Elizabethan Poor Law (1601)
Encyclopedia
The Act for the Relief of the Poor 1601, popularly known as the "Elizabethan Poor Law", "43rd Elizabeth" or the "Old Poor Law" was an Act of Parliament passed in 1601 which created a national poor law system for England and Wales.

It formalised earlier practices of poor relief
Poor relief
Poor Relief refers to any actions taken by either governmental or ecclesiastical bodies to relieve poverty experienced by a population. More specifically, the term poor relief is often used to discuss how European countries dealt with poverty from the time just around the end of the medieval era to...

 distribution in England and Wales and is generally considered a refinement of the Act for the Relief of the Poor 1597
Act For the Relief of the Poor 1597
The Act for the Relief of the Poor of 1597 was a piece of poor law legislation in England and Wales. It provided the first complete code of poor relief and was later amended in 1601 in the Elizabethan Poor Law of 1601 which formed the basis of poor relief for the next two centuries.The Act...

 that established Overseers of the Poor. The "Old Poor Law" was not one law but a collection of laws passed between the 16th and 18th centuries. The system's administrative unit was the parish. It was not a centralised government policy but a law which made individual parishes responsible for Poor Law
Poor Law
The English Poor Laws were a system of poor relief which existed in England and Wales that developed out of late-medieval and Tudor-era laws before being codified in 1587–98...

 legislation. The 1601 act saw a move away from the more obvious forms of punishing paupers under the Tudor system towards methods of "correction".

Several amending pieces of legislation can be considered part of the Old Poor Law. These include:
  • 1662 – Poor Relief Act 1662
    Poor Relief Act 1662
    The Poor Relief Act 1662 was an Act of the Cavalier Parliament of England. It was an Act for the Better Relief of the Poor of this Kingdom and is also known as the Settlement Act or, more honestly, the Settlement and Removal Act. The purpose of the Act was to establish the parish to which a person...

     (Settlement Acts)
  • 1723 – Workhouse Test Act
    Workhouse Test Act
    The Workhouse Test Act also known as the General Act or Knatchbull's Act was poor relief legislation passed by the British government by Sir Edward Knatchbull in 1723. The "workhouse test" was that a person who wanted to receive poor relief had to enter a workhouse and undertake a set amount of work...

  • 1782 – Gilbert's Act
  • 1795 – Speenhamland
    Speenhamland
    The Speenhamland system was a form of outdoor relief intended to mitigate rural poverty in England at the end of the 18th century and during the early 19th century. The law was an amendment to the Elizabethan Poor Law. It was created as an indirect result of Britain’s involvements in the French...


Origins

The origins of the Old Poor Law extend back into the 15th century with the decline of the monasteries and the breakdown of the medieval social structure. Charity was gradually replaced with a compulsory land tax levied at parish level.

Main points of the 1601 Act

  • The impotent poor (people who can't work) were to be cared for in almshouse
    Almshouse
    Almshouses are charitable housing provided to enable people to live in a particular community...

     or a poorhouse
    Poorhouse
    A poorhouse or workhouse was a government-run facility in the past for the support and housing of dependent or needy persons, typically run by a local government entity such as a county or municipality....

    . The law offered relief to people who were unable to work: mainly those who were "lame, impotent, old, blind"
  • The able-bodied poor were to be set to work in a House of Industry. Materials were to be provided for the poor to be set to work
  • The idle poor and vagrants were to be sent to a House of Correction
    House of Correction
    The house of correction was a type of establishment built after the passing of the Elizabethan Poor Law , places where those who were "unwilling to work", including vagrants and beggars, were set to work. The building of houses of correction came after the passing of an amendment to the Elizabethan...

     or even prison.
  • Pauper children would become apprentices.


Text of the Act Reginae Elizabethae Anno 43 Chapter 2

Description

Relief under the Old Poor Law could take on one of two forms – indoor relief, relief inside a workhouse, or outdoor relief
Outdoor relief
This article refers to Britain's welfare provision after the 1601 Poor Law. For welfare programmes see Social securityAfter the passing of the Elizabethan Poor Law , outdoor relief was that kind of poor relief where assistance was in the form of money, food, clothing or goods, given to alleviate...

, relief in a form outside a workhouse. This could come in the form of money, food or even clothing. As the cost of building the different workhouses was great, outdoor relief continued to be the main form of relief in this period.

