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The Poor Law
A complex Settlement Case
| The following are examples of typical documents relating to an enquiry into the
Settlement and Removal of a certain Sarah Westwood from Hitchin to Hexton. Both locations are
in Hertfordshire and reasonably close to each other. The documents were issued from 1826
onwards. They illustrate the tortuous nature of the Settlement problem that beset the
administration of the Poor Law. They also show the lengths taken to protect the rate payers
from what were regarded as needless burdens. |
Initial Examination and Affidavit
| The Examination of Sarah Westwood touching her Settlement. Herts to wit. |
Two years ago last Michaelmas I went into the service of Mr. William Davis in the Parish of
Hexton in this County. When I entered the service my Mistress told me that she had engaged me
for a year for three pounds. I lived in Mr. Davis's service until the following Michaelmas when I
received my wages. Shortly before Michaelmas I asked my Mistress if I might stop again. She
said that she had no objection and I continued to live with her until the following March when I
left my service and received my wages. I have not done any Act to gain a Settlement since. I am
a single Woman and am with child which is likely to be born a Bastard.
[The signature of Sarah Westwood] Taken on Oath the 18th April 1826 before
[The signatures of Miles Bland and Henry Crabb] |
Removal Order
| To the Churchwardens and Overseers of the Poor of the Parish of Hitchin in the County of
Hertford and the Churchwardens and Overseers of the Poor of the Parish of Hexton in the County
of Hertford. Herts to wit. |
| Whereas Complaint hath been made unto Us, whose Names are hereunto set, and Seals
affixed, being Two of His Majesty's Justices of the Peace in and for the County of Hertford
aforesaid, (One whereof being of the Quorum) by the Churchwardens and Overseers of the Poor
of the said Parish of Hitchin |
| That Sarah Westwood, Singlewoman hath come to inhabit in the said Parish of Hitchin
not having gained a legal Settlement there, nor having produced any Certificate acknowledging
her to be settled elsewhere, and now actually become chargeable to the same; WE, the said
Justices, upon due Proof made thereof, as well upon the Examination of the said Sarah
Westwood upon Oath, as other Circumstances, do adjudge the same to be true, and also do
adjudge the Place of the legal Settlement of the said Sarah Westwood to be in the Parish of
Hexton in the County of Hertford. |
| THESE are therefore in His Majesty's Name to require you, the said Churchwardens and
Overseers of the Poor of the said Parish of Hitchin or some or one of you, or any proper Person
or Persons to be employed by you, to remove and convey the said Sarah Westwood from and out
of your said Parish of Hitchin to the said Parish of Hexton and her deliver unto the
Churchwardens and Overseers of the Poor there, or to some or one of them, together with his
our Order, or a true Copy thereof, who are hereby required to receive and provide for her
according to Law. |
GIVEN under our Hands and Seals, the Eighteenth Day of July in the Year of our Lord One
Thousand Eight Hundred and Twenty Six
[Signed and sealed by Miles Bland and Henry Crabb] |
A Further Examination and Affidavit
| The Examination of Sarah Westwood. Herts to wit. |
On the 10th of July last I was removed by an Order signed by the Magistrates from the
Parish of Hitchin to the Parish of Hexton being then a Single Woman and big with a child likely to
be born a bastard - I was taken to the house of Mr. Davis the Overseer of Hexton who told me I
must find lodgings and pay for them as he had no place to put me in - I then went with Mr. Davis
to Dr. Bland's to swear the child - As no lodgings were found for me by Mr. Davis I returned to
Hitchin after having sworn the child - The next Tuesday I saw Mr. Davis who told me he would
grant me a Certificate to allow me to remain at Hitchin - I saw Mr. Davis several times afterwards
and asked him for the Certificate he had promised me, when he told me not to trouble myself
about it, there was plenty of time yet and he would take care I should have a Certificate. I
remained at Hitchin in consequence of Mr. Davis's promise and was there brought to bed of a
male bastard child on the 22nd September last.
[The signature of Sarah Westwood] taken on Oath the 6th of February 1827 before us
[The signatures of Miles Bland and W. Burroughs |
Further Testimony and Affidavit
| The Examination of Samuel Waller. Herts to wit. |
I am a Servant of Dr. Hawkins and reside at Hitchin in this County - I know Sarah
Westwood now present she is my wife's sister - on the 5th of September Sarah Westwood was
at my house and Mr. Davis the Overseer of the Parish of Hexton called there - I heard him say to
her "Make yourself happy where you are and I will bring you a Certificate next week" and
he repeated it to her several times the same evening.
