reign of Elizabeth I (1558–1603)[5] and the New Poor Law, passed in 1834, which significantly modified the system of poor relief. The New Poor Law altered the system from one which was administered haphazardly at a local parish level to a highly centralised system which encouraged the large-scale development of workhouses by poor law unions.[6][better source needed]

The Poor Law system fell into decline at the beginning of the 20th century owing to factors such as the introduction of the Liberal welfare reforms[7] and the availability of other sources of assistance from friendly societies and trade unions,[7] as well as piecemeal reforms which bypassed the Poor Law system.[8] The Poor Law system was not formally abolished until the National Assistance Act 1948,[citation needed] with parts of the law remaining on the books until 1967.[6]

History Edit

Medieval Poor Laws Edit

 
The Poor Laws in the aftermath of the Black Death (pictured), when labour was in short supply, were concerned with making the able-bodied work.[9](also see: Sturdy beggar)

The earliest medieval Poor Law was the Ordinance of Labourers which was issued by King Edward III of England on 18 June 1349, and revised in 1350.[10] The ordinance was issued in response to the 1348–1350 outbreak of the Black Death in England,[11] when an estimated 30–40% of the population had died.[12] The decline in population left surviving workers in great demand in the agricultural economy of Britain.[11] Landowners had to face the choice of raising wages to compete for workers or letting their lands go unused. Wages for labourers rose, and this forced up prices across the economy as goods became more expensive to produce.[12] An attempt to rein in prices, the ordinance (and subsequent acts, such the Statute of Labourers of 1351) required that everyone who could work did; that wages were kept at pre-plague levels and that food was not overpriced.[13] Workers saw these shortage conditions as an opportunity to flee employers and become freemen, so Edward III passed additional laws to punish escaped workers.[14] In addition, the Statute of Cambridge was passed in 1388[15] and placed restrictions on the movement of labourers and beggars.[10]

Tudor Poor Law Edit

The origins of the English Poor Law system can be traced back to late medieval statutes dealing with beggars and vagrancy, but it was only during the Tudor period that the Poor Law system was codified. Before the Dissolution of the Monasteries during the Tudor Reformation, monasteries had been the primary source of poor relief, but their dissolution resulted in poor relief moving from a largely voluntary basis to a compulsory tax that was collected at a parish level.[16] Early legislation was concerned with vagrants and making the able-bodied work, especially while labour was in short supply following the Black Death.

Tudor attempts to tackle the problem originated during the reign of Henry VII. In 1495, Parliament passed the Vagabonds and Beggars Act ordering that "vagabonds, idle and suspected persons shall be set in the stocks for three days and three nights and have none other sustenance but bread and water and then shall be put out of Town. Every beggar suitable to work shall resort to the Hundred where he last dwelled, is best known, or was born and there remain upon the pain aforesaid."[17] Although this returned the burden of caring for the jobless to the communities producing more children than they could employ, it offered no immediate remedy to the problem of poverty; it was merely swept from sight, or moved from town to town. Moreover, no distinction was made between vagrants and the jobless; both were simply categorised as "sturdy beggars", to be punished and moved on.[18]

In 1530, during the reign of Henry VIII, a proclamation was issued, describing idleness as the "mother and root of all vices"[19] and ordering that whipping should replace the stocks as the punishment for vagabonds. This change was confirmed in the 1531 Vagabonds Act the following year, with one important change: it directed the justices of the peace to assign to the impotent poor an area within which they were to beg. Generally, the licences to beg for the impotent poor were limited to the disabled, sick, and elderly.[20] An impotent person begging out of his area was to be imprisoned for two days and nights in the stocks, on bread and water, and then sworn to return to the place in which he was authorised to beg.[21] An able-bodied beggar was to be whipped, and sworn to return to the place where he was born, or last dwelt for the space of three years, and there put himself to labour. Still no provision was made, though, for the healthy man simply unable to find work. All able-bodied unemployed were put into the same category. Those unable to find work had a stark choice: starve or break the law. In 1535, a bill was drawn up calling for the creation of a system of public works to deal with the problem of unemployment, to be funded by a tax on income and capital. A law passed a year later allowed vagabonds to be whipped.[22]

In London, there was a great massing of the poor, and the Reformation threatened to eliminate some of the infrastructure used to provide for the poor. As a result, King Henry VIII consented to re-endow St. Bartholomew's Hospital in 1544 and St. Thomas' Hospital in 1552 on the condition that the citizens of London pay for their maintenance.[23] However, the city was unable to raise enough revenue from voluntary contributions, so it instituted the first definite compulsory Poor Rate in 1547, which replaced Sunday collections in church with a mandatory collection for the poor.[24] In 1555, London became increasingly concerned with the number of poor who could work, but yet could not find work, so it established the first House of Correction (predecessor to the workhouse) in the King's Palace at Bridewell where poor could receive shelter and work at cap-making, feather-bed making, and wire drawing.[25]

For the able-bodied poor, life became even tougher during the reign of Edward VI. The Vagabonds Act 1547 was passed that subjected vagrants to some of the more extreme provisions of the criminal law, namely two years servitude and branding with a "V" as the penalty for the first offence, and death for the second. Justices of the Peace were reluctant to apply the full penalty.[26] In 1552, Edward VI passed the Poor Act 1552 which designated a position of "Collector of Alms" in each parish and created a register of licensed poor. Under the assumption that parish collections would now relieve all poor, begging was completely prohibited.[27]

The government of Elizabeth I, Edward VI's successor after Mary I, was also inclined to severity. An Act passed in 1572 called for offenders to be burned through the ear for a first offence and that persistent beggars should be hanged. However, the Act also made the first clear distinction between the "professional beggar" and those unemployed through no fault of their own. Early in her reign, Elizabeth I also passed laws directly aimed at providing relief for the poor. For example, in 1563, her Act for the Relief of the Poor required all parish residents with ability[clarification needed] to contribute to poor collections.[28] Those who "of his or their forward willful mind shall obstinately refuse to give weekly to the relief of the poor according to his or their abilities" could be bound over to justices of the peace and fined £10.[29] Additionally, the Vagabonds Act 1572 further enabled Justices of the Peace to survey and register the impotent poor, determine how much money was required for their relief, and then assess parish residents weekly for the appropriate amount.[30] The Poor Act 1575 required towns to create "a competent stock of wool, hemp, flax, iron and other stuff" for the poor to work on and houses of correction for those who refused to work where recalcitrant or careless workers could be forced to work and punished accordingly.[31]

The first complete code of poor relief was made in the Act for the Relief of the Poor 1597 and some provision for the "deserving poor" was eventually made in the Act for the Relief of the Poor 1601. The more immediate origins of the Elizabethan Poor Law system were deteriorating economic circumstances in sixteenth-century England. Historian George Boyer has stated that England suffered rapid inflation at this time caused by population growth, the debasement of coinage and the inflow of American silver.[2] Poor harvests in the period between 1595 and 1598 caused the numbers in poverty to increase, while charitable giving had decreased after the dissolution of the monasteries and religious guilds.[32]

A new colonial solution Edit

In the early 1580s, with the development of English colonisation schemes, initially in Ireland and later in North America, a new method to alleviate the condition of the poor would be suggested and utilised considerably over time. Merchant and colonisation proponent George Peckham noted the then-current domestic conditions; "there are at this day great numbers which live in such penurie & want, as they could be content to hazard their lives, and to ser[v]e one yeere for meat, drinke and apparell only, without wages, in hope thereby to amend their estates." With this, he may have been the first to suggest what became the institution of indentured service.[33] At the same time Richard Hakluyt, in his preface to Divers Voyages, likens English planters to "Bees...led out by their Captaines to swarme abroad"; he recommends "deducting" the poor out of the realm. Hakluyt also broadens the scope and additionally recommends to empty the prisons and send them off to the New World.[34] By 1619 Virginia's system of indentured service would be fully developed, and subsequent colonies would adopt the method with modifications suitable to their different conditions and times.[33] English penal transportation would be implemented soon afterwards, and evolve into a subsidized government endeavor with the Transportation Act 1717.

Old Poor Law Edit

 
The Old Poor Law or Elizabethan Poor Law[35] is sometimes referred to as the "43rd Elizabeth"[36] as it was passed in the 43rd year that Elizabeth I (pictured) reigned as Queen.

The Elizabethan Poor Law[16] of 1601 formalized earlier practices of poor relief contained in the Act for the Relief of the Poor 1597 yet is often cited as the beginning of the Old Poor Law system.[37] It created a system administered at parish level,[38] paid for by levying local rates on rate payers.[39] Relief for those too ill or old to work, the so-called 'impotent poor', was in the form of a payment or items of food ('the parish loaf') or clothing also known as outdoor relief. Some aged people might be accommodated in parish alms houses, though these were usually private charitable institutions. Meanwhile, able-bodied beggars who had refused work were often placed in Houses of Correction or even subjected to beatings to mend their attitudes. Provision for the many able-bodied poor in the workhouse was relatively unusual, and most workhouses developed later. The 1601 Law said that parents and children were responsible for each other, elderly parents would live with their children.[40]

The Old Poor Law was a parish-based system;[41] there were around 15,000 such parishes based upon the area around a parish church. The system allowed for despotic behaviour from the overseers of the poor,[42] but as overseers of the poor would know their paupers they were considered able to differentiate between the deserving and undeserving poor making the system both more humane and initially more efficient.[42] The Elizabethan Poor Law operated at a time when the population was small enough for everyone to know everyone else, therefore people's circumstances would be known and the idle poor would be unable to claim on the parishes' poor rate. The system provided social stability yet by 1750 needed to be adapted to cope with population increases,[43] greater mobility and regional price variations.

