1834 Poor Law Amendment Act Essay Topics

George Boyer, Cornell University

A compulsory system of poor relief was instituted in England during the reign of Elizabeth I. Although the role played by poor relief was significantly modified by the Poor Law Amendment Act of 1834, the Crusade Against Outrelief of the 1870s, and the adoption of various social insurance programs in the early twentieth century, the Poor Law continued to assist the poor until it was replaced by the welfare state in 1948. For nearly three centuries, the Poor Law constituted “a welfare state in miniature,” relieving the elderly, widows, children, the sick, the disabled, and the unemployed and underemployed (Blaug 1964). This essay will outline the changing role played by the Poor Law, focusing on the eighteenth and nineteenth centuries.

The Origins of the Poor Law

While legislation dealing with vagrants and beggars dates back to the fourteenth century, perhaps the first English poor law legislation was enacted in 1536, instructing each parish to undertake voluntary weekly collections to assist the “impotent” poor. The parish had been the basic unit of local government since at least the fourteenth century, although Parliament imposed few if any civic functions on parishes before the sixteenth century. Parliament adopted several other statutes relating to the poor in the next sixty years, culminating with the Acts of 1597-98 and 1601 (43 Eliz. I c. 2), which established a compulsory system of poor relief that was administered and financed at the parish (local) level. These Acts laid the groundwork for the system of poor relief up to the adoption of the Poor Law Amendment Act in 1834. Relief was to be administered by a group of overseers, who were to assess a compulsory property tax, known as the poor rate, to assist those within the parish “having no means to maintain them.” The poor were divided into three groups: able-bodied adults, children, and the old or non-able-bodied (impotent). The overseers were instructed to put the able-bodied to work, to give apprenticeships to poor children, and to provide “competent sums of money” to relieve the impotent.

Deteriorating economic conditions and loss of traditional forms of charity in the 1500s

The Elizabethan Poor Law was adopted largely in response to a serious deterioration in economic circumstances, combined with a decline in more traditional forms of charitable assistance. Sixteenth century England experienced rapid inflation, caused by rapid population growth, the debasement of the coinage in 1526 and 1544-46, and the inflow of American silver. Grain prices more than tripled from 1490-1509 to 1550-69, and then increased by an additional 73 percent from 1550-69 to 1590-1609. The prices of other commodities increased nearly as rapidly — the Phelps Brown and Hopkins price index rose by 391 percent from 1495-1504 to 1595-1604. Nominal wages increased at a much slower rate than did prices; as a result, real wages of agricultural and building laborers and of skilled craftsmen declined by about 60 percent over the course of the sixteenth century. This decline in purchasing power led to severe hardship for a large share of the population. Conditions were especially bad in 1595-98, when four consecutive poor harvests led to famine conditions. At the same time that the number of workers living in poverty increased, the supply of charitable assistance declined. The dissolution of the monasteries in 1536-40, followed by the dissolution of religious guilds, fraternities, almshouses, and hospitals in 1545-49, “destroyed much of the institutional fabric which had provided charity for the poor in the past” (Slack 1990). Given the circumstances, the Acts of 1597-98 and 1601 can be seen as an attempt by Parliament both to prevent starvation and to control public order.

The Poor Law, 1601-1750

It is difficult to determine how quickly parishes implemented the Poor Law. Paul Slack (1990) contends that in 1660 a third or more of parishes regularly were collecting poor rates, and that by 1700 poor rates were universal. The Board of Trade estimated that in 1696 expenditures on poor relief totaled £400,000 (see Table 1), slightly less than 1 percent of national income. No official statistics exist for this period concerning the number of persons relieved or the demographic characteristics of those relieved, but it is possible to get some idea of the makeup of the “pauper host” from local studies undertaken by historians. These suggest that, during the seventeenth century, the bulk of relief recipients were elderly, orphans, or widows with young children. In the first half of the century, orphans and lone-parent children made up a particularly large share of the relief rolls, while by the late seventeenth century in many parishes a majority of those collecting regular weekly “pensions” were aged sixty or older. Female pensioners outnumbered males by as much as three to one (Smith 1996). On average, the payment of weekly pensions made up about two-thirds of relief spending in the late seventeenth and early eighteenth centuries; the remainder went to casual benefits, often to able-bodied males in need of short-term relief because of sickness or unemployment.

Settlement Act of 1662

One of the issues that arose in the administration of relief was that of entitlement: did everyone within a parish have a legal right to relief? Parliament addressed this question in the Settlement Act of 1662, which formalized the notion that each person had a parish of settlement, and which gave parishes the right to remove within forty days of arrival any newcomer deemed “likely to be chargeable” as well as any non-settled applicant for relief. While Adam Smith, and some historians, argued that the Settlement Law put a serious brake on labor mobility, available evidence suggests that parishes used it selectively, to keep out economically undesirable migrants such as single women, older workers, and men with large families.

Relief expenditures increased sharply in the first half of the eighteenth century, as can be seen in Table 1. Nominal expenditures increased by 72 percent from 1696 to 1748-50 despite the fact that prices were falling and population was growing slowly; real expenditures per capita increased by 84 percent. A large part of this rise was due to increasing pension benefits, especially for the elderly. Some areas also experienced an increase in the number of able-bodied relief recipients. In an attempt to deter some of the poor from applying for relief, Parliament in 1723 adopted the Workhouse Test Act, which empowered parishes to deny relief to any applicant who refused to enter a workhouse. While many parishes established workhouses as a result of the Act, these were often short-lived, and the vast majority of paupers continued to receive outdoor relief (that is, relief in their own homes).

