A history of the Irish poor law, in connexion with the condition of the people. Sir George Nicholls
porters or messengers within the city or suburbs or seven miles thereof—on conditions and at rates of charge prescribed in the Act; and also to charge and receive 6d. in the pound on the yearly rent of all houses within the city and liberties, or within two Irish miles of Dublin Castle, as the same is returned for the minister’s money, or if not so returned, on the rents payable by tenants in possession. And whenever the number of children causes the expense to exceed the revenue provided by the Act, the governors are to cause notice thereof to be inserted in the Dublin Gazette, after which no child is to be again received until notice to that effect be in like manner given.
On comparing this with the original Act of 1703, and with the Cork Act of 1735, it will be seen that the chief difference is the entire separation of the vagabond or culpable class from the foundling children which is now directed, and the reason for which is distinctly stated. This was doubtless an advantage, and it led to so many other improvements in the care and management of the children, that the numbers deserted and pressed upon the institution went on continually increasing, and soon became excessive. It is indeed complained of in the present Act, before the separation it directs was carried into full effect, and the influence we are told even extended beyond the limits of Ireland. To provide for the additional charges thus arising, the area of the house-tax was extended, and its rate increased from 3d. to 6d. in the pound. No change is made in the charge for licensing carriages, but the number to be licensed was increased, hackney coaches from 150 to 300, and sedan-chairs from 80 to 400, which may be taken as proof of the increasing wealth and population of Dublin, if not of the country generally. This Act was repeatedly amended; and even in the following year, on the ground that “the number of children of the age of six years and under, have of late years increased so far beyond the expectation of the governors,” it is directed by the 13th and 14th George 3rd, cap. 17, that children of three years old and upwards are not to be received, and that the house-tax be raised from 6d. to 10d. in the pound for two years, on houses of 10l. rental and upwards.
1772–74.
11 and 12 George III. cap. 15.
13 and 14 George III. cap. 24.
Nothing further need at present be said with respect to the above statute. But two other Acts were subsequently passed, one in the same year, and the other in the year following which require to be noticed.—The first is The 11th and 12th George 3rd, cap. 15, ‘for the relief of poor infants who are or shall be deserted by their parents’—the other is The 13th and 14th George 3rd, cap. 24, for amending the same. The first-named Act commences with this recital—“Whereas poor infants are frequently deserted by their parents, and left exposed to the inclemency of the weather in the streets and other places in cities; and whereas the inhabitants of several parishes in which children are so exposed refuse to raise money for the support of such children, by which many of them perish”—it is therefore enacted, that in every parish of every city (excepting Dublin and Cork) a vestry shall be held in the first week of June annually, at which three overseers are to be chosen, who shall take up and provide for the maintenance and education of all such children as shall be so deserted and exposed within their respective parishes. The sum of 5l. is allowed for the bringing up of each child, and the entire expense is to be equally borne by the inhabitants of the cities respectively. The overseers are to collect the sums assessed upon each inhabitant, and apply the money so collected to the maintenance and education of such deserted children within their respective parishes. This provision is, we see, limited to cities; but the other Act (13th and 14th George 3rd, cap. 24) makes the provision general throughout the country. After citing the former Act, it directs—“that in every parish in this kingdom (except in the cities of Dublin and Cork for which particular provision is made) a vestry shall be held annually, at such time and with such powers as the former Act prescribes;” and the overseers in such parishes are to “take up and provide for the maintenance and education of all such children as shall be deserted and exposed within their respective parishes at the age of twelve months or under;” and such sums of money as shall be necessary for the purpose, are to be “raised upon the respective parishes in the same manner and with such remedies as other parish cesses.” If any parish refuses or neglects to raise the amount necessary, the next going judge of assize, upon complaint of the minister or curate thereof, may order such sum to be raised as he shall think fit, “so as the same do not exceed the sum of 5l. for each child;” and the money so directed to be raised is to be assessed and levied in the manner and with the like remedies as the presentments of grand juries, and is to be paid to the minister or curate of such parish, and by him applied to the purposes of the Act.
These Acts, taken together, make provision for the support of exposed and deserted children of tender age in every parish in Ireland, by means of a compulsory assessment upon the inhabitants. This amounts in fact to a limited relief of the poor, or a restricted kind of poor-law, the children being in almost every instance the offspring of parents too poor to rear and maintain them, whence (as was the case in England) the parish of necessity becomes responsible for the performance of these duties, and stands in loco parentis. After thus legislating for one class of the destitute, and recognising the principle of compulsory assessment, it seems remarkable that nothing further should be done in the way of establishing a regular system of relief for the destitute of every class, especially as vestries were now being organised, and overseers appointed in all the parishes of Ireland. Perhaps an Act passed about the same time, and to which we will now turn, may serve to explain this omission, as it attempts to effect the object circuitously and by indirect means, instead of openly charging property for the relief of destitution.
1771–2.
11 and 12 George III. cap. 30.
The 11th and 12th George 3rd, cap. 30, is entitled ‘An Act for Badging such Poor as shall be found unable to support themselves by labour, and otherwise providing for them, and for restraining such as shall be found able to support themselves by labour or industry from begging.’ It commences as follows—“Whereas strolling beggars are very numerous in this kingdom, and whereas it is equally necessary to give countenance and assistance to those poor who shall be found disabled by old age or infirmities to earn their living, as to restrain and punish those who may be able to support themselves by labour or industry, and yet may choose to live in idleness by begging; and it is just to call upon the humane and affluent to contribute to the support of real objects of charity; and whereas those purposes may be better effected by one law, than by many laws tending to the same purpose”—it is enacted that the 33rd Henry 8th, cap. 15,[23] and the 10th and 11th Charles 1st, cap. 4,[23] be repealed.
The Act then proceeds—“And whereas the good purposes intended by this Act are most likely to be promoted by creating corporations in every county at large, and in every county of a city or town in this kingdom, |Corporations to be established in every county.|who may execute the powers and trusts hereinafter expressed”—it is enacted that such corporations be established accordingly, consisting in counties of the archbishop or bishop, the county members, and the justices of peace; and in counties of a city or town, of the chief magistrate, sheriffs, recorder, members of parliament and justices of peace. Every such corporation is to be called “The President and Assistants instituted for the relief of the Poor, and for punishing Vagabonds and Sturdy Beggars,” of the county, city, or town, as the case may be; and is to have a common seal, and to hold meetings at which the bishop when present is to preside, and to make by-laws and appoint standing committees, and is likewise empowered to elect such other persons as shall be thought fit, including those who contribute any sum not less than 20l., or subscribe annually not less than 3l., to the charitable purposes of the corporation, to be members thereof respectively. The corporations are authorised to accept donations, and to take or purchase lands and tenements not exceeding 500l. annual value, and to hold leases for terms not exceeding 21 years, and may also take by grant or devise any quantity of land in a city or town not exceeding two roods, and in the open country not exceeding twenty acres, “for the sites of houses to be built for the reception of the helpless poor, and for keeping in restraint sturdy beggars and vagabonds.”
The poor to be badged and licensed to beg.
The corporations, constituted as above, are empowered to grant badges to such of the helpless poor as have resided one