The 1601 Act sought to deal with 'settled' poor who had found themselves temporarily out of work—it was assumed they would accept indoor relief or outdoor relief. Neither method of relief was at this time in history seen as harsh. The act was supposed to deal with beggars who were considered a threat to civil order. The Act was passed at a time when poverty was considered necessary as fear of poverty made people work. In 1607 a House of Correction was set up in each county. However, this system was separate from the 1601 system which distinguished between the settled poor and 'vagrants'. There was much variation in the application of the law and there was a tendency for the destitute to migrate towards the more generous parishes, usually situated in the towns.[38] This led to the Settlement Act 1662 also known as the Poor Relief Act 1662, this allowed relief only to established residents of a parish; mainly through birth, marriage and apprenticeship. Unfortunately, the laws reduced the mobility of labour and discouraged paupers from leaving their parish to find work.[44] They also encouraged industry to create short contracts (e.g. 364 days) so that an employee could not become eligible for poor relief.[38]

A pauper applicant had to prove a settlement. If they could not they were removed to the parish that was nearest to their place of birth, or where they might prove some connection; some paupers were moved hundreds of miles. Although the parishes they passed through en route had no responsibility for them, they were supposed to supply food and drink and shelter for at least one night. In 1697 an act was passed requiring those who begged to wear a "badge" of red or blue cloth on the right shoulder with an embroidered letter "P" and the initial of their parish.[45] However, this practice soon fell into disuse.[46]

The workhouse movement began at the end of the 17th century with the establishment of the Bristol Corporation of the Poor, founded by Act of Parliament in 1696.[47] The corporation established a workhouse which combined housing and care of the poor with a house of correction for petty offenders. Following the example of Bristol, some twelve further towns and cities established similar corporations in the next two decades. As these corporations required a private Act, they were not suitable for smaller towns and individual parishes.

Starting with the parish of Olney, Buckinghamshire in 1714 several dozen small towns and individual parishes established their own institutions without any specific legal authorization. These were concentrated in the South Midlands and in the county of Essex. From the late 1710s the Society for the Promotion of Christian Knowledge began to promote the idea of parochial workhouses. The Society published several pamphlets on the subject, and supported Sir Edward Knatchbull in his successful efforts to steer the Workhouse Test Act through parliament in 1723.[48] The act gave legislative authority for the establishment of parochial workhouses, by both single parishes and as joint ventures between two or more parishes. More importantly, the Act helped to publicise the idea of establishing workhouses to a national audience. By 1776 some 1,912 parish and corporation workhouses had been established in England and Wales, housing almost 100,000 paupers. Perhaps one million people were receiving some kind of parish poor relief by the end of the century.[49] Although many parishes and pamphlet writers expected to earn money from the labour of the poor in workhouses, the vast majority of people obliged to take up residence in workhouses were ill, elderly, or children whose labour proved largely unprofitable. The demands, needs and expectations of the poor also ensured that workhouses came to take on the character of general social policy institutions, combining the functions of creche, and night shelter, geriatric ward and orphanage. In 1782, Thomas Gilbert finally succeeded in passing an Act[50] that established poor houses solely for the aged and infirm and introduced a system of outdoor relief for the able-bodied. This was the basis for the development of the Speenhamland system, which made financial provision for low-paid workers. Settlement Laws were altered by the Removal Act 1795 which prevented non-settled persons from being moved on unless they had applied for relief.[2] An investigation of the history and current state of the Poor Laws was made by Michael Nolan in his 1805 Treatise of the Laws for the Relief and Settlement of the Poor. The work would go on to three subsequent editions in Nolan's lifetime (Nolan was elected an MP for Barnstaple in 1820), and stoked the discussion both within and outside of Parliament.

 
Advertisement for builders to build a new Workhouse in north Wales, 1829

During the Napoleonic Wars it became difficult to import cheap grain into Britain which resulted in the price of bread increasing.[3] As wages did not also increase, many agricultural labourers were plunged into poverty. Following peace in 1814, the Tory government of Lord Liverpool[51] passed the Corn Laws[52] to keep the price of grain artificially high. 1815 saw great social unrest[53] as the end of the French Wars[54] saw industrial and agricultural depression and high unemployment. Social attitudes to poverty began to change after 1815 and overhauls of the system were considered. The Poor Law system was criticized as distorting the free market and in 1816 a parliamentary select committee looked into altering the system[55] which resulted in the Sturges-Bourne Acts being passed. 1817 also saw the passing of the Poor Employment Act 1817, "to authorise the issue of Exchequer Bills and the Advance of Money out of the Consolidated Fund, to a limited Amount, for the carrying on of Public Works and Fisheries in the United Kingdom and Employment of the Poor in Great Britain".[56] By 1820, before the passing of the Poor Law Amendment Act 1834 workhouses were already being built to reduce the spiraling cost of poor relief.[55] Boyer suggests several possible reasons for the gradual increase in relief given to able-bodied males, including the enclosure movement and a decline in industries such as wool spinning and lace making.[2] Boyer also contends that farmers were able to take advantage of the poor law system to shift some of their labour costs onto the tax payer.[57]

The Royal Commission on the Poor Law Edit

 
Nassau William Senior argued for greater centralization of the Poor Law system.

The 1832 Royal Commission into the Operation of the Poor Laws[58] was set up following the widespread destruction and machine breaking of the Swing Riots.[59] The report was prepared by a commission of nine, including Nassau William Senior,[60] and served by Edwin Chadwick as Secretary.[61] The Royal Commission's primary concerns were with illegitimacy (or "bastardy"), reflecting the influence of Malthusians, and the fear that the practices of the Old Poor Law were undermining the position of the independent labourer.[62] Two practices were of particular concern: the "roundsman" system,[63] where overseers hired out paupers as cheap labour, and the Speenhamland system, which subsidised low wages without relief.[58] The report concluded that the existing Poor Laws undermined the prosperity of the country by interfering with the natural laws of supply and demand, that the existing means of poor relief allowed employers to force down wages, and, that poverty itself was inevitable.[64][65]

The Commission proposed the New Law be governed by two overarching principles:

  • "less eligibility": that the pauper should have to enter a workhouse with conditions worse than that of the poorest free labourer outside of the workhouse.[66]
  • the "workhouse test", that relief should only be available in the workhouse.[1] The reformed workhouses were to be uninviting, so that anyone capable of coping outside them would choose not to be in one.

When the Act was introduced however it had been partly watered down. The workhouse test and the idea of "less eligibility" were never mentioned themselves and the recommendation of the Royal Commission that outdoor relief (relief given outside of a workhouse)[67] should be abolished – was never implemented. The report recommended separate workhouses for the aged, infirm, children, able-bodied females and able-bodied males. The report also stated that parishes should be grouped into unions in order to spread the cost of workhouses and a central authority should be established in order to enforce these measures. The Poor Law Commission set up by Earl Grey took a year to write its report, the recommendations passed easily through Parliament support by both main parties the Whigs and the Tories. The bill gained royal assent in 1834. The few who opposed the bill were more concerned about the centralisation which it would bring rather than the underpinning philosophy of utilitarianism.[68]

New Poor Law Edit

The Poor Law Amendment Act[69] was passed in 1834 by the government of Lord Melbourne and largely implemented the findings of the Royal Commission which had presented its findings two years earlier.[70] The New Poor Law is considered to be one of the most "far-reaching pieces of legislation of the entire Nineteenth Century"[3] and "classic example of the fundamental WhigBenthamite reforming legislation of the period".[70] The Act aimed to reduce the burden on rate payers and can be seen as an attempt by the Whig government to win the votes of the classes enfranchised by the Great Reform Act. Despite being labelled an "amendment act" it completely overhauled the existing system[55] and established a Poor Law Commission to oversee the national operation of the system.[71] This included the forming together of small parishes into poor law unions[72] and the building of workhouses in each union for the giving of poor relief. Although the aim of the legislation was to reduce costs to rate payers, one area not reformed was the method of financing of the Poor Law system which continued to be paid for by levying a "poor rate"[73] on the property owning middle classes.

Although the Poor Law Amendment Act did not ban all forms of outdoor relief,[74] it stated that no able-bodied person was to receive money or other help from the Poor Law authorities except in a workhouse. Conditions in workhouses were to be made harsh to discourage people from claiming. Workhouses were to be built in every parish and, if parishes were too small, parishes could group together to form poor law unions. The Poor Law Commissioners were to be responsible for overseeing the implementation of the Act.

For various reasons it was impossible to apply some of the terms of the Act. Less eligibility was in some cases impossible without starving paupers and the high cost of building workhouses incurred by rate payers meant that outdoor relief continued to be a popular alternative. Despite efforts to ban outdoor relief, parishes continued to offer it as a more cost-effective method of dealing with pauperism. The Outdoor Labour Test Order[75] and Outdoor Relief Prohibitory Order[76] were both issued to try to prevent people receiving relief outside of the workhouse.

