THE UNIVERSITY OF THE WEST INDIES

SY25A/ SOCI 2023 – SOCIAL POLICY AND ADMINISTRATION I

INDIVIDUAL TUTORIAL PRESENTATION

QUESTION:
Elizabethan Poor Law separated the poor into the deserving and the undeserving poor.
Explain the principal provisions of the Great Poor Law and its evolution to the New Poor
Law of 1834.

PREAMBLE:
WHAT EXACTLY WAS THE ELIZABETHAN POOR LAW?
Elizabeth’s government enacted legislation known as the Poor Laws, which made every local
parish responsible for its own poor, created workhouses, and severely punished homeless beggars.
Parliament also passed bills to ensure fair prices in times of shortage and to regulate wages in times
of unemployment. One of the queen’s most important economic decisions was to issue a new
currency that contained a standard amount of precious metal. This raised confidence in the currency
and also allowed businesses to enter into long-term financial contracts.

WHY WERE THEY PASSED?

The nation that Elizabeth inherited was experiencing a steady increase in population. During the
16th century the population of England and Wales increased by almost twenty-five percent (25%), and
by Elizabeth’s death in 1603, England would reach 5 million. The continued population growth
placed strains on the economy, which was made worse by serious harvest failures in every decade
of Elizabeth’s reign. Prices for food and clothing skyrocketed in what became known as the Great
Inflation.

The 1590s were the worst years of the century, marked by starvation, disease of an epidemic scale,
and roving bands of vagrants looking for work. Throughout the 14th to 16th centuries the wealth of
Britain was underwritten by the wool trade and in the quest for these wealth large tracts of land was
turned over to sheep farming. This eventually led to an underclass of dispossessed poor wandering
the countryside seeking work, settlement and charity. Coupled with this exploding population and
great inflation, a series of disastrous famines in the 1590's heightened this increase in poverty,
which could not be alleviated under the old system of individual philanthropy. This posed a threat
to the stability of the realm and with this view a series Elizabethan poor law acts were passed in
1563, 1572, 1576, 1597 and 1601.

In 1563 the poor were categorized for the first time into:

 DESERVING; (the elderly and the very young, the infirm, and families who
occasionally found themselves in financial difficulties due to a change in
circumstance), they were considered deserving of social support. They were
classified as people who “would work but couldn’t”
 UNDESERVING; (these were people who often turned to crime to make a living
such as highwaymen or pickpockets, migrant workers who roamed the country
looking for work, and individuals who begged for a living), who were to be treated
harshly. In fact, some historical literature indicates that they to be severely beaten
until they realised the error of their ways.
The act of 1572 introduced the first compulsory poor local poor law tax, an important step
acknowledging that alleviating poverty was the responsibility of local communities, in 1576 the
concept of the workhouse was born and in 1597 the post of overseer of the poor was created.

What needs to be noted is that The GREAT ACT OF 1601 consolidated all the previous acts and
set the benchmark for the next 200+ years. These Poor Laws signalled an important progression
from Private Charity to the Welfare State.

They were therefore passed as a response to the increasing number of poor in England. During the
earlier times the lords were directly charged with the duty of care of their tenants. The feudal
system began to crumble, and tenant farmers lost their land. Therefore having no source of relief
they drifted to the cities and larger towns. There was only a handful in the population that had skills
that could actually earn a living, and as the number of poor increased, pauperism became a national
problem.

PRINCIPAL PROVISIONS of the GREAT POOR LAW of 1601

A COMPULSORY POOR RATE to be levied on every parish. This poor rate was set annually by
the overseers and various charities. The Parish became the basic unit of Poor Law Administration.
There were some 15,000 parishes throughout England and Wales, each based on a parish church.
The legislation was very ‘vague’, and did not set down established administrative standards.
Parishes therefore interpreted the law in any way they pleased. Because of this ‘self-interpretation’
great differences arose between parishes which varied from extreme laxity to extreme stringency. It
should also be noted that many parishes were small and their finances meagre. This added
responsibility which was now bore legal implications was a heavy burden and may have seen
disastrous.