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 (indoor relief). However, provision for the many able-bodied poor in the workhouse, which provided accommodation at the same time as work, was relatively unusual, and most workhouses developed later. The 1601 Law said that poor parents and children were responsible for each other – elderly parents would live with their children.

The 1601 Poor Law could be described as 'parochial' as the administrative unit of the system was the parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...

. There were around 1,500 such parishes based upon the area around a parish church. This system allowed greater sensitivity towards paupers, however this system also made tyrannical behavior from overseers possible. Overseers of the Poor would know their paupers and so be able to differentiate between the deserving and undeserving poor. The Elizabethan Poor Law operated at a time when the population was small enough for everyone to know everyone else, so people's circumstances would be known and the idle poor would be unable to claim on the parishes' poor rate.

The act levied a poor rate on each parish which Overseers of the Poor were able to collect. Those who had to pay this rate were property owners, or rather, in most cases, occupiers including tenants.

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 it was thought that only 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'.

Implementation and variation

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. There was wide variation in the amount of poor relief given out. As the parish was the administrative unit of the system there was great diversity in the system. Since there were no administrative standards, parishes were able to interpret the law as they wished.
Some cities, such as Bristol
Bristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...

, Exeter
Exeter
Exeter is a historic city in Devon, England. It lies within the ceremonial county of Devon, of which it is the county town as well as the home of Devon County Council. Currently the administrative area has the status of a non-metropolitan district, and is therefore under the administration of the...

 and Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...

 were able to obtain by-laws which established their control onto several of the urban parishes within their jurisdiction. Bristol gained a private Act of Parliament in 1696 which allowed the city to create a 'manufactory' so that the profits from the paupers' work could be used for maintenance of the poor relief system.

Outdoor relief

Outdoor relief continued to be the most popular form of relief for the able-bodied poor even though the law described that "the poor should be set to work". In 1795 the Speenhamland system was introduced as a system of outdoor relief. Again, there was variation within the system with some parishes subsidising with food and others with money. Some parishes were more generous than others so there was no uniformity to the system. The Speenhamland system was popular in the south of England. Elsewhere the Roundsman and Labour rate
Labour Rate
The Labour Rate was a system of poor relief , used in England from 1832 to 1834, where workers were paid at a given rate. If this was not met then the rest had to be made up by the parish's poor relief. It was authorised by the Agricultural Labourers Act 1832, and adopted in about 1 in 5 parishes...

 were used. The system was designed for a pre-industrial society, industrialisation
Industrialisation
Industrialization is the process of social and economic change that transforms a human group from an agrarian society into an industrial one...

, a mobile population, a series of bad harvests during the 1790s and the Napoleonic Wars
Napoleonic Wars
The Napoleonic Wars were a series of wars declared against Napoleon's French Empire by opposing coalitions that ran from 1803 to 1815. As a continuation of the wars sparked by the French Revolution of 1789, they revolutionised European armies and played out on an unprecedented scale, mainly due to...

 tested the old poor law to the breaking point.

Settlement

The 1601 Act states that each individual parish was responsible for its 'own' poor. Arguments over which parish was responsible for a pauper's poor relief and concerns over migration to more generous parishes led to the passing of the Settlement Act 1662 which allowed relief only to established residents of a parish – mainly through birth, marriage and apprenticeship. A pauper applicant had to prove a 'settlement’. If unable to, they were removed to the next parish that was nearest to the place of their birth, or where they might prove some connection. Some paupers were moved hundreds of miles. Although each parish that they passed through was not responsible for them, they were supposed to supply food and drink and shelter for at least one night.

Individual parishes were keen to keep costs of poor relief as low as possible and there are examples of paupers in some cases being shunted back and forth between parishes. The Settlement Laws allowed strangers to a parish to be removed after 40 days if they were not working, but the cost of removing such people meant that they were often left until they tried to claim poor relief. In 1697 Settlement Laws were tightened when people could be barred from entering a parish unless they produced a Settlement certificate.

Effect on the labour market

The Act was criticised in later years for its distortion of the labour market, through the power given to parishes to let them remove 'undeserving' poor. Another criticism of the Act was that it applied to rated land not personal or movable wealth, therefore benefiting commercial and business interests.

