ASPECTS OF CIVIL ADMINISTRATION AND SOCIAL DEVELOPMENT IN
NINETEENTH CENTURY KNOTTINGLEY
By Dr. TERRY SPENCER B.A. (HONS), Ph D.
Preliminary Draft May 2005
CHAPTER FIVE
CLAIMANTS & PAYMENTS
A pauper seeking relief at a parish other than that to which he
belonged was closely examined as to his parish of origin and was
expected to produce a certificate of settlement showing that the
‘native’ parish was responsible for the cost of any relief granted.
Despite the fact that Knottingley as an important river port
experienced a greater degree of socio-economic mobility than that of
most inland townships, there are indications that applications for
relief were dealt with in a somewhat casual way. The emphasis seems to
have been on an oral examination with the outcome decided at the
discretion of the Overseer.
There is evidence that the Select Vestry attempted to regularise the
application procedure for in October 1841 it was resolved, "...that
every application for Relief be taken down in writing and the Relieving
Officer be ordered to go round the Town and produce in writing before
the Board an exact account of the circumstances of parties and relief
given in each case accordingly." (1)
Thereafter there are references to several applicants "having a
form sent" in order that the Select Vestry Committee had a formal
record of every applicant’s circumstances, although given the high level
of illiteracy amongst the poor in that era one wonders about the utility
of such a procedure. (2) The recourse to bureaucracy was an inevitable
consequence of a whole series of developments from the closing decade of
the eighteenth century. Contemporaneously with population growth was an
increase in food prices from 1795 due to the effect of the Napoleonic
Wars. Simultaneously, the rise of industrialisation and the application
of mechanisation to agriculture and the erosion of domestic industry
resulted in a fall in the provision of board and lodging as a staple
rural of employment. (3) In addition, the widespread enclosure of common
land robbed the poor of subsistence rights based upon customary
observance from feudal times. (4) The combined effect was to create a
mass of independent workers seeking hire for day wages in lessez faire
conditions. The situation was further exacerbated with the conclusion of
the Continental war which increased the number of unemployed as soldiers
were discharged into the labour market, pushing down wages below
subsistence level. In addition, these developments coincided with a
period of good seasons and bountiful harvests reducing prices and wages.
(5)
The removal of elements of economic stability from the poorer
labourers naturally increased the number of applicants for poor relief.
(6) Such was particularly the case at Knottingley where occupations
based upon maritime activity, limestone excavation and agriculture, were
subject to the effects of climatic conditions causing temporary as well
as long term unemployment. In addition the 1795 amendments to the Act of
Settlement, by producing a greater social mobility, were a factor in the
increase in the number of residents at Knottingley thereby creating
greater demand for Poor Law relief, particularly at times of cyclical
depression.
The Poor Law Act of 1834 with its centralised supervision and
bureaucratic administration was doubtless a factor which influenced the
process of regularisation at Knottingley and by 1841 standardised forms
had been introduced. Summoning claimants before the Vestry for case
reviews had become increasingly common (7) with the threat of parish
relief being stopped to enforce compliance. (8) An example of coercion
by the Committee is shown by the decision of April 1852 that,
"Widow Travis’ pay be suspended until she give up letters from her
son." (9)
The Select Vestry met at 10.00am each Tuesday and sat for one hour to
hear applicants, no application being considered after 11 o’clock. (10)
Furthermore, applicants had to attend personally for it was specified,
"That if a man’s wife attend the Vestry for relief she shall not be
attended to except her husband come himself for it", (11) though
whether the decision was to crush hubris or prevent moonlighting is
uncertain.
Following an application the relieving officer was despatched to the
residence of the claimant in order to examine the domestic environment
and ascertain the circumstances and degree of an applicant’s poverty.
Hence,
"Betty Colley be visited by the Overseers", and again,
"The Overseers visit William Howram’s wife in the Buck [Inn] Yard."
(12)
The nature and extent of any relief recommended was calculated
somewhat subjectively by the Overseers and usually approved
unquestioningly by the Vestrymen.
"Joseph Wright’s case be inquired into by Mr. Smith with reference
to what relief he ought to have – aged 79 years." (13)
The basis of eligibility and degree of need was largely based upon the
Overseers’ personal knowledge of claimants and served adequately as far
as the local inhabitants of a small parish were concerned. A more
diverse element was to be found at Knottingley, however, in the form of
transient labourers drawn to the town from widely dispersed locations
and equally, natives of the township ‘exiled’ in alien parishes through
involvement with the maritime trade.
