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This is a transcript of a talk
given by Mrs Norma Neill to Tickhill & District Local History
Society in May 2007.
Before the
reformation the care of the poor had been the responsibility of
the monasteries and the parish clergy. The monasteries gave out
‘doled’ bread every day at a fixed time. This was a common
practice as ‘broken meats’ would be distributed by the rich
after banquets & feasting to the poor at their gates. The word
‘dole’ actually means a charitable gift. After the Dissolution,
the care of the poor devolved onto the clergy alone, who
resented it very much, particularly as one third of the tithes
they received had to support the poor, and they had to collect
alms for them.
Alms from the
populous were encouraged and people gave as it was thought such
gifts added to your credit in the afterlife. The clergy
protested that their function was to teach the word of God and
not act as Poor Law officers. The situation became acute.
England at this time was still experiencing times of famine. You
must understand that the idea of the parish originated in
Anglo-Saxon times and with the addition of the Norman feudal
system the parish itself was the administration centre. As far
as Scunthorpe was concerned, together with Crosby and Brumby it
was a township of the Parish of Frodingham. Large parishes were
often split into townships for easier administration. At this
time of crisis as far as the Poor were concerned, two posts per
parish were formed to try and bring some order and relief. There
was an Alms Collector, and a Supervisor of the Labour of Rogues
and Vagabonds. This was because the care of the poor also
included the halt, the sick, the lame, and the unemployed.
These two posts
were combined in 1597 into one. The Overseer to the Poor, and by
the Act of 1601, The Great Poor Law, the whole care of the poor
was passed into the hands of the parish. They now had to look
after their own. The Overseer was himself supervised by a
Churchwarden. Each parish had at least two Churchwardens, some
had four. The Churchwardens were subordinate to the Vicar, and
ran the parish under his supervision with the help of the
Vestry. The Vestry was a collection of parishioners made up of
solid citizens, well-regarded and often large landowners. They
were really the governing body of the parish appointing the
Parish Constable, the Overseer to the Poor and the Surveyor of
the Highways subject to the approval of the Justices of the
Peace.
To care for the
poor the parish had to raise money and this it did by the Vicar,
Churchwardens and the Vestry fixing a rate to be paid. This is
the origin of the word ‘rates’. The rate would vary from year to
year and the people who had to contribute to the Poor Rate would
vary as well. As the main landowners, who would probably pay the
most and who often were members of the Vestry, their aim was to
keep the Poor Rate as low as possible and care only for their
own people. This led to much hardship and misery when times were
hard and the poor multiplied. Also as people fell into the trap
of poverty there were less people to contribute to the Poor
Rate. So what was the old system and how did it work, and how
did it effect the poor.
Firstly as time
went on, the Great Poor Law was altered and added to until the
reform of 1834 when the New Poor Law came into power. In 1697
for example, the Badge-Man Act obliged the poor on parish
relief, the paupers) to wear on their clothing a badge with a P,
and they were forbidden to beg. They were allowed to beg at
certain hours from their neighbours who could only give to badge
holders. In 1698 in Huddersfield, one John Elam, tailor, is paid
5 shilling for making the red P’s. A House of Correction, a kind
of County Jail was set up under the Act for Rogues, Vagabonds,
unmarried mothers & those who had left there children to be
brought up on the Parish. Also those paupers who refused to be
badged could be sent there for a whipping and 3 weeks hard
labour.
There were two
forms of relief of the poor. ‘Out relief and ‘in relief, and
after 1772 parishes were given permission to buy or rent
premises for a workhouse and to employ a workhouse keeper. ‘Out’
relief supported people in their own homes and consisted of
payments for rent, repairs, food, clothes, shoes, medicines etc.
