Great Britain. Royal Commission on Poor Laws and Relief of Distress; Poor -- Great Britain; Poor laws -- Great Britain
As in the Report of 1834, so in the Act of 1834, women do not appear as
a class. It is assumed that married women follow their husbands, either
with regard to the continuance of outdoor relief to the aged, the
impotent and the sick; or with regard to its regulation or prohibition
in the case of the able-bodied.
It is, as we have shown, difficult to infer that the term "able-bodied"
was meant to include any but persons ordinarily in employment at wages,
or capable of such employment. Whether or not Parliament had in
contemplation under this term even the adult independent woman without
encumbrances seems to us doubtful. It is practically clear that the term
was not intended by Parliament to apply to the widow, however
able-bodied in the ordinary sense, nor to the deserted wife, the wife of
the absentee sailor or soldier, or the wife of a husband resident in
another parish or another country, _if any of these were encumbered with
young children_, and so did not fall under the class of persons actually
or potentially in employment at wages, cited in the preamble to the
section dealing with the able-bodied.[53] If this is so, we can only
infer from the Act, as from the Report, that no change in practice was
then suggested. With regard to such women, at least, the discretion of
the Central Authority in its "direction and control" of poor relief, and
its "management of the poor," and its power to make rules "for the
guidance and control of" the local authority "so far as relates to the
management or relief of the poor," was unfettered.[54]
[53] 4 & 5 William IV. c. 76, sec. 52.
[54] _Ibid._ sec. 15.
The fact that widows were not considered by Parliament to be included
within the term "able-bodied persons and their families" may further be
inferred from a section in the 1844 Act. This provided that the wife of
a husband either (_a_) beyond the seas, (_b_) in the custody of the law,
or (_c_) confined as a lunatic or idiot, should, notwithstanding her
coverture, be treated for purposes of relief, _as if she were a
widow_.[55] This implies that a widow was not regarded as subject to the
conditions of relief to "able-bodied persons and their families."
[55] 7 & 8 Vic. c. 101, sec. 25.
It may be noted that relief to the child under sixteen of a widow was to
be deemed relief to the mother;[56] and relief to an illegitimate child
under sixteen was to be deemed relief to the mother so long as she
remained unmarried or a widow.[57] Another section of the 1844 Act
allowed a widow having a legitimate child dependent on her, and no
illegitimate children, who at her husband's death was residing with him
in a place where she had no settlement, to be granted non-resident
relief.[58]
[56] 4 & 5 William IV. c. 76, sec. 56.
[57] _Ibid._ sec. 71.
[58] 7 & 8 Vic. c. 101, sec. 26.
_E._--_Children_
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