The Poor Law, 1750-1834

The period from 1750 to 1820 witnessed an explosion in relief expenditures. Real per capita expenditures more than doubled from 1748-50 to 1803, and remained at a high level until the Poor Law was amended in 1834 (see Table 1). Relief expenditures increased from 1.0% of GDP in 1748-50 to a peak of 2.7% of GDP in 1818-20 (Lindert 1998). The demographic characteristics of the pauper host changed considerably in the late eighteenth and early nineteenth centuries, especially in the rural south and east of England. There was a sharp increase in numbers receiving casual benefits, as opposed to regular weekly pensions. The age distribution of those on relief became younger — the share of paupers who were prime-aged (20- 59) increased significantly, and the share aged 60 and over declined. Finally, the share of relief recipients in the south and east who were male increased from about a third in 1760 to nearly two-thirds in 1820. In the north and west there also were shifts toward prime-age males and casual relief, but the magnitude of these changes was far smaller than elsewhere (King 2000).

Gilbert’s Act and the Removal Act

There were two major pieces of legislation during this period. Gilbert’s Act (1782) empowered parishes to join together to form unions for the purpose of relieving their poor. The Act stated that only the impotent poor should be relieved in workhouses; the able-bodied should either be found work or granted outdoor relief. To a large extent, Gilbert’s Act simply legitimized the policies of a large number of parishes that found outdoor relief both less and expensive and more humane that workhouse relief. The other major piece of legislation was the Removal Act of 1795, which amended the Settlement Law so that no non-settled person could be removed from a parish unless he or she applied for relief.

Speenhamland System and other forms of poor relief

During this period, relief for the able-bodied took various forms, the most important of which were: allowances-in-aid-of-wages (the so-called Speenhamland system), child allowances for laborers with large families, and payments to seasonally unemployed agricultural laborers. The system of allowances-in-aid-of-wages was adopted by magistrates and parish overseers throughout large parts of southern England to assist the poor during crisis periods. The most famous allowance scale, though by no means the first, was that adopted by Berkshire magistrates at Speenhamland on May 6, 1795. Under the allowance system, a household head (whether employed or unemployed) was guaranteed a minimum weekly income, the level of which was determined by the price of bread and by the size of his or her family. Such scales typically were instituted only during years of high food prices, such as 1795-96 and 1800-01, and removed when prices declined. Child allowance payments were widespread in the rural south and east, which suggests that laborers’ wages were too low to support large families. The typical parish paid a small weekly sum to laborers with four or more children under age 10 or 12. Seasonal unemployment had been a problem for agricultural laborers long before 1750, but the extent of seasonality increased in the second half of the eighteenth century as farmers in southern and eastern England responded to the sharp increase in grain prices by increasing their specialization in grain production. The increase in seasonal unemployment, combined with the decline in other sources of income, forced many agricultural laborers to apply for poor relief during the winter.

Regional differences in relief expenditures and recipients

Table 2 reports data for fifteen counties located throughout England on per capita relief expenditures for the years ending in March 1783-85, 1803, 1812, and 1831, and on relief recipients in 1802-03. Per capita expenditures were higher on average in agricultural counties than in more industrial counties, and were especially high in the grain-producing southern counties — Oxford, Berkshire, Essex, Suffolk, and Sussex. The share of the population receiving poor relief in 1802-03 varied significantly across counties, being 15 to 23 percent in the grain- producing south and less than 10 percent in the north. The demographic characteristics of those relieved also differed across regions. In particular, the share of relief recipients who were elderly or disabled was higher in the north and west than it was in the south; by implication, the share that were able-bodied was higher in the south and east than elsewhere. Economic historians typically have concluded that these regional differences in relief expenditures and numbers on relief were caused by differences in economic circumstances; that is, poverty was more of a problem in the agricultural south and east than it was in the pastoral southwest or in the more industrial north (Blaug 1963; Boyer 1990). More recently, King (2000) has argued that the regional differences in poor relief were determined not by economic structure but rather by “very different welfare cultures on the part of both the poor and the poor law administrators.”

Causes of the Increase in Relief to Able-bodied Males

What caused the increase in the number of able-bodied males on relief? In the second half of the eighteenth century, a large share of rural households in southern England suffered significant declines in real income. County-level cross-sectional data suggest that, on average, real wages for day laborers in agriculture declined by 19 percent from 1767-70 to 1795 in fifteen southern grain-producing counties, then remained roughly constant from 1795 to 1824, before increasing to a level in 1832 about 10 percent above that of 1770 (Bowley 1898). Farm-level time-series data yield a similar result — real wages in the southeast declined by 13 percent from 1770-79 to 1800-09, and remained low until the 1820s (Clark 2001).

Enclosures

Some historians contend that the Parliamentary enclosure movement, and the plowing over of commons and waste land, reduced the access of rural households to land for growing food, grazing animals, and gathering fuel, and led to the immiseration of large numbers of agricultural laborers and their families (Hammond and Hammond 1911; Humphries 1990). More recent research, however, suggests that only a relatively small share of agricultural laborers had common rights, and that there was little open access common land in southeastern England by 1750 (Shaw-Taylor 2001; Clark and Clark 2001). Thus, the Hammonds and Humphries probably overstated the effect of late eighteenth-century enclosures on agricultural laborers’ living standards, although those laborers who had common rights must have been hurt by enclosures.

Declining cottage industry

Finally, in some parts of the south and east, women and children were employed in wool spinning, lace making, straw plaiting, and other cottage industries. Employment opportunities in wool spinning, the largest cottage industry, declined in the late eighteenth century, and employment in the other cottage industries declined in the early nineteenth century (Pinchbeck 1930; Boyer 1990). The decline of cottage industry reduced the ability of women and children to contribute to household income. This, in combination with the decline in agricultural laborers’ wage rates and, in some villages, the loss of common rights, caused many rural household’s incomes in southern England to fall dangerously close to subsistence by 1795.