When the new Amendment was applied to the industrial North of England (an area the law had never considered during reviews), the system failed catastrophically as many found themselves temporarily unemployed, due to recessions or a fall in stock demands, so-called 'cyclical unemployment' and were reluctant to enter a workhouse, despite its being the only method of gaining aid. Nottingham also was allowed an exemption from the law and continued to provide outdoor relief.[77]

The abuses and shortcomings of the system are documented in the novels of Charles Dickens and Frances Trollope and later in The People of the Abyss by Jack London.[78] Despite the aspirations of the reformers, the New Poor Law was unable to make the Workhouse as bad as life outside. The primary problem was that in order to make the diet of the workhouse inmates "less eligible" than what they could expect outside, it would be necessary to starve the inmates beyond an acceptable level.[66] It was for this reason that other ways were found to deter entrance to the workhouses. These measures ranged from the introduction of prison-style uniforms to the segregation of 'inmates' into yards – there were normally male, female, boys' and girls' yards.

In 1846, the Andover workhouse scandal,[79] where conditions in the Andover Union workhouse were found to be inhumane and dangerous, prompted a government review and the abolition of the Poor Law Commission which was replaced with a Poor Law Board which meant that a Committee of Parliament was to administer the Poor Law, with a cabinet minister as head. Despite this another scandal occurred over inhumane treatment of paupers in the Huddersfield workhouse.[80]

After the New Poor Law Edit

 
Infighting between Edwin Chadwick and other Poor Law Commissioners was one reason for an overhaul of Poor Law administration.

After 1847 the Poor Law Commission was replaced with a Poor Law Board.[5] This was because of the Andover workhouse scandal and the criticism of Henry Parker who was responsible for the Andover union as well as the tensions in Somerset House caused by Chadwick's failure to become a Poor Law Commissioner. The Poor Law had been altered in 1834 because of increasing costs. The Workhouse Visiting Society which formed in 1858 highlighted conditions in workhouses[81] and led to workhouses being inspected more often.[82] The Union Chargeability Act 1865 was passed in order to make the financial burden of pauperism be placed upon the whole unions rather than individual parishes.[83] Most boards of guardians were middle class and committed to keeping poor rates as low as possible. After the Reform Act 1867 there was increasing welfare legislation. As this legislation required local authorities' support the Poor Law Board was replaced with a Local Government Board in 1871.[84] The Local Government Board led a crusade against outdoor relief supported by the Charity Organisation Society, an organization which viewed outdoor relief as destroying the self-reliance of the poor.[2] The effect of this renewed effort to deter outdoor relief was to reduce claimants by a third and to increase numbers in the work house by 12–15%.[2] County Councils were formed in 1888, District Councils in 1894. This meant that public housing, unlike health and income maintenance, developed outside the scope of the Poor Law. Poor Law policy after the New Poor Law concerning the elderly, the sick and mentally ill and children became more humane.[85] This was in part due to the expense of providing "mixed workhouses"[85] as well as changing attitudes regarding the causes and nature of poverty.[86]

Decline and abolition Edit

 
David Lloyd George, architect of the Liberal welfare reforms which were implemented outside of the Poor Law system and paved the way for the eventual abolition of the Poor Law.

The Poor Law system began to decline with the availability of other forms of assistance. The growth of friendly societies provided help for its members without recourse to the Poor Law system. Some trade unions also provided help for their members. The Medical Relief Disqualification Removal Act 1885 meant that people who had accessed medical care funded by the poor rate were no longer disqualified from voting in elections. In 1886 the Chamberlain Circular encouraged the Local Government Board to set up work projects when unemployment rates were high rather than use workhouses. In 1905 the Conservatives passed the Unemployed Workman Act which provided for temporary employment for workers in times of unemployment.[87]

In 1905 a Royal Commission was set up to investigate what changes could be made to the Poor Law.[88] The Commission produced two conflicting reports but both investigations were largely ignored by the Liberal government when implementing their own scheme of welfare legislation. The welfare reforms of the Liberal Government[89] made several provisions to provide social services without the stigma of the Poor Law, including Old age pensions and National Insurance, and from that period fewer people were covered by the system.[90] From 1911, the term "Workhouse" was replaced by "Poor Law Institution".[91] Means tests were developed during the inter-war period, not as part of the Poor Law, but as part of the attempt to offer relief that was not affected by the stigma of pauperism. According to Lees by slowly dismantling the system the Poor Law was "to die by attrition and surgical removals of essential organs".[92]

During the First World War there is evidence that some workhouses were used as makeshift hospitals for wounded servicemen.[93][94][95] Numbers using the Poor Law system increased during the interwar years and between 1921 and 1938 despite the extension of unemployment insurance to virtually all workers except the self-employed.[96] Many of these workers were provided with outdoor relief. One aspect of the Poor Law that continued to cause resentment was that the burden of poor relief was not shared equally by rich and poor areas but, rather, fell most heavily on those areas in which poverty was at its worst. This was a central issue in the Poplar Rates Rebellion led by George Lansbury and others in 1921.[97] Lansbury had in 1911 written a provocative attack on the workhouse system in a pamphlet entitled "Smash Up the Workhouse!".[98]

Poverty in the interwar years (1918–1939) was responsible for several measures which largely killed off the Poor Law system. The Board of Guardians (Default) Act 1926 was passed in response to some Boards of Guardians supporting the Miners during the General Strike.[99] Workhouses were officially abolished by the Local Government Act 1929,[100] and between 1929 and 1930 Poor Law Guardians, the "workhouse test" and the term "pauper" disappeared. The Unemployment Assistance Board was set up in 1934 to deal with those not covered by the earlier 1911 National Insurance Act passed by the Liberals, and by 1937 the able-bodied poor had been absorbed into this scheme. By 1936 only 13% of people were still receiving poor relief in some form of institution.[101] In 1948 the Poor Law system was finally abolished with the introduction of the modern welfare state and the passing of the National Assistance Act.[1] The National Health Service Act 1946 came into force in 1948 and created the modern day National Health Service.[102]

Opposition Edit

 
Punch criticized the New Poor Law's workhouses for splitting mothers and their infant children.

Opposition to the Poor Law grew at the beginning of the 19th century. The 1601 system was felt to be too costly[38] and was considered in academic circles as encouraging the underlying problems.[103] Jeremy Bentham argued for a disciplinary, punitive approach to social problems, whilst the writings of Thomas Malthus focused attention on overpopulation, and the growth of illegitimacy.[104] David Ricardo argued that there was an "iron law of wages". The effect of poor relief, in the view of the reformers, was to undermine the position of the "independent labourer".[105]

In the period following the Napoleonic Wars, several reformers altered the function of the "poorhouse" into the model for a deterrent workhouse. The first of the deterrent workhouses in this period was at Bingham, Nottinghamshire. The second was Becher's workhouse in Southwell, now maintained by the National Trust. George Nicholls, the overseer at Southwell, was to become a Poor Law Commissioner in the reformed system. The 1817 Report of the Select Committee on the Poor Laws condemned the Poor Law as causing poverty itself.[106]

The introduction of the New Poor Law also resulted in opposition. Some who gave evidence to the Royal Commission into the Operation of the Poor Laws suggested that the existing system had proved adequate and was more adaptable to local needs.[107] This argument was strongest in the industrial North of England and in the textile industries[38] where outdoor relief was a more effective method of dealing with cyclical unemployment as well as being a more cost-effective method. Poor Law commissioners faced greatest opposition in Lancashire and the West Riding of Yorkshire where in 1837 there was high unemployment during an economic depression. The New Poor Law was seen as interference from Londoners with little understanding of local affairs.[108] Opposition was unusually strong because committees had already been formed in opposition to the Ten Hours Movement,[109] leaders of the Ten Hours campaign such as Richard Oastler,[110][111] Joseph Rayner Stephens and John Fielden[112] became the leaders of the Anti-Poor Law campaign. The Book of Murder was published and was aimed at creating opposition to the workhouse system.[113] and pamphlets were published spreading rumour and propaganda about Poor Law Commissioners and alleged infanticide inside of workhouses.[114] Opposition to the Poor Law yielded some successes in delaying the development of workhouses, and one workhouse in Stockport was attacked by a crowd of rioters.[115] As many Boards of Guardians were determined to continue under the old system, the Poor Law Commission granted some boards the right to continue providing relief under the Old Poor Law. However, the movement against the New Poor Law was short-lived, leading many to instead turn towards Chartism.[108]

Scotland and Ireland Edit

The Poor Law systems of Scotland and Ireland were distinct from the English Poor Law system covering England and Wales although Irish legislation was heavily influenced by the English Poor Law Amendment Act.[116] In Scotland the Poor Law system was reformed by the 1845 Scottish Poor Law Act.[117] In Ireland the Irish Poor Law Act of 1838 was the first attempt to put control of the destitute and responsibility for their welfare on a statutory basis.[118] Due to exceptional overcrowding, workhouses in Ireland stopped admissions during the Irish famine and increasingly resorted to outdoor relief.[119] Emigration was sometimes used by landlords as a method of keeping the cost of poor relief down and removing surplus labour.[119] Reforms after the Irish War of Independence resulted in the abolition of Boards of Guardians in the jurisdiction of the Irish Free State and their replacement by County Boards of Health.[120]