[The mark of Samuel Waller] taken on Oath the 18th of February 1827 before us [The
signatures of Miles Bland and W. Burroughs] |
Yet another Examination and Affidavit
| The Examination of Sarah Westwood |
A short time after my confinement Mr. Davis gave me ten shillings in part of the expenses
of my confinement and the week following he gave me ten shillings more
[The signature of Sarah Westwood] taken on Oath the 13th day of February 1827 before us
[The signatures of Miles Bland and W. Burroughs |
Sealed Order of Claim
| To the Churchwardens and Overseers of the poor of the parish of Hexton in the County of
Hertford. Herts to wit. |
| Whereas William Burroughs Esquire one of his Majestys Justices of the Peace for the said
County Did on the complaint of the Churchwardens and Overseers of the poor of the Parish of
Hitchin in the County of Hertford issue a summons under his hand and seal dated the twentieth
day of February instant and directed to the Churchwardens and Overseers of the poor of the
parish of Hexton in the said County of Hertford thereby requiring them or one of them to appear
before him and such other of his Majestys Justices of the Peace for the said County of Hertford
as should be a the Office of Mr. John Hawkins in Hitchin in the same County this day at twelve o
Clock at noon to shew cause why an order should not be then and there made for the payment
by the same Churchwardens and Overseers of the poor of the parish of Hexton of a weekly sum
to the said Churchwardens and Overseers of the poor of the parish of Hitchin for the maintenance
of George Westwood a bastard born in the said parish of Hitchin but settled in the said parish of
Hexton and then resident in the said parish of Hitchin as a Nurse child with his Mother Sarah
Westwood And Whereas William Davis and John Day two of the Overseers of the poor of the said
parish of Hexton having appeared before us two of his Majesty's Justices of the Peace for the
said County in pursuance of the before mentioned summons for that purpose and have not
shewn to us any sufficient cause why an order should not be made upon them the said
Churchwardens and Overseers of the poor of the said parish of Hexton to pay a weekly sum to
the Churchwardens and Overseers of the poor of the parish of Hitchin towards the maintenance
of the said Bastard child And whereas the said Sarah Westwood in and by her examination taken
in writing and upon Oath before us the said Justices hath declared that she was delivered of the
said George Westwood in the said parish of Hitchin who was born a bastard there and is now of
the age of five months or thereabouts that he the said George Westwood is now chargeable to
the said parish of Hitchin and that she the said Sarah Westwood is not willing to part with her
said Child until he attains the age of seven years And whereas it hath been duly made to appear
to us by the oath of the said Sarah Westwood and others that the said George Westwood and
others that the said George Westwood though born in the said parish of Hitchin is settled in the
said parish of Hexton Now in consideration thereof and on the complaint of the Churchwardens
of the poor of the said parish of Hitchin we do hereby adjudge the place of the legal settlement
of the said George Westwood to be in the said parish of Hexton And we do hereby order the said
Churchwardens and Overseers of the poor of the said parish of Hexton or some of them to pay to
the said Churchwardens and Overseers of the poor of the said parish of Hitchin the sum of one
shilling and sixpence weekly and every week for and towards the support and maintenance of
the said George Westwood until they shall be ordered according to law to forbear the said
allowance or otherwise. |
Given under our hand and seals at Hitchin aforesaid the twenty seventh day of February
one thousand eight hundred and twenty seven
[Signed and Sealed by Miles Bland and W. Burroughs] |
Notice of Appeal
| To the Churchwardens and Overseers of the poor of the parish of Hitchin in the County of
Hertford. |
| This is to give Notice to you and every of you that we the Churchwardens and Overseers
of the poor of the parish of Hexton in the said County do intend at the next General Quarter
Sessions of the peace to be holden for the said County to commence and prosecute an appeal
against an order of the Reverend Miles Bland Clerk D.D and William Burroughs Esquire two of
his Majesty's Justices of the peace for the said county bearing date the twenty seventh day of
February last whereby the place of the legal Settlement of George Westwood therein named was
adjudged to be in the parish of Hexton aforesaid And it was ordered that the said Churchwardens
and Overseers of the poor of the said parish of Hexton should pay to the Churchwardens and
Overseers of the poor of the said parish of Hitchin the sum of one shilling and sixpence weekly
and every week towards the support and maintenance of the said George Westwood until they
should be ordered according to Law to forbear the said Allowance.
Dated this seventh day of April one thousand eight hundred and twenty seven [The signatures
of Andrew Hewat, Churchwarden and Wm Davis, Overseer |
Response to Notice of Appeal
| To the Churchwardens and Overseers of the Poor of the parish of Hexton in the County of
Hertford. |
I hereby give you Notice that the Churchwardens and Overseers of the poor of the parish
of Hitchin in the county of Hertford do not intend to defend the Appeal of which you have given
them Notice against an order of two of his Majesty's Justices of the peace for the county of
Hertford for the payment by you of one shilling and sixpence per week for the maintenance of
George Westwood as bastard child born in the said parish of Hitchin; that the Churchwardens
and Overseers of the poor of the said parish of Hitchin will not either by themselves or their
Agents attend at the Quarter Sessions at Hertford on Monday next for the purpose of defending
the said Appeal, that they are willing to withdraw and abandon the said order of Justices, and
that there will be no necessity for your attending at the said Quarter Sessions either by
yourselves or witnesses to prosecute the said Appeal or do any other Act whereby any expense
may be incurred.
Dated this 20th day of April 1827 [The signature of D. Times Solicitor for Hitchin Parish |
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