The Overseer of the Poor was obliged to keep a strict accounting
to be checked by the Churchwarden. This is called the Overseer’s
to the Poor Account Book, or the Poor Book, or as in
Huddersfield, the Town Book. The account book for Haxey Parish
1718-1736 still exists and is in Lincoln Archives. Rents are
paid, small sums distributed. Elizabeth Wyat is ‘infirm and
almost blind’, Widow Smith has her cottage re-roofed at the
Parish expense. Isaac Newton’s child ‘left by his parents’ has
to be maintained. In Haxey 5 cottages had been built with money
from a Charitable donation and the parish itself built a 6 These
were used to house the poor and infirm at parish expense. Many
other places had similar schemes.
‘In relief
really meant admission to the parish workhouse, and we know that
Haxey had its own workhouse. Inmates were not allowed to sit on
their hands but would be put to work as much as they were able.
Able bodied men had to work as if they were employed.
So if you fell
on hard times how did you get help? Firstly, aid was not given
just because you happened to be living in the parish at that
particular time. You had to have a right of settlement in that
parish. It was your insurance or social security of the time.
To gain a right of settlement you had to be born in that parish,
live in the parish for over 40 days, be apprenticed for seven
years then you would take your master’s place of settlement as
your own, or to serve a master for one year. A woman on marriage
took her husband’s settlement. Those paying parish rates or
being an officer of the parish also granted you the right of
settlement. In Haxey in 1727 William Thompson gains a settlement
because he has purchased a house and land to the value of £30
and upwards. George Derwin in the same year rents a farm for
upwards of £10 which also gains him a settlement.
After 1697
people moving to another parish to work would ask their
Churchwardens for a Settlement Certificate to take with them in
case they ran into trouble. This would be signed by their
Churchwardens and directed to the Churchwardens of the parish
they were moving into stating that is they ran into trouble
their own parish would accept them back and support them. Thomas
Thomas Richeson takes a settlement certificate with him from
Frodingham in 1710. It says he & his family intend to live in
Scuntrope but are settled in the Parish of Gunhouse. A more
revealing Certificate is one for John Wells, Catrin his wife,
John their son, Mary their daughter, & Sarah their daughter who
are legally settled in the Parish of East Butterwick and their
Settlement Certificate is addressed to the Churchwardens of
Frodingham. All this was because no parish wished to pay money
to anyone who they thought was not entitled to it and to keep
their Poor Rate as low as possible. People sought ways to obtain
certificates through various means. It took an Act of 1697 to
stop paupers (the official name for the poor) from hiring
themselves out for a year but leaving after a few weeks. After
this date the Overseers to the Poor could grant a certificate to
them so that they could move to another parish for temporary
work such as helping with the harvest but they could then come
back to their parish and be granted aid.
Illegitimate
children originally had a settlement in the parish of their
birth. Bastardy means being born out of wedlock. It originally
referred to the baseborn child of a gentleman or noble but
gradually became a term covering any illegitimate child. Common
Law said the descent of land could only be passed to a
legitimate child but an illegitimate child could inherit
providing it was so stated in a last will and passed through
Trustees. I have a will where one of my ancestors leaves
property to his ‘natural’ son amongst bequests to legitimate
sons. Many of the aristocracy raised such children in their
homes. William the Conqueror was one such.
The Parish
Registers usually state where bastardy has occurred under such
headings as spurious child, child of God, Child of no certain
man, and the very descriptive hedge begot! Mothers often gave
clues to the man who had got them into trouble by giving their
child one of his names. When registration came in 1837 in such
cases the father’s name was omitted. Great pressure was put on
unmarried pregnant women to name the father so maintenance and
lying in costs could be recovered from him, by means of a
Bastardy Bond, otherwise the child would have to be brought up
‘on the parish’. The mother would be sternly questioned by the
Churchwardens, and in some cases at the time of birth, medical
help was denied her until the father was named. If the father
refused to pay or denied responsibility the Churchwardens could
apply to the Justices of the Peace at the local Quarter Sessions
for a Maintenance or Filiation Order against him, and if he did
not appear at court he would be summoned and the case examined.