North and Midlands

The situation was different in the north and midlands. The real wages of day laborers in agriculture remained roughly constant from 1770 to 1810, and then increased sharply, so that by the 1820s wages were about 50 percent higher than they were in 1770 (Clark 2001). Moreover, while some parts of the north and midlands experienced a decline in cottage industry, in Lancashire and the West Riding of Yorkshire the concentration of textile production led to increased employment opportunities for women and children.

The Political Economy of the Poor Law, 1795-1834

A comparison of English poor relief with poor relief on the European continent reveals a puzzle: from 1795 to 1834 relief expenditures per capita, and expenditures as a share of national product, were significantly higher in England than on the continent. However, differences in spending between England and the continent were relatively small before 1795 and after 1834 (Lindert 1998). Simple economic explanations cannot account for the different patterns of English and continental relief.

Labor-hiring farmers take advantage of the poor relief system

The increase in relief spending in the late-eighteenth and early-nineteenth centuries was partly a result of politically-dominant farmers taking advantage of the poor relief system to shift some of their labor costs onto other taxpayers (Boyer 1990). Most rural parish vestries were dominated by labor-hiring farmers as a result of “the principle of weighting the right to vote according to the amount of property occupied,” introduced by Gilbert’s Act (1782), and extended in 1818 by the Parish Vestry Act (Brundage 1978). Relief expenditures were financed by a tax levied on all parishioners whose property value exceeded some minimum level. A typical rural parish’s taxpayers can be divided into two groups: labor-hiring farmers and non-labor-hiring taxpayers (family farmers, shopkeepers, and artisans). In grain-producing areas, where there were large seasonal variations in the demand for labor, labor-hiring farmers anxious to secure an adequate peak season labor force were able to reduce costs by laying off unneeded workers during slack seasons and having them collect poor relief. Large farmers used their political power to tailor the administration of poor relief so as to lower their labor costs. Thus, some share of the increase in relief spending in the early nineteenth century represented a subsidy to labor-hiring farmers rather than a transfer from farmers and other taxpayers to agricultural laborers and their families. In pasture farming areas, where the demand for labor was fairly constant over the year, it was not in farmers’ interests to shed labor during the winter, and the number of able-bodied laborers receiving casual relief was smaller. The Poor Law Amendment Act of 1834 reduced the political power of labor-hiring farmers, which helps to account for the decline in relief expenditures after that date.

The New Poor Law, 1834-70

The increase in spending on poor relief in the late eighteenth and early nineteenth centuries, combined with the attacks on the Poor Laws by Thomas Malthus and other political economists and the agricultural laborers’ revolt of 1830-31 (the Captain Swing riots), led the government in 1832 to appoint the Royal Commission to Investigate the Poor Laws. The Commission published its report, written by Nassau Senior and Edwin Chadwick, in March 1834. The report, described by historian R. H. Tawney (1926) as “brilliant, influential and wildly unhistorical,” called for sweeping reforms of the Poor Law, including the grouping of parishes into Poor Law unions, the abolition of outdoor relief for the able-bodied and their families, and the appointment of a centralized Poor Law Commission to direct the administration of poor relief. Soon after the report was published Parliament adopted the Poor Law Amendment Act of 1834, which implemented some of the report’s recommendations and left others, like the regulation of outdoor relief, to the three newly appointed Poor Law Commissioners.

By 1839 the vast majority of rural parishes had been grouped into poor law unions, and most of these had built or were building workhouses. On the other hand, the Commission met with strong opposition when it attempted in 1837 to set up unions in the industrial north, and the implementation of the New Poor Law was delayed in several industrial cities. In an attempt to regulate the granting of relief to able-bodied males, the Commission, and its replacement in 1847, the Poor Law Board, issued several orders to selected Poor Law Unions. The Outdoor Labour Test Order of 1842, sent to unions without workhouses or where the workhouse test was deemed unenforceable, stated that able-bodied males could be given outdoor relief only if they were set to work by the union. The Outdoor Relief Prohibitory Order of 1844 prohibited outdoor relief for both able-bodied males and females except on account of sickness or “sudden and urgent necessity.” The Outdoor Relief Regulation Order of 1852 extended the labor test for those relieved outside of workhouses.

Historical debate about the effect of the New Poor Law

Historians do not agree on the effect of the New Poor Law on the local administration of relief. Some contend that the orders regulating outdoor relief largely were evaded by both rural and urban unions, many of whom continued to grant outdoor relief to unemployed and underemployed males (Rose 1970; Digby 1975). Others point to the falling numbers of able- bodied males receiving relief in the national statistics and the widespread construction of union workhouses, and conclude that the New Poor Law succeeded in abolishing outdoor relief for the able-bodied by 1850 (Williams 1981). A recent study by Lees (1998) found that in three London parishes and six provincial towns in the years around 1850 large numbers of prime-age males continued to apply for relief, and that a majority of those assisted were granted outdoor relief. The Poor Law also played an important role in assisting the unemployed in industrial cities during the cyclical downturns of 1841-42 and 1847-48 and the Lancashire cotton famine of 1862-65 (Boot 1990; Boyer 1997). There is no doubt, however, that spending on poor relief declined after 1834 (see Table 1). Real per capita relief expenditures fell by 43 percent from 1831 to 1841, and increased slowly thereafter.

Beginning in 1840, data on the number of persons receiving poor relief are available for two days a year, January 1 and July 1; the “official” estimates in Table 1 of the annual number relieved were constructed as the average of the number relieved on these two dates. Studies conducted by Poor Law administrators indicate that the number recorded in the day counts was less than half the number assisted during the year. Lees’s “revised” estimates of annual relief recipients (see Table 1) assumes that the ratio of actual to counted paupers was 2.24 for 1850- 1900 and 2.15 for 1905-14; these suggest that from 1850 to 1870 about 10 percent of the population was assisted by the Poor Law each year. Given the temporary nature of most spells of relief, over a three year period as much as 25 percent of the population made use of the Poor Law (Lees 1998).