Historiography Edit

The historiography of the Poor Laws has passed through several distinct phases.[121] The "traditionalist" or "orthodox" account of the Poor Laws focuses upon the deficiencies of the Old Poor Law.[122] This early historiography was influential in successfully overhauling the system. Mark Blaug presents the first revisionist analysis of the Poor Law in "The Myth of the Old Poor Law and the making of the New", commenting that the Old Poor Law did not reduce the efficiency of agricultural workers, lower wages, depress rents or compound the burden on rate payers.[123] Blaug argues that Old Poor Law was a device "for dealing with the problems of structural unemployment and substandard wages in the lagging rural sector of a rapidly growing but still underdeveloped economy".[123] Other areas of Poor Law which have concerned historians include the extent to which the Second Great Reform Act contributed to the Poor Law Amendment Act[124] and the extent to which outdoor relief was abolished following the New Poor Law.[125]

See also Edit

References Edit

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  6. ^ a b Peter Higginbotham. "The New Poor Law". The Workhouse Web Site. Retrieved 17 May 2009.
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Further reading Edit

  • The Slippery Slope . London: John Murray. 1920.
  • Blaug, Mark. The Myth of the Old Poor Law and the Making of the New Journal of Economic History 23 (1963): 151–84. JSTOR
  • Blaug, Mark. The Poor Law Report Re-examined Journal of Economic History (1964) 24: 229–45. JSTOR
  • Boot, H.M. Unemployment and Poor Law Relief in Manchester, 1845–5 Social History 15 (1990): 217–28. JSTOR
  • Booth, Charles. The Aged Poor in England and Wales. London: MacMillan, 1894. Internet Archive
  • Boyer, George R. Poor Relief, Informal Assistance, and Short Time during the Lancashire Cotton Famine Explorations in Economic History 34 (1997): 56–76.
  • Boyer, George R. An Economic History of the English Poor Law, 1750–1850. Cambridge: Cambridge University Press, 1990 ISBN 978-0-521-36479-9 Google Books
  • Brundage, Anthony. The Making of the New Poor Law. New Brunswick, N.J.: Rutgers University Press, 1978. ISBN 978-0-8135-0855-9
  • Clark, Gregory. Farm Wages and Living Standards in the Industrial Revolution: England, 1670–1869 Economic History Review, 2nd series 54 (2001): 477–505. UCDavis
  • Clark, Gregory and Anthony Clark. Common Rights to Land in England, 1475–1839 Journal of Economic History 61 (2001): 1009–36. UCDavis
  • Digby, Anne. The Labour Market and the Continuity of Social Policy after 1834: The Case of the Eastern Counties Economic History Review, 2nd series 28 (1975): 69–83.
  • Eastwood, David. Governing Rural England: Tradition and Transformation in Local Government, 1780–1840. Oxford: Clarendon Press, 1994. ISBN 978-0-19-820481-7
  • Fraser, Derek, editor. The New Poor Law in the Nineteenth Century. London: Macmillan, 1976.
  • Hammond, J. L. and Barbara Hammond. The Village Labourer, 1760–1832. London: Longmans, Green, and Co., 1911.
  • Hampson, E.M. The Treatment of Poverty in Cambridgeshire, 1597–1834. Cambridge: Cambridge University Press, 1934 (reissued by Cambridge University Press, 2009; ISBN 978-1-108-00234-9)
  • Humphries, Jane. Enclosures, Common Rights, and Women: The Proletarianization of Families in the Late Eighteenth and Early Nineteenth Centuries (1990): 17–42.
  • King, Steven. Poverty and Welfare in England, 1700–1850: A Regional Perspective. Manchester: Manchester University Press, 2000.
  • Lees, Lynn Hollen. The Solidarities of Strangers: The English Poor Laws and the People, 1770–1948. Cambridge: Cambridge University Press, 1998.
  • Lindert, Peter H. European Review of Economic History 2 (1998): 101–40.
  • MacKinnon, Mary. English Poor Law Policy and the Crusade Against Outrelief Journal of Economic History 47 (1987): 603–25.
  • Marshall, J.D. The Old Poor Law, 1795–1834. 2nd edition. London: Macmillan, 1985.
  • Nagl, Dominik. No Part of the Mother Country, but Distinct Dominions – Law, State Formation and Governance in England, Massachusetts und South Carolina, 1630–1769, Berlin: LIT, 2013: 149–59.
  • Pinchbeck, Ivy. Women Workers and the Industrial Revolution, 1750–1850. London: Routledge, 1930.
  • Pound, John. Poverty and Vagrancy in Tudor England, 2nd edition. London: Longmans, 1986.
  • Rose, Michael E. “The New Poor Law in an Industrial Area”. in The Industrial Revolution, edited by R.M. Hartwell. Oxford: Oxford University Press, 1970.
  • Rose, Michael E. The English Poor Law, 1780–1930. Newton Abbot: David & Charles, 1971.
  • Royden, Mike, 'The Poor Law and Workhouse in Liverpool' in Tales from the 'Pool, (2017) Creative Dreams, ISBN 978-0993552410
  • Royden, Mike, ‘The Nineteenth century Poor Law in Liverpool and its Hinterland: Towards the Origins of the Workhouse Infirmary’, Journal of the Liverpool Medical History Society, Volume 11 (2000)
  • Shaw-Taylor, Leigh. "Parliamentary Enclosure and the Emergence of an English Agricultural Proletariat." Journal of Economic History 61 (2001): 640–62.
  • Slack, Paul. Poverty and Policy in Tudor and Stuart England. London: Longmans, 1988.
  • Slack, Paul. The English Poor Law, 1531–1782. London: Macmillan, 1990.
  • Smith, Richard (1996). “Charity, Self-interest and Welfare: Reflections from Demographic and Family History” in Charity, Self-Interest and Welfare in the English Past.
  • Sokoll, Thomas. Household and Family among the Poor: The Case of Two Essex Communities in the Late Eighteenth and Early Nineteenth Centuries. 1993.
  • Solar, Peter M. "'Poor Relief and English Economic Development before the Industrial Revolution'." Economic History Review, 2nd series 48 (1995): 1–22.
  • Tawney, R.H. Religion and the Rise of Capitalism: A Historical Study. London: J. Murray, 1926.
  • Webb, Sidney and Beatrice Webb. English Poor Law History. Part I: The Old Poor Law. London: Longmans, 1927.
  • Webb, Sidney and Beatrice Webb. English poor law policy (1910)

External links Edit

  • Annotated text of an Act of 1598 of which the 1601 Act was a revision (scroll down to (H))
  • Workhouse records on The National Archives' website.
  • "Poor Law" . Encyclopædia Britannica. Vol. 22 (11th ed.). 1911. pp. 74–80.
  • A famous depiction of women in the Victorian workhouse – 'A scene in the Westminster Union, 1878'

