A history of the Irish poor law, in connexion with the condition of the people

by Sir George Nicholls

The 9th George 2nd, cap. 25, has the same preamble as the Dublin Act. It constitutes the bishop of Cork, and the mayor, recorder, aldermen, sheriffs, common councilmen, the common speaker, together with twenty-six other persons who are to be elected annually, a corporation and body politic, entitled the “Governors of the Workhouse of the City of Cork.” They are to have a common seal, with all the usual powers, and may purchase and take for the uses of the corporation any lands or other hereditaments not exceeding the annual value of 2000l. The ground for the workhouse is given by the city corporation, and in order to defray the expenses to be incurred in carrying the several provisions of the Act into effect, a duty of one shilling per ton is imposed on all coal and culm imported into Cork during the term of thirty-one years, to be paid to the governors of the workhouse. Four general assemblies of the governors are to be held in every year, and they may from among themselves annually appoint fifteen to be assistants, any five of whom are to have full power to carry the regulations established by the governors into effect, and likewise to regulate the management of the gaol or house of correction. The beadles and constables are authorised to seize all beggars and other idle vagabonds, found strolling in or frequenting any of the streets or houses within the city and suburbs, and to carry them before one of the said assistants, who is empowered to commit them to the workhouse and hard labour until the next meeting of the governors, who may if they see cause confine such beggars or vagabonds in the workhouse for any term not longer than four years, and keep them to hard labour or otherwise as shall be thought fit. If disorderly, they may be committed to the house of correction.

Section 17. Foundling children.

The workhouse at Cork, like that established in Dublin, is thus we see primarily intended for the repression of mendicancy and vagabondism, and like that too it is further designed for the reception and maintenance of foundlings. The 17th section of the Act declares that “the exposed or foundling children left yearly on the several parishes in the city and suburbs of Cork are very numerous, and do frequently perish for want of due care and provision for them”—Wherefore it is enacted, that as soon as the workhouse shall be built, the governors shall receive from the churchwardens of the respective parishes all the exposed or foundling children that are then within the same, and likewise all such as may thereafter be found exposed or left to be maintained by any of the said parishes, “and shall take due care to have such children nursed, clad, and taught to read and write, and thoroughly instructed in the principles of the protestant religion.” The male children are to be taught some trade or calling, and employed thereon within the workhouse until the age of 21, when they are to be discharged, and furnished with a certificate under the seal of the corporation, stating their having been so brought up and taught such trade in the workhouse, which certificate will entitle them to the freedom of the city of Cork, with all the privileges other freemen enjoy.

If the number of male foundlings should become so great, that the fund appropriated to the maintenance of the workhouse proves insufficient for continuing them therein until they severally attain the age of 21 years, the governors or assistants are empowered to place out so many of the male children to such art trade or calling, or to the sea service, or to be household servants, for any term not exceeding seven years, as they shall judge necessary and expedient. The female children are to be instructed in such proper trades and employments, and disposed of at such ages and in such manner, as the governors may deem advisable; and in order to prevent the improper interference of the parents of such deserted children, many of whom being Roman catholics are said to strive to hinder their children from being brought up protestants, the governors of the workhouses of Dublin and Cork are empowered to exchange the children maintained therein, whenever such interchange shall be agreed upon by the respective governors. This appears the only material addition suggested by the experience obtained in the thirty years between the passing of the two Acts, and it strikingly illustrates the difficulty of dealing with matters connected in any way with differences in religion. Here are parents so wanting in natural affection as to desert their own progeny, and leave them to be cared for by their protestant fellow-subjects, and who yet make it a point of conscience to hinder their children’s being brought up in the religion of their protectors. It would seem impossible to carry unreasoning inconsistency further.

Foundling hospitals have, from a remote period, existed on the continent of Europe, especially in Italy and France. It appears to have been thought that by providing a place where mothers might deposit their illegitimate offspring in safety, the frequent recurrence of child-murder would be prevented. But it may be doubted whether the exemption from the consequences of illicit intercourse, does not tend to relax moral restraints, and to increase the number of illegitimate children.

1771-2.
11 and 12 George III. cap 11. Dublin Foundling Hospital.

The double functions assigned to the Dublin workhouse, of dealing both with vagrants and foundling children, were deemed to be inconsistent, and The 11th and 12th George 3rd, cap. 11, was passed to remedy this defect, and in fact to reconstitute the entire establishment. All former Acts affecting it were accordingly repealed, and a new corporation appointed, comprising a long list of persons official and non-official, from the lord-lieutenant downwards, who are to be called “the Governors of the Foundling Hospital and Workhouse of the city of Dublin.” The corporation is invested with large powers, and may for its own use and benefit purchase and hold any lands, tenements or hereditaments, not exceeding the annual value of 2,000l., or any personal estate whatsoever; and may make such rules by-laws and other regulations, as the governors shall judge necessary and expedient for the good government of the institution. There are to be four quarterly meetings of the governors in the year, and as in the case of Cork the governors may appoint annually from among themselves fifteen or more “to be called the Court of Assistants,” who are to assemble as often as they think proper for putting in execution the orders and regulations ordained by the governors, and are invested with authority to inspect and regulate the management of the institution, “and the children received therein or sent out to nurse therefrom.”

Vagabonds and strolling beggars not to be admitted.

And as “the reception of vagabonds and strolling beggars into the same house, or within the same walls with children,[children,] will be manifestly injurious by the setting a bad example,”—it is enacted that no vagabond or strolling beggar shall be sent into the same house, or kept within the same walls with the children; but when apprehended shall be sent to bridewell, or to such other place as the governors shall appoint, separate and apart from the said children, and be there maintained and set to work at the expense of the corporation, under such management and regulation as the governors shall prescribe, the produce of their labour to be applied in aid of the revenues of the institution. The governors and the court of assistants are empowered to inflict reasonable punishment or correction from time to time, on any vagabond beggar or poor person within the said bridewell, or other place of confinement; and each of the governors, and every justice of peace, may apprehend any poor persons begging or seeking relief, and all vagabonds and strolling beggars, within the city and liberties. The beadles, constables, and inhabitants generally, are moreover required to seize and take all such persons before one of the said governors, or one of the said justices, in order to their being committed to bridewell or other appointed place, until the next quarterly court of governors, who may confine the beggars and idle vagabonds so committed for any term not exceeding three years, “there to be kept to hard labour, or otherwise usefully employed, as they shall see cause and shall order and direct.”

Section 16.
Foundling children.