The Crusade Against Outrelief

In the 1870s Poor Law unions throughout England and Wales curtailed outdoor relief for all types of paupers. This change in policy, known as the Crusade Against Outrelief, was not a result of new government regulations, although it was encouraged by the newly formed Local Government Board (LGB). The Board was aided in convincing the public of the need for reform by the propaganda of the Charity Organization Society (COS), founded in 1869. The LGB and the COS maintained that the ready availability of outdoor relief destroyed the self-reliance of the poor. The COS went on to argue that the shift from outdoor to workhouse relief would significantly reduce the demand for assistance, since most applicants would refuse to enter workhouses, and therefore reduce Poor Law expenditures. A policy that promised to raise the morals of the poor and reduce taxes was hard for most Poor Law unions to resist (MacKinnon 1987).

The effect of the Crusade can be seen in Table 1. The deterrent effect associated with the workhouse led to a sharp fall in numbers on relief — from 1871 to 1876, the number of paupers receiving outdoor relief fell by 33 percent. The share of paupers relieved in workhouses increased from 12-15 percent in 1841-71 to 22 percent in 1880, and it continued to rise to 35 percent in 1911. The extent of the crusade varied considerably across poor law unions. Urban unions typically relieved a much larger share of their paupers in workhouses than did rural unions, but there were significant differences in practice across cities. In 1893, over 70 percent of the paupers in Liverpool, Manchester, Birmingham, and in many London Poor Law unions received indoor relief; however, in Leeds, Bradford, Newcastle, Nottingham and several other industrial and mining cities the majority of paupers continued to receive outdoor relief (Booth 1894).

Change in the attitude of the poor toward relief

The last third of the nineteenth century also witnessed a change in the attitude of the poor towards relief. Prior to 1870, a large share of the working class regarded access to public relief as an entitlement, although they rejected the workhouse as a form of relief. Their opinions changed over time, however, and by the end of the century most workers viewed poor relief as stigmatizing (Lees 1998). This change in perceptions led many poor people to go to great lengths to avoid applying for relief, and available evidence suggests that there were large differences between poverty rates and pauperism rates in late Victorian Britain. For example, in York in 1900, 3,451 persons received poor relief at some point during the year, less than half of the 7,230 persons estimated by Rowntree to be living in primary poverty.

The Declining Role of the Poor Law, 1870-1914

Increased availability of alternative sources of assistance

The share of the population on relief fell sharply from 1871 to 1876, and then continued to decline, at a much slower pace, until 1914. Real per capita relief expenditures increased from 1876 to 1914, largely because the Poor Law provided increasing amounts of medical care for the poor. Otherwise, the role played by the Poor Law declined over this period, due in large part to an increase in the availability of alternative sources of assistance. There was a sharp increase in the second half of the nineteenth century in the membership of friendly societies — mutual help associations providing sickness, accident, and death benefits, and sometimes old age (superannuation) benefits — and of trade unions providing mutual insurance policies. The benefits provided workers and their families with some protection against income loss, and few who belonged to friendly societies or unions providing “friendly” benefits ever needed to apply to the Poor Law for assistance.

Work relief

Local governments continued to assist unemployed males after 1870, but typically not through the Poor Law. Beginning with the Chamberlain Circular in 1886 the Local Government Board encouraged cities to set up work relief projects when unemployment was high. The circular stated that “it is not desirable that the working classes should be familiarised with Poor Law relief,” and that the work provided should “not involve the stigma of pauperism.” In 1905 Parliament adopted the Unemployed Workman Act, which established in all large cities distress committees to provide temporary employment to workers who were unemployed because of a “dislocation of trade.”

Liberal welfare reforms, 1906-1911

Between 1906 and 1911 Parliament passed several pieces of social welfare legislation collectively known as the Liberal welfare reforms. These laws provided free meals and medical inspections (later treatment) for needy school children (1906, 1907, 1912) and weekly pensions for poor persons over age 70 (1908), and established national sickness and unemployment insurance (1911). The Liberal reforms purposely reduced the role played by poor relief, and paved the way for the abolition of the Poor Law.

The Last Years of the Poor Law

During the interwar period the Poor Law served as a residual safety net, assisting those who fell through the cracks of the existing social insurance policies. The high unemployment of 1921-38 led to a sharp increase in numbers on relief. The official count of relief recipients rose from 748,000 in 1914 to 1,449,000 in 1922; the number relieved averaged 1,379,800 from 1922 to 1938. A large share of those on relief were unemployed workers and their dependents, especially in 1922-26. Despite the extension of unemployment insurance in 1920 to virtually all workers except the self-employed and those in agriculture or domestic service, there still were large numbers who either did not qualify for unemployment benefits or who had exhausted their benefits, and many of them turned to the Poor Law for assistance. The vast majority were given outdoor relief; from 1921 to 1923 the number of outdoor relief recipients increased by 1,051,000 while the number receiving indoor relieve increased by 21,000.

The Poor Law becomes redundant and is repealed

Despite the important role played by poor relief during the interwar period, the government continued to adopt policies, which bypassed the Poor Law and left it “to die by attrition and surgical removals of essential organs” (Lees 1998). The Local Government Act of 1929 abolished the Poor Law unions, and transferred the administration of poor relief to the counties and county boroughs. In 1934 the responsibility for assisting those unemployed who were outside the unemployment insurance system was transferred from the Poor Law to the Unemployment Assistance Board. Finally, from 1945 to 1948, Parliament adopted a series of laws that together formed the basis for the welfare state, and made the Poor Law redundant. The National Assistance Act of 1948 officially repealed all existing Poor Law legislation, and replaced the Poor Law with the National Assistance Board to act as a residual relief agency.

