THE RELIGIOUS QUESTION IN
PUBLIC EDUCATION
MORAL INSTRUCTION AND TRAINING IN
SCHOOLS. Report of an International
Inquiry. Edited, on behalf of the Commit-
tee, by M. E. SADLER, C.B. In Two Volumes.
Crown 8vo, 5s. net each.
VOL. I. THE UNITED KINGDOM.
VOL. II. FOREIGN AND COLONIAL
(France, Belgium, Scandinavia, Switzer-
land, Germany, United States, Canada,
Australia, New Zealand, and Japan).
LONGMANS, GREEN AND CO.
39 PATERNOSTER Row, LONDON
NEW YORK, BOMBAY AND CALCUTTA
THE
RELIGIOUS QUESTION
IN
PUBLIC EDUCATION
A CRITICAL EXAMINATION OF SCHEMES REPRESENTING
VARIOUS POINTS OF VIEW
BY
ATHELSTAN RILEY, M.A.
SEIGNEUR DE LA TRINJTE ; SOMETIME MEMBER OF THE SCHOOL
BOARD FOR LONDON
MICHAEL E. SADLER, C.B., M.A., HON. LL.D. COLUMBIA
PROFESSOR OF THE HISTORY AND ADMINISTRATION OF EDUCATION IN THE
UNIVERSITY OF MANCHESTER
AND
CYRIL JACKSON, M.A.
VICE-CHAIRMAN OF THE LONDON COUNTY COUNCIL
v
1
i v
LONGMANS, GREEN AND CO.
39 PATERNOSTER ROW, LONDON
NEW YORK, BOMBAY AND CALCUTTA
1911
CONTENTS.
PAGE
INTRODUCTION i
SCHEME OF SIR THEODORE HOPE AND MR. A. F. EDEN
INTRODUCTORY MEMORANDUM .... 24
BILL 32
COMMENTS BY THE EDITORS .... 54
SCHEME OF MR. ACKROYD AND MR. A. T. PERKINS
INTRODUCTORY MEMORANDUM . . . .61
BILL ........ 64
COMMENTS BY THE EDITORS . . . -77
SCHEME OF DR. P. V. SMITH
INTRODUCTORY MEMORANDUM .... 89
BILL 92
COMMENTS BY THE EDITORS .... 99
SCHEME OF MR. HAKLUYT EGERTON
INTRODUCTORY MEMORANDUM .... 105
BILL 115
COMMENTS BY THE EDITORS . . . .124
SCHEME OF LIBERAL MEMBERS OF EDUCATION AUTHO-
RITIES
INTRODUCTORY MEMORANDUM . . . .131
BILL 149
COMMENTS BY THE EDITORS . . . .154
vi Contents
PAGE
SCHEME OF CHURCH OF ENGLAND COMMITTEES (KNOWN
AS LORD SALISBURY'S SCHEME)
INTRODUCTORY MEMORANDUM . . . .160
BILL , . .162
COMMENTS BY THE EDITORS . . . .169
SCHEME OF THE EDUCATIONAL SETTLEMENT COMMITTEE 174
COMMENTS BY THE EDITORS . . . .192
SCHEME "SiNE NOMINE"
INTRODUCTORY MEMORANDUM .... 208
BILL 213
COMMENTS BY THE EDITORS .... 236
SCHEMK OF MR. MASSIE AND OTHERS
INTRODUCTORY MEMORANDUM . . . .241
BILL 242
COMMENTS BY THE EDITORS .... 246
THE ROMAN CATHOLIC POSITION . . . .25
COMMENTS BY THE EDITORS . . . .261
SCHEME OF THE MANCHESTER EDUCATION CONCORDAT
(R. C.) . . 265
COMMENTS BY THE EDITORS . . . .272
THE JEWISH POSITION 275
COMMENTS BY THE EDITORS . . . .282
APPENDIX
I. THE LAW WITH RESPECT TO RELIGIOUS EDUCATION 287
II. THE TRAINING COLLEGES' POSITION . . -337
III. LIST OF SCHEMES SUBMITTED TO THE AUTHORS . 340
INDEX 345
ERRATA.
The Hope-Eden Scheme was in type before its final revision at the
hands of its authors, and though some corrections were made in proof
the following escaped notice:
Page 40, line 8, after "staff" insert " adequate and ".
Page 41, after sub-section (d) insert
(e) Nothing in this Act shall derogate from the obligation in
denominational schools of making provision for religious
instruction according to the Trust deed (if any), nor prevent
the managers of other denominational schools from making
provision for religious instruction according to the denomi-
nation to which the school is attached.
And on page 56 the criticism in paragraph " The Religious Instruction
Committee taken into account " was written on the original draft of the
Scheme, before " and 3 " was added to "section 2 " in Clause 10 (i).
I.
INTRODUCTION.
I.
DURING the last two years the controversy about
the place of religion in English national education
has materially changed in temper and in scope.
From one point of view the situation has become
more grave. It is realized that the questions at
stake raise ultimate issues of personal conviction
and that their solution will profoundly affect the
future both of the family and of the State. The
French, intellectually more clear-sighted than the
English, have seen this long ago. With them the
struggle between the secular State and the ecclesi-
astical authorities seems for the present to have
passed far beyond the reach of friendly compromise.
In England there is perhaps still time to avert so
sharp a division on points of ultimate principle, a
division which is hurtful to social unity because it
drives each opposing body of opinion into the atti-
tude of no surrender, and prevents each from ad-
mitting the weak points in its own argument and
2 The Religious Question in Education
from any acknowledgment of failure. But there is
danger lest, under the pressure of forces which no
individual can control, we also should drift into a
deadlock of conflicting principles.
From another point of view, however, the outlook
in English education has in some respects greatly
improved. On almost all sides there is a growing
disposition to look fairly at the problem of public
education as a whole, to review it in the light
of national necessities, to regard purely sectional
criticism as inadequate, and to consider the question
of religious teaching not simply by itself but in its
intimate and necessary relationships to the whole
course of study and as one factor in the character-
forming influences of school life. The scientific
study of education, still in its infancy, but yearly
growing stronger with the aid of medical research
and sociological inquiry, has insensibly changed the
tone of our discussions upon public education. We
see things in a new light and from a new stand-
point, and each great section of opinion has found
reason to discard some of the presuppositions which
it inherited, almost unconsciously, from an earlier
state of things.
In the belief that the situation had thus changed,
and in the hope (borne out by subsequent events)
that his belief was shared by many others through-
out the country, Mr. Athelstan Riley addressed the
following letter to " The Times" and other journals
on 27 March, 1909 :
Introduction 3
Since the failure to obtain a settlement of the educationa
difficulty, various committees have been engaged in examining
proposals for ending the strife which so seriously hampers the
work of national education. The problem is exceedingly com-
plicated, and hence while but few in the legislature itself have
any clear grasp of the effect of any proposed measures, the
general public have only the most rudimentary ideas on the
subject.
Happily there is a lull in the educational controversy, and it
seems to some of us that the opportunity should be utilized for
gathering and imparting useful information. To aid the above-
mentioned committees, will you allow me to ask that schemes
should be sent to this address for consideration ? They may
be of any type they will fall naturally into well-known cate-
gories, "German," "Facilities," " Rate-allocation," etc. but
they should be framed with the object of general fairness to
parents and to religious bodies of all creeds. A careful selection
of these will be published in book form, with notes for ordinary
readers.
Prof. Sadler and Mr. Cyril Jackson, the Chairman of the
Education Committee of the London County Council, 1 have
consented to assist in this publication. Thus, three members
of the two Committees in the late contest, i.e. the Settlement
Committee on the one hand and the Religious Equality Com-
mittee on the other, will be united in a friendly endeavour to
afford instructive material for the next attempt at educational
legislation.
The response to Mr. Riley's invitation was
immediate and encouraging. Nearly a hundred
replies were received from different sources. Some
of these were merely sketch suggestions ; others,
elaborately formulated schemes. The documents
1 Chairman from March 1908 to Nov. 1910.
4 The Religious Question in Education
thus received were carefully analysed by the editors
of this volume, with the help of Mr. Hardress
O'Grady. The more important are now, with the
permission of their authors, published for general
consideration, with comments for which the editors
of this volume are responsible, and in preparing
some of which they have received valuable assist-
ance from Mr. Arthur Boutwood. The latter has
also prepared the Appendix upon the state of the
Law with regard to religious instruction in schools.
II.
Every great change in the intellectual outlook of
Europe has been followed by educational upheaval
and unrest. This was so in the twelfth and thir-
teenth centuries ; again at the Revival of Learning ;
again at the Reformation and Counter- Reformation ;
again in the course of the religious struggles of the
seventeenth century ; again at the French Revolu-
tion ; and again in the social upheaval of 1848.
The present crisis is more widely extended than
any of its predecessors, because, through rapidity
of communication, the psychological climate of the
world has become in greater measure subject to
simultaneous influences. The schools of all nations
are now passing through a period of disquietude
and reorganization. Old-established educational
traditions are being examined afresh. The advance
of physical science has compelled acquaintance with
wide tracts of knowledge, omitted from earlier
Introduction 5
courses of education, on the part of all who seek to
be qualified to understand the theory and practice
of their future employment. Evolutionary thought
has changed our ideas of historical development.
By disclosing the influence exerted upon man by
his environment, it has modified our habit of thought
as to the conditions and potentialities of human life.
Thus old studies are seen from a new point of view
and traditional curricula are being adjusted to freshly
realized needs. Medical knowledge has impressed
upon us the importance of securing the healthy de-
velopment of the physical powers during childhood
and youth. Consequently, educational thought and
practice concern themselves more and more with
questions of physical nurture. Psychology has
made us sensitive to the stages of intellectual and
moral development through which the mind and the
character pass in the course of their growth from
infancy to manhood. This sharpened insight into
the psychical conditions under which they have to
work is leading the teachers to make readjustments
in the methods and the subject-matter of their in-
struction.
Under the strain of these intellectual changes,
subtle and penetrating, many-sided and obscure,
English education is uneasy and disturbed. There
are some who in their ignorance regard England
as intellectually inert. Conservative it is ; indis-
posed to talk about the fundamental questions of
conduct and belief it still continues to be ; but it is
6 The Religious Question in Education
extraordinarily sensitive to changes in the spiritual
atmosphere, especially as they affect the grounds of
personal duty and belief. At almost every great
crisis in the intellectual history of Europe, groups
of Englishmen have been among the first to discern
the inner meaning of the unseen forces which have
challenged them to a restatement of their position.
Among the intellectual and educational leaders of
every epoch in modern history, Englishmen have
held their place. But many of the greatest of them,
convinced of the close connexion between theory
and practice, have given their strength not so much
to the literary presentment of new ideas as to the
working out of new conceptions of duty in institu-
tional life, and to the task of weaving the new ideals
into the tested wisdom of the past.
Education, in the nature of things, is in the main
a conservative tendency in national life. The great
majority of schools embody in their work the intel-
lectual presuppositions of the past generation.
Consequently any great change in the intellectual
atmosphere of a nation does not fully show itself in
its school system until nearly fifty years later. In
all countries in which national education is not
strictly unified under State control (and among
these the English-speaking peoples have from the
first been conspicuous) individual schools are freer
to respond to changes in the intellectual and spiritual
outlook than is the case elsewhere. Consequently,
in England, at every great crisis in thought and
Introduction 7
belief, there have been some schools which have
shown themselves quickly sensitive to the new
conditions. But the great majority of schools lie
in the grip of an old tradition and continue to work
upon old lines long after the time is really ripe for
change.
This is the case in England at the present time.
With our customary methods of education, with
our conventional course of study and teaching,
there is much more dissatisfaction than the majority
of teachers are aware. But the dissatisfaction,
though deep, is still undefined in purpose. It has
no effective substitute to offer in place of that with
which it is discontented. In the meantime it ap-
preciates the good points of a school system which
it nevertheless desires to see fundamentally reformed.
And what is true of our attitude towards questions
of curricula and of teaching methods applies with
equal force to our attitude towards the administra-
tive mechanism of our school system. No one is
really satisfied with the present working of the
English Education Acts. All we can say is that,
while inequitable in their local incidence, they do
on the whole a sort of rough justice to conflicting
interests and divergent convictions. But the fabric
of administration is the last thing to be altered in
a period of educational change. At such a period,
the first signs of crisis show themselves in individual
uneasiness and in sporadic attempts at reconstruc-
tion. There follows a general change in the
8 The Religious Question in Education
temper of the schools and in the outlook of the
teachers, responding to the altered but unformu-
lated demands of the public. Finally, when the
old educational tradition has been undermined,
rapid reform sets in and the administrative ma-
chinery of public education is roughly readjusted to
the new needs of the case.
It is clear that the present structure of educational
administration in England cannot long continue
unaltered. Reasons of finance alone will compel
some fundamental change. The old idea that edu-
cation is a purely local service has long been obsolete.
The responsibility of the National Exchequer in
regard to it has grown. But the principles which
should regulate the proportionate contributions of
the Exchequer and of local funds towards the cost
of national education are still obscure. It is ad-
mitted that some great readjustment between central
and local expenditure is inevitable and cannot be
long delayed. No such readjustment, however, will
be possible without serious modification of the
present Education Acts, involving changes in point
of principle and reassignment of duties between
the Board of Education and the local authorities.
In the meantime, however, the necessary range
of educational effort is widening before our eyes.
The old division between elementary and secondary
education is becoming antiquated and will soon
be obsolete. Before long the State may find itself
compelled to extend some form of educational super-
Introduction 9
vision over each individual during the years of
adolescence. The connexion between the family
and the school must be made closer if physical
defects, detected in the children by medical inspec-
tion at school, are to be medically attended to at
home without serious weakening of parental re-
sponsibility. The connexion between the workshop
and the school, weak at present in England except
so far as an already old-fashioned half-time system
bears witness to the necessity of such connexion,
requires to be strengthened. Thus financial and
other economic forces are driving us forward toward
some great educational change. Not less potent
are other social forces which are rapidly obliterating
many of the older class distinctions in English
education and bringing secondary education into
close contact with elementary. But most explosive
of all is the mass of religious conviction which feels
that the present Education Acts fail to recognize
parental claims in regard to the religious training of
the young.
Large numbers of English parents seem to pre-
fer some form of united Biblical teaching as the
kind of religious instruction which should prevail
in public elementary and secondary schools attended
by children from all denominations. It must be
admitted, however, that in the absence of any
arrangement by which parents can express a choice
as to the religious teaching to be given to their
children, this widespread preference for united
io The Religious Question in Education
Biblical teaching cannot be proved to be the result
of the considered judgment of the parents con-
cerned. The State, for a variety of reasons, has
not hitherto encouraged in public elementary schools
any expression of parental preference as to the form
of religious teaching which should be given to
children. In industrial schools, it will be remem-
bered, the expression of such a preference is
obligatory upon parents ; in rate-aided secondary
schools and places of higher education it is per-
mitted by statute ; but in the sphere of public
elementary education, the conscience clause and
the recognition of denominational schools are at
present the only methods by which the State differ-
entiates between the varying religious convictions
of the parents of different groups of children con-
cerned.
On few points are opinions more acutely divided
than upon the tendencies and spiritual value of un-
denominational religious teaching. The editors of
this volume are themselves not in complete agree-
ment in regard to it. On the one hand, they would
all in the first place strongly oppose any plan which
would give to undenominational teaching sole re-
cognition in the national system of education. In
existing circumstances it enjoys no such monopoly.
Denominational schools, in which the religious
teaching is a full expression of the faith of some
religious body, coexist in the national system with
council schools in which the religious teaching may
Introduction 1 1
not include any "catechism or religious formulary
which is distinctive of any particular denomina-
tion ". This coexistence of various types of school
(in some cases alternative to one another in the
same district) has in some degree tended to rein-
force the Christian character of the Cowper-
Temple teaching. The majority of the more in-
fluential supporters of council schools have hitherto
(whatever may be the case in the future) been
anxious that the denominational schools should have
no exclusive claim to the title of Christian schools.
The fact that large numbers of the council school
teachers have received their training in colleges
which are either denominational or (as in the case
of the colleges of the British and Foreign School
Society) decidedly Christian in their undenomina-
tionalism, has also preserved definitely Christian
teaching as the predominant type under the Cowper-
Temple clause. But if the State withdrew its
recognition and aid from all denominational schools
and training colleges, and gave Cowper-Temple
teaching a unique and exclusively privileged place
in all schools under its inspection, the situation
would be gradually changed and the prospects of
definitely Christian teaching would be impaired
throughout the whole system of council schools,
whether elementary or secondary. Moreover, in
that event, there would be forced into the council
schools the children of many parents (Anglican and
Roman Catholic) who at present secure in de-
12 The Religious Question in Education
nominational schools the definite type of teaching
which they prefer for them, but who (if thus driven
into making use of an uncongenial form of school
and into taking Cowper-Temple teaching as the
sole kind of religious instruction for their children,
at least so far as the day school course was con-
cerned) would raise many embarrassing questions
as to the statutory limits of Cowper-Temple teach-
ing, with the purpose of forcing the hands of the
authorities either into the recognition of denomina-
tional teaching or into secularism. Undenomina-
tional teaching would then be subjected to a strain
far more severe than any that it has hitherto ex-
perienced. It would have to serve as the greatest
common measure of a more numerous variety of
widely differing beliefs. In that case, could it long
continue to identify itself with the Christian faith ?
Secondly, the editors agree that undenominational
teaching can never embrace the whole of an ideal
religious education for a child. The sense of mem-
bership in an historic body of believers (a sense
which, under favourable conditions of temperament
and of intellectual affinity, deepens into a conviction
of personal allegiance) is one of the privileges which
religious training may impart. But, except perhaps
as a general counsel for the guidance of life, such
allegiance cannot be inculcated by a form of teach-
ing which is bound to be neutral in its outlook upon
different forms of religious belief.
On the other hand, one of the editors believes
Introduction 1 3
that undenominational teaching given with sincerity
and reverence becomes the expression of the under-
lying unity of all real religious experience ; and that
in schools attended by children belonging to many
different faiths, it is the right means of fostering a
religious attitude of mind, which is one necessary
factor in a liberal and character-forming education.
Provided, therefore, that such undenominational
teaching is supplemented by other kinds of religious
instruction in accordance with parental preference,
he regards its claim to a preferential place in the
curriculum of council schools as valid and as justified
by the fact that it has been found to help in giving
spiritual unity to the school's corporate life. The
other two editors agree with him in desiring that
some simple act of common worship should form
part of the daily work of every elementary and
secondary school, but they differ from him in their
judgment of the value of undenominational religious
teaching as distinct from united worship. They
feel that there is no safeguard in any system of
non-denominational instruction for the realities of
religious influence. Some of the teachers (they
hold) will have no strong personal convictions ;
others will have their own views (some Christian,
others non-Christian), which will be unconsciously
imparted through their teaching. In the case of
the teachers having no strong personal convictions,
there is a danger that their religious teaching will be
felt by the children to be unreal ; in the case of
14 The Religious Question in Education
teachers who are strongly denominational in their
religious views, there will be some likelihood of
their showing a bias towards some denomination ;
in the case of teachers who are in principle non-
Christian, there will be a bias against Christianity
itself. In short (they hold), wherever it can be
shown that undenominational teaching is Christian,
it is so because its teachers have been brought up
in allegiance to some particular form of Christian
belief. But owing to recent changes in the pro-
fessional training of teachers an increasing propor-
tion of those intending to enter the teaching profession
are not receiving (so far as the day school and the
training college are concerned) any denominational
grounding in religious knowledge. More than this,
an increasing number are receiving (again so far as
the day school and the training college are con-
cerned) no systematic religious teaching at all.
And the ever more exacting claims 'of secular
studies are continually thrusting the study of the
Bible and of the Christian faith more and more
into the background of the intending teacher's
thoughts and work.