Cost

The building of different types of workhouses was expensive. The Workhouse Act of 1772 allowed parishes to combine and apply for a workhouse test
Workhouse test
The workhouse test was a condition of the British Poor Law Amendment Act 1834. It stated that anyone who wanted to get poor relief must enter a workhouse. The condition was never implemented and outdoor relief continued to be given. The "workhouse test" should not be confused with the Workhouse...

, where conditions were made worse than those outside.

The Act stated that workhouses, poorhouses and houses of correction should be built for the different types of pauper. However, it was not cost effective to build these different types of buildings. For this reason parishes such as Bristol combined these institutions so that the profits paupers made were plunged back into the maintenance of the system.

Reliance on the parish

The system's reliance on the parish can be seen as both a strength and a weakness. It could be argued it made the system more humane and sensitive, but a local crisis such as a poor harvest could be a great burden on the local poor rate
Poor rate
In England and Wales, under the 1601 Elizabethan Poor Law the poor rate was a tax on property levied on the parish which was used to provide poor relief to the parish poor. The tax was collected by local magistrates or Overseers of the Poor, and later by Local Authorities....

.

Variation from the system

The 18th-century workhouse movement began at the end of the 17th century with the establishment of the Bristol Corporation of the Poor
Bristol Corporation of the Poor
The Bristol Corporation of the Poor was the board responsible for poor relief in Bristol, England when the Poor Law system was in operation. It was established in 1696 by the Bristol Poor Act...

, founded by act of parliament in 1696. 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, twelve more towns and cities established similar corporations in the next two decades. Because these corporations required a private act, they were not suitable for smaller towns and individual parishes.

Starting with the parish of Olney, Buckinghamshire
Buckinghamshire
Buckinghamshire is a ceremonial and non-metropolitan home county in South East England. The county town is Aylesbury, the largest town in the ceremonial county is Milton Keynes and largest town in the non-metropolitan county is High Wycombe....

 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
Essex
Essex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...

. From the late 1710s the Society for the Promotion of Christian Knowledge began to promote the idea of parochial workhouses.

Knatchbull's Act

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
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...

 in 1723. 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. The Workhouse Test Act made workhouses a deterrent as conditions were to be regulated to make them worse than outside of the workhouse. However during this period outdoor relief was still the most popular method of poor relief as it was easier or administer.

By 1776 some 1,912 parish and corporation workhouses had been established in England and Wales, housing almost 100,000 paupers. 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 crèche
Day care
Child care or day care is care of a child during the day by a person other than the child's legal guardians, typically performed by someone outside the child's immediate family...

, night shelter, geriatric ward and orphanage
Orphanage
An orphanage is a residential institution devoted to the care of orphans – children whose parents are deceased or otherwise unable or unwilling to care for them...

.

Gilbert's Act

Gilbert's Act was passed in 1782 to combat the excessive costs of outdoor relief. It promoted indoor alternatives and allowed parishes to combine to support the impotent poor. However, outdoor relief was still used to help the able-bodied poor.

Industrialisation

The 1601 system was for a pre-industrial society and the massive population increases after the Industrial Revolution strained the existing system. Mechanisation meant that unemployment was increasing, therefore poor relief costs could not be met.

French Wars

The French Wars occurred in 1792–1797, 1798–1801, 1805–1807, and 1813–1814, and ended after the Battle of Waterloo
Battle of Waterloo
The Battle of Waterloo was fought on Sunday 18 June 1815 near Waterloo in present-day Belgium, then part of the United Kingdom of the Netherlands...

 in 1815. The wars meant that there were periods of trade blockade
Blockade
A blockade is an effort to cut off food, supplies, war material or communications from a particular area by force, either in part or totally. A blockade should not be confused with an embargo or sanctions, which are legal barriers to trade, and is distinct from a siege in that a blockade is usually...

s on Britain
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....

 which prevented Britain from importing large amounts of grain, thus raising the price of bread
Bread
Bread is a staple food prepared by cooking a dough of flour and water and often additional ingredients. Doughs are usually baked, but in some cuisines breads are steamed , fried , or baked on an unoiled frying pan . It may be leavened or unleavened...

. The blockades coupled with poor harvests in 1813 and 1814 kept the price of bread artificially high.

After the war cheap imports returned. Many farmers went bankrupt because poor rate remained high. Farmers also had to pay war-time taxes. Resulting bankruptcies caused rural workers to become unemployed, and many farmers that survived lowered their workers' wages.