This threat was often enough to make the reluctant father pay
up, and often records of these cases can be found in Vestry or
Overseer’s to the Poor accounts. In 1734 Bastardy Bond is
granted to Crosby, in the case of Ann Westoby who had a child by
James Snell of Roxby, labourer. Another Bond, 1787, is ordered
at the Quarter Sessions to Winteringham for Eleanor Tomlinson
who had a male child by Thomas Richmond of West Halton.
After 1575-6
The Justices could charge the mother or father with the upkeep
of the child and this remained the basis of the Law until 1834.
By 1609 the mother could be sent to the House of Correction if
she defaulted on payments. ‘Hannah Pearey of Haxey now in The
House of Correction at Gainsborough, was summoned for ‘not
performing an Order of Filiation made on her towards the
maintenance of a bastard child of her body, be discharged as she
promised to contribute to the best of her ability towards
maintenance’.
By 1662 if the
parents absconded leaving the parish to keep their child any
goods they owned could be seized. In Frodingham Parish Register,
dated 1687 there is an entry concerning Jane Heslgrave. It says
she is ‘left destitute of friends or any means to support life
within the parish of Flixborough. She was made to appear before
two Justices, (it means at the Quarter Sessions). The Justices
made their order that the Parish of Flixborough ought to
maintain the child as a member of the Parish’. 1723 brought
legislation ordering the woman to declare herself if she was
pregnant and to name the father, who 10 years later under the
law, could be sent to jail if he defaulted on payment. After
1743 the child took the Settlement of his mother and not the
place where he was born and the mother was ordered to be
whipped. After 1750 illegitimacy increased not helped by the
poverty caused by the enclosures which were taking place.
Punishment of a mother is often found in the records of an
Ecclesiastical court, which sentenced such mothers to a penance
such as appearing in the church in her shift and publicly
acknowledging her ‘sin’.
Strangely
enough the men were not so punished. I wonder why?
If you needed
aid and did not have a settlement in a parish the Churchwarden
would order the Parish Constable to escort you to the parish in
which you did have a settlement. In Doncaster within living
memory removals were made in ‘the cripple cart’. People were
moved over long distances in order to get them back to their
settlement parish because otherwise they would become a charge
on the rates. So it was important for the Churchwardens to know
who had a settlement in a different parish and they kept lists
of those bringing settlement certificates to the parish and
those leaving and taking certificates with them.
Lincolnshire
Family History Society has published books indexing settlement
certificates from all over the county. Haxey has a long list of
people bringing settlement certificates with them from 1699 to
1762. Mainly they are from neighbouring villages but some are
further afield. Jonathan Frogget comes from Wosper in Yorkshire
in 1709, Nearer here, in as late as 1823, Robert Thurrill , his
wife Elizabeth, and daughter Eliza, aged 9, are removed from
Keadby to Flixborough. People would be sent back to their place
of settlement by means of a removal order, which the
Churchwardens of the parish would have to accept. One such order
reads, ‘Alice alias Rachel, the wife of Thomas Jaques, and
Elizabeth her daughter aged thirteen years and 2 months, Harriot
her daughter, aged ten years, William her son, aged eight years,
Benjamin her son, aged five years, and Hannah her daughter aged
five weeks, have come to inhabit the said parish of Aithorpe not
having gained a legal settlement there or produced any
certificate owning them to be settled elsewhere We the said
Justices upon due proof made thereof well upon Examination... do
adjudge the same to be true and do likewise adjudge that the
lawful settlement of them is the said Parish of Haxey. We do
therefore require you, the said Churchwardens of Althorpe and
the Overseer of the Poor, to convey the said Alice alias Rachel
etc. from and out of the said parish of Althorpe to the said
parish of Haxey and deliver them to the Churchwardens and the
Overseer of the Poor there.