The basis of undenominational religious teaching
has been greatly affected during the last forty years
by the progress of Biblical criticism. " Simple
Bible teaching," to use the expression once in
common use, is no longer so easy of attainment by
the comparatively unlearned as once appeared to be
the case. At one time, indeed, many good men
Introduction 15
hoped that the religious unity of the nation might
be secured by encouraging undenominational Bible
teaching in all schools aided by the State. This
hope, never shared by those whose thought pene-
trated most deeply into the problem, has become
fainter during the last ten years. It is clear that
England, though greatly divided in religious belief,
is not prepared to accept some diluted form of
Christianity as its general religion. On the other
hand, it is indisposed to hand over to the secularist
or the humanitarian the immense influence of public
education. It will only be in the last resort, and in
despair of any other settlement, that the mass of
English people will consent to the omission of re-
ligious worship and religious teaching from the
ordinary curriculum of the State-aided schools.
There is a general desire to respect the different
forms of strong religious conviction. The force of
the Roman Catholic claim, urged with courage and
self-denial, is recognized even by those who do not
themselves accept the Christian faith. The justice
of the Nonconformist objection to the Anglican
control of the great majority of village schools is
admitted by great numbers of Churchmen who
appreciate the value of the service rendered by
those schools to village life. What has not yet
been as generally recognized is the force of the
claim made by many Church of England parents
for Church teaching for their children in the areas
where no Church school can be maintained.
1 6 The Religious Question in Education
III.
The present system, therefore, of educational
administration in England is bound sooner or later
to undergo drastic change. Our present duty is to
discuss, in a fair-minded way and with careful re-
gard both to financial exigencies and to educational
method, the course which educational reform should
take. As a help to such consideration, a number
of alternative plans of resettlement, prepared by
several writers, are published in this volume.
Any plan of educational reorganization which
attempts to grapple with the whole problem must
have regard to three things the question of curri-
culum, the question of public administration, and the
question of political obligation, or, in other words,
(i) to the place of the religious lesson in the course
of teaching provided by the school, (2) to the de-
gree of control which the national Government and
the local education authorities should respectively
exercise over the work of schools in receipt of aid
from public funds, and (3) to the rights of the
parent as against the State, and to the rights of the
State as against the parent, in determining what a
child shall learn at school.
It will be found that each of these questions is
raised in every comprehensive plan for educational
resettlement. With regard, however, to curricu-
lum, administration, and political obligation, there
is difference of opinion, and each scheme represents
Introduction 17
one or other of three different views upon each of
the three fundamental questions. The result is
that the plans vary greatly among themselves and
do not lend themselves to easy classification in
sharply distinguished categories.
For example, with regard to curriculum, some of
the plans approach the question of national edu-
cation almost exclusively from the point of view of
the religious lesson which, however widely diffused
may be its influence throughout the work of the
school, is nevertheless only a fraction of the course
of study. Other schemes approach the question
exclusively from the point of view of the secular
curriculum, with or without recognition of religious
teaching as an annexe to it. Thirdly, other
schemes attempt a synthesis between the religious
and other branches of the teaching of the school,
while securing protection for liberty of conscience
on the part of parent, pupil, and teacher alike.
These are the schemes which approach most nearly
to an ideal solution, though they suffer from the
disadvantage of being more complicated than their
rivals.
With regard to the question of administration,
three points of view may be similarly distinguished
from one another. Some schemes regard educa-
tion as fundamentally a national concern, granting
only so much local discretion as may be inevitable
for political reasons or for administrative con-
venience. Conversely, other schemes regard edu-
1 8 The Religious Question in Education
cation as fundamentally a local concern, to be
regulated mainly by some form of local option, the
control of the central authority being reduced to
a minimum so far as financial exigencies allow.
Thirdly, other schemes attempt a synthesis between
national control and local variety, with a view to
enforcing by means of the authority of the State a
necessary minimum of educational attainment and
discipline and, on the other hand, to preserving
variety of organizing initiative and of educational
type by the permission of a large degree of local
liberty.
Again, with regard to the question of political
obligation, some schemes give the prior claim to
the right of the parent to determine the kind of
education which his children should receive. A
second group of schemes give the prior claim to the
State, and subordinate parental rights to the sup-
posed interests of the central government. A third
group of schemes attempt a synthesis between the
rights of the State and the rights of the parent,
without overlooking the concurrent claims of the
local communities, of the religious bodies and of the
teachers in the schools.
These are the main lines of approach along one
or other of which the authors of the different
schemes advance to the consideration of their sub-
ject. It will be found that in their practical ap-
plication some of the schemes involve a uniform
system of State schools, State-controlled as re-
Introduction 19
gards the secular curriculum, which forms six-
sevenths of their work, but offering (under various
plans of organization and with varying degrees
of probable efficiency) different kinds of religious
instruction according to parental choice. Other
schemes, the authors of which distrust uniformity
of State education, retain variety of schools under
different types of management, but all set in one
framework of national administration. Again, some
of the schemes entrust each local education au-
thority with the duty, oc at least with the power,
of supplying religious instruction according to a
syllabus framed by it for the purpose. Other
schemes assign to the churches or other spiritual
organizations the duty of planning and supervising
the respective courses of religious instruction, on
the ground that this is a spiritual function which
should be withheld from the control of a secular
authority. Yet again, some of the plans assign to
the regular teachers on the staff (or rather to those
of them who are willing to undertake it) the duty
of giving religious instruction as an integral part of
the ordinary curriculum of the school, subject of
course to the working of a conscience clause.
Other plans rely upon the services of outside
teachers, appointed by the religious bodies con-
cerned, for the giving of the religious lessons, one
scheme assigning a particular day in the week for
religious teaching exclusively.
2O The Religious Question in Education
IV.
The adjustment of national education to public
needs and to private conviction is the most diffi-
cult question which confronts the modern State.
It cannot be solved like a problem in chess. Still
less can it be usefully discussed as if it were a cold
problem in mathematics. It is full of history. Men
approach it with many presuppositions, some of
which lie beyond the probe of verbal analysis.
Within each nation more than this, within each
local community different groups of the electorate
approach the problem in quite different stages of
thought. This makes the psychology of the situa-
tion even more important than the politics of it.
With the best will in the world, with a real desire
to reach agreement, men may look at the question
in quite different perspective and thus find them-
selves unable to take the same view of the promise
and the perils of any given situation. Patience
alone can help us through a controversy which, if
it once becomes hopelessly embittered, endangers
both the spiritual and political unity of the nation.
It is hoped, therefore, that the publication of the
schemes which are printed in this book may in
some degree further a friendly understanding by
showing, in a practical way, the number of factors
and considerations which need to be taken into
account in any comprehensive resettlement of the
English Education Acts.
The editors of the volume are far from thinking
Introduction 2 1
that they have found the key to a difficulty which
has long perplexed the minds of statesmen in Eng-
land and elsewhere. If they were asked, however,
to disclose the view to which they themselves have
been led in the course of their inquiry, they would
put forward the following principles as being, in
their judgment, fundamental :
(i) Religious (including moral) instruction and
training must form part of any system of national
education designed to impart belief in a moral
ideal as the groundwork of character.
(ii) The contents of any course of religious in-
struction and training which purports to be in ac-
cordance with the faith of a particular church, must
be under the control of the spiritual authority of
that church and not of some secular authority
endeavouring to interpret it.
(iii) It is undesirable that the State should at-
tempt to impose uniformity of religious belief or
of religious instruction upon all the children in the
nation by means of the system of State -controlled
or State-aided education. This principle, if ac-
cepted, renders unacceptable (i) the imposition of
the doctrines of one particular church to the exclu-
sion of those of others ; (2) an attempt to enforce
undenominational Christian teaching as the sole
form of religious instruction eligible for aid from
the State ; and (3) the enforcement, under the
name of moral instruction, of humanitarianism as
a substitute for Christian doctrine.
22 The Religious Question in Education
(iv) In schools which are wholly maintained from
public funds, no official or financial preference should
ultimately be given to one form of religious instruc-
tion as compared with others. 1
(v) Subject to stringent conditions as to educa-
tional and hygienic efficiency, it is desirable that
in present circumstances in England the State
should allow (as alternatives to the council schools
in any area populous enough to support more than
one school) the continuance of denominational
schools in so far as the parents of the children de-
sire their maintenance, and that it should aid them
on equal terms with other schools of the same grade
1 The editors of this volume differ among themselves as to the present
application of this principle. Two of them think that it should be en-
forced at once ; one of them believes that for the present an exception
should be made (where the local authority so desires) in favour of
undenominational Christian teaching with continuance of the present
right of withdrawal from part of such teaching, on the ground that at
the present time this form of teaching is the most unifying spiritual
influence which is practically available for the majority of council schools,
and that, for the present, the real alternative to its preferential treatment
in council schools is some form of secularism. The other two editors
take a different view of the present situation and of the way in which
it should be dealt with. They feel that any preferential treatment of
undenominational teaching in council schools, if adopted at the next
resettlement of the question, would perpetuate and stereotype a grave
injustice and a serious danger to definite religion. They would, at the
next step, take almost any risks rather than rivet upon State-aided
elementary education in England a form of religious teaching which in
their judgment has long been from the Christian point of view insecure,
and would tend to become not merely increasingly insipid but more and
more perilous to faith in Christian fundamentals. Thus they cannot
regard it as being (even so far as it goes) a common religious teaching
to which, by "facilities" or otherwise, denominational teaching can be
superadded.
Introduction 23
in national education. No system of contracting-
out, which would reduce denominational schools to
an inferior status and to financial impoverishment,
would be wise from the point of view of public
policy, or tolerable from the point of view of edu-
cational unity.
(vi) In so far as may be desired by the parents,
religious and moral instruction, detached from de-
nominational control and avoiding the distinctive
formularies of any particular denomination, should
be given rights equal to those granted to the
different forms of denominational teaching.
(vii) In the interests of national unity it is desir-
able that any rupture and hostility in the relations
between the State and the different religious bodies
should be avoided. Our system of national educa-
tion (still in many respects gravely in arrear and,
like the educational systems of other countries, far
behind the requirements of medical science and
civic efficiency) needs to have behind it the united
goodwill of those who may differ in religious con-
viction but who (if those convictions are respected)
are prepared to act heartily together in promoting
the efficiency of the training of the rising genera-
tion.
II.
DRAFT BILL
BY SIR THEODORE C. HOPE, K.C.S.I., C.I.E., CANTERBURY
HOUSE OF LAYMEN, AND MR. A. F. EDEN, ST. DAVID'S
DIOCESAN BOARD OF EDUCATION.
EXPLANATORY MEMORANDUM,
i. GENERAL PRINCIPLES.
THE Bill is based upon the fact that the nation as
a whole is opposed to a secular scheme of national
education, and upon the principle that, under a
system of compulsory school attendance, it is the
right and duty of a parent to determine what re-
ligious instruction, if any, must be given to his child.
The limitations of the " Cowper-Temple " clause
in the case of "provided" schools, and of trust-
deeds in the case of "voluntary" schools, are alike
modified in order to carry out this principle.
The only limitations of the principle which the
Bill recognizes are those of physical facts. The
practical legislator cannot wholly ignore the actual
conditions and past history of our system of public
education, in particular that the greater number of
24
The Hope-Eden Draft Bill 25
the elementary schools constituting that system are
not owned by the State, but are either private
property or are charitable foundations subject to
definite and binding trusts which have, as against
State interference, rights analogous to those of
private property.
We must also have regard to the positive religious
habits and tendencies of the nation which the past
working of our educational system has disclosed.
Four broad denominational classes emerge whose
views and aspirations require specific treatment :
the Church of England, the Free Churches, the
Roman Catholic Church, and the Jewish Church.
Beyond, or within these classes, may exist special
minorities for whom, in some cases, exceptional
treatment will be needed, and legislative proposals
must be sufficiently elastic to admit of exceptions
in such cases. Elasticity, indeed, must be the key-
note of any legislative project for the solution of
the education controversy.
The fundamental provisions of the Bill may be
well described in the words of the Rt. Hon. A.
Birrell, M.P., written a year after the Education
Act, 1902, had been passed, and two years before
he took office as Minister for Education in Sir H.
Campbell- Bannerman's Government.
"There still remains the question as to the
nature of the religion to be taught in all the
schools. Here the parents really must,
whether they like it or not, conquer their
26 The Religious Question in Education
shyness, and, making their first appearance
in this ancient and horrid controversy, tell
us, when they send Tom and Jane to
school, whether they wish them to receive
any, and, if any, what, religious instruction.
There is no chance of the multiplication of
strange parental religions. We are not
an imaginative people. Jews, Roman
Catholics, Anglicans, and Dissenters (in a
lump) will usually exhaust the list. The
great body of Dissenters will be found
ready to accept the same broad, simple
Bible-teaching which, for the most part,
characterized Board School Christianity."
" Independent Review," October, 1903.
The draft Bill therefore recognizes that the kind
of religious instruction to be given to each child
must be indicated by its parents.
This is the parents' right and duty, which the
State cannot justly assume, though it makes the
child's attendance compulsory, and levies the cost
of teaching. At most, it can only act as trustee to
fulfil the parents' wishes. Children, whose parents
desire religion to be omitted from the school course,
must have secular teaching during the religious
lessons of the others.
The State, consequently, must provide all forms
of religious teaching, but enforce none.
All religious teaching must be given during
school hours, for an adequate time, and as a part of
The Hope-Eden Draft Bill 27
the regular course of the school. All who give it
must, as a general rule, be duly qualified members
of the staff who are willing to give it, because re-
ligious instruction, as a school subject, is a right,
and hence must be no more left to voluntary effort
than any other subject in the curriculum. More-
over, if it were so left, the children in poor and
populous districts would have the worst chance of
getting effective religious teaching (if any), on ac-
count of the difficulties of local means and organiza-
tion ; while, on the other hand, outside teachers
would be regarded as intruders by the staff, and
would find great difficulties in maintaining order.
The financial justice and equality arising out of
the arrangements proposed will be apparent from
the following considerations. The population of
any given place are all, in one form or another,
payers of rates and taxes. The children of the place
represent the population proportionally ; hence,
sections of the population are represented by cor-
responding sections of the children. Supposing,
then, that the whole cost of the schools is paid out
of rates and taxes, and all parents are supplied
with either the religious teaching, denominational
or undenominational, which they prefer, or secular
teaching in substitution, no section or denomination
will pay anything for any teaching except what its
own children actually receive ; each will pay for
what it gets and no more. There will be nothing
for anyone to " resist passively " about.
28 The Religious Question in Education
2. SOME OBJECTIONS DEALT WITH.
In drafting the Bill care has been taken to
meet, so far as possible, various practical objections
to the principle upon which it is based.
(a) The general objection is sometimes taken
that to allow more than one kind of religious
teaching to be given in a public elementary school
at the option of the parents will involve too great
a disturbance of school organization ; pandenomi-
nationalism, it is said, means pandemonium. But
the system is actually in operation in the Irish
elementary schools, in English reformatory and
industrial schools, in English poor law schools, and
in German schools. It further has, as a practical
scheme, the official sanction of the Board of Edu-
cation ; the second Education Bill introduced in
1908 (under the auspices of Mr. Runciman, the
present Minister for Education) recognized the
right of parents to demand special kinds of religious
instruction to be given in public elementary schools
within school hours, and, by implication, admitted
that such a right could be effectively exercised with-
out injuring the efficient conduct of the schools.
In any case, where owing to special circum-
stances, some practical obstacle of an insuperable
character is met with, clause 9 of the draft Bill
provides a means by which relief may be granted
from a too rigid application of general principles.
(6) The existing arrangement for religious in-
The Hope-Eden Draft Bill 29
struction under the Education Acts commends
itself to some just on the ground that the children
are grouped for the purposes of that instruction,
and that an enforced division of children, even into
a few denominational classes at the parents' option,
is undesirable. The provision in clause 1 1 of the
draft Bill giving an optional power to different
denominations to agree to a common syllabus and
to common instruction will, it is hoped, mitigate
apprehensions based on such grounds.
(c) A further objection is sometimes made to the
operation of the parental principle on the ground
that it casts upon local education authorities duties
in respect of religious matters which they are not
competent to fulfil. One of the main aims of the
draft Bill is to relieve local authorities of such duties.
It is indeed obvious that bodies of men appointed
mainly to carry out business and financial duties
ought not to be required to interfere, beyond what
is necessary, with delicate matters concerning re-
ligious teaching or the religious qualifications of
teachers who give such teaching. The discretion
of a local education authority in respect of religious
instruction is, therefore, limited by the draft Bill, so
far as possible, to administration pure and simple.
The authority is not required to draw up a syllabus
for religious instruction, to inspect such instruction,
or to examine the qualifications of teachers who
give it. Those functions will all be performed by
bodies representing the parents' denominations, or
30 The Religious Question in Education
by managers who will also be representative of the
parents. To the local education authority will be
left the administrative organization and financial
control of the instruction so determined.
3. SOME DETAILS OF THE BILL.
The managing bodies established by the Educa-
tion Act, 1902, are, in the case of voluntary and
council schools alike, to be reconstituted by the
admission of representatives of parents, and their
powers are to be still more narrowly confined to
securing the efficiency of religious instruction. The
power of managers of voluntary schools under that
Act to appoint and dismiss teachers is abolished,
and a power of veto is substituted, to be exercised
only upon grounds connected with religious teach-
ing, and subject to a prescribed right of appeal. A
similar power is given to the managers of council
schools. Subject to those powers, the appointment
and dismissal of teachers is a function to be exer-
cised by the local education authority.
The Bill thus recognizes that the control of public
elementary schools by the local education authority
in respect of finance and secular instruction must
be complete.
There is nothing in the draft Bill which neces-
sarily destroys the existing division of schools into
voluntary and council schools. But under the
operation of the Bill the religious functions of a
council school would be so extended that trustees
The Hope-Eden Draft Bill 31
of many voluntary schools, especially of those
under Church of England trusts, might consider
that the religious education of the children attend-
ing them would be equally well secured if the school
became a council school. The Bill therefore pro-
vides a special means whereby a transfer of such a
school to a local education authority can be effected
subject to due safeguards for the trusts.
4. TRAINING COLLEGES.
The existence of a supply of efficient, religiously
trained teachers is essential to the practical working
of the scheme, and the Bill therefore contains a
clause to secure denominational training colleges
from administrative interference from Whitehall.
It also lays down principles upon which religious
instruction should be given in training colleges
provided by local education authorities, namely
that such instruction is to have as its aim the pro-
vision of a supply of teachers sufficient for the
general religious aims of the Act
5. POSSIBLE MODIFICATIONS.
The proposed Bill has been drafted with sufficient
elaboration to enable critics to understand its in-
tended working, but, for the purpose of brevity,
various purely consequential provisions have been
omitted. If the Bill were actually being introduced
in Parliament, the representatives of the various
interests affected would no doubt suggest numerous
32 The Religious Question in Education
minor additions to secure their special wants. In
so far as such additions did not infringe the main
principle of the draft Bill, its authors, if they were
in the position of a minister introducing the Bill,
would not oppose them.
A BILL TO REGULATE RELIGIOUS INSTRUC-
TION IN PUBLIC ELEMENTARY SCHOOLS
AND TRAINING COLLEGES.
ARRANGEMENT OF CLAUSES.
Clause Page
1. General duty of local education authority . . -33
2. Regulations for conduct of religious instruction in
public elementary schools . . . . -33
3. Provisions respecting exceptional cases . . -35
4. Power to provide instruction outside schoolhouse;
attendance at church . . . . . .36
5. Admission of children . . . . . -37
6. School attendance 37
7. Managers ........ 38
8. Teachers ........ 40
9. Power to give relief in cases of difficulty . . -41
10. Voluntary associations 42
11. Agreements between associations, and common in-
struction 44
1 2. Religious instruction committee of Board of Education 44
13. Transfer of voluntary schools . . . . -45
14. Saving for trusts having denominational objects . 47
15. Compensation to teachers . . . . .48
1 6. Training colleges ....... 49
17. Appeals -5
1 8. Transitory provisions 50
19. Miscellaneous 52
The Hope-Eden Draft Bill 33
I. (i) A local education authority, in the ex-
ercise of their powers under Part III. of General
the Education Act, 1902, shall provide, dutyofiocai
subject to the provisions of this Act, for education
every child attending a public elementary
school in their area religious instruction in accord-
ance with the wishes of its parent.
(2) In the execution of this Act, including the
appointment and promotion of teachers, no unfair
preference shall be shown to any religious de-
nomination or to any teacher engaged in giving
any particular form of religious instruction.