Relief was made available in many different ways; e.g. food, medicine, clothing, tools. Not all
parishes had a poor house or a ‘house of correction’. It became very obvious that some parishes
were more sympathetic towards their poor, resulting in paupers moving into areas that were more
generous and kind to them.

The establishment of the 1662 Settlement Act dictated that persons had to have a ‘settlement’ before obtaining relief.

(i) Birth in the parish

(ii) Marriage
(iii) Working in the parish for a year and a day.
Problems of the Settlement Laws:
(i) Hindered the free movement of labour
(ii) Prevented men from leaving over-populated areas on the ‘off-chance’ of finding employment
(iii) Led to short contracts; e.g. 354 days or 51 weeks. A man might live in a parish for years and not be eligible for poor relief later in life

Other forms or charity could be land left by someone for the benefit of the poor; many villages
had their poor's piece which was tendered for annually. Many other charities specified bread or
ale on certain days or bibles for the poor children.

Other sources of income would come from ratepayers who were pressured into accepting those on
relief as temporary labourers and the income from letting the lanes of the village for grazing and
hay making. The poor would often be put to work by the parish surveyor repairing the roads and
lanes.

There was also the creation of ‘OVERSEERS’ of relief. The law required that at least two (2)
Overseers be elected by each parish, every Easter. They were people of ‘substance’; who were
deemed to be ‘substantial householders’. These elected officers were unpaid, overworked and for
the most part unwilling appointees. These acted under the supervision of the Justices of the Peace.
Their duty was also that of controlling the lower orders and reinforcing a sense of Social
Hierarchy. The main duties of the Overseers included but were not limited to:

 Calculating out how much finances would be needed for the poor and then setting the Poor
Rate accordingly. Many ‘overseers’ would have been accused of unjustly setting poor rates.
 Collection of Poor Rate from property owners. Sometimes this may have proven to be
quite a task, since many property owners were not in favour of the poor rate, especially
when it proved to be ‘exorbitant’ to them
 Distribution of the food, money and whatever else that was made available to the poor

 Supervision of the Parish Poor house

Another principal provision of the Elizabethan Poor Law was in regards to the peculiar way in
which the poor was CLASSIFIED and CATEGORISED.

The first category was classified as being ‘able-bodied poor’. These were also known as the
undeserving poor, as was highlighted in the earlier. They were dealt with punitively and sent to
work at ‘houses of correction’. These conditions in these houses were abysmal. It was quite obvious
that inmates were taken extreme advantage of, and that what was supposed to have fostered
correction only instilled fear and reinforced criminal cognition. ‘Hardened criminals’ were made
more callous by the system, which inevitably gave birth to new criminals as well.

In 1776, the first official workhouse returns were made showing the existence of about 2,000 workhouses, each with between 20 and 50 inmates. The
cost of indoor relief was high; inefficient workhouse management led to increased social pressure for more sympathetic treatment of the poor. This
led to the passing of Gilbert's Act in 1782. Thomas Gilbert, an MP, attempted to have this Act passed in 1765 but failed; he then spent the next 17
years attempting to have his Bill passed. He finally succeeded in 1782. The Act allowed groups of parishes to form unions and build joint poor-houses
for the totally destitute, in order to share the cost of poor relief through 'poor houses' which were established for looking after only the old, the sick
and the infirm. Able-bodied paupers explicitly were excluded from these poor-houses: instead, either they were to be provided with; Outdoor relief or
employment near their homes

Land-owners, farmers and other employers were to receive allowances from the parish rates so they could bring wages up to subsistence levels.
Gilbert's Act is often used to demonstrate the government's humanitarianism but it was even more important in expanding the scope of poor relief
and attempting to bring the gentry (i.e. those of the upper class, who are in a decision making position) into closer involvement in poor relief
administration.

The second category was the ‘impotent poor’. These would have included all those who were
willing to work, but could not because of inabilities due to age (elderly and very young), illness and
disabilities because of some physical or mental impediment. They would work within their capacity
in poor houses or they would be given outdoor relief. Outdoor relief was facilitated through the
poor being left in their own homes where they would be given a ‘dole’ of money (i.e. a regular sum
of money usually payable by the government) on which to live or be given relief in kind, e.g. food
and/or clothing.