If there were a
dispute over a settlement the Churchwardens of both parishes
would attempt to sort it out. If they could not agree the matter
would be referred to the Justices at the Quarter Sessions. An
Examination would take place, witnesses would be called and a
decision made binding on all parties, though an appeal could be
made. One such case is
A settlement
examination of Maria Jackson of Haxey in 1816.
The
EXAIVIINATION of Sarah Wells before Gervais Tottenham Wolde
Sibsthorpe Esq. & Charles McQuarie, George Jervis, Clark.
I am 74 years
of age. About 17 years ago I entered into an agreement with the
Overseer of the Poor of the Parish of Haxey aforesaid to keep
the Workhouse of the said Haxey and to maintain the paupers
there at a certain price per head. The pauper Maria Jackson now
present and her twin brother Robert Jackson were inmates of the
Workhouse at the time I made the agreement. I always understood
and believed they were born there and were the illegitimate
children of Maria Jackson. I have been told this by paupers now
dead who resided in the Workhouse at the time the pauper Maria
Jackson, now present, and her brother Robert Jackson were born
there. The overseers of the Poor of the said Parish of Haxey
paid me for the maintenance of Maria Jackson and her brother for
several years while they were resident in the said Workhouse.
The EXAMINATION
of Maria Jackson.
I am 25 years
of age. My first place of residence that I have any recollection
of was the Workhouse at Haxey. I have always understood that I
was a bastard and my mother whose name was Maria Jackson never
married. My mother is now dead. I have never been able to gain a
settlement in my own right. I am now residing in the Union
Workhouse chargeable to the Parish of Saxilby, residing there
since the beginning of January last. At the time I went to the
Workhouse I was an inhabitant of the Parish of Saxilby.
The EXAMINATION
of Richard Haywood.
I was Uncle to
Maria Jackson who was the mother of Maria Jackson. I remember
Maria Jackson the mother, being a pauper in the Workhouse at
Haxey. I know Maria Jackson and Robert Jackson were born in
Haxey but whether at the Workhouse or not I cannot say. Maria
Jackson and Robert Jackson were brought up in the Parish of
Haxey. Maria Jackson the mother of Maria Jackson never married
and has been dead some years.
The EXAMINATION
of Hannah wife of Robert Jackson of Westwoodside.
I am 25 years
of age, the wife of Robert Jackson of Westwoodside who was the
brother of the pauper Maria Jackson. I remember Maria Jackson
and the mother being paupers in the Workhouse in the Parish of
Haxey. Their mother who never married has been dead for some
years.
While at
Lincoln Archives on Friday looking for examples of Poor Law
legislation for you I came by chance on a removal order that
interested me personally. I belong to a Society where the
members specialise in a particular surname and I specialise in
my maiden name Elam. I found a removal order for Ruth Elam from
Hornchurch to Crowland. I know of her as Ruth Cave who had
married a Peter Elam in Crowland. Here she was being removed as
a Rogue and Vagabond from Hornchurch in the Parish of Havering,
Essex to Crowland in Lincolnshire. The original Settlement
Examination and Removal Order showed which way she had travelled
and I would like to read it to you. The strange thing is that my
younger daughter Judith married a man from the Parish of
Havering and they live with their children in Hornchurch, Essex.
She moved from Lincolnshire to Hornchurch and poor Ruth moved
from Homchurch to Lincolnshire.
Orphaned or
abandoned children left in the care of the parish had to be
supported by it. An entry in the Quarter Sessions in 1742 is
about Richard Pashley of East Lound, who refused to maintain and
provide for his son Moses Pashley, aged 6 years. He was ordered
to pay 2 shillings to the Overseer of the Poor at Haxey for his
maintenance. The law allowed the Churchwardens and the Overseer
to the Poor with the consent of two J.P’s. to apprentice any
child under 16 and maintain them, the boys until the age of 21
and the girls until the age of 21 or their marriage. Because of
early abuses of the system indentures were introduced and
remained until 1757. After that stamped papers became standard.
Many apprenticeships were merely written in a parish document.