2. The regulations in accordance with which a
public elementary school is required to Regulations
be conducted shall include the following, for conduct
namely : of religious
/ \ T T i i c IMI instruction
(i) Upon the admission ot any child i npu bii c
to a public elementary school, the elementary
parent shall state, subject as herein- schools -
after provided, whether he desires it to re-
ceive religious instruction in the principles
of
(a) The Church of England, or
(6) The Nonconformist Churches, or
(c) The Roman Catholic Church, or
(</) The Jewish Church,
and the religious persuasion chosen by the
parent (hereinafter called the parent's per-
suasion) shall be entered opposite the child's
name in a register kept in every school for
3
34 The Religious Question in Education
the purpose, and religious instruction in the
principles of the parent's persuasion (herein-
after called the chosen instruction) shall be
given to the child according to a syllabus
settled by the voluntary association repre-
senting the parent's persuasion.
(2) The chosen instruction shall be given to the
child so long as it continues to attend the
school for not less than one half-hour daily
upon each day when the school meets twice,
or two and a half hours in each full week of
the school term, at such times during any
meeting of the school as are convenient.
(3) All such chosen instruction shall be given
within the hours during which children are
required to attend school by the by-laws
of the local education authority, and shall
be recognized as part of the regular school
curriculum, and, subject to the provisions
hereinafter laid down with reference to
teachers, shall be given by teachers being
members of the regular teaching staff of the
school.
(4) The Board of Education shall, through His
Majesty's Inspectors of Schools, inspect all
chosen instruction in public elementary
schools, but for the purpose only of satisfy-
ing themselves that the organization and
discipline of the school are satisfactory dur-
ing that instruction, and the inspection of
The Hope-Eden Draft Bill 35
the efficiency and character of the instruc-
tion shall be conducted by the inspectors of
the voluntary association representing the
parent's persuasion.
The foregoing regulations shall be construed
as though they were included in section 7 of the
Elementary Education Act, 1870, and shall be
substituted for the provisions of section 14 (2) of
that Act, and section 7 (6) of the Education Act,
1902.
3. (i) If the parent of any child attending a
public elementary school, instead of Provisions
choosing for his child religious instruction respecting
of one of the four classes mentioned in exceptional
section 2 of this Act, chooses religious
instruction of some other character (hereinafter
termed exceptional instruction) including instruc-
tion in the distinctive principles of any particular
Nonconformist denomination, the local authority
shall provide that instruction for the child, so far
as they think it is practicable to do so without
interfering with the performance of their duties in
respect of children for whom one of those four
classes of instruction has been chosen.
(2) If exceptional instruction is provided, it shall
be given subject to the conditions and provisions
applicable in the case of the said four classes of in-
struction.
(3) If a parent, instead of choosing any religious
instruction for his child, declares that he desires his
3*
36 The Religious Question in Education
child to receive no religious instruction at all, or at
any time withdraws his child from religious instruc-
tion in pursuance of section 7 of the Elementary
Education Act, 1870, the child shall not on that
account be withdrawn from the school, but special
secular instruction shall be provided for the child in
lieu of religious instruction :
provided that such special instruction shall
not be given so as to enable any child to
gain any preference or advantage with re-
spect to any school prize, scholarship or
emolument over children receiving religious
instruction.
(4) A parent who has chosen religious instruction
of any kind for his child may at any time, by a
further entry in the register, vary or modify his
choice, or withdraw his child from religious instruc-
tion altogether.
4. ( i ) If on account of any special circumstances
Power to ft ls found difficult in the case of any child
provide to provide in the schoolhouse the religious
instruction instruction authorized by this Act, ar-
outside . . r ...
schoolhouse; rangements may be made for providing
attendance that instruction in some other suitable
at church. place, including any other public element-
ary school, and the child may be required to attend
that place to receive the instruction, and while
attending that instruction shall be deemed to be
attending religious instruction at a public elementary
school.
The Hope-Eden Draft Bill 37
(2) A syllabus settled by a voluntary association
under this Act may provide for the attendance of
the children whose instruction it regulates at a
place of religious worship on any day exclusively
set apart for religious observance, or other holy
day recognized, by the religious body to which the
parent belongs during the times allotted in the time-
table of the school for the religious instruction of
those children, and attendance at such place in ac-
cordance with the syllabus shall be recognized as
attendance at religious instruction at school.
5. A local education authority, or the managers
of a public elementary school in which Admission
the religious instruction of a majority of f children.
the children attending it is the same, may refuse
a child admission to such school on the ground that
the vacant places in the school are required for
children whose parents desire them to receive that
instruction, provided that suitable and accessible
accommodation can be found for the child in some
other public elementary school. 1
6. The by-laws of a local education authority
requiring children to attend public ele- school
mentary schools shall provide that the attendance.
1 This clause has been objected to by critics otherwise friendly to the
Bill on the ground that it would excite needless opposition. No sinister
or collateral purpose attaches to the clause ; it is designed to facilitate,
in administrative interests, the grouping of children in different schools
in urban areas ; it would, it is thought, be especially useful to Roman
Catholics who seek to avoid any disturbance of the homogeneous character
of their schools.
38 The Religious Question in Education
times during which a child is required to attend
school shall be the whole time during which the
school is open to the instruction of children of a
similar age, and no exemption from attendance
shall be granted by the by-laws, in respect of the
time during which religious instruction is given
under this Act, to any child otherwise required to
attend school on the days when such instruction is
given.
7. (i) Every public elementary school shall
have a body of managers consisting of
Managers. {
two foundation managers, two managers
representative of the parents of children attending
the school, and two managers representative of the
local education authority.
(2) In the case of a school not provided by a
local education authority the foundation managers
shall be appointed subject to, and in accordance
with, section n of the Education Act, 1902.
(3) In the case of a school provided by a local
education authority the foundation managers shall
be appointed by that authority, but in making any
such appointment the authority shall have due re-
gard to any majority, or, if there be no clear
majority, to the largest number, of children attend-
ing the school who receive the same class of religious
instruction.
(4) In the case of any public elementary school
the local education authority in appointing managers
representative of the authority shall have due regard
The Hope-Eden Draft Bill 39
to any minority of children whose parents are other-
wise unrepresented on the body of managers and
who ought, in the opinion of the authority, to be
represented thereon.
(5) The managers of a public elementary school
shall have such powers in respect of the secular
instruction given in the school and the control of
expenditure required for the purpose of maintaining
and keeping efficient the school as may be assigned
to them by the local education authority, and shall
have such powers in respect of religious instruction
and of the appointment and dismissal of teachers
as are provided by this Act.
(6) The Board of Education shall make regula-
tions for the conduct of the election of managers
by parents ; but before making any such regulations
the draft thereof shall, as soon as may be, be laid
before each House of Parliament, and if within
thirty days, being days on which Parliament has
sat, after the draft has been so laid before Parlia-
ment, either House resolves that the draft, or
any part thereof, should not be proceeded with, no
further proceedings shall be taken thereon, without
prejudice to the making of any new draft order :
provided that a parent shall have one vote
at any such election for each of his children
attending the school.
(7) Notwithstanding anything in this section
schools may be grouped under one body of
managers in manner provided by section 12 of
4O The Religious Question in Education
the Education Act, 1902, as amended by this
Act.
8. The local education authority shall have the
sole power of appointing and dismissing
teachers in a public elementary school,
subject to the following regulations :
(a) The authority shall provide for every such
school a teaching staff suitable for the pur-
pose of giving chosen instruction in accord-
ance with this Act : l
(6) Subject to the provisions of this Act with
reference to arrangements existing at its
commencement, the teachers giving that
instruction shall ordinarily be members of
the regular teaching staff, but in special
circumstances teachers, including persons
giving their services voluntarily, may be
employed by the authority for the special
purpose of giving any particular class of
chosen instruction in one or more public
elementary schools :
(c) The consent of the managers shall be re-
quired to the appointment or dismissal of
a teacher, but that consent may not be
refused unreasonably, and only upon the
ground that a proposed appointment or dis-
1 It is not intended by this provision that every teacher in a school
should necessarily be qualified to give some form of religious teaching,
but merely that the staff should contain sufficient teachers to enable the
various forms of religious instruction demanded by the parents of the
children actually attending the school to be suitably provided.
The Hope-Eden Draft Bill 41
missal will not be in compliance with the
requirements of this Act with reference to
religious instruction :
(d] A certificate of a voluntary association
formed under this Act shall be accepted
as satisfactory evidence of the qualification
of a teacher holding it to give the instruction
which the association is formed to supervise,
and, subject to the provisions of this Act with
reference to existing teachers, no teacher not
so certificated may give such instruction. 1
9. (i) If the local education authority satisfy
the Board of Education that owing to the ,
& Power to
small number of children needing a parti- g i ve relief
cular form of chosen instruction, the diffi- in czs ^ of
culty of getting teachers, willing and c
qualified to give such instruction, or any other
special circumstances, it is not reasonably practic-
able to provide for those children that instruction
as required by this Act, the Board of Education
may make such order as they think necessary or
proper for relieving the authority, wholly or partly,
from the obligation to provide that instruction,
subject to the terms and conditions contained in
the order, and any such order shall have effect
accordingly.
(2) An order of the Board under this section
1 The object of this provision is that explained in Section 2 (c) of the
Explanatory Memorandum, namely, to put on some body other than
the local education authority the task of investigating and determining
the qualifications of teachers so far as concerns religious matters.
42 The Religious Question in Education
shall not have effect for more than one year, with-
out prejudice to the power of a local education
authority at any time to apply for a further order.
(3) The Board of Education shall report an-
nually to Parliament any action taken by them
under this section.
(4) Any action taken by the Board of Education
under this section shall be a matter in respect of
which the prescribed right of appeal shall lie.
IO. (i) A voluntary association may be formed
voluntary for the area of any local education au-
associations. thority, or for any group of such areas,
to represent any of the religious persuasions men-
tioned in sections 2 and 3 of this Act, in accordance
with a scheme to be approved by the Board of
Education, for the purpose of formulating and
supervising chosen religious instruction in public
elementary schools.
(2) If a scheme be submitted to the Board of
Education proposing as the voluntary association
any existing organization recognized by the ecclesi-
astical or other authority of the religious persuasion
concerned as the proper organization for supervis-
ing on behalf of that persuasion religious instruction
in public elementary schools, the scheme shall be
approved by the Board of Education, unless there
are any special circumstances justifying its rejec-
tion : provided that every scheme must provide for
suitable representation on the voluntary association
of the teachers employed in giving religious in-
The Hope-Eden Draft Bill 43
struction under the supervision of the associa-
tion.
(3) A scheme shall provide that each association
shall have a responsible secretary through whom
correspondence with the local education authority
and the Board of Education shall be conducted.
(4) It shall be the duty of any association formed
under this section to inspect and examine religious
instruction given in public elementary schools in
the principles of the religious persuasion it repre-
sents, and to settle the syllabus of such instruction,
and to grant certificates to teachers to give that
instruction or to withdraw the same.
(5) If at the commencement of this Act an as-
sociation has not been formed under this section
for the supervision of some particular form of re-
ligious instruction, the functions of an association
in respect of that instruction shall be performed by
the managers of each school, until such an associa-
tion is formed for that purpose.
(6) The refusal of the Board of Education to
approve a scheme under this section shall be a
matter in respect of which the prescribed right of
appeal shall lie.
II. (i) A voluntary association may, by agree-
ment, combine with any other such as-
Agreements ..... r , r
between sociation for the purpose ot the pertorm-
associations, ance of any of their functions under this
and common
an( j j n p art i cu l ar> mav ma ke arrange-
mstruction. r P . Z ,, , .
ments for the use of a joint syllabus, and
for the giving of instruction wholly or partly in
44 The Religious Question in Education
common to the children whose instruction such as-
sociations are formed to supervise.
(2) If the parent of any such child objects to the
action of a voluntary association under this section,
the Board of Education, subject to the prescribed
right of appeal, shall determine whether the objec-
tion is reasonable, and, if they think it is reasonable,
shall require any voluntary association concerned to
take such steps as may seem necessary to remedy
the grievance.
12. (i) A committee shall be established by
Religious Order in Council to be called the Re-
Instruction Committee of the
committee of
Board of Board of Education to advise and assist
Education. fae Board j n carrying out this Act.
(2) The committee shall be representative of the
voluntary associations appointed under this Act,
and shall consist of persons having experience in
the religious education of the young, and persons
qualified to represent the views of particular reli-
gious persuasions with reference to such education.
(3) Any question to be decided by the Board of
Education under this Act shall be referred by them
to the committee, which shall report to the Board
their opinion on the question, and where the ques-
tion mainly concerns the interests of one particular
religious persuasion shall obtain the opinion of the
representatives of that persuasion on the committee,
and report it to the Board together with their
opinion.
The Hope-Eden Draft Bill 45
13. (i) If the trustees of a public elementary
school not provided by a local education Transfer of
authority, subject to charitable trusts, are voluntary
of opinion, having regard to the rules schools -
respecting religious instruction enacted by this Act
with reference to all public elementary schools, that
it is unnecessary, in the interests of the objects
which the school was founded to promote, to con-
tinue the school as a public elementary school not
provided by a local education authority, they may
by agreement with the authority make an arrange-
ment for the use of the schoolhouse by the au-
thority for the purpose of conducting therein a
public elementary school provided by the au-
thority, subject to such terms and conditions as
to
(a) payment by the authority for the use of the
schoolhouse,
(fr) the use and control by the trustees of the
schoolhouse out of school hours,
(c) the termination of the arrangement in case it
should appear expedient in the interests of
the trusts, and
(ct) any other matters for which it may be desir-
able to make provision,
as may be agreed upon between the trustees and
the authority.
(2) For the purpose of effecting an arrangement
under this section, the trustees shall serve the local
education authority with an offer to treat, and shall
46 The Religious Question in Education
give public notice of the offer in the locality, and
shall afterwards also give public notice of the draft
of any agreement for the transfer. No further
action shall be taken in respect either of the offer
or the draft until at least one month after the
notice thereof has been given. A copy of any
such notice shall be sent to the managers of the
school.
(3) At any time before the expiration of the last
of the said periods the managers of the school, or
the parent of any child attending it, or any person
who has contributed to its establishment or main-
tenance, may appeal to the Board of Education
against the proposed arrangement, and, in the
event of any such appeal, the arrangement shall
not be made without the consent of the Board of
Education.
(4) Any action by the Board of Education under
this section shall be a matter in respect of which the
prescribed right of appeal shall lie.
(5) The power to make an arrangement under
this section shall in the case of public elementary
schools be substituted for the means of transferring
an elementary school to a local education authority
provided by section 23 of the Elementary Educa-
tion Act, 1870.
(6) No transfer shall take effect under this section
except with the consent of any person whose con-
sent is required by the trust deed to the alienation
of the school.
The Hope-Eden Draft Bill 47
(7) An agreement under this section shall have
effect as if enacted in this Act, but may be revoked
or varied by a subsequent agreement.
14. If, in the case of any school the trusts of
which have as their object the educa-
r L-IJ u 1 c Saving for
tion of children in the principles of any trusts having
particular church or denomination, the denomina-
trustees after the passing- of this Act tlonal
. , , ' c objects.
decide, with the consent of any person
whose consent is required by the trust deed to the
alienation of the school, not to continue the school
as a public elementary school not provided by a
local education authority, or to make an arrange-
ment for the use of the school by the authority
under the foregoing provisions of this Act, the use
of the schoolhouse by or on behalf of the trustees
for the religious, educational, and social purposes
of such church or denomination shall, for the pur-
poses of any scheme to be made by the court, or
under the Charitable Trusts Acts, 1853 to 1894, or
under the Endowed Schools Acts, 1869 to 1889,
have preference over any other use of it.
15. (i) If a teacher employed at the date of the
compensa- commencement of this Act in a public ele-
tionto mentary school not provided by a local
education authority satisfies the authority
in whose area the school is situated that he has lost
employment, or been obliged to accept employment
with a diminished salary, by reason of the school
ceasing to be a public elementary school in conse-
48 The Religious Question in Education
quence of this Act, or by reason of the school
becoming by virtue of an arrangement under the
foregoing provisions of this Act a school provided
by a local education authority, and that he has used
all diligence to obtain suitable employment, he shall
be entitled to be paid by the authority such an
allowance as the authority think just under the
circumstances, not exceeding, in cases where the
teacher has suffered complete loss of employment,
three times the amount of yearly salary to which he
was entitled at the commencement of this Act, and
in the case of a teacher who has been obliged to
accept a diminished salary, not exceeding three
times the amount by which his salary is diminished.
(2) Any teacher aggrieved by the decision of a
local education authority with respect to his appli-
cation for an allowance under this section may
appeal to the Treasury, and the Treasury may
proceed under this section in the same manner as
the authority could have proceeded.
(3) An allowance awarded under this section by
a local education authority or, on appeal, by the
Treasury, shall be paid by the authority as expenses
incurred by them under Part III. of the Education
Act, 1902, and shall be a debt due from the auth-
ority to the teacher.
1 6. (i) The conditions required to be fulfilled
by a college for the training of teachers Training
in order to obtain a grant out of any Colleges.
moneys provided by Parliament for educational
The Hope-Eden Draft Bill 49
purposes shall not contain any regulations with
reference to religious instruction except such as
are contained in this section or are required for the
purpose of carrying out this section and shall not
give any preference or advantage to any college
on the ground that it is or is not provided by a
local education authority.
(2) The regulations for religious instruction in
the case of a college not provided by a local educa-
tion authority shall be in accordance with the trust
deed of the college, if any, and shall be under the
control of the governing body.
(3) In the case of a college provided by a local
education authority, the regulations for religious
instruction shall be settled by the Board of Educa-
tion in consultation with the Religious Instruction
Committee, and shall contain such provisions for a
course of training in religious subjects for students
intending to serve in public elementary schools as,
regard being had to all the circumstances of each
case, including the provision made in other colleges,
will best secure a supply of teachers qualified to
give religious instruction in accordance with this
Act in public elementary schools.
17. (i) Any question arising under this Act
between any of the following persons or
bodies :
(a) the parent of any child attending a public
elementary school,
(6) the managers of any public elementary school,
4
5O The Religious Question in Education
(c) a local education authority,
(d) a voluntary association formed under this
Act,
(e) the governing body of any training college
not provided by a local education authority,
shall be determined by the Board of Education
subject to the prescribed right of appeal.
(2) The prescribed right of appeal under this
Act shall be an appeal in accordance with rules of
Court to a judge of the King's Bench Division of
the High Court of Justice to be annually appointed
for the purpose of hearing appeals under this Act
by the Lord Chancellor, the Master of the Rolls,
and the Lord Chief Justice.
(3) An appeal from the decision of the judge so
appointed on any point of law shall lie, by his leave,
to the Court of Appeal.
1 8. (i) Any child already in attendance at a
Transitory public elementary school at the date of
provisions. t ne commencement of this Act shall, for
the purposes of the entry in a register of chosen
instruction required by this Act to be made, be
deemed to be a child admitted to the school after
that date, and an entry shall be made in the re-
gister in respect of that child accordingly. Such
entry may, at the option of the parent, be made at
any time within six months after that date.
(2) In order to obviate undue disturbance of
arrangements existing at the commencement of this
Act the following provisions shall have effect :
The Hope-Eden Draft Bill 51
(a) A local education authority shall not, at the
commencement of this Act, be required to
make changes in the regular teaching staff
of a public elementary school in order to
render it suitable for the purpose of giving
chosen instruction in accordance with this
Act, but shall only be required to do so as
vacancies occur, and, pending the appoint-
ment of any necessary teachers upon the
occurrence of such vacancies, may, as herein-
before provided, employ for that purpose
persons not being members of the regular
teaching staff :
(6) A teacher who for one year prior to the
commencement of this Act has been accus-
tomed to give religious instruction in ac-
cordance with the principles of any religious
persuasion for which a voluntary association
has been formed under this Act, though not
holding the certificate of any such associa-
tion, shall be treated as qualified to give
such instruction for the purposes of this
Act unless and until such an association
declare him not to be qualified.
(c) A teacher, who at the commencement of
this Act is employed in a public elementary
school, shall be entitled, on stating in writ-
ing to the local education authority that he
has a conscientious objection to giving any
religious instruction, to abstain from giving
4*
52 The Religious Question in Education
that instruction without prejudice to his em-
ployment in the school, and shall be engaged
during the time set apart for religious in-
struction in the secular work of the
school.