The third category was classified as ‘dependent children’. Children whose parents were too
poor to take care of them may have been auctioned off to be apprenticed to someone. Boys were
made to learn a trade, whilst the girls were trained as domestic servants. This was a way of
disposing of possible future problems by altering their legal settlement status. If they served their
full term of seven years then their legal settlement would be at the place of their master’s
settlement. The master had a legal obligation to feed, clothe and impart the mysteries of his trade
for the duration of the contract.

Girls were usually apprenticed until they attained 21 or got married, problem solved, and boys till
they were 24. This extra three years gave the master a bit more cheap labour as an incentive.
Although many of these apprenticeships were just an excuse for cheap labour some really
worked towards improving the life of the young man or woman.

THE NEW POOR LAW of 1834

The Poor Law of 1601 had stood for over two hundred (200) years. It may not have always
achieved its all of its objectives, but for the most past and to a greater extent it functioned. The
Poor Law Amendment Act was called for after an investigation by the 1832 Royal Commission
into the Operation of the Poor Law. The Royal Commission’s findings were that the old system
was badly and expensively run. The commission’s findings were based on two (2) principles.

The first being the principle of ‘less eligibility’. Conditions within the workhouse were made
worst than the worst conditions outside the workhouses so that the workhouse served as a
deterrent. The unattractive and uncomfortable way in which the public assistance was
administered meant that only the neediest would dare consider it. The payments were always
kept well below the minimum wage. The poor then would be more willing to find work than to
make petition for public assistance.

The second being the ‘workhouse test’: where relief should only be made available at the
workhouse.

[Second (2nd) School of thought]

The framing of the 1834 Poor Law Amendment Act highlights in itself the misconceptions about
poverty and the poverty-stricken in nineteenth century Britain. It achieved its immediate aim of
reducing the poor relief rate but could not produce a system of poor relief which was tenable in
the long run, as it was socially unacceptable to the recipients of aid.

This New Poor Law was one based on Victorian ideas of virtue, thrift and industry. The new poor
laws may have been based on utilitarian principles, incorporating the spirit of benevolence.
However many question whether or not in enquired into the nature and causes of poverty. The
ideology behind it was that people would be more willing, or should become more willing to work
hard and flourish by their own industry. Laziness was frowned upon. The stratified way in which
the society was built was clearly marked out. Some would even say that this stratification and
disparity was needed for society to function. In some way the architects of the New Poor laws were
hoping for a revolution and evolution in the thinking of the individual which when collectively
contained would initiate a greater society.

[Third (3rd) School of thought]

Due to the changing face of Britain, there was need for a remodelling of the Poor Laws. In the
South, the agricultural sector was undergoing massive restructuring, as England was seeking to
become more self-sufficient. This increased agricultural activity meant that there would have been
an increased in employment opportunities. The shortcoming of this revitalisation in agriculture was
that more work was being done through the method of contract or day-labour.

In the North, much Industrialisation was taking place, and there was much opportunity for labour.
During this time, internal migration of labour was taking place, and so entire families were moving
from one area to another.

Because of this increased demand for labour and because people were traversing more often, the
Amendment to the Poor Law, sought to discourage people from wanting to go to poor houses or
even become recipients of public assistance and therefore make themselves available for
employment and therefore Nation Building.

BIBLIOGRAPHY

 Microsoft ® Encarta ® 2006. © 1993-2005 Microsoft Corporation. All rights reserved.

 M.J. Daunton, Progress and Poverty: 1700 - 1850 (1995)

 D. Cannadine, Class in Britain (1998)

 P. Thane, Foundations of the Welfare State (2nd ed., 1996)

 D. Ricardo, Principles of Political Economy (1817)

 D. Fraser, Evolution of the British Welfare State (2nd ed, 1984)

STUDENT: MARK MOHAMMED

IDENTIFICATION NO: 806000332