Table 1
Relief Expenditures and Numbers on Relief, 1696-1936

Expend.RealExpend.Expend.NumberShare ofNumberShare ofShare of
onexpend.as shareas sharerelievedPop.relievedpop.paupers
YearReliefper capitaof GDPof GDP(Official)relieved(Lees)relievedrelieved
(£s)1803=100(Slack)(Lindert)1 000s(Official)1 000s(Lees)indoors
169640024.90.8
1748-5069045.81.00.99
17761 53064.01.61.59
1783-852 00475.62.01.75
18034 268100.01.92.151 04111.48.0
18136 65691.82.58
18187 871116.8
18216 959113.62.66
18265 92991.8
18316 799107.92.00
18364 71881.1
18414 76161.81.121 2998.32 91018.514.8
18464 95469.41 3328.02 98417.815.0
18514 96367.81.079415.32 10811.912.1
18566 00462.09174.92 05410.913.6
18615 77960.00.868844.41 9809.913.2
18666 44065.09164.32 0529.713.7
18717 88773.31 0374.62 32310.314.2
18767 33662.87493.11 6787.018.1
18818 10269.10.707913.11 7726.922.3
18868 29672.07812.91 7496.423.2
18918 64372.37602.61 7025.924.0
189610 21684.78162.71 8286.025.9
190111 54984.77772.41 6715.229.2
190614 03696.98922.61 9185.631.1
191115 02393.68862.51 9055.335.1
192131 92575.36271.735.7
192640 083128.31 3313.417.7
193138 561133.91 0902.721.5
193644 379165.71 4723.612.6

Notes: Relief expenditure data are for the year ended on March 25. In calculating real per capita expenditures, I used cost of living and population data for the previous year.

Table 2
County-level Poor Relief Data, 1783-1831

Per capitaPer capitaPer capitaPer capitaShare ofPercentShare of
reliefreliefreliefreliefPercent ofRecipientsof land inPop
spendingspendingspendingspendingpopulationover 60 orarableEmployed
County(s.)(s.)(s.)(s.)relievedDisabledfarmingin Agric
1783-51802-03181218311802-031802-03c. 18361821
North
Durham2.786.509.926.839.322.854.920.5
Northumberland2.816.677.926.258.832.246.526.8
Lancashire3.484.427.424.426.715.027.111.2
West Riding2.916.509.925.589.318.130.019.6
Midlands
Stafford4.306.928.506.509.117.244.826.6
Nottingham3.426.3310.836.506.817.3na35.4
Warwick6.7011.2513.339.5813.313.747.527.9
Southeast
Oxford7.0716.1724.8316.9219.413.255.855.4
Berkshire8.6515.0827.0815.7520.012.758.553.3
Essex9.1012.0824.5817.1716.412.772.455.7
Suffolk7.3511.4219.3318.3316.611.470.355.9
Sussex11.5222.5833.0819.3322.68.743.850.3
Southwest
Devon5.537.2511.429.0012.323.122.540.8
Somerset5.248.9212.258.8312.020.824.442.8
Cornwall3.625.839.426.676.631.023.837.7
England & Wales4.068.9212.7510.0811.416.048.033.0

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Webb, Sidney and Beatrice Webb. English Poor Law History. Part I: The Old Poor Law. London: Longmans, 1927.

Williams, Karel. From Pauperism to Poverty. London: Routledge, 1981.

Citation: Boyer, George. “English Poor Laws”. EH.Net Encyclopedia, edited by Robert Whaples. May 7, 2002. URL http://eh.net/encyclopedia/english-poor-laws/

"PLAA" redirects here. For the protein, see Phospholipase A-2-activating protein.

The Poor Law Amendment Act 1834 (PLAA), known widely as the New Poor Law, was an Act of the Parliament of the United Kingdom passed by the Whig government of Earl Grey. It completely replaced earlier legislation based on the Poor Law of 1601 and attempted to fundamentally change the poverty relief system in England and Wales (Scotland made similar changes to its poor law in 1845). It resulted from the 1832 Royal Commission into the Operation of the Poor Laws which included Edwin Chadwick, John Bird Sumner and Nassau William Senior. Chadwick was dissatisfied with the law that resulted from his report. The Act was passed two years after the 1832 Reform Act extended the franchise to the middle-classes. Some historians have argued that this was a major factor in the PLAA being passed.

The Act has been described as "the classic example of the fundamental Whig-Benthamite reforming legislation of the period".[1] Its theoretical basis was Thomas Malthus's principle that population increased faster than resources unless checked, Thomas Malthus's "iron law of wages" and Jeremy Bentham's doctrine that people did what was pleasant and would tend to claim relief rather than working.[2] The Act was intended to curb the cost of poor relief, and address abuses of the old system, prevalent in southern agricultural counties, by enabling a new system to be brought in under which relief would only be given in workhouses, and conditions in workhouses would be such as to deter any but the truly destitute from applying for relief. The Act was passed by large majorities in Parliament, with only a few Radicals (such as William Cobbett) voting against. The act was implemented, but the full rigours of the intended system were never applied in Northern industrial areas; however, the apprehension that they would be was a contributor to the social unrest of the period.