19. (i) "Parent," in this Act, means the father
Miscei- of a child or, in the absence of the father,
laneous. t ne mother, or, in the absence of both
father and mother, the person having the legal
custody or control of the child. If any question
arises as to who shall be considered the parent of
a child for the purposes of this Act, that question
shall be determined by the Board of Education,
subject to the prescribed right of appeal.
(2) The word " Instruction," in this Act, when
used with reference to religious instruction includes
prayers or other devotional observances.
(3) Section 99 of the Elementary Education Act,
1870, shall have the same effect in respect of this
Act as, by article 7 of the Third Schedule of the
Education Act, 1902, it has in respect of that Act.
(4) The enactments mentioned in the Schedule
to this Act shall be repealed to* the extent specified
in the third column of that Schedule.
(5) This Act shall come into force upon the first
day of , 1911, or such later day, not being
later than the first day of , 1912, as the
Board of Education shall by order appoint, and
different days may be appointed for different local
education authorities.
The Hope-Eden Draft Bill
53
(6) This Act may be cited as the Education
(Religious Instruction) Act, 1911, and shall be
construed as one with the Education Acts 1870 to
1909, and this Act and those Acts may be cited as
the Education Acts 1870 to 1911.
SCHEDULE.
ENACTMENTS REPEALED.
Session and
Chapter.
Short Title.
Extent of Repeal.
33 & 34 Viet.,
c. 75.
2 Edw. VII.,
c. 42.
Elementary Education
Act, 1870.
Education Act, 1902.
In section 7, the words in regula-
tion (2) from " shall be either"
to "meeting and " and in regu-
lation (3) from the words "so
however" to the end of the
regulation ; in section 14, regu-
lation (2).
Section 6 ; in section 7, the words
in paragraph (a) of subsection
(i) " and for the dismissal of
any teacher on educational
grounds," paragraph (c) of
subsection (i), subsection (5),
subsection (6), and all the
words in subsection (7) after
"Act"; in section 12, sub-
section (3) ; in the first schedule,
all the words in paragraph (i)
of part B. after " fit," and
paragraphs (4) and (5) of part
B.
COMMENTS BY THE EDITORS.
This Bill merits the serious attention of educa-
tional reformers as setting forth a complete scheme
for meeting the religious difficulty now associated
with elementary education. Every care is taken to
remove the religious grievances of all sections of
54 The Religious Question in Education
the community, and even those of an infinitesimal
number of parents in any school are not brushed
aside, but provision is to be made for them as far
as practicable. We may say that in this Bill we
have the principle of parents' rights over the re-
ligious instruction of their children carried out to
its logical conclusion. This principle is very clearly
and ably set forward in the explanatory memoran-
dum prefixed to the Bill.
The Bill virtually makes fitness and willingness
to give one or other of the kinds of religious in-
struction desired by the parents the determinative
factor in the choice of the staff, and in the require-
ment of future changes in the staff. Nothing can
be said against this as a matter of principle, the
teacher is in loco parentis, and in so sacred a matter
as religion ought theoretically to represent the
parent. But it is useless to disguise from ourselves
that whilst this scheme could be carried out on a
small scale without much friction, applied universally
it would be a very serious change in the administra-
tive organization of council schools, and hardly
likely to be assented to by the local education
authorities as it would limit their present freedom
and increase the complexity of administration.
Thus, it would become more difficult to grade the
schools, i.e. by assigning to some more advanced
or more practical work than to others. The statu-
tory duties which it is proposed to lay upon the
local education authorities would, for reasons of
The Hope-Eden Draft Bill 55
economy, limit their choice of teachers, and cause
them, in making appointments to the staff of any
school, to consider the qualification of the candidate
to give one or other desired form of religious in-
struction before considering his or her fitness to
give the particular form of secular instruction which
might in their judgment be needed in the particular
school. To put the matter plainly, the Bill will be
viewed with satisfaction or dislike by those respec-
tively who attach the more importance to the
religious or to the secular side of education, for
whilst it proceeds on religious principles and methods
which are true and just, it would not make the
development of national education on its secular
side an easy task. We think this must be borne in
mind in estimating its chances of acceptance by the
country.
The measure is based upon a principle which,
if accepted, should apply to every grade of educa-
tion. It is, however, limited to public elementary
schools and training colleges. Having said this
much on the general character and scope of the
Bill, a few remarks must be made on various
clauses.
It has been objected that the four categories in
clause 2, though on the broad lines recognized in
Germany, do not cover the whole ground, and that
there are parents who would prefer for their children
(so far as the work of the public elementary school
is concerned) a united form of religious teaching
56 The Religious Question in Education
not distinctive of any denomination or group of
denominations, but having a Christian, or at least
a Biblical character (not by any means necessarily
the same thing), and that these would not find their
requirements met. But they would, under clause 3,
have this " exceptional " instruction provided for
them, "subject to the conditions and provisions
applicable in the case of the said four classes of
instruction ". The Religious Instruction Committee
of the Board of Education, however, to which
(clause 12 (3)) any question to be decided by the
Board of Education under the Act must stand re-
ferred, is only to represent the four religious per-
suasions mentioned in section 2, and might be
deemed imperfectly representative of the varieties
of opinion which must be taken into account. This
committee has large powers, at any rate of delay,
and the questions to be referred to it include many
difficult matters as to the appointment and transfer
of teachers, and as to the constitution and future
reorganization of boards of local managers. It is
not easy to suggest a method by which representa-
tives of these non-denominationalists could be
secured. But on referring to the Bill Sine Nomine
(p. 208) it will be noticed that the author has this
class of parent in view and makes an attempt to
secure its representation.
Clause 5. If a child were refused admission, e.g.
to a Roman Catholic school on the ground that
more suitable accommodation were provided else-
The Hope-Eden Draft Bill 57
where, presumably the local education authorities
would have to decide whether such accommodation
was accessible.
Clause 6. The Bill appears to propose that the
" Anson by-law " should nowhere be permitted.
Clause 7. The methods by which it is proposed
to elect the two managers representative of the
parents of children attending the school are not
denned. The limitation of foundation managers
to two out of six would shift the control of the non-
provided schools from the trustees to the elected
bodies. This is no doubt intended but needs
pointing out. On the other hand, the managers in
provided schools have not at present any special
connexion with religious education, and are ap-
pointed for wholly different purposes. There might
have to be a separate clause for London where
two-thirds of the managers in provided schools are
appointed by the borough councils. The extent of
the repeal of the Education Act, 1902, so far as it
refers to this clause is not made clear.
Clause 8. Though we understand that the
Association of Church Teachers has approved the
Bill, this clause would be certainly opposed by such
bodies as the National Union of Teachers and their
political sympathizers as imposing "tests," for the
teachers would be expected to get certificates of fit-
ness from the different denominational associations.
But there is no getting away from the fact that if
the State decides that religion, no matter of what
58 The Religious Question in Education
kind or kinds, is to be part of education, the teachers
giving it must be qualified for this as for other parts
of their work. This fact is too often evaded, but
sooner or later the legislature must face it. The
arrangements of the Bill would remove the main
grievance of Nonconformist teachers that they are
debarred from the headships of Church schools.
The local education authorities would keep a creed
register of the teaching staff (as in parts of
Germany), so that vacancies might be filled, not
only with a specialist in arithmetic or science, but
with a teacher qualified to give the particular re-
ligious teaching needed. It would be complicated
and inconvenient but not administratively im-
possible.
Clause 9 seems to be inviting trouble. There
would be very great temptation to stretch it to
cover, let us say, a Welsh revolt.
Clause 10. In most cases existing diocesan or-
ganizations or Free Church councils would be con-
stituted as the "Voluntary Associations," but the
inclusion of a few representatives of the teachers is
a very wise provision.
Clause 12. There is unfortunately no great
confidence in the fairness of the Board of Educa-
tion, and the establishment of a permanent central
committee to deal with difficulties arising under the
Act would probably be welcomed.
Clause 1 3. The facilities for transferring existing
buildings would be largely used as the managers of
The Hope-Eden Draft Bill 59
non-provided schools would be deprived of real
power. The provision that rent should be paid
for them would be opposed by those who consider
that the buildings were erected for educational
purposes primarily, and should be at the disposal
of the community free of charge, and there is noth-
ing to show that the rent would be used for any
school purposes (subsection 5). It should be noted
that section 19 of 1870 is also used to cover the
acquisition of schools by the local education au-
thorities. Clause 13 as a whole applies only to
non-provided trust schools, not to privately owned
schools. The substitution in section 5 looks like
a general repeal of section 23 of the Elementary
Education Act of 1870, but should not this section
be retained in force for privately owned non-pro-
vided schools?
Clause 14. Could not this clause be so arranged
as to make schemes unnecessary ?
Clause 1 6. The principle that teachers should
receive instruction in religious as well as secular
subjects in the training colleges is a very important
one, and a necessary corollary of the assumption of
the Bill that religion is one of the normal parts of
education. The practice of turning out teachers
from training colleges established by local authori-
ties without such instruction, and then employing
them to handle the Holy Scriptures in the provided
schools and give teaching therefrom to the children
without any inquiry as to their fitness and capabili-
60 The Religious Question in Education
ties, is a great weakness in the present position of
religious education in our State schools.
Two examples of schools worked more or less on
the lines of this Bill may be found in what is
practically a provided school, i.e. Drury Lane Day
Industrial School, which has been so conducted for
the last seventeen years, first under the old London
School Board and then under the London County
Council, and, secondly, in the Non-Provided Church
School at Oakham. As we said at the beginning,
there is nothing to prevent the scrupulously fair
and logical provisions of this Bill being carried into
effect by local education authorities on a small scale.
It is when these provisions are universally applied
over the entire system of elementary education that
the difficulties we foresee will have to be faced.
III.
PROPOSALS FOR EDUCATION BILL.
BY MR. GEORGE ACKROYD AND MR. ARTHUR T. PERKINS
(YORK HOUSE OF LAYMEN).
EXPLANATORY MEMORANDUM.
THE intention of the present Bill is to afford relief
to persons who hold conscientious objections to
contributing through the elementary education rate
any part of the expense of maintaining denomina-
tional religious education, and to give to those who
desire it an opportunity to support denominational
schools. It is proposed to do this by providing
that every occupier of premises in respect of which
such a rate is made may, by completing and signing
a form of declaration, allocate the rate paid on the
premises in his occupation to provided or non-pro-
vided schools, and that the rate so allocated shall
be expended accordingly.
A large part of the rate will remain unallocated,
and with regard to this part it is obvious that no
consciences can reasonably be offended whether it
be applied to provided or to non-provided schools.
This unallocated rate affords the opportunity of
61
62 The Religious Question in Education
removing many of the difficulties which might
occur.
There will be available in any area for the pro-
vision and maintenance of provided schools the
amount of rate allocated to provided schools plus
the amount of the unallocated rate.
There will be available in any area for the main-
tenance of non-provided schools the amount of rate
allocated to non-provided schools plus the amount
of the unallocated rate.
Difficulty will arise in two cases only :
(a) where the amount allocated to provided
schools is greater than the amount required
for such schools, and where consequently
the amount allocated for non-provided
schools, taken together with the amount un-
allocated, is insufficient for the maintenance
of the non-provided schools.
(b] where the amount allocated to non-provided
schools is greater than the amount required
for such schools, and where consequently
the amount allocated for provided schools
taken together with the amount unallocated
is insufficient for the provision and mainten-
ance of the provided schools.
(a) It is proposed to meet the former difficulty
by providing that in such cases the number
of non-provided schools maintained shall be
reduced as far as may be necessary. Ma-
chinery is provided for the selection of the
Allocation of Rates Bill 63
schools to be closed, with an appeal to the
Board of Education.
(6) The latter difficulty is to be met by the local
education authority taking steps to ascertain
the wishes of the parents as to the religious
education to be provided, and maintaining,
and, if necessary, providing accommodation
for, denominational religious instruction
(notwithstanding the " Cowper-Temple "
clause), or affording facilities for the giving
of such instruction in school hours, for
children whose parents desire it.
Provision is made for carrying forward an excess
of allocated rate in any year, so as to be expended
in a following year, and for the mutual transfer be-
tween local education authorities of sums allocated.
With regard to single school districts provision
is made
(a) for facilities in provided schools within school
hours for denominational instruction for
children whose parents desire it.
(b) for facilities in non-provided schools within
school hours for religious instruction differ-
ing from that given in the school for children
whose parents desire it.
This last clause (clause 8) is not a fundamental
part of a Bill for the allocation of the elementary
education rate. It is inserted merely as an example
of what might be done towards meeting the peculiar
difficulties of single school areas.
64 The Religious Question in Education
A BILL TO PROVIDE FOR ALLOCATION OF
RATES APPLICABLE TO THE PURPOSES
OF ELEMENTARY EDUCATION.
ARRANGEMENT OF CLAUSES.
Clause Page
1. Power to allocate rate applicable to elementary educa-
tion ......... 64
2. Declaration of allocation 65
3. Ascertainment and publication of particulars of alloca-
tion made ........ 65
4. Allocation made to be regarded in expenditure of
proceeds of rate . . . . . . -67
5. Excess of allocation for provided schools ; closing of
non-provided schools; appeal . . . .68
6. Excess of allocation for non-provided schools ; provi-
sion of or of facilities for denominational instruction 7 1
7. Carrying forward or exchange of balances of allocated
rates ......... 73
8. Single school areas 74
9. Short title 76
SCHEDULE 76
Be it enacted by the King's most Excellent
Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons in
this present Parliament assembled, and by the
authority of the same as follows :
1. It shall be lawful for any person whose name
appears on the rate book as in occupation
Power to *. r . r i i
allocate rate Of any premises in respect of which any
applicable to rate is made any part of which is applic-
elementary able for ^ purposes Q f p art JJI. of the
education. . x A .
Education Act, 1902, to allocate in the
Allocation of Rates Bill 65
manner hereinafter provided to schools provided
by the local education authority, or to schools not
provided by the local education authority, such
part of any rate made in respect of such premises
as is applicable for the purposes aforesaid, and it
shall be the duty of every local education authority
within whose area any such allocation has been
made to comply with the provisions relating to
the expenditure of any such rate hereinafter con-
tained.
2. After the day of and be-
fore the day Of in the Declaration
year 19 , and in every fifth year there- of allocation.
after or at such shorter intervals as the local educa-
tion authority may decide upon, the overseers of
the poor shall serve or cause to be served with
every demand made by them or on their behalf for
any such rate as aforesaid, and shall on application
provide free of charge to any person who is not
assessed to such rate or who has not received such
form but whose name appears on the rate book as
in occupation of any premises in respect of which
any such rate is made, a form of declaration in
accordance with either of the forms set out in the
Schedule hereto, or in such other form as may be
sanctioned by the Local Government Board, in
which shall be inserted the name of the occupier and
the number of the assessment
3. (i) A person whose name appears on the
rate book as in occupation of any such premises
5
66 The Religious Question in Education
as aforesaid, and who receives such a form as afore-
Ascenain- said, may at any time before the 3ist
mem and Jay of July next following the receipt
thereof return the said form filled in and
of particulars
of allocation signed in accordance with the directions
made. therein contained to the overseers by
whom such form was supplied, and such overseers
shall cause an entry to be made in a separate
column or columns in the rate book of the effect of
each such declaration so returned to them, giving
the rateable value of the premises and indicating
whether such form is marked in favour of provided
or of non-provided schools in accordance with the
declaration contained therein.
(2) The overseers of each parish or district within
the area of a local education authority shall, as soon
as may be after the said 3ist day of July and before
the next ensuing 3Oth day of August, make a return
to the local education authority as to the declara-
tions which have been so returned to them showing
the total amount of rateable value set out in de-
clarations made in favour of schools provided by
the local education authority and the total amount
of rateable value set out in declarations made in
favour of schools not so provided.
(3) These returns shall be submitted by the local
education authority to the auditor appointed for the
area of the said authority pursuant to the District
Auditors Act, 1879, and such auditor shall, after
taking such steps as he may think necessary to
Allocation of Rates Bill 67
verify the said returns, give to the local education
authority not later than the 3ist December next
ensuing after the submission of such report, a
certificate showing the number of declarations re-
turned by occupiers of premises within the area of
the local education authority made in favour of
schools provided by the local education authority,
and the total amount of the rateable value of the
premises in respect of which such declarations are
made and the number of such declarations made in
favour of schools not so provided and the total
amount of rateable value of the premises in respect
of which such declarations are made and also the
amount of the rateable value of the whole of the
premises within the area of the said authority in re-
spect of which no such declarations have been made.
(4) The said certificate shall be published in not
less than two newspapers circulating in the area of
the local education authority and shall continue in
force until another certificate shall have been given
under the provisions of this section.
4. (i) In any financial year of any local educa-
tion authority commencing later than the Allocation
day of ,i9> the ex- made to be
penditure of the local education authority ^liciiture
out of rates for the purposes of Part III. of proceeds
of the Education Act, 1902, upon the ofrate -
whole of the schools provided by the local education
authority shall not save as is hereinafter provided
exceed the amount calculated to be produced by
5*
68 The Religious Question in Education
the precept or precepts issued to meet such ex-
penditure during that year in respect of premises of
the total rateable value certified in the said certificate
to have been allocated to schools provided by the
local education authority, together with the amount
calculated to be so produced in respect of premises
of the total rateable value certified in the said certi-
ficate to have been unallocated.
(2) The expenditure of the local education au-
thority in any year out of rates for the purposes of
Part III. of the Education Act, 1902, upon the
whole of the schools maintained but not provided
by the local education authority shall not exceed
the amount calculated to be produced by the precept
or precepts issued to meet such expenditure during
that year in respect of premises of the total rateable
value certified in the said certificate to have been
allocated to schools not provided by the local
education authority, together with the amount cal-
culated to be so produced in respect of premises of
the total rateable value certified in rhe said certificate
to have been unallocated.
5. ( i ) If a local education authority shall at any
Excess of time be of opinion that the sum calculated
allocation to be produced by any precept or precepts
for provided to b e i ssuec j { n the next ensuing financial
5 ', year for a rate or rates to be levied for the
closing of i
non-provided purposes of Part III. of the Education
schools; Act, 1902, on premises of the rateable
value certified in the said certificate to
Allocation of Rates Bill 69
have been allocated to schools provided by the local
education authority will exceed the sum required
out of rates in respect of schools so provided, the
local education authority shall issue to the corre-
spondent of every school not provided by them
within their area or to some association or associa-
tions of voluntary schools having authority to receive
such notice on their behalf a notice stating such
excess and requiring the managers of such schools
within a time not less than one month to be stated
in such notice to select which school or schools
within their area shall cease to be maintained by
the local education authority.
(2) If at the expiration of such time from the
delivery of such notice the managers of such schools
or an association or associations authorized to act
on their behalf have selected which school or
schools shall cease to be maintained, the local
education authority at the expiration of one year
from the expiration of the said time shall cease to
maintain the school or schools so selected.
(3) If no such selection has been made by the
managers or by an association or associations au-
thorized to act on their behalf, or to the extent to
which the cost of maintenance of the school or
schools so selected falls short of the said excess so
stated, the local education authority to such an
extent as may be required to meet such excess
shall select which school or schools shall, having
regard to educational efficiency and economy of the
7O The Religious Question in Education
rates and to the wishes of the parents, cease to be
maintained as schools not provided by them, and
shall give to the correspondent of each such school
a notice that at the expiration of twelve months the
local education authority will cease to maintain
it.
(4) Within one calendar month of the receipt of
such notice the managers of the school to which it
relates or any association authorized to act on their
behalf may appeal to the Board of Education either
on the ground that the sum so calculated to be pro-
duced by the precept or precepts so to be issued
will not exceed the sum required out of rates in
respect of schools so provided or on the ground
that the proposal in such notice is not required for
the purpose of meeting such excess, or on the
ground that having regard to educational effi-
ciency, economy of the rates, and the wishes of the
parents, some other school or schools should be
selected.
