Pauper Settlement, Vagrancy and Bastardy Examinations (EP)

A pregnant woman stands before a JP sitting behind a desk, a small child playing with a dog by his side. Several men and women, one of whom is carrying a Beadle's staff, are pictured behind William Hogarth. A Woman Swearing a Child to a Grave Citizen. c.1729.

Contents of this Article

Introduction

Individual parishes used examinations conducted by one or two Justices of the Peace, normally acting in petty sessions, for three distinct purposes:

  • to determine the settlement of an individual (a claim to a right of legal residence and relief in a parish)
  • to police bastardy, and as a basis for reclaiming the costs of supporting illegitimate children from the father
  • as a contribution to the wider county prosecution of vagrancy.

As a result of appeals and orders made at county and City levels many of these types of examinations can also be found among the Sessions Papers (PS) .

A settlement examination relating to Eleanor James, dated 23 October 1788 London Metropolitan Archives, St Botolph Aldgate, Pauper Examination Book, 1788-1790, Ms 4215/1, LL ref: GLBAEP103000019.

Settlement Examinations

Settlement Examinations form the most common surviving type of examination. The idea of a settlement was enshrined in law with the passage of An Act for the better Reliefe of the Poor in 1662, widely referred as the Act of Settlement.1 This Act was principally concerned with restricting migration and providing the basis for the exclusion of outsiders from parishes. Those immigrants thought "likely to be chargeable" to a parish could be removed under the Act’s auspices by order, if a complaint was brought against them within forty days of their arrival, always providing that they had not rented a house or land worth £10 per year or more, or provided a certificate attesting to their intention to undertake harvest work, or their normal residence elsewhere.2

In the period following the passage of the Act of Settlement, its provisions were adapted and modified. In addition to a £10 property qualification, later legislation ensured that settlement could be earned through the payment of local rates, serving as an unpaid parish officer, and being bound as an apprentice or hired as a servant for a year. Acts were also passed expanding the scope of settlement certificates, and ensuring that a pauper could only be removed if they became chargeable to the parish of residence. And finally, if no other settlement could be determined, or if the individual was illegitimate, the settlement was established as the place of birth.

The bastardy examination dated 1 September 1787, relating to Margaret Cary, and the birth of her son Richard Westminster Archives Centre, St Clement Danes, Examinations Book, 1792-1798, Ms B1203, LL ref: WCCDEP358280115.

During the same period case law came to modify significantly the workings of the settlement system. Of particular importance was the development of the idea of derivative settlements, established by lawyers at the Court of King’s Bench during the eighteenth century, which ensured that if a person did not acquire a new settlement for themselves they would derive their settlement from that of their parents, or even their grandparents.

In order to establish the basis for a settlement the parish authorities needed to pay at least one Justice of Peace to take an examination of the personal, employment and ownership histories of the individual. The resulting examinations are legal documents, and were normally created at the point when a pauper first applied for poor relief. There is some historical controversy over the extent to which examinations were also triggered in the absence of applications for relief by the desire of parish officials to regulate migration.3

Bastardy Examinations

Bastardy Examinations formed an important variant on the settlement examination. These were taken before two Justices and enquired into the circumstances under which a woman about to give birth to a bastard child had fallen pregnant. Legally a woman who knew herself to be likely to bear a bastard child was obliged to present herself for examination, but in practice this only occasionally happened, and many examinations occurred after the birth.

Bastardy examinations are particularly concerned to discover the identity of the father, in order to force him to provide a bond (WB) to indemnify the parish against the costs of maintaining the child. The amount of detail included in a bastardy exam varied widely according to local practice.4

A brief vagrancy examination for Ann Jones, dated 25 November 1772 London Metropolitan Archives, St Botolph Aldgate, Pauper Examination Book, 1772-73, Ms 2676/7, LL ref: GLBAEP103120018

Vagrancy Examinations

Vagrancy Examinations are very similar to settlement examinations, inasmuch as they were directed at determining the legal residence of the examinee, but relate to the legal system of vagrancy run by the county, rather than the parochial system of poor relief. Nevertheless, as many of the same Justices and clerks who undertook settlement examinations on behalf of the parishes also undertook vagrancy examinations on behalf of the parish constable and the county or City of London, vagrancy examinations are often found in parochial collections, interleaved with settlement and bastardy examinations.