Under the terms of the 1662 Act of Settlement newcomers to any parish
were afforded the theoretical right of settlement and by implication,
poor relief. A further act of 1697 enabled parish officers to issue a
certificate which confirmed that a named family desirous of moving to a
new location was recognised as being a legal charge on the ‘home’ parish
in the event of becoming recipients of poor relief, which would
reimburse money expended upon a migrant family by an ‘adoptive’ parish.
By the advent of the nineteenth century the basis of settlement in a
new parish was birth, marriage or apprenticeship (and later,
inheritance). In theory, newcomers enjoyed 40 days of unchallenged
residence in their new settlement before any challenge was raised to
their right of residence. In practice the right of settlement was
usually challenged within the 40 day period by parish officers anxious
to minimise any potential claimants for parish relief. A challenge by
overseers within the 40 day qualifying period had to be presented for
the approval of the local justices. The ‘incomers’ were then required to
show that they were possessed of property with an annual rental value of
£10 or face the prospect of repatriation to their home parish. As the
average rental value of a cottage in the early nineteenth century was
about 50 shillings a year, most newcomers were candidates for removal.
(14)
Upon settlement or receipt of an application for poor relief,
overseers began enquiries concerning the bona fides of the applicant.
Thus, in August 1841, we find that,
"Enquiry be made respecting Thos. Stanhope’s settlement." (15)
Initially, when documentary proof of settlement right was not
immediately available, an oath was required. Hence, the month following,
"John Martin be sworn to his settlement." (16)
In cases in which there was a local connection the oral testimony of a
third party was invoked,
"Henry Tranmore’s Grandmother respecting his settlement be seen."
(17)
When claimants from more distant parishes were involved it was
necessary to contact the overseers of the parish of origin, usually by
letter. In September 1843, for instance, it was recorded,
"That the Overseers be written to respecting Ellen Jones of Leeds"
(18), and again, in November 1849, "That the Overseer write Greenwick
(sic) respecting Geo. Thompson." (19)
Where parish relief was granted to a settler the relieving parish was
reimbursed by the parish of origin.
"Widow Wainwright of Temple Hirst be paid 4 shillings weekly for
the future", and that
"Widow Copley of Bradford have 2s per week"
are typical examples of the Knottingley Vestry acting as surrogate.
Likewise,
"The order of Leeds Workhouse that Robert Jones have 1s additional
for one month is confirmed." (20)
Similarly,
"The allowance by Newcastle Upon Tyne to John Masterman, being ill,
is sanctioned by the Board." (21)
In cases where the removal of a pauper was sought an order for the
proposed removal had to be obtained from the magistrates.
"That an order of removal be got for the removal of Mary Thorpe to
Haddlesey", and
"That an order of removal be got for Thomas Greenwood",
are just two of many such within the Minute Books of Knottingley
Select Vestry. (22)
The pauper had the right to appeal against the removal order and under
the terms of the 1795 legislation a removal order could be suspended in
cases of illness, a concession extended to the family of sick paupers in
1809. (23) Substantial delay occurred between application for relief and
eventual removal even in the most uncomplicated cases. In the case of
George Thompson quoted above, some six weeks was expended in
ascertaining the validity of his claim and even when the decision to
remove him was reached several more weeks were required whilst
arrangements were made before the removal took place. (24)
Appeals against removal were not confined to the individuals
concerned. The parish to which it was proposed to remove them also had
right of appeal. In 1844, Knottingley Select Vestry decided that,
"The order of Charles Bowles removal be appealed against." (25)
During the interim period, claimants received temporary relief from
the overseers of the parish of residence who then sought reimbursement
from the parish of origin if the settlement application was rejected.
Frequent references are to be found such as,
"Joseph Pollard be relieved and removed", and
"Rebecca Dixon be relieved and her settlement ascertained", and
"Wm Ayres 4s 6d per week and removed to his settlement." (26)
The able bodied were set to work. Samuel Nichols was relieved and
provided with work by the Surveyor of Highways in 1842. Subsequently
being found ineligible for relief Nichols was dismissed and within a
week the decision was taken that,
"Samuel Nichols and family be removed to his settlement." (27)
A similar case concerns George Wood who having received outdoor relief
for several months was admitted into Knottingley Workhouse on Boxing Day
1861. Following examination by the Overseers, Wood was promptly
expelled,
"...in consequence of his being in a club [i.e. Friendly Society]
at Mexbro’ and in receipt of 8s per week." (28)
The Select Vestry instruction to the Assistant Overseer, James Miller,
"To remove Jas. Spacey to Ripon immediately with all necessary
documents",
provides an indication of the speed at which removal, once sanctioned,
was undertaken and also something of the bureaucracy underwriting the
action. (29) A decision that,
"Mark Jewitt and family [be] removed to Thornton [on Tees?] To be
conveyed by horse and cart"
gives an insight into one method of removal in the pre railway era.