english, poor, laws, were, system, poor, relief, england, wales, that, developed, codification, late, medieval, tudor, laws, 1587, 1598, system, continued, until, modern, welfare, state, emerged, after, second, world, although, many, deterrent, workhouses, dev. The English Poor Laws 2 were a system of poor relief in England and Wales 3 that developed out of the codification of late medieval and Tudor era laws in 1587 1598 The system continued until the modern welfare state emerged after the Second World War 1 Although many deterrent workhouses developed in the period after the New Poor Law some had already been built under the existing system 1 This workhouse in Nantwich Cheshire dates from 1780 English Poor Law legislation can be traced back as far as 1536 4 when legislation was passed to deal with the impotent poor although there were much earlier Plantagenet laws dealing with the problems caused by vagrants and beggars 2 The history of the Poor Law in England and Wales is usually divided between two statutes the Old Poor Law passed during the reign of Elizabeth I 1558 1603 5 and the New Poor Law passed in 1834 which significantly modified the system of poor relief The New Poor Law altered the system from one which was administered haphazardly at a local parish level to a highly centralised system which encouraged the large scale development of workhouses by poor law unions 6 better source needed The Poor Law system fell into decline at the beginning of the 20th century owing to factors such as the introduction of the Liberal welfare reforms 7 and the availability of other sources of assistance from friendly societies and trade unions 7 as well as piecemeal reforms which bypassed the Poor Law system 8 The Poor Law system was not formally abolished until the National Assistance Act 1948 citation needed with parts of the law remaining on the books until 1967 6 Contents 1 History 1 1 Medieval Poor Laws 1 2 Tudor Poor Law 1 3 A new colonial solution 1 4 Old Poor Law 1 5 The Royal Commission on the Poor Law 1 6 New Poor Law 1 7 After the New Poor Law 1 8 Decline and abolition 2 Opposition 3 Scotland and Ireland 4 Historiography 5 See also 6 References 7 Further reading 8 External linksHistory EditMedieval Poor Laws Edit nbsp The Poor Laws in the aftermath of the Black Death pictured when labour was in short supply were concerned with making the able bodied work 9 also see Sturdy beggar The earliest medieval Poor Law was the Ordinance of Labourers which was issued by King Edward III of England on 18 June 1349 and revised in 1350 10 The ordinance was issued in response to the 1348 1350 outbreak of the Black Death in England 11 when an estimated 30 40 of the population had died 12 The decline in population left surviving workers in great demand in the agricultural economy of Britain 11 Landowners had to face the choice of raising wages to compete for workers or letting their lands go unused Wages for labourers rose and this forced up prices across the economy as goods became more expensive to produce 12 An attempt to rein in prices the ordinance and subsequent acts such the Statute of Labourers of 1351 required that everyone who could work did that wages were kept at pre plague levels and that food was not overpriced 13 Workers saw these shortage conditions as an opportunity to flee employers and become freemen so Edward III passed additional laws to punish escaped workers 14 In addition the Statute of Cambridge was passed in 1388 15 and placed restrictions on the movement of labourers and beggars 10 Tudor Poor Law Edit Main article Tudor Poor Laws Further information Vagabonds and Beggars Act 1495 and Act for the Relief of the Poor 1597 The origins of the English Poor Law system can be traced back to late medieval statutes dealing with beggars and vagrancy but it was only during the Tudor period that the Poor Law system was codified Before the Dissolution of the Monasteries during the Tudor Reformation monasteries had been the primary source of poor relief but their dissolution resulted in poor relief moving from a largely voluntary basis to a compulsory tax that was collected at a parish level 16 Early legislation was concerned with vagrants and making the able bodied work especially while labour was in short supply following the Black Death Tudor attempts to tackle the problem originated during the reign of Henry VII In 1495 Parliament passed the Vagabonds and Beggars Act ordering that vagabonds idle and suspected persons shall be set in the stocks for three days and three nights and have none other sustenance but bread and water and then shall be put out of Town Every beggar suitable to work shall resort to the Hundred where he last dwelled is best known or was born and there remain upon the pain aforesaid 17 Although this returned the burden of caring for the jobless to the communities producing more children than they could employ it offered no immediate remedy to the problem of poverty it was merely swept from sight or moved from town to town Moreover no distinction was made between vagrants and the jobless both were simply categorised as sturdy beggars to be punished and moved on 18 In 1530 during the reign of Henry VIII a proclamation was issued describing idleness as the mother and root of all vices 19 and ordering that whipping should replace the stocks as the punishment for vagabonds This change was confirmed in the 1531 Vagabonds Act the following year with one important change it directed the justices of the peace to assign to the impotent poor an area within which they were to beg Generally the licences to beg for the impotent poor were limited to the disabled sick and elderly 20 An impotent person begging out of his area was to be imprisoned for two days and nights in the stocks on bread and water and then sworn to return to the place in which he was authorised to beg 21 An able bodied beggar was to be whipped and sworn to return to the place where he was born or last dwelt for the space of three years and there put himself to labour Still no provision was made though for the healthy man simply unable to find work All able bodied unemployed were put into the same category Those unable to find work had a stark choice starve or break the law In 1535 a bill was drawn up calling for the creation of a system of public works to deal with the problem of unemployment to be funded by a tax on income and capital A law passed a year later allowed vagabonds to be whipped 22 In London there was a great massing of the poor and the Reformation threatened to eliminate some of the infrastructure used to provide for the poor As a result King Henry VIII consented to re endow St Bartholomew s Hospital in 1544 and St Thomas Hospital in 1552 on the condition that the citizens of London pay for their maintenance 23 However the city was unable to raise enough revenue from voluntary contributions so it instituted the first definite compulsory Poor Rate in 1547 which replaced Sunday collections in church with a mandatory collection for the poor 24 In 1555 London became increasingly concerned with the number of poor who could work but yet could not find work so it established the first House of Correction predecessor to the workhouse in the King s Palace at Bridewell where poor could receive shelter and work at cap making feather bed making and wire drawing 25 For the able bodied poor life became even tougher during the reign of Edward VI The Vagabonds Act 1547 was passed that subjected vagrants to some of the more extreme provisions of the criminal law namely two years servitude and branding with a V as the penalty for the first offence and death for the second Justices of the Peace were reluctant to apply the full penalty 26 In 1552 Edward VI passed the Poor Act 1552 which designated a position of Collector of Alms in each parish and created a register of licensed poor Under the assumption that parish collections would now relieve all poor begging was completely prohibited 27 The government of Elizabeth I Edward VI s successor after Mary I was also inclined to severity An Act passed in 1572 called for offenders to be burned through the ear for a first offence and that persistent beggars should be hanged However the Act also made the first clear distinction between the professional beggar and those unemployed through no fault of their own Early in her reign Elizabeth I also passed laws directly aimed at providing relief for the poor For example in 1563 her Act for the Relief of the Poor required all parish residents with ability clarification needed to contribute to poor collections 28 Those who of his or their forward willful mind shall obstinately refuse to give weekly to the relief of the poor according to his or their abilities could be bound over to justices of the peace and fined 10 29 Additionally the Vagabonds Act 1572 further enabled Justices of the Peace to survey and register the impotent poor determine how much money was required for their relief and then assess parish residents weekly for the appropriate amount 30 The Poor Act 1575 required towns to create a competent stock of wool hemp flax iron and other stuff for the poor to work on and houses of correction for those who refused to work where recalcitrant or careless workers could be forced to work and punished accordingly 31 The first complete code of poor relief was made in the Act for the Relief of the Poor 1597 and some provision for the deserving poor was eventually made in the Act for the Relief of the Poor 1601 The more immediate origins of the Elizabethan Poor Law system were deteriorating economic circumstances in sixteenth century England Historian George Boyer has stated that England suffered rapid inflation at this time caused by population growth the debasement of coinage and the inflow of American silver 2 Poor harvests in the period between 1595 and 1598 caused the numbers in poverty to increase while charitable giving had decreased after the dissolution of the monasteries and religious guilds 32 A new colonial solution Edit In the early 1580s with the development of English colonisation schemes initially in Ireland and later in North America a new method to alleviate the condition of the poor would be suggested and utilised considerably over time Merchant and colonisation proponent George Peckham noted the then current domestic conditions there are at this day great numbers which live in such penurie amp want as they could be content to hazard their lives and to ser v e one yeere for meat drinke and apparell only without wages in hope thereby to amend their estates With this he may have been the first to suggest what became the institution of indentured service 33 At the same time Richard Hakluyt in his preface to Divers Voyages likens English planters to Bees led out by their Captaines to swarme abroad he recommends deducting the poor out of the realm Hakluyt also broadens the scope and additionally recommends to empty the prisons and send them off to the New World 34 By 1619 Virginia s system of indentured service would be fully developed and subsequent colonies would adopt the method with modifications suitable to their different conditions and times 33 English penal transportation would be implemented soon afterwards and evolve into a subsidized government endeavor with the Transportation Act 1717 Old Poor Law Edit Main article Poor Relief Act 1601 Further information Poor Relief Act 1662 Workhouse Test Act 1723 Relief of the Poor Act 1782 Poor Removal Act 1795 Sturges Bourne s Act and Poor Employment Act 1817 nbsp The Old Poor Law or Elizabethan Poor Law 35 is sometimes referred to as the 43rd Elizabeth 36 as it was passed in the 43rd year that Elizabeth I pictured reigned as Queen The Elizabethan Poor Law 16 of 1601 formalized earlier practices of poor relief contained in the Act for the Relief of the Poor 1597 yet is often cited as the beginning of the Old Poor Law system 37 It created a system