The importance of the Poor Law declined with the rise of the welfare state in the 20th century. In 1948, the PLAA was repealed by the National Assistance Act 1948, which created the National Assistance Board to act as a residual relief agency.[3]

1832 Royal Commission's findings[edit]

Main article: Royal Commission into the Operation of the Poor Laws 1832

Alarmed at the cost of poor relief in the southern agricultural districts of England (where in many areas it had become a semi-permanent top-up of labourers' wages - the Allowance System, Roundsman System, or Speenhamland System), Parliament had set up a Royal Commission into the operation of the Poor Laws. The Commission's findings, which had probably been predetermined, were that the old system was badly and expensively run. The Commission's recommendations were based on two principles. The first was less eligibility: conditions within workhouses should be made worse than the worst conditions outside of them so that workhouses served as a deterrent, and only the most needy would consider entering them. The other was the "workhouse test": relief should only be available in the workhouse. Migration of rural poor to the city to find work was a problem for urban ratepayers under this system, since it raised their poor rates. The Commission's report recommended sweeping changes:[4]

  • Out-relief should cease; relief should be given only in workhouses, and upon such terms that only the truly indigent would accept it. "Into such a house none will enter voluntarily; work, confinement, and discipline, will deter the indolent and vicious; and nothing but extreme necessity will induce any to accept the comfort which must be obtained by the surrender of their free agency, and the sacrifice of their accustomed habits and gratifications."[4]
Whilst this recommendation was a solution to existing problems consistent with "political economy", there was little consideration in the report of what new problems it might give rise to. There was little practical experience to support it; only four of the parishes reporting had entirely abolished out-relief, and their problem cases could well have simply been displaced to neighbouring parishes.[5]
  • Different classes of paupers should be segregated; to this end, parishes should pool together in unions, with each of their poorhouses dedicated to a single class of paupers and serving the whole of the union. "[T]he separation of man and wife was necessary, in order to ensure the proper regulation of workhouses".[6]
In practice, most existing workhouses were ill-suited to the new system (characterised by opponents as locking up the poor in "Poor Law bastilles"), and many poor law unions soon found that they needed a new purpose-built union workhouse. Their purpose being to securely confine large numbers of the lower classes at low cost, they not unnaturally looked much like prisons.
  • The new system would be undermined if different unions treated their paupers differently; there should therefore be a central board with powers to specify standards and to enforce those standards; this could not be done directly by Parliament because of the legislative workload that would ensue.
This arrangement was simultaneously justified as required to give absolute uniformity country-wide and as allowing regulations to be tailored to local circumstances without taking up Parliament's time.
  • Mothers of illegitimate children should receive much less support; poor-law authorities should no longer attempt to identify the fathers of illegitimate children and recover the costs of child support from them.
It was argued that penalising fathers of illegitimate children reinforced pressures for the parents of children conceived out of wedlock to marry, and generous payments for illegitimate children indemnified the mother against failure to marry. "The effect has been to promote bastardy; to make want of chastity on the woman's part the shortest road to obtaining either a husband or a competent maintenance; and to encourage extortion and perjury".[7]

Doctrines[edit]

Malthusianism[edit]

Malthus' An Essay on the Principle of Population set out the influential doctrine that population growth was geometric, and that, unless checked, population increased faster than the ability of a country to feed it. This pressure explained the existence of poverty, which he justified theologically as a force for self-improvement and abstention. He saw any assistance to the poor—such as given by the old poor laws—as self-defeating, temporarily removing the pressure of want from the poor while leaving them free to increase their families, thus leading to greater number of people in want and an apparently greater need for relief. His views were influential and hotly debated without always being understood, and opposition to the old Poor Law which peaked between 1815 and 1820 was described by both sides as "Malthusian".[8]

Of those serving on the Commission, the economist Nassau William Senior identified his ideas with Malthus while adding more variables, and Bishop John Bird Sumner as a leading Evangelical was more persuasive than Malthus himself in incorporating the Malthusian principle of population into the Divine Plan, taking a less pessimistic view and describing it as producing benefits such as the division of property, industry, trade and European civilisation.[citation needed]

Iron law of wages[edit]

David Ricardo's "iron law of wages" held that aid given to poor workers under the old Poor Law to supplement their wages had the effect of undermining the wages of other workers, so that the Roundsman System and Speenhamland system led employers to reduce wages, and needed reform to help workers who were not getting such aid and rate-payers whose poor-rates were going to subsidise low-wage employers.[2]

Utilitarianism[edit]

Edwin Chadwick, a major contributor to the Commission's report, developed Jeremy Bentham's theory of utilitarianism, the idea that the success of something could be measured by whether it secured the greatest happiness for the greatest number of people. This idea of utilitarianism underpinned the Poor Law Amendment Act. Bentham believed that "the greatest good for the greatest number" could only be achieved when wages found their true levels in a free-market system. Chadwick believed that the poor rate would reach its "correct" level when the workhouse was seen as a deterrent and fewer people claimed relief. A central authority was needed to ensure a uniform poor law regime for all parishes and to ensure that that regime deterred applications for relief; that is, to ensure a free market for labour required greater state intervention in poor relief.

Bentham's argument that people chose pleasant options and would not do what was unpleasant provided a rationale for making relief unpleasant so that people would not claim it, "stigmatising" relief so that it became "an object of wholesome horror".[2]

Terms of the Poor Law Amendment Act[edit]

When the Act (4&5 William IV c LXXVI. : An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales.)[9] was introduced, it did not legislate for a detailed Poor Law regime. Instead, it set up a three-man Poor Law Commission, an "at arms' length" quango to which Parliament delegated the power to make appropriate regulations, without making any provision for effective oversight of the Commission's doings. Local poor-rates payers still elected their local Board of Poor Law Guardians and still paid for local poor law provisions, but those provisions could be specified to the Board of Guardians by the Poor Law Commission; where they were, the views of the local rate-payers were irrelevant. The principles upon which the Commission was to base its regulations were not specified. The workhouse test and the idea of "less eligibility" were therefore never mentioned. "Classification of paupers" was neither specified nor prohibited (during passage of the Act, an amendment by William Cobbett forbidding the separation of man and wife had been defeated), and the recommendation of the Royal Commission that "outdoor relief" (relief given outside of a workhouse) should be abolished was reflected only in a clause that any outdoor relief should only be given under a scheme submitted to and approved by the Commissioners.

