(a) A wife deserted by her husband and having only legitimate children dependent on her could, under the Outdoor Relief Prohibitory Order, 1844, be given Outdoor Relief as a widow having a child dependent on her. As a matter of fact, the position of any wife living apart from her husband was better than that of a widow. The wife living apart from her husband (whether technically deserted by him or not, and whether or not he was within the union) could insist on the relief of her children, without applying for relief for herself; and if the child was below the age of seven, it could not be separated from her, even with her own consent; and thus the relief had to be outdoor relief. She could, moreover, send her children over seven into the workhouse without herself accompanying them, or herself becoming a pauper. On the other hand, though the local authority might, if it chose, grant outdoor relief to a widow having a child dependent on her (if she had had no illegitimate child born since her widowhood), it need not do so, and it could not relieve her dependent children, whether under seven or over, without making her a pauper.
(b) The wife of a husband—
(i.) Beyond the seas;
(ii.) In custody of the law; or
(iii.) Confined in an asylum as a lunatic or idiot
was to be treated, for indoor and outdoor relief alike, as if she were a widow (a widow beyond the six months' term, though this is not so stated). By "beyond the seas," the Central Authority understood "out of Great Britain." [149]
(c) In the case of the wife of an able-bodied soldier, sailor, or marine in His Majesty's service (wherever he might be situated), the Central Authority expressly stated that it felt it to be "desirable to give great latitude" to the local authorities.[150]
In all other cases, within those parts of the country to which this Order applied, wives residing with their husbands had to follow them, and were not to be relieved, either in or out of the workhouse, without them. A more difficult question was whether a man could continue to receive relief in the workhouse if his wife insisted on leaving it. The Central Authority, on being appealed to by a local authority actually confronted with such a case, decided that the wife could not be prevented from leaving the workhouse. It hazarded the opinion (of which we do not admit the legal validity), "that a woman may be restrained by the control of her husband from leaving the workhouse, and if he declines to use his marital control, it is in the power of the guardians to dismiss the husband. But whether it is expedient or judicious to pursue such a course must depend on the peculiar circumstances which each individual case presents. One consideration is particularly important in dealing with any case of this description, that is, whether the husband is in a condition practically to exercise his control over his wife. Where he is not, it would be very unadvisable, in the opinion of the Commissioners, to make it a condition of the relief of the husband or of his children (if he have any) that he should exercise an authority over his wife which practically he cannot exercise." [151]
It is interesting at this point to sum up the policy of the Central Authority, so far as embodied in its published documents between 1834 and 1847, with regard to outdoor relief to women, especially as affecting the "Rate in Aid of Wages." The policy differed fundamentally in the two different areas of the country governed respectively by the two kinds of Orders. Where the Outdoor Labour Test Order (continued, after 1852, by the Outdoor Relief Regulation Order, which is still in force) was alone applied, the discretion of the local authority to give outdoor relief to women of any status, married or unmarried, with children or without, was unfettered by any Order. The only rule made by the Central Authority in the matter was that if the woman was the wife of an able-bodied man who was himself employed on "parish work," and residing with him, at least one-half of his relief should be in kind. No rule was made or Order issued by the Central Authority against the grant of outdoor relief to women employed for wages, even in respect of the very days on which they were earning wages.
We have mentioned that the Central Authority, so far as men were concerned, stood rigidly to the position of the 1834 Report that the moral character of the applicant was to be absolutely disregarded in considering the relief to be granted to him. With regard to women, however, it took up a different position. We find it advising that the mothers of illegitimate children should, on this ground alone, not be granted outdoor relief. [152]
Where the Outdoor Relief Prohibitory Order was in force, neither spinsters nor wives residing with able-bodied husbands[153] could, apart from sudden and urgent necessity, receive outdoor relief, unless they were sick. But with regard to widows and wives living apart from their husbands, the exceptions to the prohibition were so numerous that both these classes may almost be said to have been expressly allowed to receive outdoor relief. The fact that such women were in employment for wages was not regarded by the Orders of the Central Authority as relevant: nor was it prescribed that any task of labour should be exacted in return for the relief. And although if we look closely, it is possible to find, in the circulars, instructional letters and published decisions of these thirteen years (1834-1847), two or three bare incidental allusions to the possibility of outdoor relief to women having the effect of a "Rate in Aid of Wages," even these occur only in the earlier years, and presently die away entirely. It is, therefore, not incorrect to say that an objection to outdoor relief to women in employment formed during these years no part of the declared policy of the Central Authority.