(30)
The acknowledgement or rejection of paupers became almost a point of
honour and much time and money was spent resisting or enforcing the law
of settlement, even to the extent that the merest suspicion of
disqualification would be checked promptly as in November 1857 when,
"The Assistant Overseer went over to Leeds and found that Richard
Copley had lived at Holbeck 8 years and had not broken his residence."
(31)
In some cases the antecedents of a claimant proved to be too elusive
as in September 1843,
"The case of Widow Beckett’s settlement be abandoned",
and Knottingley was compelled to support her. Beckett was allowed 1
shilling a week and was eventually admitted into the workhouse. (32) The
background to another case is open to surmise but for whatever reason
the Select Vestry decided in April 1851 that,
"Ann Howard, wife of William Howard, have no assistance given in
finding her place of settlement." (33)
Once the legislative process had run its course it still remained for
administrative details to be completed. An 1851 resolution,
"That the Overseers apply to [an unspecified] Union workhouse to
receive Sarah Rhodes", (34)
indicates that while the establishment of the Pontefract Union lay
some twenty years in the future, the 1834 Act was already well
established elsewhere.
The record shows that several individuals could be simultaneously
awaiting removal. (35) Once approved the deportation was ruthlessly
applied whether involving individuals, married couples, (36) entire
families, (37) widows, (38) and even individual children. (39)
On occasion the zeal of parish officers backfired on them. In 1857 the
Overseers stated quite categorically that,
"Robert Jackson’s settlement is not in Knottingley",
only to conclude two months later that,
"Robert Jackson have 2s 6d per week and reside where he pleases."
(42)
Knottingley Overseers were routinely called upon to undertake journeys
to examine ‘exiled’ paupers who claimed the township as their parish of
origin. In 1842 for instance, the Select Vestry authorised,
"One of the Overseers to go to Sheffield, Beverley & Kampsall (sic)
[Campsall] to enquire after the settlement of John Martin, Wm
Braithwaite and John Mason." (41)
In December, an Overseer was instructed to,
"...go to Salford to enquire into John Butcher’s case." (42)
From the late seventeenth century all vestries were instructed to
revise poor relief in order to assess changing circumstances and prevent
fraud by paupers or covetous overseers. (43) To facilitate this
practice, it was necessary for ‘exiled’ paupers to be reassessed,
particularly by the third decade of the nineteenth century when the
effects of industrialisation and legislation wrought rapid changes to
the social life of the population. In November 1845, the Knottingley
Select Vestry resolved that the Overseer,
"See all the paupers in Hull belonging to Knottingley & bring acct.
(sic) in writing of their circumstances. " (44)
Similarly, the following month it was decreed,
"That the paupers at Leeds & Bradford be visited." (45)
Again, in March 1853, it was resolved,
"That a letter of enquiry be Sent to every out Township pauper."
(46)
An idea of the potential for abuse of the system is evident from the
Vestry decision of July 1856,
"That means be used to know if out of Town paupers be living."