The Poor Law Commission was independent of Parliament, but conversely, since none of its members sat in Parliament,[9]:clause 8 it had no easy way of defending itself against criticism in Parliament. It was recognised that individual parishes would not have the means to erect or maintain workhouses suitable for implementing the policies of "no outdoor relief" and segregation and confinement of paupers; consequently, the Commission was given powers to order the formation of Poor Law Unions (confederations of parishes) large enough to support a workhouse.[9]:clause 26 The Commission was empowered to overturn any Unions previously established under Gilbert's Act, but only if at least two-thirds of the Union's Guardians supported this.[9]:clause 32 Each Union was to have a Board of Guardians elected by rate-payers and property owners;[9]:clause 38 those with higher rateable-value property were to have multiple votes, as for the Select Vestries set up under Sturges-Bourne's Acts.[9]:clause 40 The Commission had no powers to insist that Unions built new workhouses (except where a majority of Guardians or rate-payers had given written consent),[9]:clause 23 but they could order improvements to be made to existing ones.[9]:clause 25 The Commission was explicitly given powers to specify the number and salaries of Poor Law Board employees and to order their dismissal.[9]:clause 46 It could order the "classification" of workhouse inmates[9]:clause 26 and specify the extent to which (and conditions under which) out-door relief could be given.[9]:clause 52

Clause 15 of the Act gave the Commission sweeping powers:

That from and after the passing of this Act the Administration of Relief to the Poor throughout England and Wales, according to the existing Laws, or such Laws as shall be in force at the Time being, shall be subject to the Direction and Control of the said Commissioners; and for executing the Powers given to them by this Act the said Commissioners shall and are hereby authorized and required, from Time to Time as they shall see Occasion, to make and Issue all such Rules, Orders, and Regulations for the Management of the Poor, for the Government of Workhouses and the Education of the Children therein, ... and for the apprenticing the Children of poor Persons, and for the Guidance and Control of all Guardians, Vestries, and Parish Officers, so far as relates to the Management or Relief of the Poor, and the keeping, examining, auditing, and allowing of Accounts, and making and entering into Contracts in all Matters relating to such Management or Relief, or to any Expenditure for the Relief of the Poor, and for carrying this Act into execution in all other respects, as they shall think proper; and the said Commissioners may, at their Discretion, from Time to Time suspend, alter, or rescind such Rules, Orders, and Regulations, or any of them: Provided always, that nothing in this Act contained shall be construed as enabling the said Commissioners or any of them to interfere in any individual Case for the Purpose of ordering Relief.

General Rules could only be made by the Commissioners themselves[9]:clause 12 and had to be notified to a Secretary of State.[9]:clause 16 Any new General Rules had to be laid before Parliament at the start of the next session.[9]:clause 17 General Rules were those issued to the Guardians of more than one Union. Therefore, there was no provision for Parliamentary scrutiny of policy changes (e.g., on the extent to which out-door relief would be permitted) affecting a number of Poor Law Unions, provided these were implemented by separate directives to each Union involved.[10]

The Act specified penalties which could be imposed upon persons failing to comply with the directives of the Poor Law Commission (£5 on first offence; £20 for second offence, fine and imprisonment on third offence).[9]:clause 98 However, it did not identify any means of penalising parishes or Unions which had not formed a legally constituted Board of Guardians. Poor Law Unions were to be the necessary administrative unit for the civil registration of births, marriages and deaths introduced in 1837.

The Act did give paupers some rights. Lunatics could not be held in a workhouse for more than a fortnight;[9]:clause 45 workhouse inmates could not be forced to attend religious services of a denomination other than theirs (nor could children be instructed in a religious creed objected to by their parent(s)); they were to be allowed to be visited by a minister of their religion.[9]:clause 19

Implementation[edit]

The central body set up to administer the new system was the Poor Law Commission. The Commission worked in Somerset House (hence epithets such as The Bashaws of Somerset House[11]) and was initially made up of:

Chadwick—an author of the Royal Commission's report—was Secretary.

The Commission's powers allowed it to specify policies for each Poor Law Union, and policy did not have to be uniform. Implementation of the New Poor Law administrative arrangements was phased in, starting with the Southern counties whose problems the Act had been designed to address. There was a gratifying reduction in poor-rates, but also horror tales of paupers ill-treated or relief refused. Some paupers were induced to migrate from the Southern to Northern towns, leading to a suspicion in the North that the New Poor Law was intended to drive wages down. By 1837, when roll-out of the new arrangements reached the textile districts of Lancashire and Yorkshire, trade was in recession. The usual response to this was for hours of work to be reduced, with pay reducing correspondingly and out-door relief being given to those who could not make ends meet on short-time earnings. This was clearly incompatible with a policy of "no out-door relief", and, despite assurances from the Poor Law Commission that there was no intention to apply that policy in the textile districts, they were not believed and a number of textile towns resisted (or rioted in response to) efforts to introduce the new arrangements. This resistance was eventually overcome, but outdoor relief was never abolished in many Northern districts, although the possibility existed. Policy officially changed after the passing of the Outdoor Labour Test Order, which "allowed" outdoor relief.

Problems with the Poor Law Amendment Act[edit]

After 1834, Poor Law policy aimed to transfer unemployed rural workers to urban areas where there was work, and protect urban ratepayers from paying too much.

It was impossible to achieve both these aims, as the principle of less eligibility made people search for work in towns and cities. Workhouses were built and paupers transferred to these urban areas. However, the Settlement Laws were used to protect ratepayers from paying too much. Workhouse construction and the amalgamation of unions was slow. Outdoor relief did continue after the PLAA was introduced.