In 1824 in Frodingham, William Jarman aged 14 of Crosby is
apprenticed to Thomas Bainton of Luddington, brick maker. A
Haxey entry says that in August 1729, John Raymond of Newbigg
entered into an agreement with the Churchwardens and the
Overseer to the Poor to maintain John Curtis an orphan. John had
been left ‘a small estate by his father, and the parishioners
not wanting him to be bound a Poor Apprentice’, it appears that
John was taken on by John Raymond in exchange for ‘the estate.’
Haxey Charity distribution also provided him with ‘linnens
,(sic) and woollens’ and the Overseer to the Poor was to give
him ‘what he is in need of with a tree place at the school ‘til
(sic) he can read and write to the approbation of the Minister,
and cared for till he is 14 years of age’.
This system of
social relief with adjustments bumbled on until the late 1700’s
and early 1800’s, but great changes were upon the land.
Enclosures and industrialisation had changed the face of England
forever. Labourers who had been just above the poverty line as
long as they could graze animals on the village commons fell
below it when the commons disappeared through enclosures. Some
rich farmers and landowners grew richer by buying up allotments.
There was a great influx of those who had lost or sold their
lands into the towns where worse conditions often awaited them.
An opponent of Enclosure wrote. ‘The law is harsh on those poor
villeins, who steal the goose from off the Commons, but turns
the
greater villain
loose, who steals the Commons off the goose’. The war with
America had had an effect with returning unemployed soldiers,
many who roamed the country in search of work, and there was
always the threat to those in authority that a similar
revolution to the French Revolution might take place here. This
frightened those in power and they attempted several remedies,
In an effort to
control prices the Speenhamland system was introduced called
after the parish of Speenhamland where it had been tried
successfully. In Parliament a bill to set a minimum wage for
labourers had been defeated. Instead the farmers had to increase
pay in proportion to the price of provisions. Under Speenhamland
it was estimated that a labourer could exist on three gallon
loaves a week and his wife and children one and a half-gallon
loaves a week. The amount set was that when a gallon loaf, which
weighed 8 lbs., cost 1 shilling, the labourer would receive 3
shillings weekly for his labour, or from the Poor Rate, with one
shilling and six pence for his wife and family. Fit, out of work
men had always been sent out to work by the Overseer to the
Poor. Initially the number of poor rose as many suddenly became
‘unable to work’ relying on the Parish to support them. ‘Nothing
changes! There are always some who will try to beat the system.
As the high prices which had been occasioned by the war
disappeared, the economic state of the country worsened. In 1816
there was a cold summer and a meagre harvest, and the price of
corn rose above the price of meat. In 1817 the set wage for a
labourer could only buy a one and three-eighth loaf and a woman
a one and a tenth loaf per week. The Speenhamland sytem which
had been set up with the laudable intent to help the poor had
become its enemy. From every side appeals went out to ‘repeal
the Corn Law’.
Riots broke out
throughout the country, rioters demanding reductions on the
price of bread. More and more people became paupers, leaving
less and less people to pay the Poor Rate, and those that were
paying it complained about the steep rise they had to pay. The
new paid Overseers judged the Poor very harshly in an attempted
to keep the Poor Rate down. There was a great increase in crime
and draconian punishments were introduced, for stealing, ‘may as
well be hung for a sheep as a lamb’ smuggling, poaching, and
other crimes caused by poverty.
It was obvious
that reform was needed. The whole edifice of the poor law care
which had grownup in the proceeding centuries was in a state of
collapse. The Reform Act: of 1834 removed the care of the poor
from the parish and other measures such as the Union Workhouses
were brought in on a national scale. Gradually the Parish, the
Vestry, The Churchwardens and the Vicar lost all their
administrative powers and local government replaced them. Things
did not improve in England until the repeal of the Corn Laws,
which had kept the price of wheat artificially high. Until the
1840’s the times were still grim for the poor people of Haxey,
Frodingham and everywhere.
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