(47)
The awareness, gained no doubt from experience, of the likelihood of
fraudulent conduct by some claimants explains the caution of the Select
Vestry in the case of Mary Pulman, referred to previously, when the
Overseers were detailed to accompany her to Liverpool and witness her
departure for America in 1853. Nor was this an isolated incident for the
Overseers were frequently called upon to accompany paupers en route to
or from Knottingley. Thus in 1862,
"John Smith be sent to fetch William Parker from Selby Union"
(48),
and on an errand of a different kind, in midwinter 1844,
"…the Overseers got to Liverpool for James Hodson’s Indentures of
Apprenticeship." (49)
An example of the system in reverse is seen in the decision in August
1852 to accept the repatriation of a native pauper,
"Widow Claybrough be received into the House when the Bradford
officers shall bring her. " (50)
The introduction of the Penny Post in 1840 and the development of a
national railway network and its accompanying telegraph system from that
decade made the process of checking pauper credentials and removal or
resettlement quicker and easier, providing a welcome element of ease and
comfort for officers travelling on Select Vestry business. (51) An
interesting glimpse of the pre-railway era with particular reference to
Knottingley’s maritime connection is revealed in the decision of March
1842,
"That Wm Masterman & family be sent to Newcastle by the Knottingley
& Hull Packets." (52)
Regardless of improved communications, the job of the Overseers was a
demanding one and it is interesting to note that on occasion the
non-availability of an Overseer resulted in the Select Vestry having to
delegate a third party to undertake the examination or journey of a
claimant. In August 1840 it was decided,
"William Hepworth Esqr. be requested to go to Whitley and
Darrington to take evidence respecting James Mason’s settlement"
(53),
while in 1844,
"Widow Peel be left to Mr Shaw to settle with the Overseers of
Womersley." (54)
The system of reciprocal relief seems to have worked well given the
constraints of time, distance and allowing for the degree of illiteracy
amongst a substantial element of paupers. Select Vestry records furnish
numerous instances of mutual regard between officials of different
parishes with requests that examinations of claimants be conducted by
proxy and forwarded to them, (55) that relief be granted to ‘exiled’
parishioners on their behalf, (56) or upgraded in accordance with
changed circumstance. (57) Indeed, in the case of certain parishes in
which a substantial number of Knottingley ‘exiles’ were resident, there
appears to have been a considerable degree of confidence in the
relieving officers to the extent that carte blanch was provided in the
appraisal of each claimant. Viz:
"Mr Moxon [Hull Overseer] relieve Wm Shaw at discretion." (58)
and again
"Mr Moxon relieve Widow Gomersall as he sees fit." (59)
or expressed in a different way,
"Mr Moxon to do as he sees needful." (60)
Likewise, with reference to other Overseers,
"Masterman to be relieved at Newcastle like their paupers",
(61)
and
"Bradford Overseers relieve Wm Copley as they do their own paupers."
(62)
Similarly, appreciation for co-operation is seen in Knottingley’s
acknowledgement,
"That the Vestry approves of the conduct of the Overseers of
Newcastle in taking Wm Masterman." (63)
and this is also expressed in the promptness with which bills were
paid for services rendered by other authorities. (64)
Constraints of space and money and doubts concerning validity did
occasionally result in refusal to co-operate, as in 1841 when,
"The application from Hensall to receive a pauper of theirs into
the workhouse be refused." (65)
Outright rejection of paupers nominating the township as their parish
of origin without any means of verification also features.
"Widow Ward of Carlton near Worksop be not acknowledged" (66)
is typical of a number of such cases and is shown rather more
forcefully in the instruction that the overseer write to Halifax
overseers that,
"The Vestry are entirely ignorant of a William Walker of Halifax
being our pauper." (67)
Even more curt was the decision that,
"No notice be taken of a letter from Monk Bretton." (68)
Not unnaturally, settlement problems were the most frequent cause of
dispute between parishes and was sometimes the cause of a protracted and
increasingly bitter affair, often resulting in the triumph of fiscal
prudency invoked in the name of dubious honour. A case in 1840-41
concerning Benjamin Hall and his family illustrates the point.
Hall appears to have been examined by the Knottingley Overseers who
concluded that his parish of settlement was St. John’s, Southwark. The
Southwark authorities declined to accept responsibility for Hall,
however, and by March 1841, Knottingley Select Vestry decided to seek
legal advice. (69) Hall and family were allowed temporary relief whilst
a removal order was procured and later that month the Hall children were
removed to Brotherton where they presumably were born. (70)
Both the disputant parties were unyielding and in September 1841
Knottingley Select Vestry decided,
"That Mr Clough have the case of Benjamin Hall’s settlement for
trial at the next sessions with St. John’s, Southwark." (71)
The legal outcome is undisclosed but it would appear that Knottingley
had the weaker case for in October 1841, it sought compromise, resolving
that
"If we have all the costs to pay in Benjamin Hall’s case and take
him we will persuit (sic) the case but if they [Southwark] will pay
their own costs we will take the pauper." (72)
Nor was recourse to legal action uncommon. In June 1842, for instance
we find,
"James Hawksworth’s settlement be tried with Beal at the next
Rotherham Sessions."(73)
The instruction that the Overseer at Eggborough be sued for
non-payment of a debt incurred by Knottingley in the relief of one of
his paupers is recorded in April 1856 (74) and may have echoed a case
some nine years earlier when it was resolved,
"That an order be immediately obtained on Ferrybridge for the
payment of Isaac Clegg’s wife." (75)
A dispute arose with Cridling Stubbs in October 1861, with Knottingley
resolving to take legal action to obtain compensation for the alleged
removal of John Mountier and his family. (76) The details of the case
are incomplete but the record shows that the family were being relieved
by Knottingley the previous month and it would seem that the paupers had
been brought to Knottingley without due legal process by the Cridling
Stubbs Overseer. (77) Perhaps the Overseers’ assumption that the
Mountier’s originated at Knottingley was based upon his knowledge that
the family had received parish relief there at an earlier date, Amelia
Mountier and her children being workhouse inmates at the time of the
1841 Census. Legal advice was a sin qua non in all doubtful cases as
shown by a case in November 1860
"That an opinion of Mr Blanshard (sic) having been taken respecting
the settlement of Christopher Mattinson the Select Vestry agree to the
order of removal being served by the Overseers of Beal."
