Great Britain. Royal Commission on Poor Laws and Relief of Distress; Poor -- Great Britain; Poor laws -- Great Britain
With circulars so-called we include all explanatory or instructional
communications to local authorities or to the officers of central or
local authorities, or to Parliament. These, though embodying the policy
of the Central Authority, had not the force of law. Moreover, as they
were issued for particular emergencies, and were never withdrawn or
expressly abrogated, _they_--unlike any unrepealed orders--_must not be
considered as necessarily laying down general policy for all time_.
Subject to consideration of this limitation, we propose to include the
circulars, letters, etc., along with the general and special orders, in
our analysis of the policy laid down for each of the several classes of
destitute persons.
_A._--_The Able-Bodied_
(i.) _On Outdoor Relief_
The ambiguity that existed, alike in the Report and in the Act of 1834,
as to the meaning intended to be given to the term "the able-bodied"
was, to a large extent, reflected in those documents of the Central
Authority which expounded its policy with regard to the kind and
conditions of relief to be given to this class. Once more there is no
definition of the term able-bodied, which is used sometimes as an
adjective and sometimes as a substantive. From the context it must be
inferred, as we shall presently show, that the term is used in different
senses in the orders relating respectively to outdoor relief and to the
management of the workhouse. What proved in the event more inimical to
the principle of National Uniformity was the fact that in the orders
relating to outdoor relief to the able-bodied, there was no consistency
as to whether any class of women was or was not to be included among the
able-bodied. There are, as we shall presently describe, two distinct
streams of regulations affecting outdoor relief to the able-bodied, one
permitting such relief under conditions, culminating in the Outdoor
Relief Regulation Order of 14th December, 1852 (still in force), and the
other prohibiting it subject to exceptions, culminating in the Outdoor
Relief Prohibitory Order of 21st December, 1844 (still in force). In the
former series of regulations, beginning with the first orders issued in
the autumn of 1834 to particular unions, the term "able-bodied" is
_expressly qualified by the adjective "male"_ ("able-bodied male
persons").[94] In the other series, beginning in 1836 with the
Consolidated Order for the Administration of Relief in Town Unions, the
category of the "able-bodied," _if we are to go by the actual wording of
the orders_, clearly comprises both sexes; at first by excepting widows
only from a universal rule, and presently by specifically including
"every able-bodied" person, "_male or female_."[95] That this differing
interpretation of the category of the "able-bodied and their families"
was actually intended by the Central Authority in 1840, and 1844, and
that it was not merely accidental, is shown by cases in which it was
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