The board issued further edicts on outdoor relief:

The implementation of the Act proved impossible, particularly in the industrial north which suffered from cyclical unemployment. The cost of implementing the Settlement Laws in operation since the 17th century was also high and so these were not implemented fully: it often proved too costly to enforce the removal of paupers. The Commission could issue directives, but these were often not implemented fully and in some cases ignored in order to save on expenses (Darwin Leadbitter 1782–1840 was in charge of the commission's finances).

The PLAA was implemented differently and unevenly across England and Wales. One of the criticisms of the 1601 Poor Law was its varied implementation. The law was also interpreted differently in different parishes, as these areas varied widely in their economic prosperity, and the levels of unemployment experienced within them, leading to an uneven system. Local Boards of Guardians also interpreted the law to suit the interests of their own parishes, resulting in an even greater degree of local variation.

The poor working-class including the agricultural laborers and factory workers also opposed the New Poor Law Act because the diet in workhouses was inadequate to sustain workers' health and nutrition. The Times even named this act as "the starvation act." Even more, the act forced workers to relocate to the locations of workhouses which separated families. [12]

Opposition to the Poor Law[edit]

Main article: Opposition to the Poor Law

Fierce hostility and organised opposition from workers, politicians and religious leaders eventually led to the Amendment Act being amended, removing the very harsh measures of the workhouses to a certain degree. The Andover workhouse scandal, in which conditions in the Andover Union Workhouse were found to be inhumane and dangerous, prompted investigation by a Commons select committee, whose report commented scathingly on the dysfunctionality of the Poor Law Commission. As a consequence Government legislation replaced the Poor Law Commission with a Poor Law Board under much closer government supervision and parliamentary scrutiny.

Charles Dickens' novel Oliver Twist harshly criticises the Poor Law.

In the North of England particularly, there was fierce resistance; the local people considered that the existing system there was running smoothly. They argued that the nature of cyclical unemployment meant that any new workhouse built would be empty for most of the year and thus a waste of money. However, the unlikely union between property owners and paupers did not last, and opposition, though fierce, eventually petered out. In some cases, this was further accelerated as the protests very successfully undermined parts of the Amendment Act and became obsolete.[clarification needed]

References[edit]

Further reading[edit]

  • Blaug, Mark. “The Myth of the Old Poor Law and the Making of the New.” Journal of Economic History 23 (1963): 151-84. online
  • Boyer, James, et al. "English Poor Laws." EHnet; summary and historiography
  • Brundage, Anthony. The making of the new Poor law: the politics of inquiry, enactment, and implementation, 1832-1839 (1978).
  • Durbach, Najda. “Roast Beef, the New Poor Law, and the British Nation, 1834–1863.” Journal of British Studies 52.4 (2013): 963–89.
  • Englander, David. Poverty and Poor Law Reform in Nineteenth-Century Britain, 1834-1914: From Chadwick to Booth (1998) excerpt
  • Filtness, David. "Poverty's Policeman" History Today (Feb 2014) 64#2 pp 32-39.
  • Finer, Samuel Edward. The life and times of Sir Edwin Chadwick (1952) excerpt pp 39-114.
  • Lees, Lynn Hollen, The Solidarities of Strangers: The English Poor Laws and the People, 1700–1948 (Cambridge UP, 1998).
  • Rose, M.E. ed. The English Poor Law, 1780–1930 (1971)
  • Thane, Pat. "Women and the Poor Law in Victorian and Edwardian England," History Workshop Journal 6#1 (1978), pp 29–51, https://doi.org/10.1093/hwj/6.1.29

External links[edit]

Out-door relief: Poor people coming to a workhouse for food, c. 1840
A "Poor Law Bastille": 1835 model design of a workhouse to hold 300 paupers...
... 'classified' (men, women, girls, boys) and segregated accordingly
One of the "Somerset House Despots": Sir Thomas Frankland Lewis, Chairman of Poor Law Commission 1834–39
  1. ^The Poor Law Amendment Act: 14 August 1834
  2. ^ abcSpicker, Paul, British social policy 1601–1948, Robert Gordon University, Aberdeen: Centre for Public Policy and Management, retrieved 2008-12-13 
  3. ^Boyer, George. "English Poor Laws". Economic History Association. 
  4. ^ abSenior, Nassau; Chadwick, Edwin (1834), Poor Law Commissioners' Report of 1834, London: H.M. Stationery Office 
  5. ^Speech of Mr Paulett Scrope (c1321)in "POOR-LAWS AMENDMENT—COMMITTEE". Hansard House of Commons Debates. 23: cc1320–49. 26 May 1834. Retrieved 3 May 2015. 
  6. ^Speech of Lord Althorp (c 339) in "POOR LAWS' AMENDMENT—COMMITTEE". Hansard House of Commons Debates. 24: cc324–40. 9 June 1834. Retrieved 3 May 2015. 
  7. ^"Mr Cowell's report" quoted in "The Amendment of the Poor Laws". The Examiner. 20 April 1834.  (J W Cowell was one of the Assistant Commissioners of the Royal Commission)
  8. ^Poynter, John (1998), "Malthus and his critics", Malthus Bicentenary Conference, National Library of Australia, Canberra: National Academies Forum, retrieved 2008-12-13 
  9. ^ abcdefghijklmnopq"4&5 William IV c LXXVI. : An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales". The Workhouse. Retrieved 30 May 2015. 
  10. ^"Leicester Journal: Friday, August 10, 1838". Leicester Journal. 10 August 1838. 
  11. ^Workhouse
  12. ^Hamlin, Christopher (June 1995). "Could You Starve to Death in England in 1839? The Chadwick-Farr Controversy and the Loss of the "Social" in Public Healh". American Journal of Public Health. 85 (6): 856–866. doi:10.2105/ajph.85.6.856. 

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