The next statute on the subject, which was passed in 1572 (14 Eliz. c. 5), shows how ineffectual the former statutes had been. It enacted that all rogues, vaga bonds, and sturdy beggars, including in this description "all persons whole and mighty in body, able to labour, not having land or master, nor using any lawful merchandise, craft, or mystery, and all common labourers, able in body, loiter ing and refusing to work for such rea sonable wage as is commonly given," should " for the first offence be grievously whipped, and burned through the gristle of the rigtt ear with a hot iron of the compass ofn inch about ;" for the second, should be deemed felons ; and for the third, should suffer death as felons, without benefit of clergy. For the relief and susteutation of the aged and impotent poor, the justices of the peace within their several districts were "by their good dis cretion" to tax and assess all the inha bitants dwelling therein. Any one re fusing to contribute was to be imprisoned until he should comply with the assess ment. By the statutes 39 of Elizabeth, c. 3 and 4 (1598), every able-bodied person refusing to work for the ordinary wages was to be " openly whipped until his body be bloody, and forthwith sent, from parish to parish, the most strait way to the parish where he was born, there to put himself to labour as a true subject ought to do." The next act on this subject, the 43 Elizabeth, c. 2, has been in operation from the time of its enactment, in 1601, to the present day. A change in the mode of administration was however effected by the Poor Law Amendment & 5 Win. IV. c. 76), which was in 1834. During that long period many abuses crept into the administration of the laws relating to the poor, so that in practice their operation impaired the character of the most numerous class, and was injurious to the whole country. In its original provisions the act of Elizabeth directed the overseers of the poor in every parish to " take order for setting to work the children of all such parents as shall not be thought able to maintain their children," as well as all such per sons as, having no means to maintain them, use no ordinary trade to get their living by. For this purpose they were empowered "to raise, weekly or other wise, by taxation of every inhabitant, parson, vicar, and other, and of every occupier of lands, houses, tithes, mines, &c., such sums of money as they shall require for providing a sufficient stock of flax, hemp, wool, and other ware or staff, to set the poor on work, and also competent sums for relief of lame, blind, old, and impotent persons, and for putting out children as apprentices." Power was given to justices to send to the house of correction or common gaol all persons who would not work. The churchwar dens and overseers were further em powered to build poorhouses, at the charge of the parish, for the reception of the impotent poor only. The justices were further empowered to assess all persons of sufficient ability, for the relief and maintenance of their children, grand children, and parents. The parish of ficers were also empowered to bind as apprentices any children who should be chargeable to the parish.
These simple provisions were in course of time greatly perverted, and many abuses were introduced into the admi nistration of the law. The most mis chievous practice was that which was esta blished by the Justices for the county of Berks in the month of May, 1795, when, in order to meet the wants of the labour ing population caused by the high price of provisions, an allowance in proportion to the number of his family was made out of the parish fund to every labourer who applied for relief. This allowance fluctuated with the price of the gallon loaf of second flour, and the scale was so adjusted as to return to each family the sum which a given number of loaves would cost beyond the price in years of ordinary abundance. This plan was conceived in
a spirit of benevolence, but the readiness with which it was adopted in all parts of England clearly shows the general want of sound views on the subject. Under the allowance system the labourer re ceived a part of his means of subsistence in the form of a parish gift, and as the fund out of which it was provided was raised from the contributions of those who did not employ labourers, as well as of those who did, their employers, being able in part to burthen others with the payment for their labour, had a direct interest in perpetuating the system. Those who employed labourers looked upon the parish contribution as part of the fund out of which they were to be paid, and accordingly they lowered their rate of wages. The labourers also looked on the parish fund as a source of wages, independent of their labour wages. The consequence was that the labourer looked to the parish aid as a matter of right, without any regard to his real wants, and he received the wages of his labour as only one and a secondary source of the means of subsistence. His character as a labourer became of less value, and his value as a labourer was thus diminished under the combined operation of these two causes. In 1832 a commission was appointed by the crown, under whose di rection inquiries were made through Eng land and Wales, and the actual condition of the labouring class in every parish was ascertained with the view of showing the evils of the existing practice, and of sug gesting some remedy. The labour of this inquiry was great, but in a short time a Report was presented by the commis sioners, which explained the operation of the law as administered, with its effects upon different classes, and suggested re medial measures. This Report was pre sented in February, 1834, and was fol lowed by the passing, in August, 1834, of the Poor Law Amendment Act, 4 & 5 Wm. IV. c. 76, in which the principal re commendations of the commissioners were embodied. This Act was amended by the 7 & 8 Vict. c. 101 (9th August, 1844). The chief provisions of this law are —the appointment of a central board of three commissioners, whose quarters were in Somerset House, London, for the general superintendence and control of all bodies charged with the manage ment of funds for the relief of the poor. There were nine assistant-commissioners, each one of whom had a district : assistant oommissioners had to visit their districts and see that the orders of the commission ers were executed. The assistant poor law commissioners were appointed by and removable by the commissioners. The whole administration of the Poor Law is under the direction of the secretary of state for the home department. Theadmi nistration of relief to the poor was under the control of the commissioners, who made rules and regulations for the pur pose,which were binding upon all the local bodies. They were empowered to order workhouses to be built, hired, altered, or enlarged, with the consent of the majority of a board of guardians. They had the power of uniting several parishes for the purposes of a more effective and econo mical administration of poor relief, but so that the actual charge in respect to its own poor be defrayed by each parish. These united parishes, or Unions, are n by boards of guardians annually el the rate-payers of the various parishes, but the masters of workhouses and other paid officers are under the orders of the commissioners, and removable by them. The system of paying wages partly out of poor-rates is discontinued, and ex cept in extraordinary cases, as to which the commissioners are the judges, relief is only to be given to able-bodied persons or to their families within the walls of the workhouse. Another branch of the poor law, which was materially altered by the act of 1834, was that relating to illegiti mate children, which is explained under Berrearer.