(5) The Board of Education shall, after holding
a public inquiry, determine whether such school
shall or shall not cease to be maintained, and on the
hearing of such appeal shall assume, unless and
until evidence to the contrary is adduced, that the
expenditure per head of average attendance out of
rates in the schools provided by the local education
authority, and in schools not so provided through-
out their area, will be equal to the average expendi-
ture per head of average attendance out of rates in
Allocation of Rates Bill 71
such schools so provided and not so provided re-
spectively in the last complete financial year, and
that the number of children in average attendance
in such schools will be equal to the average attend-
ance in such schools in the said last financial year,
and that the precept or precepts for rates for the
purposes of Part III. of the Education Act, 1902,
will produce the same amount or amounts as the
amount or amounts produced in the last preceding
financial year.
(6) At the expiration of the said period of twelve
months the local education authority, if no such
appeal is brought, or if on the hearing of such appeal
the Board of Education determine that the school
so selected shall cease to be maintained, shall cease
to maintain the said school so selected.
6. ( i ) If a local education authority shall at any
time be of opinion that the sum calculated Excess of
to be produced by any precept or precepts allocation
to be issued in the next ensuing financial o^ d
year for a rate or rates to be levied for schools ; pro -
the purposes of Part III. of the Educa- vision of or
A ' f ' c of facilities
tion Act, 1902, in respect of premises of fordenomi
the rateable value certified in the said national
certificate to have been allocated to instruction,
schools not provided by the local education authority
will exceed the sum required in respect of schools
maintained but not provided by the local education
authority, the local education authority shall take
such steps as appear to them to be necessary to
72 The Religious Question in Education
ascertain the wishes of parents of children attending
schools provided by them as to the religious char-
acter of the education to be given to such children,
and shall to the extent of such excess maintain an
additional school or schools not provided by them,
or if and so far as an additional school or schools
not provided by them is or are not available within
their area for the purpose shall provide and main-
tain to the extent of such excess with such addition
thereto from the unallocated rate as may be deemed
by the local education authority to be necessary
school accommodation in which religious teaching
of a denominational character shall be permitted to
be given.
(2) In schools so provided and to the extent of
such excess maintained, the local education authority
shall, notwithstanding anything contained in section
14 of the Elementary Education Act, 1870, provide
religious instruction of a denominational character
to children whose parents desire them to receive
such instruction, and shall, when they do not provide
such religious instruction, afford facilities for the
giving of such instruction on the school premises
in school hours, so far as is reasonably practicable,
to any organization which is approved by the local
education authority as representative of any de-
nomination or denominations to which children
attending the school belong. Expenditure upon
schools so provided or maintained shall be deemed
for the purposes of section 4 of this Act to be ex-
Allocation of Rates Bill 73
penditure upon schools not provided by the local
education authority.
7. (i) In every financial statement made by a
local education authority pursuant to sec- carrying
tion 1 8 of the Education Act, 1902, there forward or
shall be included a statement in a form to ^ a ^
be prescribed by the Local Government allocated
Board showing the amount of the excess, rates -
if any, of the money allocated pursuant to the pro-
visions hereinbefore contained over the expenditure
actually incurred in the financial year in respect of
schools provided and not provided by the local
education authority respectively.
(2) The local education authority may either
carry forward such excess to be expended in the
ensuing year in accordance with the allocation de-
clared in respect of it in the maintenance of schools
provided or not provided by the local education
authority as the case may be, or may pay to another
local education authority any sum not exceeding
the amount of such excess in exchange for an equal
sum of money which has been allocated for use in
respect of schools not provided or provided by the
local education authority as the case may be, and
may on the completion of such exchange apply the
sum so received by them in discharge of expenses
incurred in respect of schools not provided or pro-
vided by them in accordance with the declarations
made in respect of such sum so received by
them.
74 The Religious Question in Education
8. In every parish or group of parishes which
single school is served by not more than one public
areas. elementary school the following provisions
shall have effect in respect of the school by which
such parish or parishes are served.
(a) If the school is a school provided by the local
education authority, the local education authority
shall, notwithstanding anything contained in section
14 of the Elementary Education Act, 1870, afford
facilities in the schoolhouse during a period of not
less than half an hour within school hours on not
less than three days in each week, during which the
school is open, for religious teaching of a denomina-
tional character to be given to children whose parents
desire that they shall receive it.
(b) The teachers on the school staff may be
employed but shall not be compelled to give such
teaching, and when they are so employed the ex-
penditure incurred in respect of the salary of any
teachers so employed shall be deemed to be ex-
penditure in respect of a school not provided by the
local education authority.
(c) When such teaching is given by any person
other than a teacher on the school staff, the person
or persons giving such instruction must be approved
for the purpose by the local education authority,
provided that when the local education authority
refuse to approve any person nominated by the
parents of more than (ten) children attending any
school, the parents nominating such person may
Allocation of Rates Bill 75
appeal against such refusal to the Board of Educa-
tion, and thereupon the Board of Education shall
determine whether such person shall or shall not be
approved for such purpose.
(rtf) If the school is a school not provided by the
local education authority the managers of the school
shall afford facilities in the schoolhouse during a
period of not less than half an hour within school
hours on not less than three days in each week,
such half hour being on each occasion a part of the
time set apart for religious instruction, for religious
teaching of a character other than that which is pro-
vided in the ordinary curriculum of the school to be
given to children whose parents desire that they
shall receive it.
(e] The teachers on the school staff may be em-
ployed to give, but shall not be compelled to give,
such teaching, and when they are so employed the
expenditure incurred in respect of the salary of any
teacher so employed shall be deemed to be expendi-
ture in respect of the school unless the religious
teaching so given does not contravene the provisions
of section 14 of the Elementary Education Act,
1 870, in which case it shall be deemed to be ex-
penditure in respect of a school provided by the
local education authority.
(/) Where such teaching is given by any person
other than a teacher on the school staff the person
or persons giving such instruction must be approved
for the purpose by the managers, provided that
76 The Religious Question in Education
when the managers refuse to approve any person
nominated by the parent of a child attending the
school such parent may appeal against such refusal
to the Board of Education.
p. This Act may be cited as the Elementary
Education (Allocation of Rates) Act,
Short title.
191 .
SCHEDULE.
Form of Declaration. No. of Assessment
Allocation of rate made for the purposes of Part
III. of the Education Act, 1902, in the area of the
(Jill in name of local education
authority for such purposes].
I, A. B., being the person whose name appears
in the occupiers' column of the Rate Book for the
(fill in name of parish or place
within which the premises are situate], as occupier
of (fill in description and rateable
value of property as they appear in the rate book],
hereby declare that I am in occupation of the said
premises, and that I desire such part of the rates
levied in respect of such premises as is applicable
for the purposes of Part III. of the Education Act,
1902, to be applied wholly to
* cross out (* Schools provided by the local education
the part of authority.
the Declara- S t , , j i i_ i i ij
tion which is Schools not provided by the local edu-
not desired. { cation authority.
(Signed) A. B.
(This form may be signed by the person named
Allocation of Rates Bill 77
therein, and if so signed and returned on or before
the day of 19 , to the
(fill in name of overseer or assistant-
overseer, and address to which the form is to be
returned], it will be effective for the purposes of the
Elementary Education (Allocation of Rates) Act,
191 , from the day of , 19 ,
so long as the said person remains in occupation of
the said premises or until another similar form is
signed and returned in respect thereof.)
Alternative Form of Declaration which may be
used on any demand for rates relating to any tene-
ment or tenements which is or are separately
assessed :
I, A. B., being the occupier of the hereditaments
included in the above assessment, declare that I
desire such part of the rates levied in respect of
such hereditaments as is applicable for the purposes
of Part III. of the Education Act, 1902, to be
applied wholly to
* cross out t* Schools provided by the local education
authority.
the Declara- -I - -, . , -111
tion which is Schools not provided by the local edu-
not desired. { cation authority.
(Signed) A. B.
COMMENTS BY THE EDITORS.
Allocation of rates is an expedient which has for
its primary object the removal of political difficulty.
78 The Religious Question in Education
From the earliest application of public monies to
education these funds have been bestowed on the
schools of various churches and denominations, but
these funds were provided by taxation. The Educa-
tion Act of 1902 first devoted rates to the upkeep
of denominational as well as undenominational ele-
mentary schools, 1 and the resistance to this Act took
the shape of " Passive Resistance " on the part of
many Nonconformists, i.e. the refusal to pay their
educational rate except under distress. The reply
of Churchmen and other denominationalists that
(i) there can be no difference in principle between
rates and taxes, (2) that, as all denominations join
in paying rates, all should share in them, and (3)
that a far larger proportion of the rates go to the
undenominational teaching which many of them
dislike and fear as much as the Nonconformist dis-
likes Church or Roman Catholic teaching, has
produced no political effect. By allocation of rates,
therefore, it is proposed to remove the grievance
of the Nonconformists in the most unanswerable
manner. It is no doubt a very attractive proposal,
and because of its political character the scheme has
been viewed with favour by many politicians. But
this makes it the more necessary to point out the
administrative difficulties which lie in its path. The
fundamental objection that it is a step towards an
individualism of an extreme and anti-social kind
1 But in industrial schools, etc., rates have long been devoted to
denominational teaching.
Allocation of Rates Bill 79
leading to administrative anarchy is perhaps too
philosophical a thesis for discussion in these pages.
We propose in the first instance to print the
exhaustive criticism of the principle of rate alloca-
tion by Sir Theodore Hope, K. C.S.I., C. I.E.,
which first appeared in the "School Guardian" of
8 August, 1908, and which seems to us to be gener-
ally applicable to all the schemes which we have
yet seen, including the one now before us.
" SIR THEODORE HOPE'S CRITICISM OF RATE
ALLOCATION.
" i. This may be taken to mean the earmarking
by individual ratepayers of their elementary educa-
tion rate for application only to schools giving a
specified kind of religious teaching.
" 2. Such allocation may have either of two
objects in view, namely :
" (a) The mere liberation of the conscience of the
individual ratepayer, by the employment of his
money in giving a particular kind of religious teach-
ing say Anglican, Undenominational, Roman, etc.
which alone he favours, or
" (b] The constitution of a basis for the authorities
on which to provide in all public schools religious
teaching in accordance with the wishes of the rate-
payers, as indicated by the allocation.
"3. The first sort of allocation presents com-
paratively little difficulty in the case of persons on
whom rate-demand notes are served. A blank
8o The Religious Question in Education
column or a detachable declaration might be pro-
vided in the note in which the payer could enter
his allocation. The amount would be credited in
a special account, and applied to any school or
schools in the local or county area which were of
the type indicated. Financially, this would make
no difference, because the necessary schools would
be provided in any case. In the case of persons
not directly rated, all the difficulties would arise
which will be indicated presently in respect of the
second sort of allocation, but strong conscientious
scruples might be satisfied by allowing any indivi-
dual who felt such to allocate if he claimed to do
so, and could show what amount of rate he in-
directly paid.
"4. The second sort of allocation needs precise
and general application, because upon it would
depend the extent and nature of the provision to
be made by the local education authority for the
several types of religious teaching, and also the
changes in the proportions of such provision re-
quired in obedience to the variations from time to
time occurring in the allocation. In considering
this, two questions arise :
"(0) Can allocation be, in practice, obtained from
the bulk of the rate-payers direct and indirect and
"() If obtainable, would it enable religious
teaching according to the wishes of parents to be
provided ?
" For the examination of these questions infor-
Allocation of Rates Bill 81
mation has been sought from the appropriate de-
partments of the London County Council and of
the Town Clerk of the borough of Kensington,
which has in all cases been most kindly and effec-
tively rendered. It is obvious that in small rural
areas difficulties of all kinds will be less than in
towns and cities, but in the latter the task is much
more formidable, and as London comprises the city
and twenty -eight metropolitan boroughs, each with
its distinct rating organization, they may appropri-
ately be used as typical.
" 5. Practicability may be considered first. It
has already been said (paragraph 3) that it is quite
possible to issue demand notes comprising a de-
claration for the allocation to persons simply paying
their own rates. But this would produce far too
limited an allocation. There are also the com-
pound tenants, whose rates are recovered through
the landlord ; the ' inclusive ' tenants, whose rates
are not assessed separately, but lumped up in the
landlord's rate; and the 'lodgers,' who also are
similarly dealt with because their landlord lives on
the premises. To serve separate declaration forms
on these would be a very formidable task. Even
if served and returned, it would be next to impos-
sible to fix even an approximate rate in each case,
for rents may vary from week to week, tenants
come and go ; moreover, the transient wishes of
such individuals could afford no reliable basis for
religious inferences ; and, finally, those who know
6
82 The Religious Question in Education
this class of persons best think that they mostly
would never return the declarations, either because
they thought anything connected with rates was
their landlord's affair, or from pressure of other
cares and indifference. It may be added that these
' declarations ' would in all cases involve great
trouble and no trifling expense, and that landlords
would not undertake them without compensation.
"6. The magnitude of the proposed undertak-
ing will appear from the following abstract of a
return showing the number of separate properties
and their rateable value in every parish in the
London area, divided as up to 20 inclusive, which
is the limit of the compounding system.
-
Number of
Properties.
Rateable Value.
1908
Estimated.
1896.
Per
cent.
1901.
Per
cent.
Properties.
Values.
Properties not exceed-
ing 20 rateable value
Properties exceeding
20 rateable value .
309,567
393.552
44
56
4,092,861
35,676,208
IO'29
8971
356,850
436,150
4,545,000
39,794,825
660,768
IOO
39,769,069
IOO
793,000
44,339,825
" The contrast between number and value is re-
markable, but it is intensified in individual parishes.
In some parishes, again, the large number of small
properties is counterbalanced as to rateable value
by a few high assessments. There are also parishes
in which the number of small properties is trifling.
Allocation of Rates Bill
It should be noted, also, that many of the 'pro-
perties' contain several lodgers or inclusive tenants.
The following table shows this condition in two of
the districts of the Borough of Kensington.
District.
Number of
Dwelling Houses.
Number let in
Tenements.
Number of
Tenements.
No. I
No. 2
2,638
2,534
617
1,028
2,400
4,250
In these two districts alone there are thus 10,177
separate individuals to be dealt with. The follow-
ing quotation from a letter of the Town Clerk of
Kensington will fittingly conclude this paragraph.
" ' In the case of compounded rates or tenements
let on the inclusive system I think it extremely
doubtful whether in the large majority of cases the
forms would ever reach the tenants. With my
personal knowledge of very large areas of tenement
properties I am satisfied that the number of forms
that would be returned to the rate-collector would
be infinitesimal. Further, I may express the opinion
that when the effect of the scheme became known
very few forms would be returned by the better
class of rate-payers, although a "passive resister"
who now pays the rate under protest might consider
his conscience cleared by filling in such a form of
declaration. I fear that the publication of the un-
satisfactory figures which I anticipate as the result
of the operation would show the futility of the
scheme, so that the same would become a dead
6*
84 The Religious Question in Education
letter. I may add that my collector of No. 2 dis-
trict, who has had thirteen years' official experience
as a rate-collector at Blackburn and six years at
Shoreditch before coming to Kensington, endorses
to the full the view which I have ventured to put
forward that the scheme propounded would be found
absolutely unworkable in practice.'
" 7. The results of allocation, supposing it were
started and carried out as far as its own unavoid-
able limitations would allow that is, more fully in
small rural areas, less and less so as the towns and
cities were of larger size may next be considered.
"(a) Looking first on the financial side, though
it is true that the cost of each school could be
furnished by its local education authority, such
statistics are often, especially in the greater areas,
not readily accessible, and would need special com-
pilation. To establish for every school a pro forma
Dr. and Cr. account, into which the allocations
would be worked so as to become a guide to the
administrative branch in their provision of religious
teaching, and justify increases or reductions in the
establishment, would be an intricate and laborious
task. Allowance would be needed, for instance, to
meet the varying cost of schools of similar size in
different localities. Frequent alterations in type of
school are also difficult and to be deprecated ; be-
sides which, the more incomplete the allocation, the
less real basis would there be for making any.
"< Annual allocations could not take effect
Allocation of Rates Bill 85
until the following school year, perhaps not before
a new allocation was in progress. A triennial or
quinquennial allocation, on the other hand, would
give no continuous evidence of wishes. In both
cases, a premium on local agitation and electioneer-
ing methods would be held out. In short, from
spasmodic 'stocktaking' no bona fide and reliable
results are likely to be obtained.
" (c] Such results are, moreover, not to be ex-
pected from any pecuniary test. The mere sum
allocated proves no religious preference on the part
of the body of rate -payers. It may arise merely by
a minority being richer than a majority. We have
seen that in London 44 per cent of rateable pro-
perties are in value of only 20 and under, but the
rates paid on them are only 10 per cent of the
whole. The bulk of the classes using the public
elementary school are consequently in the least
valuable properties. Hence, in allocation their
weight would be light, though their claim numeri-
cally might be heavy : the upper classes, who make
little or no use of the schools, might have an undue
preponderance.
"(cT) The parents, as such, would be nowhere,
whereas they have rights, which ought to be re-
spected effectively in all cases.
"8. In conclusion, the preceding investigations
may be thus summarized :
" A. Rate allocation as a relief to individual
consciences may be put in operation with no serious
86 The Religious Question in Education
difficulty, but it will have no administrative
effects.
" B. Rate allocation as a basis for the provision
of religious instruction in accordance with the wishes
of the rate-payers is not practicable because
"(0) The difficulties of obtaining allocation from
all rate-payers are (except in small areas) practically
insurmountable. The objections to acting when,
through such difficulties or per incuriam, only a
small proportion of rate-payers allocate are obvious.
No process not practically reaching all can honestly
be accepted as the voice of the rate-payers or the
parents.
" (<$) Supposing a tolerably general allocation to
be attempted, the administrative difficulties of work-
ing it so as to secure the object in view are extreme.
"(c) Rate allocation can never justify the infer-
ence that a certain class of religious teaching does
or does not commend itself to the people in a locality
for their school. In fact, it is not a standard at all
in relation to religious preferences, and has no
foundation to warrant inferences from it in that
sphere. From the point of view of equality and
equity it is not only unnecessary but misleading.
"Some other method of adapting religious in-
struction to the several wishes of those parents who
desire it for their children is much to be desired.
Without such, no permanent settlement of the
education question can be expected."
Having selected the Ackroyd-Perkins Bill as
Allocation of Rates Bill 87
being in our judgment the best considered of all the
rate allocation schemes before us, we now proceed
to a few special criticisms of its provisions.
Clause 2. It appears from the Schedule men-
tioned in this clause that non-provided schools are
dealt with as if they were all of one denomination,
and, indeed, this policy is carried into effect through-
out the Bill.
Clause 5. This clause shows the difficulty which
will arise through thus dealing with the non-pro-
vided schools as a single entity. What prospect is
there of the managers or associations of different
denominational schools within an area agreeing as
to which school shall cease to be maintained ? And
can the views of the local education authority or
the Board of Education as to educational efficiency
and economy of the rates and to the wishes of the
parents be wholly relied upon when they have to
determine a struggle between rival denominations
as to whose school is to go ? In any case the clause
seems singularly provocative of strife.
Clause 7. This clause contemplates the establish-
ment of a kind of clearing-house in London in
order that the excess of rates allocated for either
provided or non-provided schools may be utilized
for the same class of schools in the area of another
local authority. This is not so simple a proceeding
as it looks. Many months will probably elapse
before the surpluses and deficits could be known
and the transfers carried out.
88 The Religious Question in Education
Clause 8. This clause is, as the promoters of
the scheme point out in their explanatory memo-
randum, apart from the main scope of an allocation
of rates bill. It goes upon lines common to many
other schemes, but it must be pointed out that the
difficulty here provided for is not limited to " Single-
school areas" ; it is to be found in all " One-kind-
of-school areas," and the clause should in fairness
be applicable to both.
IV.
EXPLANATORY MEMORANDUM TO DRAFT BILL
TO AMEND THE EDUCATION ACTS, 1870 to 1903.
BY DR. P. V. SMITH.
THE object of this proposal is to introduce into our
present system of elementary education the prin-
ciples of religious equality and parental rights or
duties, in as few clauses as practicable, so as to
ensure the least possible resistance in respect of
Parliamentary obstruction and expenditure of time.
Clause i makes the giving of religious instruc-
tion, to children who are not withdrawn from it by
their parents, obligatory in every public elementary
school ; as proposed by the Government Education
Bill of 1906, clause i.