administered at parish level 38 paid for by levying local rates on rate payers 39 Relief for those too ill or old to work the so called impotent poor was in the form of a payment or items of food the parish loaf or clothing also known as outdoor relief Some aged people might be accommodated in parish alms houses though these were usually private charitable institutions Meanwhile able bodied beggars who had refused work were often placed in Houses of Correction or even subjected to beatings to mend their attitudes Provision for the many able bodied poor in the workhouse was relatively unusual and most workhouses developed later The 1601 Law said that parents and children were responsible for each other elderly parents would live with their children 40 The Old Poor Law was a parish based system 41 there were around 15 000 such parishes based upon the area around a parish church The system allowed for despotic behaviour from the overseers of the poor 42 but as overseers of the poor would know their paupers they were considered able to differentiate between the deserving and undeserving poor making the system both more humane and initially more efficient 42 The Elizabethan Poor Law operated at a time when the population was small enough for everyone to know everyone else therefore people s circumstances would be known and the idle poor would be unable to claim on the parishes poor rate The system provided social stability yet by 1750 needed to be adapted to cope with population increases 43 greater mobility and regional price variations The 1601 Act sought to deal with settled poor who had found themselves temporarily out of work it was assumed they would accept indoor relief or outdoor relief Neither method of relief was at this time in history seen as harsh The act was supposed to deal with beggars who were considered a threat to civil order The Act was passed at a time when poverty was considered necessary as fear of poverty made people work In 1607 a House of Correction was set up in each county However this system was separate from the 1601 system which distinguished between the settled poor and vagrants There was much variation in the application of the law and there was a tendency for the destitute to migrate towards the more generous parishes usually situated in the towns 38 This led to the Settlement Act 1662 also known as the Poor Relief Act 1662 this allowed relief only to established residents of a parish mainly through birth marriage and apprenticeship Unfortunately the laws reduced the mobility of labour and discouraged paupers from leaving their parish to find work 44 They also encouraged industry to create short contracts e g 364 days so that an employee could not become eligible for poor relief 38 A pauper applicant had to prove a settlement If they could not they were removed to the parish that was nearest to their place of birth or where they might prove some connection some paupers were moved hundreds of miles Although the parishes they passed through en route had no responsibility for them they were supposed to supply food and drink and shelter for at least one night In 1697 an act was passed requiring those who begged to wear a badge of red or blue cloth on the right shoulder with an embroidered letter P and the initial of their parish 45 However this practice soon fell into disuse 46 The workhouse movement began at the end of the 17th century with the establishment of the Bristol Corporation of the Poor founded by Act of Parliament in 1696 47 The corporation established a workhouse which combined housing and care of the poor with a house of correction for petty offenders Following the example of Bristol some twelve further towns and cities established similar corporations in the next two decades As these corporations required a private Act they were not suitable for smaller towns and individual parishes Starting with the parish of Olney Buckinghamshire in 1714 several dozen small towns and individual parishes established their own institutions without any specific legal authorization These were concentrated in the South Midlands and in the county of Essex From the late 1710s the Society for the Promotion of Christian Knowledge began to promote the idea of parochial workhouses The Society published several pamphlets on the subject and supported Sir Edward Knatchbull in his successful efforts to steer the Workhouse Test Act through parliament in 1723 48 The act gave legislative authority for the establishment of parochial workhouses by both single parishes and as joint ventures between two or more parishes More importantly the Act helped to publicise the idea of establishing workhouses to a national audience By 1776 some 1 912 parish and corporation workhouses had been established in England and Wales housing almost 100 000 paupers Perhaps one million people were receiving some kind of parish poor relief by the end of the century 49 Although many parishes and pamphlet writers expected to earn money from the labour of the poor in workhouses the vast majority of people obliged to take up residence in workhouses were ill elderly or children whose labour proved largely unprofitable The demands needs and expectations of the poor also ensured that workhouses came to take on the character of general social policy institutions combining the functions of creche and night shelter geriatric ward and orphanage In 1782 Thomas Gilbert finally succeeded in passing an Act 50 that established poor houses solely for the aged and infirm and introduced a system of outdoor relief for the able bodied This was the basis for the development of the Speenhamland system which made financial provision for low paid workers Settlement Laws were altered by the Removal Act 1795 which prevented non settled persons from being moved on unless they had applied for relief 2 An investigation of the history and current state of the Poor Laws was made by Michael Nolan in his 1805 Treatise of the Laws for the Relief and Settlement of the Poor The work would go on to three subsequent editions in Nolan s lifetime Nolan was elected an MP for Barnstaple in 1820 and stoked the discussion both within and outside of Parliament nbsp Advertisement for builders to build a new Workhouse in north Wales 1829During the Napoleonic Wars it became difficult to import cheap grain into Britain which resulted in the price of bread increasing 3 As wages did not also increase many agricultural labourers were plunged into poverty Following peace in 1814 the Tory government of Lord Liverpool 51 passed the Corn Laws 52 to keep the price of grain artificially high 1815 saw great social unrest 53 as the end of the French Wars 54 saw industrial and agricultural depression and high unemployment Social attitudes to poverty began to change after 1815 and overhauls of the system were considered The Poor Law system was criticized as distorting the free market and in 1816 a parliamentary select committee looked into altering the system 55 which resulted in the Sturges Bourne Acts being passed 1817 also saw the passing of the Poor Employment Act 1817 to authorise the issue of Exchequer Bills and the Advance of Money out of the Consolidated Fund to a limited Amount for the carrying on of Public Works and Fisheries in the United Kingdom and Employment of the Poor in Great Britain 56 By 1820 before the passing of the Poor Law Amendment Act 1834 workhouses were already being built to reduce the spiraling cost of poor relief 55 Boyer suggests several possible reasons for the gradual increase in relief given to able bodied males including the enclosure movement and a decline in industries such as wool spinning and lace making 2 Boyer also contends that farmers were able to take advantage of the poor law system to shift some of their labour costs onto the tax payer 57 The Royal Commission on the Poor Law Edit Main article 1832 Royal Commission into the Operation of the Poor Laws nbsp Nassau William Senior argued for greater centralization of the Poor Law system The 1832 Royal Commission into the Operation of the Poor Laws 58 was set up following the widespread destruction and machine breaking of the Swing Riots 59 The report was prepared by a commission of nine including Nassau William Senior 60 and served by Edwin Chadwick as Secretary 61 The Royal Commission s primary concerns were with illegitimacy or bastardy reflecting the influence of Malthusians and the fear that the practices of the Old Poor Law were undermining the position of the independent labourer 62 Two practices were of particular concern the roundsman system 63 where overseers hired out paupers as cheap labour and the Speenhamland system which subsidised low wages without relief 58 The report concluded that the existing Poor Laws undermined the prosperity of the country by interfering with the natural laws of supply and demand that the existing means of poor relief allowed employers to force down wages and that poverty itself was inevitable 64 65 The Commission proposed the New Law be governed by two overarching principles less eligibility that the pauper should have to enter a workhouse with conditions worse than that of the poorest free labourer outside of the workhouse 66 the workhouse test that relief should only be available in the workhouse 1 The reformed workhouses were to be uninviting so that anyone capable of coping outside them would choose not to be in one When the Act was introduced however it had been partly watered down The workhouse test and the idea of less eligibility were never mentioned themselves and the recommendation of the Royal Commission that outdoor relief relief given outside of a workhouse 67 should be abolished was never implemented The report recommended separate workhouses for the aged infirm children able bodied females and able bodied males The report also stated that parishes should be grouped into unions in order to spread the cost of workhouses and a central authority should be established in order to enforce these measures The Poor Law Commission set up by Earl Grey took a year to write its report the recommendations passed easily through Parliament support by both main parties the Whigs and the Tories The bill gained royal assent in 1834 The few who opposed the bill were more concerned about the centralisation which it would bring rather than the underpinning philosophy of utilitarianism 68 New Poor Law Edit Main article Poor Law Amendment Act 1834 Further information Outdoor Labour Test Order Outdoor Relief Prohibitory Order Less eligibility and Workhouse The Poor Law Amendment Act 69 was passed in 1834 by the government of Lord Melbourne and largely implemented the findings of the Royal Commission which had presented its findings two years earlier 70 The New Poor Law is considered to be one of the most far reaching pieces of legislation of the entire Nineteenth Century 3 and classic example of the fundamental Whig Benthamite reforming legislation of the period 70 The Act aimed to reduce the burden on rate payers and can be seen as an attempt by the Whig government to win the votes of the classes enfranchised by the Great Reform Act Despite being labelled an amendment act it completely overhauled the existing system 55 and established a Poor Law Commission to oversee the national operation of the system 71 This included the forming together of small parishes into poor law unions 72 and the building of workhouses in each union for the giving of poor relief Although the aim of the legislation was to reduce costs to rate payers one area not reformed was the method of financing of the Poor Law system which continued to be paid for by levying a poor rate 73 on the property owning middle classes Although the Poor Law Amendment Act did not ban all forms of outdoor relief 74 it stated that no able bodied person was to receive money or other help from the Poor Law authorities except in a workhouse Conditions in workhouses were to be made harsh