Examinations of all three types were generated in response to specific questions placed to the examinee by a Justice of the Peace. When the verbal examination was complete, the clerk entered the final text in the examination book, which was then dated and signed (or marked) by the pauper and the officiating Justice or Justices of the Peace. Most examinations are between a few lines and two pages long.5

Introductory Reading

  • Black, John. Who Were the Putative Fathers of Illegitimate Children in London, 1740-1810?. In Levene, Alysa; Williams, Samantha; and Nutt, Thomas, eds, Illegitimacy in Britain, 1700-1920. Basingstoke, 2005.
  • Black, John. Illegitimacy, Sexual Relations and Location in Metropolitan London, 1735-85. In Hitchcock, Tim and Shore, Heather, eds, The Streets of London: from the Great Fire to the Great Stink. 2003.
  • Hindle, Steve. On the Parish?: The Micro-Politics of Poor Relief in Rural England, c.1550-1750. Oxford, 2004.
  • Hitchcock, Tim and Black, John, eds. Chelsea Settlement and Bastardy Examinations, 1733-66. London Record Society, 33, 1999 for 1996, Introduction.
  • Snell, Keith D. M. Parish and Belonging: Community, Identity, and Welfare in England and Wales, 1700-1950. Cambridge, 2006.

Online Resources

For further reading on this subject see the London Lives Bibliography.

Documents Included on this Website

In addition to the documents listed below, see also the separate database of St Martin's in the Fields Settlement Examinations.