Clause 2 provides that in every such school, if
a reasonable number of parents require it and
their children cannot conveniently attend some
other school in which it is normally given, special
religious instruction shall be provided, other than
that normally given in the school ; notwithstand-
ing, in the case of a provided school, the Cowper-
Temple Clause, and, in the case of a non-provided
school, the requirements of the trust deed. But
89
9O The Religious Question in Education
the local education authority is not to be put to any
additional expense by the provision of such special
religious instruction. (The principle of this clause
was recognized in the Bill of 1906, clause 3 (2).)
Clause 3 enforces the obligation of attendance
during religious instruction, except (i) where the
child is attending some religious observance or re-
ligious instruction elsewhere, and (ii) where the
child is withdrawn from religious instruction, in
which case it must attend to receive some secular,
or, it might be well to prescribe, some moral in-
struction. (See Bill of 1906, clause 8.)
Clause 4 provides for inspection, in religious in-
struction, but not at the expense of the local edu-
cation authority. (See Bill of 1906, clause' 7.)
Clause 5 relieves teachers from the obligation of
giving religious instruction or of subscribing to any
religious creed or attending or abstaining from at-
tending any Sunday school or place of religious
worship. (See Bill of 1906, clause 9 (2).) But if
willing and fit, they may give religious instruction
in their school. On the other hand religious in-
struction may, and where there is no teacher on
the staff willing and fit to give it, shall be given by
some other specially authorized person, but at no
additional expense to the local education au-
thority.
Clause 6 is intended to meet the scruples of
passive resisters in reference to non-provided
schools. For that purpose a local education
Dr. P. V. Smith's Bill 91
authority is empowered, but not required, to keep
an annual account in respect of every non-pro-
vided school, maintained by them, in which (a) the
school is to be debited with (i) the expenditure of
the local education authority on repairs, and (ii) ten
per cent of the salaries paid to the teachers who
give religious instruction according to the trust deed
of the school ; l and (b) the school is to be credited
(i) with one year's interest at 3 per cent on the
capital sum which the local education authority
would have had to spend if they had originally
provided the schoolhouse (exclusive of the teacher's
house), and on the amount spent by the managers
in improvements required by the local education
authority, and (ii) with rent for any rooms re-
quired by the local education authority for educa-
tional purposes out of school hours. Where an
account is so kept, and it appears that on a five
years' average there is a balance against the school,
the local education authority may require the
balance to be paid to them by the managers, and
may cease to maintain the school unless it is so
paid.
Clause 7 provides for an appeal to the Board of
Education, and in matters involving a question of
law, to the High Court of Justice.
^he amount deducted by the West Riding of Yorkshire County
Council before the proceedings which were finally decided in the House
of Lords on Dec, 14, 1906 (Att.-Gen. v. West Riding County Council
[1907], Law Rep. App. Ca. 29).
92 The Religious Question in Education
EDUCATION ACTS AMENDMENT BILL.
ARRANGEMENT OF CLAUSES.
Clause Page
1. No schools recognized as public elementary schools
unless provision is made for religious instruction . 92
2. Provision of special religious instruction where re-
quired by parents ...... 93
3. Attendance during time allotted to religious instruc-
tion .........
4. Inspection of religious instruction
5. Provisions as to teachers ......
6. Accounts of certain expenses of non-provided schools
7. Decision of questions under the Act .
8. Interpretation . . . .
9. Short title and extent ......
A BILL INTITULED AN ACT TO AMEND THE
EDUCATION ACTS, 1870 to 1903.
Be it enacted by the King's most Excellent
Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the
authority of the same as follows :
I. On and after the ist day of January, 19 , a
NO schools school shall not be recognized as a public
recognized elementary school unless some portion of
as public ele- 1111 r i
mentary tne scn ool hours of every day is set apart
schools un- for the purpose of the religious instruction
less provision Q f th ose children who are not withdrawn
is made for /- i
religious in- by their parents from religious instruc-
struction.
Dr. P. V. Smith's Bill 93
2. (i) In any public elementary school not-
withstanding any trust deed or enactment
regulating the religious instruction in the J
school, if the parents of a reasonable i ig i ous j n .
number of children attending the school struction
require that their children shall receive wbere re ~
- ...... . f quired by
some form of religious instruction of a pare nts.
different character from that which, but
for this section, they would receive in the school,
then, unless such children can conveniently attend
some other public elementary school in which re-
ligious instruction of the character required by the
parents is given, such arrangements as may be
practicable shall be made for the reception by such
children of that religious instruction instead of the re-
ligious instruction which but for this section they
would have received in the school, at the same time
and under the same conditions as they would have
received that instruction.
(2) No additional expense incurred in any public
elementary school by the giving of religious instruc-
tion of a character other than that which but for this
section would be given therein shall be paid by the
local education authority.
3. The obligation of a parent to cause his child
to attend school shall, notwithstanding Atten dance
any by-law, include an obligation to during time
cause the child to attend at the school- allo edtore -
house during the portion of the school struction<
hours allotted to instruction in religious [Bin of 1906,
Subjects: clauses.]
94 The Religious Question in Education
Provided that
(a) A parent or child shall not be subject to any
penalty or disability on account of the child
not being caused to attend at the schoolhouse
during any time so allotted, if the parent
has caused the child to attend during that
time some religious observance or instruction
in religious subjects elsewhere ; and
(6) during the portion of the school hours so
allotted, some form of secular instruction
shall be provided for children who are with-
drawn by their parents from religious instruc-
tion in the school.
4. ( i ) The local education authority may afford
ins tion suc ^ opportunities as they think fit for the
of religious inspection of any religious instruction
instruction, given in any public elementary school
' provided by them by a person not being
one of His Majesty's inspectors.
(2) , Where in any public elementary school re-
ligious instruction of a character required by the
parents under section 2 of this Act is ordinarily re-
ceived by not less than thirty children, reasonable
opportunities shall, if required by or on behalf of
persons responsible for the provision of such re-
ligious instruction, be afforded for the inspection of
such religious instruction.
(3) No expense incurred in conducting any inspec-
tion of religious instruction in a public elementary
school shall be paid by the local education authority.
Dr. P. V. Smith's Bill 95
5. (i) A teacher seeking employment or em-
ployed in a public elementary school Provisionsas
(otherwise than as a teacher of religious to teachers,
subjects only) shall not be required as part C Bi11 of I906 >
r j i clause 9 (2).]
of his duties as teacher to give any re-
ligious instruction, and shall not be required as a
condition of his appointment to subscribe to any
religious creed or to attend or abstain from attend-
ing any Sunday school or place of religious wor-
ship.
(2) A teacher in a public elementary school may
give any religious instruction authorized to be given
therein if he is willing and is deemed by the au-
thority or persons responsible for such instruction
to be fit so to do.
(3) Religious instruction in a public elementary
school may, and where there is no teacher willing
and deemed fit to give the same, shall be given by
some person or persons willing to give the same
and specially authorized by the local education
authority so to do. Provided that no additional
expense shall be incurred by the local education
authority by reason of the employment of such
person or persons in giving such instruction.
6. (i) As from any first day of January inclusive
after the passing" of this Act a local educa-
. . T i i i f Accounts of
tion authority may, if they think nt, in certain
respect of any public elementary school expenses of
maintained but not provided by them, non -P rovided
1 r 1 r 1 i Schools.
keep tor the purposes of this section only
96 The Religious Question in Education
an annual account in which the following entries
shall be made :
(i) The school shall in each year be debited
(a] With the amount expended during the year
by the local education authority in making
good damage due to fair wear and tear in the
use of any room in the schoolhouse for the
purpose of a public elementary school ; and
(b] With the amount of 10 per cent of the salaries
paid by them to each of the teachers in the
school during such portion of the year as
such teacher gives religious instruction in
the school otherwise than under section 2
of this Act.
(ii) The school shall in each year be credited
(a) With such sum as will represent one year's
interest at the rate of three pounds per cent
per annum on the amount agreed upon be-
tween the local education authority and the
managers of the school, or, in case of their
failing to agree respecting the same, fixed
by the Board of Education as the capital
sum which would have been expended by
the local education authority if, at the time
when the Education Act, 1902, or the Edu-
cation Act, 1903, came into operation with
respect to the school, they had provided the
schoolhouse, exclusive of the teacher's dwell-
ing house (if any) as the same existed at that
time ; and
Dr. P. V. Smith's Bill 97
(6) With such sum as will represent one year's
interest at the rate of three pounds per cent
per annum on such sums as the managers
of the school have, since the time when the
Education Act, 1902, or the Education
Act, 1903, came into operation [Act of 1902,
with respect to the school, and be- 7 (l) ^
fore the commencement of the year, expended
out of funds provided by them in making
alterations and improvements in the buildings
of the school required by the local education
authority ; but not with any sums expended
by the managers in keeping the school-
house in good repair ; and
(c) With such amount for rent in respect of any
room in the schoolhouse used dur- [Act of 1902,
ing the year by the local education 7 WM-l
authority out of school hours free of charge
for any educational purpose as is agreed
upon between the local education author-
ity and the managers of the school, or, in
case of their failing to agree respecting the
same, is fixed by the Board of Education.
(2) Every such account shall at all reasonable
times be open to the mspection of the managers of
the school to which it refers and of all rate-payers in
the area of the local education authority, and one
copy thereof shall be supplied to such managers free
of charge and copies thereof shall be supplied to
such rate-payers on payment of one shilling per copy.
r
98 The Religious Question in Education
(3) If at the close of any year it appears that in
the case of any school the balance on the aggregate
of the aforesaid debits and credits during that and
the preceding four years is adverse to the school,
the local education authority may, if they think fit,
give notice to the managers that unless the amount
of such adverse balance is paid to them within three
months after such notice then on or at any time after
the expiration of six months from the end of such
three months they will cease to maintain the school.
(4) If the amount of the adverse balance is paid
pursuant to such notice it shall be credited to the
school as for the year then last closed.
(5) If the same is not so paid, the .local authority
may in accordance with the notice cease to main-
tain the school.
7. (i) Any question arising under this Act
Decisions of sna ^ be determined in the first instance
questions by the local education authority,
under the ( 2 ) Any person aggrieved by the de-
cision or action of a local education author-
ity under this Act may appeal in reference thereto
to the Board of Education, whose determination in
the matter shall be final. Except that in a matter
involving a question of law, an appeal shall be made
therefrom to the High Court of Justice.
8. Unless the context otherwise requires, ex-
imerpreta- pressions in this Act shall have the same
tion. meaning as in the Education Acts, 1870
to 1903.
Dr. P. V. Smith's Bill 99
9. (i) This Act may be cited as the Education
Act, 19 ; and the Education Acts, 1870 short title
to 1903, and this Act may be cited as the and extent.
Education Acts, 1870 to 19 .
(2) This Act shall not extend to Scotland or
Ireland.
COMMENTS BY THE EDITORS.
This Bill makes the provision for religious in-
struction (subject to a conscience clause) obligatory
in all public elementary schools. Facilities for
special forms of religious teaching, to be provided
in the school buildings and within the hours of com-
pulsory attendance in accordance with the volunta-
rily expressed desires of the parents of the children
concerned, are required to be given in council
schools, should it not be possible for the children,
by attending some other public elementary school in
the neighbourhood, to receive the religious teaching
desired. Similarly in non-provided schools, forms
of religious teaching desired by the parents would
have to be given, notwithstanding the trust deed,
in cases in which the children were not able to ob-
tain the preferred religious teaching by attending
another public elementary school in the neighbour-
hood. The Bill thus involves the repeal of the
Cowper-Temple clause in the case of council
schools, and waives any restrictive trust deed
which might otherwise forbid in a non-provided
school the alternative form or forms of religious
7*
ioo The Religious Question in Education
teaching desired by the parents in behalf of their
children. The by-laws would be required in all
cases to allow a parent to cause his child to receive
religious instruction elsewhere than at the school
during the portion of the school hours allotted to
instruction in religious subjects. In any school in
which special religious teaching is given to a group
of not less than thirty children, inspection of that
teaching by a representative of the persons respon-
sible for providing it is to be permitted (but not
paid for) by the local education authority. Every
teacher is free to give special religious instruction,
but his qualification for doing so must be approved
by the persons responsible for providing it. No
teacher, however, in any public elementary school
(council or non-provided) is required to give any
religious instruction (unless he is employed for that
purpose only), nor is to be required, as a condition
of his appointment, to subscribe to any religious
creed. Outside teachers may be appointed to give
special religious teaching, but no additional ex-
pense may be thereby imposed upon the local edu-
cation authority.
The appointment of inspectors of any special
form of religious teaching, and the authorization of
a teacher on the staff to give such teaching, are en-
trusted by the Bill to " the persons responsible for
the provision of such teaching". It is apparently
assumed that in these cases the special religious
teaching would be provided by some organization
Dr. P. V. Smith's Bill 101
acting under the authority of the denomination con-
cerned. But here this scheme is little more than
an outline. Here, as elsewhere, much of the ad-
ministrative machinery is left to chance, or, prob-
ably, to rules to be drawn up by the Board of
Education.
The plan of facilities proposed in this Bill seems
to be workable. But the scheme is open to two
serious criticisms : ( i ) The financial arrangements
suggested in it are cumbrous and complicated.
These, however, are permissive and do not appear
to be essential to the scheme. (2) The future of
the non-provided schools would be made precarious
by the acceptance of the Bill. Section 5 declares
that any teacher employed or seeking employment
in a council or non-provided school shall not be re-
quired to give any religious instruction, or, as a
condition of employment, to subscribe to any re-
ligious creed. Thus the Bill, while leaving as at
present the appointment and dismissal of teachers
in a non-provided school to the foundation man-
agers, would withdraw from the latter their right
of imposing a denominational qualification upon the
teaching staff. This would place the managers
of non-provided schools in a false position, and
would lead either to administrative friction and
embarrassment or to evasion of the law through
private arrangement. A comparison of this Bill
with Sine Nomine suggests that the two Bills
would probably work out to very similar results.
IO2 The Religious Question in Education
Clause 2. (i) Facilities are to be given for
denominational instruction in both provided and
non-provided schools. In point of management the
latter are to remain as at present. If religious in-
struction different to that normally given in the school
is demanded by a reasonable number of parents it
is apparently intended that it shall be given daily
instead of the normal type. It is possible that the
teaching staff in non-provided schools would not
volunteer to give the teaching different to that nor-
mally given, but if outside persons have to be intro-
duced it will be difficult to arrange for their daily
attendance. In section 2 (2) there is no definition
of what is meant by the reasonable number of
children. In many non-provided schools, however,
the teachers give non-denominational teaching to
those children whose parents desire them to be ex-
cused from denominational instruction. The ar-
rangement generally made in these cases is that
the religious teaching on certain days in the week
should be non-denominational.
(2) This can hardly mean that no payment may
be made by the local education authority for lighting,
heating, etc.
Clause 3. If the child attends religious classes
elsewhere than in the school the local education
authority must make arrangements for the accurate
marking of registers ; it would not be easy to pre-
vent children dropping in a few minutes late unless
the register was called as in school before the lesson.
Dr. P. V. Smith's Bill 103
It seems desirable that the conditions regulating
attendance at any such alternative form of religious
instruction given outside the school buildings should
be subject to the approval of the local education
authority.
Clause 4. (2) If there are less than thirty
children no arrangements for inspection are made.
Clause 5. (2) No definition is given of the
persons responsible for sanctioning a teacher as fit
to give religious instruction. Some such definition
is an absolute necessity. Though the local educa-
tion authority might be responsible for Cowper-
Temple teaching, could they be equally so for special
teaching ?
Clause 6. This is a permissive section, the
adoption of which is left to the decision of the local
education authority. It is difficult to estimate the
financial effect of the debit and credit account.
Where the scale of the local education authority is
high, 10 per cent of the salaries of the teachers
might be a large sum. The persons paying for the
religious teaching would be tempted to employ the
lowest paid teachers on the staff and to exclude the
head teacher and trained assistants. If the managers
of the non-provided schools retain the appointment
of the teachers as at present, they might try to
avoid appointing the best qualified teachers if they
were paid salaries on a higher scale.
In view of existing and probable political con-
ditions, there is a good deal to be said for this pro-
IO4 The Religious Question in Education
posal to recognize varieties of religious teaching in
certain council schools and in certain non-provided
schools, without setting up either a creed register
or machinery for parents' committees. But it is
improbable that clause 6 would meet the scruples
of passive resisters. It does not touch what seems
to be the central principle of their objection. The
fact that a certain proportion of the teacher's time
is given to denominational teaching does not con-
stitute the real distinction between a non-provided
and a provided school. The Bill would be more
likely to find acceptance if clause 6 were omitted.
V.
SCHEME FOR PARENTS' COMMITTEES.
BY HAKLUYT EGERTON.
INTRODUCTORY MEMORANDUM.
A. (i) The Bill was drafted in order to furnish
Churchmen with a constructive policy. It repre-
sents primarily an attempt to embody a principle
not an estimate of parliamentary possibilities.
(2) The Bill neither prescribes nor prohibits the
use of a creed register. A very large number of
people would reasonably or unreasonably regard
such a register as an unwarrantable inquisition. It
seems desirable to exclude (as far as possible)
secondary grounds of controversy.
(3) The right claimed is ultimately a civic right
of individuals, not a denominational right. The
denominational right sometimes (and rightly) as-
serted rests upon that civic right, and has political
validity only because it is thus grounded.
The right to determine the character of a child's
religious education is primarily a parental right,
and can pertain to the State only subordinately
and by inference from parents. If the State
105
io6 The Religious Question in Education
be unwilling to accept the moral limitations this
implies, the right should be exercised by the
parents themselves.
Any suitable plan would be welcomed for
strengthening the parents' committees e.g. by
federation, and behind those committees there
must be the vigilant helpfulness of the denomina-
tions.
(4) The Bill ignores possibilities that seemed to
the draughtsman to be merely theoretical.
Therefore,
(a) it does not 'limit facilities by a minimum
number of either parents or children,
(6) it proposes that the only facilities in non-pro-
vided schools shall be facilities for Cowper-
Temple teaching.
To the question Would you provide exceptional
teaching for one child ? the answer would be Yes.
Doubtless, with a little goodwill, the rights of even
the smallest minority could be fully recognized.
The question, however, seems to be purely and
merely academic. If facilities were desired, they
would (no doubt), in every case, be desired for
several children.
(5) Do Roman Catholic or Jewish children at-
tend Church or Nonconformist schools ? Do
Church or Nonconformist children attend Roman
Catholic or Jewish schools ? Do Church children
attend Nonconformist schools ?
If such exceptional cases exist, it would be easy
Scheme for Parents' Committees 107
to amend the Bill so as to provide for them. For
practical reasons, however, it seems highly desirable
to exclude from Church schools the multitudinous
forms of Nonconformist doctrine. Facilities will
be generally practicable only if Nonconformists be
willing to accept some form of common teaching.
B. The draft is based upon Mr. Balfour's Act
of 1902, and proposes merely to secure larger and
better facilities for religious instruction.
It presupposes :
(1) That the right to define the religious in-
struction to be given to a child is primarily
a parental right.
(2) That the national system of education
should afford full and unpenalized oppor-
tunity for the exercise of that parental right.
The validity of these presuppositions can be
demonstrated.
Clause i. It is generally contended by Non-
conformists, and is admitted by many Churchmen,
that the great preponderance of Church schools in
one-school areas places Nonconformists in those
areas at a religious disadvantage. In a large number
of country parishes they are too few either to pro-
vide schools of their own or to obtain the provision
of council schools under section 8 of Mr. Bal-
four's Act.
The Draft proposes to afford facilities for Cowper-
Temple teaching in non-provided schools and for
denominational teaching in council schools. These
io8 The Religious Question in Education
two facilities should be inseparable. For the Church,
it is no less important to open council schools to
Church teaching than to preserve the existing
Church schools.
The facilities in non-provided schools would be
merely for Cowper-Temple teaching. The diffi-
culty which arises out of the predominance of Church
schools in certain districts is one that is felt only (or
almost only) by Nonconformists, and it would pro-
bably be removed by facilities for the common in-
struction known as Cowper-Temple teaching. It
does not seem necessary to provide facilities for
the several kinds of Nonconformist teaching. The
principal Nonconformist bodies are attaching less
and less importance to the differences which keep
them apart from one another, and seem willing to
accept Cowper-Temple teaching as a common in-
struction suitable for elementary schools.