to discourage people from claiming Workhouses were to be built in every parish and if parishes were too small parishes could group together to form poor law unions The Poor Law Commissioners were to be responsible for overseeing the implementation of the Act For various reasons it was impossible to apply some of the terms of the Act Less eligibility was in some cases impossible without starving paupers and the high cost of building workhouses incurred by rate payers meant that outdoor relief continued to be a popular alternative Despite efforts to ban outdoor relief parishes continued to offer it as a more cost effective method of dealing with pauperism The Outdoor Labour Test Order 75 and Outdoor Relief Prohibitory Order 76 were both issued to try to prevent people receiving relief outside of the workhouse When the new Amendment was applied to the industrial North of England an area the law had never considered during reviews the system failed catastrophically as many found themselves temporarily unemployed due to recessions or a fall in stock demands so called cyclical unemployment and were reluctant to enter a workhouse despite its being the only method of gaining aid Nottingham also was allowed an exemption from the law and continued to provide outdoor relief 77 The abuses and shortcomings of the system are documented in the novels of Charles Dickens and Frances Trollope and later in The People of the Abyss by Jack London 78 Despite the aspirations of the reformers the New Poor Law was unable to make the Workhouse as bad as life outside The primary problem was that in order to make the diet of the workhouse inmates less eligible than what they could expect outside it would be necessary to starve the inmates beyond an acceptable level 66 It was for this reason that other ways were found to deter entrance to the workhouses These measures ranged from the introduction of prison style uniforms to the segregation of inmates into yards there were normally male female boys and girls yards In 1846 the Andover workhouse scandal 79 where conditions in the Andover Union workhouse were found to be inhumane and dangerous prompted a government review and the abolition of the Poor Law Commission which was replaced with a Poor Law Board which meant that a Committee of Parliament was to administer the Poor Law with a cabinet minister as head Despite this another scandal occurred over inhumane treatment of paupers in the Huddersfield workhouse 80 After the New Poor Law Edit Main article Poor Law policy after the New Poor Law Further information Poor Law Commission Poor Law Board and Local Government Board nbsp Infighting between Edwin Chadwick and other Poor Law Commissioners was one reason for an overhaul of Poor Law administration After 1847 the Poor Law Commission was replaced with a Poor Law Board 5 This was because of the Andover workhouse scandal and the criticism of Henry Parker who was responsible for the Andover union as well as the tensions in Somerset House caused by Chadwick s failure to become a Poor Law Commissioner The Poor Law had been altered in 1834 because of increasing costs The Workhouse Visiting Society which formed in 1858 highlighted conditions in workhouses 81 and led to workhouses being inspected more often 82 The Union Chargeability Act 1865 was passed in order to make the financial burden of pauperism be placed upon the whole unions rather than individual parishes 83 Most boards of guardians were middle class and committed to keeping poor rates as low as possible After the Reform Act 1867 there was increasing welfare legislation As this legislation required local authorities support the Poor Law Board was replaced with a Local Government Board in 1871 84 The Local Government Board led a crusade against outdoor relief supported by the Charity Organisation Society an organization which viewed outdoor relief as destroying the self reliance of the poor 2 The effect of this renewed effort to deter outdoor relief was to reduce claimants by a third and to increase numbers in the work house by 12 15 2 County Councils were formed in 1888 District Councils in 1894 This meant that public housing unlike health and income maintenance developed outside the scope of the Poor Law Poor Law policy after the New Poor Law concerning the elderly the sick and mentally ill and children became more humane 85 This was in part due to the expense of providing mixed workhouses 85 as well as changing attitudes regarding the causes and nature of poverty 86 Decline and abolition Edit Main article Decline and abolition of the Poor Law system Further information Royal Commission on the Poor Laws and Relief of Distress 1905 09 Liberal welfare reforms and Interwar poverty in Britain nbsp David Lloyd George architect of the Liberal welfare reforms which were implemented outside of the Poor Law system and paved the way for the eventual abolition of the Poor Law The Poor Law system began to decline with the availability of other forms of assistance The growth of friendly societies provided help for its members without recourse to the Poor Law system Some trade unions also provided help for their members The Medical Relief Disqualification Removal Act 1885 meant that people who had accessed medical care funded by the poor rate were no longer disqualified from voting in elections In 1886 the Chamberlain Circular encouraged the Local Government Board to set up work projects when unemployment rates were high rather than use workhouses In 1905 the Conservatives passed the Unemployed Workman Act which provided for temporary employment for workers in times of unemployment 87 In 1905 a Royal Commission was set up to investigate what changes could be made to the Poor Law 88 The Commission produced two conflicting reports but both investigations were largely ignored by the Liberal government when implementing their own scheme of welfare legislation The welfare reforms of the Liberal Government 89 made several provisions to provide social services without the stigma of the Poor Law including Old age pensions and National Insurance and from that period fewer people were covered by the system 90 From 1911 the term Workhouse was replaced by Poor Law Institution 91 Means tests were developed during the inter war period not as part of the Poor Law but as part of the attempt to offer relief that was not affected by the stigma of pauperism According to Lees by slowly dismantling the system the Poor Law was to die by attrition and surgical removals of essential organs 92 During the First World War there is evidence that some workhouses were used as makeshift hospitals for wounded servicemen 93 94 95 Numbers using the Poor Law system increased during the interwar years and between 1921 and 1938 despite the extension of unemployment insurance to virtually all workers except the self employed 96 Many of these workers were provided with outdoor relief One aspect of the Poor Law that continued to cause resentment was that the burden of poor relief was not shared equally by rich and poor areas but rather fell most heavily on those areas in which poverty was at its worst This was a central issue in the Poplar Rates Rebellion led by George Lansbury and others in 1921 97 Lansbury had in 1911 written a provocative attack on the workhouse system in a pamphlet entitled Smash Up the Workhouse 98 Poverty in the interwar years 1918 1939 was responsible for several measures which largely killed off the Poor Law system The Board of Guardians Default Act 1926 was passed in response to some Boards of Guardians supporting the Miners during the General Strike 99 Workhouses were officially abolished by the Local Government Act 1929 100 and between 1929 and 1930 Poor Law Guardians the workhouse test and the term pauper disappeared The Unemployment Assistance Board was set up in 1934 to deal with those not covered by the earlier 1911 National Insurance Act passed by the Liberals and by 1937 the able bodied poor had been absorbed into this scheme By 1936 only 13 of people were still receiving poor relief in some form of institution 101 In 1948 the Poor Law system was finally abolished with the introduction of the modern welfare state and the passing of the National Assistance Act 1 The National Health Service Act 1946 came into force in 1948 and created the modern day National Health Service 102 Opposition EditMain article Opposition to the English Poor Laws nbsp Punch criticized the New Poor Law s workhouses for splitting mothers and their infant children Opposition to the Poor Law grew at the beginning of the 19th century The 1601 system was felt to be too costly 38 and was considered in academic circles as encouraging the underlying problems 103 Jeremy Bentham argued for a disciplinary punitive approach to social problems whilst the writings of Thomas Malthus focused attention on overpopulation and the growth of illegitimacy 104 David Ricardo argued that there was an iron law of wages The effect of poor relief in the view of the reformers was to undermine the position of the independent labourer 105 In the period following the Napoleonic Wars several reformers altered the function of the poorhouse into the model for a deterrent workhouse The first of the deterrent workhouses in this period was at Bingham Nottinghamshire The second was Becher s workhouse in Southwell now maintained by the National Trust George Nicholls the overseer at Southwell was to become a Poor Law Commissioner in the reformed system The 1817 Report of the Select Committee on the Poor Laws condemned the Poor Law as causing poverty itself 106 The introduction of the New Poor Law also resulted in opposition Some who gave evidence to the Royal Commission into the Operation of the Poor Laws suggested that the existing system had proved adequate and was more adaptable to local needs 107 This argument was strongest in the industrial North of England and in the textile industries 38 where outdoor relief was a more effective method of dealing with cyclical unemployment as well as being a more cost effective method Poor Law commissioners faced greatest opposition in Lancashire and the West Riding of Yorkshire where in 1837 there was high unemployment during an economic depression The New Poor Law was seen as interference from Londoners with little understanding of local affairs 108 Opposition was unusually strong because committees had already been formed in opposition to the Ten Hours Movement 109 leaders of the Ten Hours campaign such as Richard Oastler 110 111 Joseph Rayner Stephens and John Fielden 112 became the leaders of the Anti Poor Law campaign The Book of Murder was published and was aimed at creating opposition to the workhouse system 113 and pamphlets were published spreading rumour and propaganda about Poor Law Commissioners and alleged infanticide inside of workhouses 114 Opposition to the Poor Law yielded some successes in delaying the development of workhouses and one workhouse in Stockport was attacked by a crowd of rioters 115 As many Boards of Guardians were determined to continue under the old system the Poor Law Commission granted some boards the right to continue providing relief under the Old Poor Law However the movement against the New Poor Law was short lived leading many to instead turn towards Chartism 108 Scotland and Ireland EditFurther information Scottish Poor Laws and Irish Poor Laws The Poor Law systems of Scotland and Ireland were distinct from the English Poor Law system covering England and Wales although Irish legislation was heavily influenced by the English Poor Law Amendment Act 116 In Scotland the Poor Law system was reformed by the 1845 Scottish Poor Law Act 117 In Ireland the Irish Poor Law Act of 1838 was the first attempt to put control of the destitute and responsibility for their welfare on a statutory basis 118 Due to exceptional overcrowding workhouses in Ireland stopped admissions during the Irish famine and increasingly