English Poor Law Policy

by Sidney Webb; Beatrice Webb

In the 477 unions in which the Outdoor Relief Prohibitory Order was in force (either with or without an Outdoor Labour Test Order), outdoor relief to able-bodied independent women was prohibited, with certain exceptions, which, between 1835 and 1844, steadily increased in number. As crystallised in the Out Relief Prohibitory Order of 1844 (still in force) outdoor relief was allowed to such able-bodied independent women,

(1) On account of sudden and urgent necessity;

(2) On account of the sickness, accident, or bodily or mental infirmity of any member of their families (unlike a father in like case, the independent mother was not required to produce a medical certificate);

(3) For defraying the expenses of burial of any of their families;

(4) If a widow, for the first six months of widowhood or, without limit of time, if, unable to earn a livelihood, and having one or more children dependent on her, she had had no illegitimate child since her widowhood.[136]

In the Circulars issued with these Orders, the only instructions with regard to any class of able-bodied independent women relate to widows. In these instructions the grant of outdoor relief during the first six months of widowhood, without any mention of its being considered whether they had children or not, or whether they were employed for wages or not, is specially and repeatedly brought to the notice of the local authorities as laudable. [137]

It was, indeed, insisted by the House of Commons Committee in 1838 "that a power should be continued to the board of guardians, taking into consideration the character of the parties, to relieve, out of the workhouse, widows with young children left dependent upon them." [138]

This is the more significant in that the Central Authority, in one case at least, had tried a harsher expedient. In the Bradfield Union, which, under Mr. Stevens' chairmanship, had adopted an ultra-rigorous policy, the board of guardians itself passed a rule forbidding outdoor relief "to any widow or single woman, not being aged or infirm, who is of ability to work," except in sickness, accident or urgent necessity. [139] This was much criticised but was maintained by the majority, who asked the Central Authority to support them by issuing an Order prohibiting all outdoor relief to able-bodied women not being aged or infirm. The Poor Law Commissioners in reply said that they "most willingly confirm the resolution, and in so doing they desire to state that they consider the workhouse to be the best description of relief for all cases, and they are always glad to perceive that the guardians of any union view outdoor relief as the exception to the general rule, to be administered, with caution, in cases of sickness, infirmity and particular distress only." [140] But even the Bradfield Guardians found this Order, for which they had themselves asked, quite unworkable; and they were reduced to asking sanction for successive departures from it. They generally granted outdoor relief to widows for the first few weeks of their widowhood, and were often driven to extend it. They then asked for an alteration permitting outdoor relief to able-bodied "widows of good character with more than one child under eleven, if a boy, and under thirteen if a girl." The Central Authority was loath to let go, but had eventually to issue another Special Order as desired. [141]

The grant of outdoor relief to widows having children, apart from this six months' term, is, "so far as it relates to able-bodied women in employment," regarded as of doubtful policy, to be made with circumspection, as likely to excuse contributions from relatives, to discourage insurance, and to have all the evils of the rate in aid of wages. It is suggested, moreover, that a widow can usually earn enough to support one child. [142] It may be understood from a bare reference in the Instructional Letter of 1839 to "able-bodied women themselves" as well as to widows, that the Central Authority was alive to the effect upon women's wages of the grant of outdoor relief to single independent women in employment. [143] But in the revision of this Instructional Letter in 1841—though its terms remained almost identical—the slight reference to the single able-bodied woman wage-earner was silently omitted. [144]

With regard to married women, the policy laid down by the Central Authority differed according to the particular kind of Order in force, and thus according to the locality in which they resided. In all but specially excepted cases, relief to a woman under coverture was deemed to be relief to her husband, and came thus within all the various regulations and conditions limiting outdoor relief to the able-bodied man.

In the thirty-two unions to which Outdoor Labour Test Orders were applied by themselves—these culminating in the Outdoor Relief Regulation Order 1852 (still in force)—the policy of the Central Authority was to leave the discretion of the local authorities unfettered, with regard to the grant of outdoor relief to married women, except the wives of those men ("the able-bodied and their families") to whom outdoor relief was only to be granted in return for labour. In these latter cases the measure of the relief was to be the needs of the family, not the work done by the husband. In 1835 the Central Authority had even urged that, where the families were large, they "should be furnished with provisions according to their numbers and necessities in the same way as other paupers" by way of "additional relief" to the man for the "wives and children, as far as shall be actually necessary." [145]

As the policy became settled, the phrase "additional relief" was dropped; but the amount given to the husband was to depend, not on the amount or value of the work that he did, but was to be "proportioned to the wants of the applicant and his family, and should not be deemed remuneration for the work done." [146] In these cases half, at least, of the relief given to the husband was to be in kind; whilst, according to the Orders, no labour was required from the wife. [147] In spite of the absence from the Orders of any requirement that the wife should render any task of labour, we find the Central Authority in 1842—concerned at the earning of money by the wives (and children) of men at "parish work"—making an inconsistent suggestion. In the Minute of 31st October 1842, it is suggested that, "if it be practicable, some employment, such as picking up or carrying stones, should be provided for the wives and children. The latter precaution is peculiarly important in the manufacturing districts." [148] This requirement of labour from the wife had, up to 1847, found no embodiment in any Order.

In the 477 unions to which the Outdoor Relief Prohibitory Order of 1844 applied, three extensive classes of wives were, by the policy of the Central Authority, to be treated as if they were widows.