Head Teacher. The head teacher is designated
because, of all the persons connected with a school,
he is the most widely known and most easily
accessible.
Immediately communicated. In the absence of
this or some similar provision, managers and local
authorities might plead ignorance, and argue that
they were under no obligation to comply with de-
sires of which they had no official knowledge.
Elsewhere. This would permit children de-
signated for exceptional religious instruction to
receive that instruction in Church. In some
Scheme for Parents' Committees 109
" council-school areas," instruction in Church
might be the most convenient way of using the
facilities for the Church training of Church children.
The primary purpose of the proposed Bill is to
create facilities for exceptional religious instruction.
The permission entailed by the word "elsewhere"
would not extend to children other than those
designated to receive such instruction. Church
schools already provide Church teaching or teach-
ing that should be Church teaching as part of
their ordinary curriculum, and the Ascension- Day
Judgment seems to give a right to attend Church
on the red-letter days. A proposal to give a general
permission to receive instruction in Church would
go beyond the range of the Bill's primary purpose,
and would introduce a new subject of debate.
There seems to be no urgent need that would
justify the burdening of the Bill with such a pro-
posal.
Probably the proposed permission would do much
to break down that departmental opposition which
found expression in Circular 512.
Clause 2. Proposals have been made for admit-
ting parents' committees to share in the general
work of school-management, and some appear to
think that the principle of " parental rights " requires
this to be done. Such an argument would ignore
the very important distinction between a funda-
mental principle of policy and a method of adminis-
tration.
no The Religious Question in Education
Unfortunately, most parents are ignorant and
indifferent, and, were parents' committees con-
stituted for the general work of school management,
they would (from the first) fail to receive both that
popular support which alone could make them
genuinely representative and that popular criticism
which alone keeps representative bodies properly
vigilant. Such support cannot be given, such
criticism cannot exist, unless there be in the con-
stituent bodies an active and intelligent interest.
In the absence of such interest, the parents' com-
mittees would probably be inefficient and would
certainly be non-representative they would be
parents' committees only in name.
There seems, however, to be no objection to
constituting parents' committees for the limited
purposes defined in the draft. The constituents of
such committees would be parents who had already
taken the trouble to express a desire, and this ex-
pression of a desire would presuppose a certain
degree of interest. One might not unreasonably
hope that this presupposed interest (if properly
fostered and enlightened) would suffice to make
the committees genuinely representative and to
keep them healthily vigilant.
Not Members of the Electing Body. It seems
unwise to restrict the choice of the constituent
parents to their own number. In some villages
it would be impossible (or hardly possible) to
constitute an efficient committee out of the con-
Scheme for Parents' Committees 1 1 1
stituent body. A committee would not cease to
be genuinely a parents' committee if one or more
of its members were chosen from outside the body
of electors.
Clause 3. (2) This does not profess to abolish
"tests," but it would give full protection to a
teacher's conscience. If teachers are to give re-
ligious instruction, there must be some sufficient
test of their ability to give it.
Clause 5. Not on the Teaching Staff. For
instance, the local priest or Nonconformist minister.
As the religious instruction of children is part of
the cure of souls, one may reasonably hope that a
priest would give his services gratuitously.
Clause 6. Shall not Charge. It seems neces-
sary to say this, because a direction that the local
authority defray the cost would not (by itself)
unmistakably deprive them of the power to make
a charge.
Clause 7. If a non-exempted voluntary school
failed to comply with the prescribed provisions,
that school would cease to be "grant-earning" and
would not be entitled to maintenance by the local
authority.
If a non-exempted council school failed to com-
ply with the prescribed provisions, that school
would not be deemed to be a public elementary
school, and, if the local authority continued to
maintain it, that authority would be liable to sur-
charge.
1 1 2 The Religious Question in Education
This section provides safeguards against a "re-
volt " of the local authorities.
If (in any case of non-compliance) the local
authority be declared to be in default, it will be
automatically superseded in the management of the
school by a new temporary authority which will
have full and exclusive powers, and will receive all
necessary monies (and not merely the parliamentary
grants) from the Board of Education.
The school, if efficiently conducted as a public
elementary school (or as near thereto as possible),
will (for every purpose but one) be deemed to be a
public elementary school.
This provision is necessary in order to prevent
difficult questions as to the status of the school
while it is under the temporary authority.
A school under a temporary authority would not
be deemed to be a public elementary school within
the meaning or for the purposes of section 14 of the
Act of 1870. This exception, taken in connexion
with section 7 (c) of the draft, would enable the Board
of Education to proceed by mandamus against the
defaulting authority in order to compel it to do its
duty towards the school wherein the default had
occurred i.e. to maintain the school as a public
elementary school. The mandamus would (one
may presume) issue, but the local authority would
not be able to obey until it had obtained a restora-
tion of the powers, etc., transferred to the temporary
authority. To obtain this restoration the local
Scheme for Parents' Committees 113
authority would have to give assurances that would
permit the Court to rescind the declaration of
default. Thus, mandamus to enforce section 14
(1870) would be a forceful means of dealing with
a revolt of the Councils against giving facilities for
exceptional religious instruction.
Non-compliance not due to the default of the
local authority would be punished by loss of status
the school wherein the default occurred would
cease to be a public elementary school. The con-
sequences of this have been indicated in the earlier
comment on section 7 of the draft.
Compliance could be enforced by mandamus
(section 8).
The High Court seems to be a much more suit-
able judge of alleged default than the Board of
Education. The question is one that should be
decided by a judicial body rather than by one that
is primarily administrative.
Clause 9. There is, unfortunately, a tendency in
some quarters to minimize the importance of trust-
deeds. The enactment of the proposed clause
would involve a clear recognition by the legislature
that the restrictions in trust-deeds until removed
or relaxed by some competent authority are verit-
ably binding restrictions.
Clause 10. Roman Catholics would not accept
a policy of mere facilities. This clause is intended
to secure their adhesion to the proposed Bill, but
it is not limited to their schools.
8
H4 The Religious Question in Education
Education given in the School. These words
direct attention, not to the mere letter of the trust-
deed, but to the way in which the provisions of the
trust-deed are carried out to the education actually
given in the school. The word " education " is used
because it has a meaning wider than "instruction".
Regard is to be had, not merely to the instruction,
but to that religious education which is the result, in
part (indeed), of instruction, but in part also of all
those other agencies and influences which help to
form character and evoke sentiment.
No Church of England school has a trust-deed
which requires it to be what is ordinarily called an
"atmosphere-school". But if a Church school be
in fact such a school, it would be entitled to exemp-
tion. The statute, by directing attention primarily
to education and not to trusts, would exclude the
adverse contention that the trusts could still be suf-
ficiently fulfilled even if the school ceased to be an
" atmosphere-school ".
A Complete Return. It is not improbable that
there would be a tendency to restrict the exemption
to Roman Catholic and Jewish schools.
This provision is intended to counteract such a
tendency.
Wherever any Exemption. It is not inconceivable
that, were no safeguards provided, exemptions would
sometimes be withdrawn on merely political grounds
merely in deference to some political opinion
momentarily influential.
Scheme for Parents' Committees 115
This provision is intended to prevent such with-
drawals.
Clatise 12. The definition of " trust-deed " is
adapted from Mr. Balfour's Act.
It will be noticed that the proposed Bill does not
contain any provisions either for the transfer of
schools to the local education authorities or for
amending section 6 (Management of Schools) of
the Act of 1902.
A BILL TO AMEND THE LAW RELATING
TO ELEMENTARY EDUCATION IN ENG-
LAND AND WALES.
I. (i) In every public elementary school which
is not (within the meaning of this Act) an exempted
school, sufficient and suitable provision shall be made
by the local education authority and sufficient and
suitable facilities shall be given during school hours
for imparting exceptional religious instruction to
those children (if any) whose parents shall have ex-
pressed to the head teacher of the school a desire
that such instruction be given to their children. The
said desire may be expressed at any time by letter
or otherwise, and, when expressed, shall be immedi-
ately communicated by the head teacher to the
managers of the school and by them to the local
education authority and the parents' committee con-
stituted under this Act. The children concerning
whom such a desire has been expressed shall always
be permitted (if the parents' committee so desire)
8*
n6 The Religious Question in Education
to receive religious instruction during school hours
elsewhere than in the schoolhouse of their school.
(2) In public elementary schools maintained but
not provided by the local education authority the ex-
ceptional religious instruction (if given) shall be
religious instruction in accordance with section 14
of the Elementary Education Act, 1870, and no
other.
(3) In public elementary schools provided and
maintained by the local education authority the
exceptional religious instruction (if given) shall be
of the kind or kinds designated by the parents who
express a desire that such instruction be given to
their children.
(4) No child shall be permitted to receive ex-
ceptional religious instruction unless his parent shall
have expressed a desire that he receive such instruc-
tion, and no child shall be permitted to receive any
exceptional religious instruction which is not of the
kind expressly desired for him by his parent.
2. ( i ) For each non-exempted public elementary
school in which (under the provisions of this Act)
exceptional religious instruction is given or desired
to be given, there shall be (in addition to the
managers) a parents' committee consisting of not
less than two nor more than five persons elected
by the parents who shall have expressed a desire
that such teaching be given, and (subject to the
provisions of this Act) it shall be the duty of that
committee to provide and maintain (in accordance
Scheme for Parents' Committees 117
with the provisions of this Act) the exceptional
religious instruction given or desired to be given in
the school.
(2) In each case the parents' committee shall be
constituted and elected in accordance with the
regulations hereinafter mentioned.
(3) As soon as possible after the passing of the
Act, and (if necessary) from time to time afterwards,
the Board of Education shall issue sufficient general
regulations providing (subject to the provisions of
this Act) for the constitution and election of parents'
committees. These regulations shall provide and
secure inter alia
(a) That each committee shall be elected annu-
ally;
(b) That women shall, in every case, be eligible
to the committee ;
(c) That where more than one kind of excep-
tional religious teaching is desired, the com-
mittee shall, equitably and effectively, re-
present each kind desired ;
(af) That, in every case, persons who are not
members of the electing body shall be
eligible to the committee.
Any regulation made under the provisions of this
section by the Board of Education may be rescinded
or amended by the said Board. It shall be com-
petent for the Board of Education at any time (upon
application from or on behalf of parents interested)
to make original or amending regulations under
n8 The Religious Question in Education
this sub-section applicable only in a specified school
or in specified schools.
3. The facilities for exceptional religious instruc-
tion shall in each case be from time to time deter-
mined by agreement between the managers of the
school and the parents' committee. Within the
limits of the facilities thus determined, the parents'
committee shall have complete control of the ex-
ceptional religious instruction and of the arrange-
ments for giving that instruction.
4. (i) For the purpose of giving exceptional
religious instruction the parents' committee shall
(subject to the provisions of this Act) have the
services of the teaching staff of the school to what-
ever extent that committee requires.
(2) In the appointment of a teacher or teachers
to a public elementary school, wherein exceptional
religious instruction is given or desired, provision
(satisfactory to the parents' committee of the school)
shall be made (after consultation with that com-
mittee) for the giving of that instruction. No
teacher in a public elementary school shall be
prevented or prohibited by the local education
authority or the managers from giving exceptional
religious instruction, if he be willing to give such
instruction and if his services be required by the
parents' committee of the school in which he serves,
but no teacher shall be required to give such in-
struction unless he be willing to do so.
5. The parents' committee of a public elementary
Scheme for Parents' Committees 119
school may appoint any person or persons not on
the teaching staff of the school to give or take part
in giving exceptional religious instruction in the
school, or to examine the exceptional religious
instruction given in the school, and every person
so appointed shall (in virtue of his appointment,
but subject to the control of the parents' committee)
have full power to enter and use the school premises
for the purpose or purposes for which he has been
appointed. A local education authority shall not
make any payment for the services of any person
or persons appointed under this section.
6. The whole direct and incidental cost of the
exceptional religious instruction given (under this
Act) in the schoolhouse of a public elementary
school and of the examination (if any) of that
instruction (except the cost, if any, of services
obtained under section 5 of this Act) shall be
defrayed without charge by the local education
authority. That authority shall not make any
charge for or in connexion with the provision or
examination of that instruction, or for the use of
the school premises for the purpose of giving or ex-
amining or otherwise in connexion with that instruc-
tion, or in respect of any expenses (such as the
expense of firing and light) incidentally incurred in
the course of or in connexion with that instruction
or the examination thereof. The local education
authority shall supply, without charge, whatever
furniture, apparatus, books and other materials shall
I2O The Religious Question in Education
be reasonably required by the parents' committee
for the purpose of giving exceptional religious in-
struction in the schoolhouse, or of examining the
exceptional religious instruction there given.
7. (a) No non-exempted school in which the
foregoing provisions of this Act are not fully com-
plied with shall (except as hereinafter provided in
this section) be deemed to be a public elementary
school within the meaning or for the purposes of
either the Elementary Education Act, 1870, or sec-
tion 7 of the Education Act, 1902, and no
parliamentary grant shall be paid in respect of any
such school.
(6) If in any case it appears either to the parents'
committee of the school concerned or to the Board of
Education that the foregoing provisions of this Act
have not been complied with, application may be
made to the High Court of Justice by or on behalf
of the parents' committee or (without prejudice to
their right to take any other proceedings) by the
Board of Education for a declaration that the failure
to comply with the said provisions is due to the
default of the local education authority. If such
declaration be granted by the Court, then immed-
iately, and for so long as the local education au-
thority continues in default, all the powers, rights,
and duties of the local education authority (except
the power to raise money by loan or taxation) shall
(to the extent necessary for carrying on the school
efficiently as a public elementary school (or as
Scheme for Parents' Committees 121
nearly as possible in conformity with the law re-
lating to public elementary schools) and in compli-
ance with the provisions of this Act) be exclusively
possessed by a temporary authority which, if the
school in question be a school not provided by the
local education authority, shall consist of the man-
agers for the time being of the school, and, if the
school in question be a school provided by the
local education authority, shall consist of the parents'
committee for the time being of the school. So long
as the local education authority continues in default
the Board of Education shall from time to time ad-
vance to the temporary authority whatever sums
are necessary for carrying on the school as afore-
said, and the school (if efficiently carried on as
in this subsection aforesaid) shall be deemed to
be a public elementary school, but not within the
meaning or for the purposes of section 14 of the
Elementary Education Act, 1870. After a local
education authority has been declared by the Court
to be in default the Board of Education shall im-
mediately defray any expenses incurred (prior to
the declaration of default, and through the de-
fault of the local education authority) by the
managers or parents' committee of the school in
question.
Any sums advanced under this subsection by the
Board of Education shall be a debt due to the
Crown from the local education authority, and with-
out prejudice to any other remedy, may be deducted
122 The Religious Question in Education
from any sums payable to that authority on account
of parliamentary grants.
A local education authority which has been
declared by the Court to be in default shall be
deemed to continue in default until the declaration
of default has been rescinded by the Court.
Any costs incurred by a parents' committee or
temporary authority in connexion with an applica-
tion to or proceedings before the Court under this
subsection shall (unless the Court otherwise order)
be borne by the Crown. Any question brought
before the Court under this subsection shall be
decided summarily without pleadings.
(c) Nothing in this Act shall relieve a local
education authority from the obligation to maintain
as a public elementary school every elementary
school provided by it, and, any declaration of de-
fault or transfer of powers, rights, and duties to a
temporary authority notwithstanding, this obliga-
tion may be enforced by mandamus.
8. Compliance with the provisions of this
Act may be enforced by mandamus at the instance
of either the Board of Education or the parents'
committee of the school immediately concerned.
The costs incurred by a parents' committee in any
application to or proceedings before the Court under
this section shall (unless the Court otherwise order)
be borne by the Crown.
9. It shall be lawful for the trustees of a
public elementary school maintained but not pro-
Scheme for Parents' Committees 123
vided by a local education authority to permit the
school buildings of the school to be used for the
purpose of giving exceptional religious instruction
and for other purposes connected with that in-
struction, and it shall be lawful for the managers
of such a school to give the facilities prescribed by
this Act.
IO. ( i) If, at any time, it be shown, to the satis-
faction of the Board of Education, by either the trus-
tees or managers of a public elementary school not
provided by the local education authority that in that
school compliance with the foregoing provisions of
this Act would adversely affect the religious efficiency
of the religious education given in the school, the
Board of Education shall exempt that school from
the said provisions.
(2) A complete return showing the names and
denominational character of the schools exempted
under this section shall be annually made by the
Board of Education to each House of Parliament.
(3) Any exemption granted under this section
may be terminated by the Board of Education at
any time after five years from the date of the ex-
emption if the Board be satisfied that, in that
particular case, the statutory ground of exemption
no longer exists.
Whenever any exemption is terminated under
this subsection the Board of Education shall im-
mediately place before each House of Parliament
a complete statement of the circumstances of the
124 The Religious Question in Education
case, of the correspondence and other representa-
tions (if any) relating thereto, and of the con-
siderations which led the Board to terminate the
exemption.
II. Any question arising under this Act (except
questions concerning which application may under
section 7 (fr) of this Act be made to the Court for
a declaration of default) shall be determined by
the Board of Education, but that Board shall not
entertain any question relating to the character
of the exceptional religious instruction given in a
school.
12. In this Act
The word "parent" has the meaning given to it
by section 3 of the Elementary Education
Act, 1870.
The term " trust-deed " includes any instrument
regulating the trusts or management of a
school.
The expression "exempted school" means a
school exempted under section 10 of this
Act.
The word " non-exempted " means not exempted
under section i oof this Act.
13. This Act may be referred to as The
Elementary Education (Religious Instruction) Act,
1909.
COMMENTS BY THE EDITORS.
This is the most carefully drafted of the schemes
Scheme for Parents' Committees 125
which endeavour to solve the religious difficulty by
the establishment of parents committees.
The principle of the election of committees by par-
ents in order to exercise thereby some supervision
over their children's education, especially in matters
touching religion, is unexceptionable, and it is one
which commands a very general acceptance.
Clearly the rate-payers' control, now, saving the
supremacy of the Board of Education, extended
over the whole field, should not go beyond finance ;
they can have no moral right to dictate the amount
or nature of the instruction in the school, much less
the kind of religious teaching to be given to the
children. The administrative difficulties involved
in carrying out this principle are, however, very
great, and it is these which have led other educa-
tional reformers to propose the alternative, i.e. that
by creed registers, or some other way of making
known their wishes, the parents should indicate the
kind of religious instruction they desire, and leave
independent committees, central or otherwise, of
the different religious bodies to supply or super-
vise it (see the Hope-Eden, Sine Nomine schemes
and others). It is certainly very much to be de-
sired that the sense of parental responsibility should
be encouraged, and the interest of parents in the
education of their children evoked, and that some
means should be found to enable them to express
their wishes effectively.
We now proceed to more detailed comments on
126 The Religious Question in Education
this Bill, which from the skill and learning shown
in its preparation will certainly receive exceptional
notice from all educational experts.
The Bill does not attempt to meet the alleged grie-
vance that in many thousands of parishes Noncon-
formists, as such, are disqualified from appointment
to the head teacherships. And under clause 10
(especially as interpreted in the Introductory Mem-
orandum) the Board of Education might exempt
schools, even in single school parishes, from the
operation of the Bill as set forth in clause i.
Clause i. In non-provided schools where parents
desire different religious instruction from the normal
type given in the school they would only be able to
obtain, under section 2, Cowper-Temple teaching.
Whereas, under section 3, in provided schools the
various kind of denominational teaching asked for
by the parents may be given. This admittedly
creates an anomaly : e.g. a Wesleyan child in a
Church of England school or a Church child in a
Roman Catholic school can only receive Cowper-
Temple teaching if the parents desire it to be ex-
cepted from the normal instruction, whereas in a
provided school the Wesleyan child might receive
Wesleyan and the Church child Church teaching.
It is possible that Nonconformists would not strongly
object, and on the other hand the school managers
would find it much easier than to provide for vari-
ous kinds of special teaching. The defence for
this anomaly is, of course, that the Bill is designed
Scheme for Parents' Committees 127
to interfere as little as possible with the existing
dual system and takes the last development of the
educational position, i.e. the Act of 1902, as a basis.