  • St Botolph Aldgate, Pauper Examination Book, 1742-50, London Metropolitan Archives, Ms. 2676/1, LL ref: GLBAEP10306, Tagging Level: Aa
  • St Botolph Aldgate, Pauper Examination Book, 1752-57, London Metropolitan Archives, Ms. 2676/2, LL ref: GLBAEP10307, Tagging Level: Aa
  • St Botolph Aldgate, Pauper Examination Book, 1757-61, London Metropolitan Archives, Ms. 2676/3, LL ref: GLBAEP10308, Tagging Level: Aa
  • St Botolph Aldgate, Pauper Examination Book, 1765-68, London Metropolitan Archives, Ms. 2676/4, LL ref: GLBAEP10309, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1768-71, London Metropolitan Archives, Ms. 2676/5, LL ref: GLBAEP10310, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1771-72, London Metropolitan Archives, Ms. 2676/6, LL ref: GLBAEP10311, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1772-73, London Metropolitan Archives, Ms. 2676/7, LL ref: GLBAEP10312, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1773-73, London Metropolitan Archives, Ms. 2676/7, LL ref: GLBAEP10313, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1773-75, London Metropolitan Archives, Ms. 2676/8, LL ref: GLBAEP10314, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1775-76, London Metropolitan Archives, Ms. 2676/9, LL ref: GLBAEP10315, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1776-76, London Metropolitan Archives, Ms. 2676/10, LL ref: GLBAEP10316, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1776-77, London Metropolitan Archives, Ms. 2676/11, LL ref: GLBAEP10317, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1777-79, London Metropolitan Archives, Ms. 2676/12, LL ref: GLBAEP10318, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1780-81, London Metropolitan Archives, Ms. 2676/13, LL ref: GLBAEP10319, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1783-84, London Metropolitan Archives, Ms. 2676/14, LL ref: GLBAEP10320, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1784-85, London Metropolitan Archives, Ms. 2676/15, LL ref: GLBAEP10321, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1785-87, London Metropolitan Archives, Ms. 2676/16, LL ref: GLBAEP10322, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1787-88, London Metropolitan Archives, Ms. 2676/17, LL ref: GLBAEP10323, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1788-90, London Metropolitan Archives, Ms. 2676/18, LL ref: GLBAEP10300, Tagging Level: Aa
  • St Botolph Aldgate, Pauper Examination Book, 1790-93, London Metropolitan Archives, Ms. 2676/19, LL ref: GLBAEP10301, Tagging Level: Aa
  • St Botolph Aldgate, Pauper Examination Book, 1793-95, London Metropolitan Archives, Ms. 2676/20, LL ref: GLBAEP10302, Tagging Level: Aa
  • St Botolph Aldgate, Pauper Examination Book, 1795-97, London Metropolitan Archives, Ms. 2676/21, LL ref: GLBAEP10303, Tagging Level: A
  • St Botolph Aldgate, Pauper Examination Book, 1797-99, London Metropolitan Archives, Ms. 2676/22, LL ref: GLBAEP10304, Tagging Level: Aa
  • St Clement Danes, Examinations Book, 1739-1741, Westminster Archives Centre, Ms. B1168, LL ref: WCCDEP35816, Tagging Level: B
  • St Clement Danes, Examinations Book, 1741-1742, Westminster Archives Centre, Ms. B1169, LL ref: WCCDEP35817, Tagging Level: B
  • St Clement Danes, Examinations Book, 1742-1745, Westminster Archives Centre, Ms. B1170, LL ref: WCCDEP35818, Tagging Level: B
  • St Clement Danes, Examinations Book, 1745-1747, Westminster Archives Centre, Ms. B1171, LL ref: WCCDEP35803, Tagging Level: Aa
  • St Clement Danes, Examinations Book, 1747-1749, Westminster Archives Centre, Ms. B1172, LL ref: WCCDEP35804, Tagging Level: B
  • St Clement Danes, Examinations Book, 1749-1750, Westminster Archives Centre, Ms. B1173, LL ref: WCCDEP35805, Tagging Level: B
  • St Clement Danes, Examinations Book, 1750-1752, Westminster Archives Centre, Ms. B1174, LL ref: WCCDEP35806, Tagging Level: A
  • St Clement Danes, Examinations Book, 1752-1753, Westminster Archives Centre, Ms. B1175, LL ref: WCCDEP35811, Tagging Level: B
  • St Clement Danes, Examinations Book, 1753-1755, Westminster Archives Centre, Ms. B1176, LL ref: WCCDEP35812, Tagging Level: B
  • St Clement Danes, Examinations Book, 1755-1757, Westminster Archives Centre, Ms. B1177, LL ref: WCCDEP35813, Tagging Level: B
  • St Clement Danes, Examinations Book, 1757-1760, Westminster Archives Centre, Ms. B1178, LL ref: WCCDEP35814, Tagging Level: B
  • St Clement Danes, Examinations Book, 1760-1763, Westminster Archives Centre, Ms. B1179, LL ref: WCCDEP35819, Tagging Level: B
  • St Clement Danes, Examinations Book, 1763-1766, Westminster Archives Centre, Ms. B1180, LL ref: WCCDEP35820, Tagging Level: B
  • St Clement Danes, Examinations Book, 1766-1769, Westminster Archives Centre, Ms. B1181, LL ref: WCCDEP35821, Tagging Level: B
  • St Clement Danes, Examinations Book, 1769-1772, Westminster Archives Centre, Ms. B1182, LL ref: WCCDEP35822, Tagging Level: B
  • St Clement Danes, Examinations Book, 1772-1776, Westminster Archives Centre, Ms. B1183, LL ref: WCCDEP35807, Tagging Level: A
  • St Clement Danes, Examinations Book, 1776-1779, Westminster Archives Centre, Ms. B1184, LL ref: WCCDEP35808, Tagging Level: A
  • St Clement Danes, Examinations Book, 1779-1783, Westminster Archives Centre, Ms. B1185, LL ref: WCCDEP35809, Tagging Level: A
  • St Clement Danes, Examinations Book, 1783-1786, Westminster Archives Centre, Ms. B1186, LL ref: WCCDEP35810, Tagging Level: A
  • St Clement Danes, Examinations Book, 1785-1787, Westminster Archives Centre, Ms. B1187, LL ref: WCCDEP35800, Tagging Level: Aa
  • St Clement Danes, Examinations Book, 1786-1791, Westminster Archives Centre, Ms. B1188, LL ref: WCCDEP35801, Tagging Level: Aa
  • St Clement Danes, Examinations Book, 1786-1792, Westminster Archives Centre, Ms. B1202, LL ref: WCCDEP35828, Tagging Level: B
  • St Clement Danes, Examinations Book, 1787-1792, Westminster Archives Centre, Ms. B1189, LL ref: WCCDEP35802, Tagging Level: Aa
  • St Clement Danes, Examinations Book, 1791-1795, Westminster Archives Centre, Ms. B1190, LL ref: WCCDEP35824, Tagging Level: B
  • St Clement Danes, Examinations Book, 1792-1798, Westminster Archives Centre, Ms. B1191, LL ref: WCCDEP35825, Tagging Level: B
  • St Clement Danes, Examinations Book, 1792-1798, Westminster Archives Centre, Ms. B1203, LL ref: WCCDEP35827, Tagging Level: B
  • St Clement Danes, Examinations Book, 1795-1798, Westminster Archives Centre, Ms. B1192, LL ref: WCCDEP35826, Tagging Level: B
  • St Clement Danes, Examinations Book, 1799-1804, Westminster Archives Centre, Ms. B1193, LL ref: WCCDEP35823, Tagging Level: B