The Corn Laws
Corn Laws
The Corn Laws were trade barriers designed to protect cereal producers in the United Kingdom of Great Britain and Ireland against competition from less expensive foreign imports between 1815 and 1846. The barriers were introduced by the Importation Act 1815 and repealed by the Importation Act 1846...

 were passed by the Tory
Tory
Toryism is a traditionalist and conservative political philosophy which grew out of the Cavalier faction in the Wars of the Three Kingdoms. It is a prominent ideology in the politics of the United Kingdom, but also features in parts of The Commonwealth, particularly in Canada...

 government of Lord Liverpool to protect British farmers. Imports could not occur until prices had reached 80 shillings a quarter. This aimed to prevent both grain prices and wages from fluctuating. However, this kept prices artificially high and made more people claim poor relief. Returning soldiers further added to pressures on the Poor Law system. Further poor harvests in 1818 and 1819 meant that the costs of poor relief hit £8m during this period.

Corruption

In 1819 select vestries
Vestry
A vestry is a room in or attached to a church or synagogue in which the vestments, vessels, records, etc., are kept , and in which the clergy and choir robe or don their vestments for divine service....

 were established. These were committees set up in each parish which were responsible for Poor Law administration. There were concerns over corruption within the system as contracts for supplying food and beer often went to local traders or these vestries.

Cost

The cost of the current system was increasing from the late 18th century into the 19th century. Although outdoor relief was cheaper than building workhouses, the numbers claiming outdoor relief increased. The increasing numbers of people claiming relief peaked after the economic dislocation caused by the French Wars when it was 12 shillings per head of population. During this period strain was also put on the system by a population increase from 9 million to 14 million in the time period indicated by the graph.

Unrest

One reason for changing the system was to prevent unrest or even revolution. Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

 was suspended and the Six Acts
Six Acts
In the United Kingdom, following the Peterloo Massacre of August 16, 1819, the British government acted to prevent any future disturbances by the introduction of new legislation, the so-called Six Acts which labelled any meeting for radical reform as "an overt act of treasonable conspiracy"...

 passed to prevent possible riots. The Swing Riots
Swing Riots
The Swing Riots were a widespread uprising by agricultural workers; it began with the destruction of threshing machines in the Elham Valley area of East Kent in the summer of 1830, and by early December had spread throughout the whole of southern England and East Anglia.As well as the attacks on...

 highlighted the possibility of agricultural unrest.

Criticism from leading intellectuals

Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...

 argued for a disciplinary, punitive approach to social problems, whilst the writings of Thomas Malthus
Thomas Malthus
The Reverend Thomas Robert Malthus FRS was an English scholar, influential in political economy and demography. Malthus popularized the economic theory of rent....

 focused attention on the problem of overpopulation, and the growth of illegitimacy. David Ricardo
David Ricardo
David Ricardo was an English political economist, often credited with systematising economics, and was one of the most influential of the classical economists, along with Thomas Malthus, Adam Smith, and John Stuart Mill. He was also a member of Parliament, businessman, financier and speculator,...

 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".

Historiography

The Historian Mark Blaug
Mark Blaug
Mark Blaug , was a British economist , who has covered a broad range of topics over his long career. In 1955 he received his PhD from Columbia University in New York under the supervision of George Stigler...

 has defended the Old Poor Law system and criticised the Poor Law Amendment Act. Evidence to the 1937 Committee on the Poor Law Amendment Act also found some support for the existing system.

Reform

The 1832 Royal Commission into the Operation of the Poor Laws wrote a report stating the changes which needed to be made to the poor. These changes were implemented in the Poor Law Amendment Act 1834.

Further reading

  • A.L. Beier, Masterless Men: The Vagrancy Problem in England, 1560–1640 (1985)
  • A.L. Beier,The Problem of the Poor in Tudor and Stuart England (1983)
  • N. Fellows, Disorder & Rebellion in Tudor England (2001)
  • Steve Hindle, The State and Social Change in Early Modern England (2000)
  • John F Pound, Poverty and Vagrancy in Tudor England (1971)
  • Paul Slack, From Reformation to Improvement: Public Welfare in Early Modern England (1998)
  • Paul Slack, Poverty and Policy in Tudor England (1988)
  • Penry Williams, The Tudor Regime (1979)

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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