resorted to outdoor relief 119 Emigration was sometimes used by landlords as a method of keeping the cost of poor relief down and removing surplus labour 119 Reforms after the Irish War of Independence resulted in the abolition of Boards of Guardians in the jurisdiction of the Irish Free State and their replacement by County Boards of Health 120 Historiography EditMain article Historiography of the Poor Laws The historiography of the Poor Laws has passed through several distinct phases 121 The traditionalist or orthodox account of the Poor Laws focuses upon the deficiencies of the Old Poor Law 122 This early historiography was influential in successfully overhauling the system Mark Blaug presents the first revisionist analysis of the Poor Law in The Myth of the Old Poor Law and the making of the New commenting that the Old Poor Law did not reduce the efficiency of agricultural workers lower wages depress rents or compound the burden on rate payers 123 Blaug argues that Old Poor Law was a device for dealing with the problems of structural unemployment and substandard wages in the lagging rural sector of a rapidly growing but still underdeveloped economy 123 Other areas of Poor Law which have concerned historians include the extent to which the Second Great Reform Act contributed to the Poor Law Amendment Act 124 and the extent to which outdoor relief was abolished following the New Poor Law 125 See also EditSocial welfare government programs that seek to provide a minimum level of income service or other support for certain people Timeline of the Poor Law system Welfare financial aid Social care in the United Kingdom Wife selling English custom References Edit a b c d British social policy 1601 1948 rgu ac uk Archived from the original on 30 April 2009 Retrieved 17 May 2009 a b c d e f g Encyclopedia English Poor Laws Eh net 7 May 2002 Archived from the original on 5 January 2010 Retrieved 17 May 2009 a b c The Poor Law overview Victorianweb org 8 November 2002 Retrieved 17 May 2009 G R Elton An Early Tudor Poor Law Economic History Review 1953 a b The Poor Law Institutions org uk 6 August 2007 Archived from the original on 4 May 2009 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Health 1815 1948 p 30 The Poor Law Amendment Act 1834 History Home 19 January 2009 Retrieved 17 May 2009 a b The Poor Law Amendment Act 14 August 1834 The Victorian Web 23 September 2002 Retrieved 17 May 2009 The Poor Law Commission The Victorian Web 12 November 2002 Retrieved 17 May 2009 Administrative Units Typology Status definition Poor Law Union A Vision of Britain through Time Retrieved 17 May 2009 Savings on the poor rates made by the 1834 Poor Law Amendment Act The Victorian Web 17 September 2002 Retrieved 22 July 2009 Did the treatment of the poor improve after the 1834 Poor Law Learning Curve BBC Archived from the original on 28 August 2008 Retrieved 17 May 2009 Peter Higginbotham The 1842 Outdoor Labour Test Order The Workhouse The story of an institution Archived from the original on 28 October 2021 Retrieved 9 December 2021 Williams Karel From Pauperism to Poverty p 64 ISBN 0 7100 0698 5 Unemployment in Nottingham 1837 8 The Victorian Web 7 November 2002 Retrieved 17 May 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Archived from the original on 6 May 2009 Retrieved 17 May 2009 Englander D Poverty and Poor Law Reform in 19th Century Britain 1834 1914 1998 GCSE Bitesize The Liberal reforms 1906 1914 BBC Retrieved 17 May 2009 The National Archives Learning Curve Britain 1906 18 Achievements of Liberal Reforms Gallery Background Learningcurve gov uk Archived from the original on 20 November 2008 Retrieved 17 May 2009 Mike Royden s Local History Pages The 19th Century Poor Law in Liverpool and its Hinterland Towards the Origins of the Workhouse Infirmary Lees Lynn Hollen The Solidarities of Strangers The English Poor Laws and the People 1770 1948 Cambridge Cambridge University Press 1998 Ss Mary amp John Churchyard the workhouse Ssmjchurchyard org uk Retrieved 18 August 2009 http www museumofreading org uk collections album pdfs battle 20hospital 20 2070 pdf permanent dead link Peter Higginbotham The Workhouse Web Site www workhouses org uk Retrieved 18 August 2009 Encyclopedia English Poor Laws Eh net 7 May 2002 Archived from the original on 5 January 2010 Retrieved 18 August 2009 Morgan Kenneth O 26 November 2002 George Lansbury at the heart of Old Labour by John Shepherd Reviews Books The Independent London Retrieved 17 May 2009 dead link Crowther M A The workhouse system 1834 1929 Keith D Ewing The right to strike p 93 M A Crowther The workhouse system 1834 1929 ISBN 0 416 36090 4 The Poor Law Thepotteries org 30 November 2008 Retrieved 17 May 2009 Jones Kathleen The making of social policy in Britain p 122 Social Science and the 1834 Poor Law The Theories that Smith Bentham Malthus and Owen made Law Mdx ac uk Archived from the original on 15 June 2007 Retrieved 17 May 2009 Huzel James Malthus the Poor Law and Population in Early Nineteenth Century England University of Kent The Economic History Review Volume 22 Issue 3 pp 430 52 Published Online 11 February 2008 Principles of a sound system of Poor Relief Historyhome co uk 4 July 2009 Retrieved 22 July 2009 Boyer George An economic history of the English poor law 1750 1850 p 58 ISBN 0 521 36479 5 The Good Old System Historyhome co uk 19 January 2009 Retrieved 17 May 2009 a b The Anti Poor Law Movement Historyhome co uk 19 January 2009 Retrieved 17 May 2009 The Factory Question Historyhome co uk 19 January 2009 Retrieved 17 May 2009 Richard Oastler s opposition to the Poor Law Amendment Act Historyhome co uk 19 January 2009 Retrieved 17 May 2009 The state of the Huddersfield Union April 1838 Historyhome co uk 19 January 2009 Retrieved 17 May 2009 Knott J Popular Opposition to the 1834 Poor Law p 95 ISBN 0 7099 1532 2 Book of Murder Historyhome co uk 19 January 2009 Retrieved 17 May 2009 Printed attacks on the Poor Law Amendment Act Historyhome co uk 19 January 2009 Retrieved 17 May 2009 Attack on the Workhouse at Stockport 1842 Riots Victorianweb org 5 October 2006 Retrieved 17 May 2009 Research Guide to the records of the Poor Law Nationalarchives ie Archived from the original on 5 October 2006 Retrieved 18 August 2009 History Beneath the Surface A Country of Two Nations BBC 1 January 2001 Retrieved 18 August 2009 Ennistymon Union The Poor Law Act Clarelibrary ie Retrieved 18 August 2009 a b The Irish poor law Public Record Office of Northern Ireland Proni gov uk 21 July 2009 Retrieved 18 August 2009 Peter Higginbotham The Workhouse Web Site www workhouses org uk Archived from the original on 5 June 2011 Retrieved 18 August 2009 Boyer George An economic history of the English poor law 1750 1850 Chapter 2 Boyer George An economic history of the English poor law 1750 1850 p 51 a b Blaug Mark The Poor Law Report Reexamined The Journal of Economic History Vol 24 No 2 June 1964 pp 229 45 Rees Rosmary Poverty and Public Health 1815 1948 p 33 Rose Michael E The English Poor Law 1780 1930 Newton Abbot David amp Charles 1971 Further reading EditThe Slippery Slope London John Murray 1920 Blaug Mark The Myth of the Old Poor Law and the Making of the New Journal of Economic History 23 1963 151 84 JSTOR Blaug Mark The Poor Law Report Re examined Journal of Economic History 1964 24 229 45 JSTOR Boot H M Unemployment and Poor Law Relief in Manchester 1845 5 Social History 15 1990 217 28 JSTOR Booth Charles The Aged Poor in England and Wales London MacMillan 1894 Internet Archive Boyer George R Poor Relief Informal Assistance and Short Time during the Lancashire Cotton Famine Explorations in Economic History 34 1997 56 76 Boyer George R An Economic History of the English Poor Law 1750 1850 Cambridge Cambridge University Press 1990 ISBN 978 0 521 36479 9 Google Books Brundage Anthony The Making of the New Poor Law New Brunswick N J Rutgers University Press 1978 ISBN 978 0 8135 0855 9 Clark Gregory Farm Wages and Living Standards in the Industrial Revolution England 1670 1869 Economic History Review 2nd series 54 2001 477 505 UCDavis Clark Gregory and Anthony Clark Common Rights to Land in England 1475 1839 Journal of Economic History 61 2001 1009 36 UCDavis Digby Anne The Labour Market and the Continuity of Social Policy after 1834 The Case of the Eastern Counties Economic History Review 2nd series 28 1975 69 83 Eastwood David Governing Rural England Tradition and Transformation in Local Government 1780 1840 Oxford Clarendon Press 1994 ISBN 978 0 19 820481 7 Fraser Derek editor The New Poor Law in the Nineteenth Century London Macmillan 1976 Hammond J L and Barbara Hammond The Village Labourer 1760 1832 London Longmans Green and Co 1911 Hampson E M The Treatment of Poverty in Cambridgeshire 1597 1834 Cambridge Cambridge University Press 1934 reissued by Cambridge University Press 2009 ISBN 978 1 108 00234 9 Humphries Jane Enclosures Common Rights and Women The Proletarianization of Families in the Late Eighteenth and Early Nineteenth Centuries 1990 17 42 King Steven Poverty and Welfare in England 1700 1850 A Regional Perspective Manchester Manchester University Press 2000 Lees Lynn Hollen The Solidarities of Strangers The English Poor Laws and the People 1770 1948 Cambridge Cambridge University Press 1998 Lindert Peter H Poor Relief before the Welfare State Britain versus the Continent 1780 1880 European Review of Economic History 2 1998 101 40 MacKinnon Mary English Poor Law Policy and the Crusade Against Outrelief Journal of Economic History 47 1987 603 25 Marshall J D The Old Poor Law 1795 1834 2nd edition London Macmillan 1985 Nagl Dominik No Part of the Mother Country but Distinct Dominions Law State Formation and Governance in England Massachusetts und South Carolina 1630 1769 Berlin LIT 2013 149 59 Pinchbeck Ivy Women Workers and the Industrial Revolution 1750 1850 London Routledge 1930 Pound John Poverty and Vagrancy in Tudor England 2nd edition London Longmans 1986 Rose Michael E The New Poor Law in an Industrial Area in The Industrial Revolution edited by R M Hartwell Oxford Oxford University Press 1970 Rose Michael E The English Poor Law 1780 1930 Newton Abbot David amp Charles 1971 Royden Mike The Poor Law and Workhouse in Liverpool in Tales from the Pool 2017 Creative Dreams ISBN 978 0993552410 Royden Mike The Nineteenth century Poor Law in Liverpool and its Hinterland Towards the Origins of the Workhouse Infirmary Journal of the Liverpool Medical History Society Volume 11 2000 Shaw Taylor Leigh Parliamentary Enclosure and the Emergence of an English Agricultural Proletariat Journal of Economic History 61 2001 640 62 Slack Paul Poverty and Policy in Tudor and Stuart England London Longmans 1988 Slack Paul The English Poor Law 1531 1782 London Macmillan 1990 Smith Richard 1996 Charity Self interest and Welfare Reflections from Demographic and Family History in Charity Self Interest and Welfare in the English Past Sokoll Thomas Household and Family among the Poor The Case of Two Essex Communities in the Late Eighteenth and Early Nineteenth Centuries 1993 Solar Peter M Poor Relief and English Economic Development before the Industrial Revolution Economic History Review 2nd series 48 1995 1 22 Tawney R H Religion and the Rise of Capitalism A Historical Study London J Murray 1926 Webb Sidney and Beatrice Webb English Poor Law History Part I The Old Poor Law London Longmans 1927 Webb Sidney and Beatrice Webb English poor law policy 1910 External links EditAnnotated text of an Act of 1598 of which the 1601 Act was a revision scroll down to H Workhouse records on The National Archives website Poor Law Encyclopaedia Britannica Vol 22 11th ed 1911 pp 74 80 A famous depiction of women in the Victorian workhouse A scene in the Westminster Union 1878 Retrieved from https en wikipedia org w index php title English Poor Laws amp oldid 1177520012, wikipedia, wiki, book, books, library,

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