Clearly legal opinion was the determining factor in the acceptance of
Mattinson by the Knottingley Overseers and the subsequent decision of
the Select Vestry to allow him a payment of 1 shilling per week. (78)
The decision in November 1841
"That Jeremiah Rhodes be not now removed to his settlement",
may be an indication of a belated acknowledgement of responsibility by
Knottingley Vestry when faced with a legal threat to counter the
proposed removal of Rhodes. (79) The case may have it origin in the
issue of broken settlement whereby a pauper was deemed to forfeit the
right to relief by the parish of settlement if taking up residence
elsewhere. In February 1842, Knottingley sought to evade responsibility
to a claim on them stating that,
"…application be made to the Overseers of Bishop Wilton on behalf
of John Dove who was relieved by them nine years ago." (80)
The rouse was evidently unsuccessful for Dove and his family feature
as recipients of parish pay at Knottingley thereafter. (81) However,
almost twenty years later the ploy was still being utilised, for in July
1861 it is recorded that,
"Mary Nelson’s pay be stopped as she has broken her settlement by
going to Goole." (82)
Later the same year the Select Vestry decided that
"James Pease’s Pay be stopped in consequence of his going to live
in Pontefract Township viz: - Cattle Laith." (83)
Cattle Laithes (Leys) were grazing lying on the periphery of
Knottingley township and had formed part of the common fields of
Knottingley Manor from time immemorial. The Select Vestry decision was
clearly a cynical ploy to disown responsibility and was successfully
resisted by the Pontefract Overseers and ultimately rescinded by
Knottingley Select Vestry.
Disputes between parishes even transcended the death of a claimant on
occasion, adding further indignity to the victim of a pauper funeral as
each parish disclaimed responsibility for the expense incurred by such a
burial. Knottingley Select Vestry decided in June 1846,
"That Borrit’s funeral expenses be not allowed to Worsbrough."
(84)
The situation was by no means unique for in August that year it was
similarly decided that,
"The 10s demanded for the funeral of John Hartley be not paid."
(85)
The demand for payment appears to have come from an official but
unidentified source for the same meeting resolved,
"To enquire if a coroner can compel us to bury a pauper belonging
us, not residing in Township." (86)
The absence of any further reference to the dispute may be an
indication that Knottingley had to comply with the coroner’s decision
that the parish of settlement had a duty to its paupers even beyond life
itself.
The record indicates a degree of negotiations between parishes
concerning the amount of relief to be paid to out of town paupers. For
example, in August 1861, Knottingley Select Vestry decided
"An offer of 2s 6d be made to the Guardians of Howden in respect of
Ann Whitehouse" (87),
while on an occasion two decades earlier, the Vestry Clerk was
instructed to
"Write to Malton that Joseph Toole & B Wife wants more and
[Knottingley] will remove them unless they are allowed 5s per week."
(88)
The demand not being met immediately, Knottingley Overseers began
preparations for removal within the month. (89) Likewise, in April 1856,
notification was given that
"If money [be] not sent from Allerton Bywater & Eggborough
immediately, the pay be stopped" (90),
and in March of the year following Knottingley Vestry advised the
overseers of South Hindley that Joseph Kitson should have additional
relief,
"...or be take into the workhouse." (91)
©2005 Dr. Terry Spencer