A history of the Irish poor law, in connexion with the condition of the people. Sir George Nicholls
with a licence to beg within such limits for such time as may be thought fit; and are also empowered to appoint certain of the justices to grant badges and licences likewise—“specifying the names and places of birth and the character of the persons so licensed, and the causes as nearly as may be collected of their poverty, and whether reduced to that state by sickness or misfortune.”
Houses of industry or workhouses to be provided.
The said corporation are moreover required as soon as they possess sufficient funds, to build hospitals to be called workhouses or houses of industry for the relief of the poor in their respective counties, “as plain, as durable, and at as moderate expense as may be;” which hospitals are to be divided into four parts, one for such poor helpless men, and one other for such poor helpless women as shall be judged worthy of admission, a third for the reception of men able to labour and committed as vagabonds or sturdy beggars, and the fourth for idle strolling and disorderly women committed to the hospital and found fit for labour.
Persons begging without a licence to be apprehended.
Every man above the age of fifteen found begging without a licence, and not wearing a badge, is to be committed to the stocks for any time not exceeding three hours for the first offence, and six hours for every subsequent offence; and old persevering offenders may be indicted at the sessions, and if convicted are to suffer imprisonment not exceeding two months; after which if they again offend they may be publicly whipped, and be again imprisoned for four months, and so on continually for every subsequent offence. Every female found begging without a licence and badge, may be confined in any place appointed for that purpose, not exceeding three hours for the first offence, and for every subsequent offence not exceeding six hours; and every old and persevering offender is, as in the case of the men, to be proceeded against at the sessions; and in order that these directions may be carried into effect, the corporations are empowered to appoint “such and so many persons as they shall think fit, at reasonable salaries, to seize and arrest all such persons whom they shall find begging without such licence and badge, and carry them before the next justice, who may commit the party to the stocks or otherwise as aforesaid.” Justices are moreover empowered on their own view, to cause such persons to be seized and dealt with as is above directed for every first and subsequent offence.
Poor children to be provided for.
Whenever a poor person deemed worthy of having a licence to beg, has one or more children under the age of ten years not apprenticed or otherwise provided for, the age and number of such children are to be inserted in the licence by the person applied to in such case, or he may “at his or their election take such and so many of them as he or they shall think fit from the parent, and convey such child or children to the committee of that county, city or town, and insert the names of the rest in the parents’ licence.” If any fatherless or deserted poor children under eight years of age are found strolling and begging, they are to be conveyed to the committee of the particular county city or town, to be placed in such charter school nursery as will receive them when under eight, and the rest are to be apprenticed. The committees are required to keep up a correspondence with the Protestant Charter Schools Society,[24] that they may be informed from time to time when there is accommodation for poor children, in order “that all poor children may as much as possible be prevented from strolling, and may be put to trades or to industry.”
Strolling vagabonds to be seized and committed.
As soon as the houses of industry are provided and furnished for the purpose, the corporations are to place therein so many vagrants sturdy beggars and vagabonds, and so many helpless poor as their funds admit of; “and they are authorised and required to seize every strolling vagrant capable of labour who hath no place of abode, and who doth not live by his or her labour or industry, and every person above the age of fifteen who shall beg publicly without a licence or badge, and every strolling prostitute capable of labour, and to commit the said persons to the divisions allotted for them respectively in the said houses, and there to keep them to hard labour, and compel them to work, maintaining them properly,” and inflicting reasonable punishment when necessary, for the periods named in the Act, varying from two months to four years.
Money to be provided by grand-jury presentments.
“In order to furnish some revenues for the said corporations at the outset,” the grand juries are required to present annually at every spring assizes in every county of a city or town, to be raised off the lands and houses equally and rateably, any sum not less than 100l. nor more than 200l., and in every county at large any sum not less than 200l. nor more than 400l., to be assessed and collected as other county taxes are, and paid to the corporations respectively, without fee or deduction whatever, for the charitable purposes of the Act. All rectors vicars and incumbents of parishes are likewise required to permit such clergymen as the respective corporations may appoint, to preach sermons in their churches annually, and to permit collections to be made for the objects contemplated by the Act.
Recapitulation.
We here see that provision has been made, partly by compulsory assessment, partly by voluntary contributions, and through the instrumentality of corporations specially appointed—for the badging and licensing of the poor to beg—for providing hospitals workhouses or houses of industry in every county at large and county of a city or town—for separately confining therein able-bodied vagabonds and disorderly women who are to be kept to hard labour—and for the maintenance therein of poor helpless men and women. Authority is likewise given to seize any one found begging without a badge or licence, and to send such as are above fifteen to the house of industry for punishment, whilst the children are to be placed at school or put out to trade or service. And finally, persons are appointed at reasonable salaries to carry these enactments against unlicensed begging into effect.
In this Act therefore we have stringent provisions against mendicancy, coupled with a conditional permission for practising it. The deserving poor are permitted to beg, or if helpless are maintained; the undeserving poor if they beg are punished: but the distinction between the two is not defined, neither is it perhaps possible so to define it as to guard against continual deception and fraud. The punishment of vagrancy in every shape prescribed by this Act, accords with what we find in all the earlier Scottish and English statutes, and if due provision were at the same time made for relieving the destitute poor, this would be open to little objection; but the relief of poverty is here proposed to be effected chiefly by means of an organised system of begging, the helpless poor for whom provision is made in the houses of industry, being evidently those only who are too infirm to travel about for that purpose. By thus combining two objects of an opposite nature, it is evident neither will be accomplished—vagrancy will not be put down, and poverty will not be relieved. The providing for the establishment of corporations in every county, with powers to erect hospitals, houses of industry, or workhouses, and to tax the property of the country for such purpose, was no doubt an important advance in the legislation with regard to the poor; but like many other Irish enactments the present does not appear to have been carried into effect, except in a very few instances; and as a general measure the Act may be said to have been inoperative. It possessed however so much of a general character, and seemed to hold out such a promise of efficiency by consolidating the provisions of former Acts, that it was for a time relied upon, and upwards of half a century elapsed before anything further was attempted for the relief of the poor in Ireland.
The foregoing is the last of the Acts of the Irish parliament which we shall have occasion to notice, and when the Union took place in 1800, the Imperial legislation superseded that which had been local.
On here closing the last volume of Irish statutes, it may be convenient to give a short statement of the nature and extent of the previous legislation connected with our subject. Houses of industry and foundling hospitals, supported partly by public rates, and partly by voluntary contributions, were we have seen established at Dublin and Cork, for the reception and bringing up of exposed and deserted children, and the confinement of vagrants—free schools were directed to be maintained in every diocese, for educating the children of the poor—parishes were required to support the children exposed and deserted within their limits, and vestries were organised and overseers appointed to attend to this duty—hospitals, houses of industry