Back to Top | Introductory Reading

Footnotes

1 14 Charles II c.12. ⇑

2 For a wider discussion of the evolution of the laws of settlement see Steve Hindle, On the Parish?: The Micro-Politics of Poor Relief in Rural England, c.1550-1750 (Oxford, 2004), ch. 5; and Keith D.M. Snell, Parish and Belonging: Community, Identity, and Welfare in England and Wales, 1700-1950 (Cambridge, 2006). ⇑

3 K.D.M. Snell and Norma Landau are in substantial disagreement about where, when, by whom, and in the presence of which county officials, settlement and bastardy examinations were recorded. For details of this debate see Keith Snell, Pauper Settlement and the Right to Poor Relief in England and Wales, Continuity and Change, 6 (1991), pp. 375-415 and Norma Landau’s reply in the same volume, pp. 417-39; Norma Landau, The Laws of Settlement and the Surveillance of Immigration in Eighteenth-Century Kent, Continuity and Change, 3 (1988), pp. 391-420; Norma Landau, The Regulation of Immigration, Economic Structures and Definitions of the Poor in Eighteenth-Century England, Historical Journal, 33 (1990), pp. 541-72; and Norma Landau, Who was subjected to the Laws of Settlement? Procedure under the Settlement Laws in Eighteenth-Century England, Agricultural History Review, 43, II, (1995), 139-59. For a more accessible discussion of the role of Justices at this period, see Ruth Paley, ed., Justice in Eighteenth-Century Hackney: The Justicing Notebook of Henry Norris and the Hackney Petty Sessions Book (London Record Society, 28, 1991), Introduction. ⇑

4 John Black, Illegitimacy, Sexual Relations and Location in Metropolitan London, 1735-85, in Tim Hitchcock and Heather Shore, eds, The Streets of London: from the Great Fire to the Great Stink (2003). ⇑

5 Nicholas Rogers, Policing the Poor in Eighteenth-Century London: The Vagrancy Laws and Their Administration, Histoire Sociale / Social History, 24 (1991), pp. 127-47. ⇑

Related Information

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