Denominational schools are therefore not bought
out but retained as part of the system, and in this
case it is fair that the denominational " atmosphere "
in schools denominationally built should be respected
as far as may be ; this would not apply to the pro-
vided schools, built out of the rates and having no
special "atmosphere" to disturb.
Clause 2, section 3. In provided schools it is
suggested that a parents' committee consisting of not
more than five persons could equitably and effec-
tively represent several kinds of exceptional religious
teaching. This clause 3 really contains the crux of
the whole scheme, and the practicability of the elec-
tion of effectively representative parents' committees
in cases where varieties of religious teaching were
demanded should be demonstrated. The machinery
for the annual election would be very complicated.
Let us take an admittedly extreme case. Supposing
300 children in a school are divided into 100 Church
of England, 30 Jewish, 50 Wesleyans, 20 Roman
Catholics and 100 of various Nonconformist de-
nominations, who might or might not be willing to
combine, how should the five members be elected ?
Is it proposed to establish some form of proportional
representation ? No doubt the parents of children
in provided schools would ordinarily fall into fewer
categories, e.g. Church and Nonconformists of
128 The Religious Question in Education
different types, with occasional admixtures of a large
number of Jews or a small number of Roman
Catholics (these having generally their own schools),
but rarely if ever both together in large towns ; even
so the problem is sufficiently complicated. The
constitution and election of these parents' committees
is placed in the hands of the Board of Education,
but we think that some draft regulations should be
provided showing how the Board is to give effect
to the clause. Again, when the committee has
been formed how will it decide as to the teaching to
be given ? Will it decide by a bare majority ? Will
the whole body of representatives decide for each
section ? All these points need clearing up.
Clause 4. The teaching staff are to be at liberty
to give exceptional religious teaching, and, if they
are willing to do so, the cost of their salaries is to
be defrayed by the local education authority. In
order to enable teachers to be secured who will
volunteer, the parents' committee are to be consulted
before they are appointed. From an administrative
point of view this would be a difficult and lengthy
process. It would imply that the parents' commit-
tees should have some knowledge of the religious
convictions of the candidates for appointment.
Clause 5. The parents' committee would be re-
sponsible for the payment of persons not on the
teaching staff. This requirement would be most
burdensome on the smallest minority, for in this
case it would almost certainly be impossible to get
Scheme for Parents' Committees 129
a teacher on the staff willing to teach. Further,
there might be no room in the school available for
the small minorities, and the heating and cleaning
of rooms outside the school might have to be paid
for as well as a salary fund for the teacher. This
financial difficulty is one of the reasons which lead
the authors of other schemes to place their confi-
dence in central committees or associations operating
over and drawing support from wide areas instead
of local school committees.
Clause 10. This is intended to preserve schools
where all the parents desire a special type of teach-
ing, but unless there were other schools in the
neighbourhood exceptions would not often be made
by the Board of Education if there was a consider-
able minority of children in the school whose
parents did not desire the special type. It would
be chiefly useful in large towns and is probably
drafted with that objective.
In the Introductory Memorandum the author of
the Bill disclaims any attempt to estimate the
parliamentary possibilities of his scheme. But for
our purposes the likelihood of any such plan as this
becoming law should be referred to. The election
of parents' committees and the entrusting to those
committees such large rights of consultation and of
appeal with regard to the appointment of teachers
would undoubtedly add to the friction and difficulty
of administration. This, and the proposed powers
for putting the local education authorities in default,
9
130 The Religious Question in Education
would set the great majority of those authorities in
opposition to the Bill. They would be reinforced
by the majority of the teachers, easily aroused
against what are called "tests," and they would be
supported by much Nonconformist objection. This
opposition would, we think, make the passing of
the Bill in its present form extremely unlikely.
But the argument for having representatives of
the parents is so strong that it is highly probable
that some such representation will be proposed the
next time a Government is responsible for an Act
amending the present law. The possibilities and
difficulties connected with the application of the
principle of direct parental control may be estimated
by a careful examination of Mr. Hakluyt Egerton's
Bill.
VI.
DRAFT EDUCATION BILL.
DRAWN UP AT A SERIES OF CONFERENCES OF
LIBERAL MEMBERS OF EDUCATION AUTH-
ORITIES HELD AT THE INVITATION OF THE
NATIONAL EDUCATION ASSOCIATION.
INTRODUCTION.
THE first Education Act, that of 1870, secured that
every child in the nation should be taught the
three R's (reading, writing, and arithmetic) in their
elementary stages. The next Education Act must
secure that every child shall receive a sufficient
amount of suitable education. This can only be
done at the expense of the rate-payers or tax-
payers ; and public money must be under public
management and control.
The principle of a complete national system
maintained and managed by national and local
authorities is accepted by all parties as a matter of
proved necessity. But it is resisted in detail by
many interests and influences. The next Education
Act should be so framed as to firmly and finally
overcome this opposition.
131 9*
132 The Religious Question in Education
A complete public system does not exclude
private and voluntary provision. Public parks
have not done away with private gardens ; public
picture galleries and libraries do not make private
collections unnecessary ; public tramways have only
increased the taste for private means of locomotion.
Public schools will increase the opportunities of
beneficial private enterprise in education.
THE COMPULSORY PROVISION OF HIGHER
EDUCATION.
The Act of 1870 enabled local authorities to
supply education so long as it was "elementary,"
whatever that may mean, and supply it to " children,"
whatever that may mean. The Act of 1902 en-
ables local authorities to supply education which is
"other than elementary," and there is no limit on
the age or status of the scholars. Thus the whole
field of every form of education of every sort of
individual is covered by a machinery of local
government.
This is a firm foundation on which to build a
national system. Now that every area has a
local authority empowered to deal with all grades
of education, the first provision of a new Act should
make the powers and duties equal in regard to all
departments of the work.
The present law sets up a fanciful distinction
between "elementary" and "other than elemen-
tary ". If a school charges less than gd. a week it
Liberal Members' Bill 133
is "elementary"; if it charges more than 90!. a
week it is " not elementary ". If you teach science
and art and the classics to a child under fifteen it is
elementary. If you teach the alphabet to a grown-
up man it is not elementary. If the school meets
in the daytime it may be elementary, but if the
same school and the same scholars do the same
work in the evening, it ceases to be elementary.
The public authority has serious powers and
duties on the " elementary " side of this fanciful
boundary, but it has very little power, no definite
duty, and hardly any available funds for work on
the other side.
As regards " elementary " education, the author-
ity must ascertain the needs of its districts and must
supply all deficiencies by providing schools which
are sufficient in number, suitable in curriculum,
adequate in staff and equipment, efficient in result,
and, above all, in fees and in management suitable
and available for all who desire to attend.
These were the principles of 1870 and were ap-
plied to the work of the authorities which were
then set up. When the work of the public author-
ities was extended over a wider field, the powers
and duties should have been extended also ; the
first clause of the new Bill should read :
"(i) The powers and duties of the local educa-
tion authority to secure throughout their area
adequate and suitable accommodation and instruc-
tion in public elementary schools shall extend to
134 The Religious Question in Education
the training of teachers, the provision of technical
and secondary instruction, and to all grades of
education."
PUBLIC MANAGEMENT OF AIDED SCHOOLS.
Much of the work for which the public authority
is ultimately responsible, is now done by schools
and colleges and other institutions which are not
under public management, but are in many cases
largely maintained by subsidies from the local rates
or from Parliament. This system of subsidizing
private institutions with public money leads to ex-
travagance and inefficiency.
It is a system which is found to be unworkable,
and intolerable in all other departments of municipal
work. For example, the London County Council
considered the suggestion "impertinent" that it
should subsidize the old steamboat company instead
of providing new boats of its own. The Council
would not improve the water supply of London by
subsidizing the water companies, or the tramway
system by subsidizing the tramway companies.
But schools are apparently held to be less than
tramways, and education need not be so efficient
as steamboats, and the system of subsidizing private
institutions has become so established that probably
it cannot be abolished at a stroke. The Technical
Instruction Act of 1889, however, established, or
rather suggested, as a compromise, that public
management should be introduced in proportion to
Liberal Members' Bill 135
public aid. The logic of this plan is more apparent
than real, but in practice it automatically makes for
progress without friction. The clause in the Act
of 1889 was repealed by the Act of 1902, but it
might well be re-enacted in an improved form, and
the second clause of a new Education Bill should
read :
"(2) When any elementary or secondary school,
college, or other institution receives aid from the
local rates or from money provided by Parliament,
the local authority shall be represented on the
governing body or committee of management in
such proportion as will, as nearly as may be, cor-
respond to the proportion which the aid received
from both these sources and the fees, if any, of the
scholars, bear to the contribution towards mainten-
ance made from all other sources."
LEASE OR PURCHASE OF SCHOOL BUILDINGS.
A system of public management, increasing in
proportion with public aid, might tend gradually
towards the entire maintenance and the entire
management passing into the hands of the public
authority. The public would thereupon find itself
managing an institution and occupying a building,
either or both of which were still controlled by trust-
deeds or proprietary rights. These vested interests
might hinder developments, giving to private
persons or some outside authority a control over
the curriculum, a veto on the class or sex or age of
136 The Religious Question in Education
scholars, a limitation on the fees charged, a right of
visitation or supervision, or a joint occupation of
the building.
The moral basis of some of these private rights
and privileges would disappear when the whole
cost of maintaining the institution became a public
charge ; others would have a substantial moral
basis so long as the school or college was carried on
in premises governed by a trust or private ownership.
It would be a serious matter to end these powers
in any manner savouring of confiscation. But the
public authority, finding itself maintaining and
managing an institution impressed with an unsuit-
able character because the work was carried on in
particular premises, should be entitled either to
purchase the premises, and so buy out the power
of interference, or to free itself from the old restric-
tions by removing the institution to new premises
provided by itself.
The next clause of a new Education Act might,
therefore, read as follows :
"(3) i. When an education authority is or be-
comes responsible for the entire cost of maintenance
of any school, college, or other institution, it shall
be entitled to take over the buildings and premises
by agreement for lease or purchase, and thereupon
all rights and powers reserved to, belonging to, or
claimed by any person or persons other than the
education authority in the management of the school,
shall cease.
Liberal Members' Bill 137
" ii. If the education authority decide not to make
a lease or purchase, they shall be free to leave the
old buildings and to establish and continue the
school or college, in unbroken succession, in other
buildings provided by themselves, and the school
or college shall thereupon be vested solely in the
education authority and subject to all the conditions
of a school provided by the education authority
notwithstanding anything in any instrument of
trust."
LOCAL EDUCATION AUTHORITIES.
If the public is to administer education through
local administrative authorities, it is of first impor-
tance that the authorities shall effectively represent
the public concerned. This raises questions of area
and method of election.
As regards area, there is no reason why the areas
of educational administration should not be the
ordinary areas of municipal government boroughs
and county districts. The Local Government
Acts of 1889 and 1894 simplified local govern-
ment by abolishing separate areas for different
purposes, and dividing the country into areas in-
tended to be, as far as possible, suitable for all
purposes. The Acts also provided machinery for
a readjustment of boundaries, etc., wherever changes
of population, duties, etc., made it desirable. It is
of national importance that these areas of local
self-government shall be respected and made the
138 The Religious Question in Education
areas for all purposes, so that a genuine local life
and unity and patriotism shall be developed. To
the theorist at a distance, some of the existing areas
may seem to be unnecessarily large and others un-
necessarily small, but do not doubt that there are
good local reasons for the size of each one. The
disfranchisement for educational purposes of certain
towns and districts in the Act of 1902, because they
seemed to be abnormally small, was a cowardly blow
struck at the principle of local self-government in its
weakest spot. The fanciful distinction between
towns over 10,000 and towns under 10,000 and dis-
tricts under 20,000 and districts over 20,000 must
be abolished. Respect the independence of each
municipality, whatever its size, but give these muni-
cipalities power to combine for united action for
any specified purpose. As for the county councils,
their function is not to destroy the municipalities
within their areas, but to cherish and strengthen and
guide them, and especially to take the initiative in
organizing joint action amongst them. Powers to
combine are preserved in section 52 of the Act of
1870, and powers of the Board of Education to com-
pel authorities to unite or to contribute to a joint
school were in sections 40 to 51. Power could also
be given to the Board of Education to enforce any
scheme of combination if supported by a large ma-
jority of the authorities concerned. The first clause
dealing with the authority in a new Education Act
should, therefore, provide :
Liberal Members' Bill 139
''(4) There shall be an education authority sepa-
rately elected in each municipal borough or county
district. Any two or more education authorities
may combine for joint action for any of the purposes
of the Education Acts, and the Board of Education
shall have power to direct such combination or to
direct authorities to contribute proportionately to
schools or institutions used in common."
As regards method of election, the Act of 1902
largely followed the Act of 1870 in putting the ad-
ministration of education into the hands of a body
separate from the ordinary municipal council. It
is true that the Act destroyed the school boards, and
when these were being attacked there was much
denunciation of ad hoc authorities ; but when the
Government came to legislate, it was revealed that
their objection was not to a separate body, but to
direct popular election. They desired an ad hoc
body, but not an ad hoc election. They wanted a
body first nominated by vested " interests," and then
made as separate and independent of the municipal
councils as possible. The "education committees"
were, however, robbed of much independence by
amendments made to the Bill in Parliament, but
still the Act recognizes the possibility, and suggests
the desirability of the so-called " committee " having
power and dignity to a large extent separate and in-
dependent of the nominal authority.
The existing "committees " might, with very little
disturbance of existing arrangements, be made the
140 The Religious Question in Education
basis of a more democratic system. Whether they
should become independent bodies, or to what ex-
tent they should directly represent the rate-payers
or be subordinate to the municipal councils, is
a matter which might be decided by local option.
It is already obvious that in practice the committees
are becoming more and more independent of the
municipal councils. The serious element in this
is that the control of the electorate is weakening and
power is passing into the hands of nominated
and co-opted members who cannot be made respon-
sible to the electors.
The presence of these added members on equal
footing with members who are responsible to the
electorate is opposed to all sound principles of local
self-government. If the system of co-optation were
abolished, the council could be given either an op-
tional or compulsory power to replace the co-opted
members by representatives of the rate-payers
directly elected for the purpose.
The committees would thus consist partly of
members directly elected and partly of members
elected by the councils from amongst its own
members. The exact proportion of directly and in-
directly elected members on each committee might,
for the present, be decided locally. Some councils
may be willing to perform all the duties, others to
throw the responsibility on other shoulders. The
ultimate decision would rest with the rate-payers in
each district if a clause in the Bill provided :
Liberal Members' Bill 141
" (5) An education authority other than the educa-
tion authority of an administrative county, shall
consist of members directly elected for this purpose
by the rate-payers of the area for which the author-
ity is formed, provided that the local municipal
council of the area for which the education author-
ity is elected may also appoint members of the
council to be members of the education authority to
a number not exceeding one-fourth of the total.
" Any education authority shall have the power of
levying a rate for any of the purposes of the Edu-
cation Acts."
No TESTS FOR PUBLIC OFFICE.
One further point with regard to the constitution
of administrative bodies requires legislation. The
electors ought to be free to elect whomsoever they
think suitable to represent them. Many good men
are excluded from municipal councils because they
happen not to be registered electors. There is no
such test for a member of Parliament. Half the
nation are excluded because they happen to be
women. And many good managers are forbidden
to take part in the management of some school or
other because they happen to be Catholics, or
Protestants, or Nonconformists. None of these
restrictions existed under the Act of 1870. In
educational affairs they are practically new dis-
qualifications imposed by the Act of 1902. The
following clause would sweep them away :
"(6) No person shall be disqualified by reason
142 The Religious Question in Education
of sex or religious creed or residence for being ap-
pointed or elected on any body of managers, com-
mittee, or education authority."
PROVISION OF SUITABLE SCHOOLS.
The Act of 1870 provided that the local authority
should have both the right and the duty of provid-
ing all new schools, and if an exception was made
the consent of the local authority had to be obtained.
The Act of 1902 in sections 8 and 9 allows "ten
rate-payers " to claim that a school not provided by
the authority is more "suitable," and it leaves the
Board of Education to decide the question after
consulting the parents. This is not a matter to be
decided by a few persons who happen to be tem-
porarily in the position of "parents" of scholars.
It is a matter of permanent public interest to be
decided by the whole body of local electors acting
through their local authority, and the principle of
1870 should be again established, and the clauses
of 1902 repealed. Any new Education Bill must
contain a clause to the following effect :
"(7) The local education authority shall provide
whatever schools it deems to be necessary for the
proper supply of education in its district ; and
sections eight and nine of the Education Act of
1902 are hereby repealed."
INSPECTION OF NON- AIDED SCHOOLS.
It will be noticed that existing proprietary schools
and others which do not obtain support from public
Liberal Members' Bill 143
funds are left untouched by the above scheme. It
is well known that the children and the nation
suffer much from inefficient private and other schools.
Every educational institution should be brought
under some inspection and supervision, and power
should be given to the public authority to prohibit
unqualified teachers and unsuitable buildings. Per-
haps, for the present, it would suffice to enact part
of clause 12 of the Education Bill of 1896, in the
following form, substituting " shall " for " may " :
" (8) The education authority shall
" (a) Make inquiries with respect to the sanitary
condition of the school buildings (including
boarding houses) of any school within
their district ; and
" (3) Make inquiries with respect to the educa-
tion given by any school within their
district (except a school which, in the
opinion of the Board of Education, is of a
non-local character) ; and
t( (c) Take such measures as they think fit for
giving information to the public with re-
spect to the result of such inquiries."
TRANSFER OF SCHOOLS.
All the foregoing provisions might alarm some
existing institutions unwilling to receive public aid
accompanied by proportionate public management,
or fearing the enlarged powers of providing schools,
given to the public authority. It would be only
144 The Religious Question in Education
right to give these institutions the power to call
upon the municipality to take over their schools at
a fair price. This is not uncommon in connexion
with other extensions of municipal enterprise ; and
a clause which was agreed to by a conference of
private school-masters and others when the question
was before Parliament some years ago, might be
inserted in a new Bill. It reads as follows :
" (9) The managers of any existing school recog-
nized by the Board of Education as suitable in
situation and premises for permanent use in connex-
ion with the supply of education in the district,
may call on the local education authority before
they take any steps to provide further school
provision, to take over their school ; and the Board
of Education shall fix to what extent the building
and premises are suitable for permanent use, and
should the local education authority and the
managers not agree as to price, shall determine
what price should be paid ; and in fixing the price
they shall have regard to the value of the premises
to the local education authority, and shall not
have regard to any profits of the schools."
TESTS FOR TEACHERS.
To secure an adequate supply of good teachers
it is essential to abolish the theological test which
deprives the State of the services of a large number
of competent instructors and degrades the teaching
profession. Although it is possible that a better
Liberal Members' Bill 145
form of words could be suggested, it is simplest for
the moment to take the words used in the Act of
1902 and apply them in a compulsory and compre-
hensive form, as follows :
"(10) In all schools, colleges, or institutions aided
or maintained by contributions from the local rate
or money provided by Parliament, teachers shall
be appointed without reference to religious creed or
denomination."
PUBLICITY.
The value of publicity is apparently not appreciated
to-day. It is the only sure foundation of public
control. Section 87 of the Act of 1870 made every
act, almost every thought of the school boards
public property, and to this they owe their magnifi-
cent record of purity and efficiency in administration.
Section 87 was repealed by the Act of 1902. It
made every document accessible, subject only to an
appeal to a Court of Summary Jurisdiction. And
this access to books and documents rendered it
futile to exclude the press or public from meetings
of the authority. It is desirable that section 87 of
1870 should be re-enacted as follows :
"(n) Every rate-payer in a school district may
at all reasonable times, without payment, inspect
and take copies and extracts from all books and
documents belonging to or under the control of the
education authority of such district.
" Any person who hinders a rate-payer from so
10
146 The Religious Question in Education
inspecting or taking copies of or extracts from any
book or document, or demands a fee for allowing him
to do so, shall be liable on summary conviction to a
penalty not exceeding five pounds for each offence."
Many minor details might have to be considered
if a bill were before Parliament, but the clauses
already sketched cover in broad outline the whole
plan of legislation required. The key-note is genuine
and complete popular control through the machinery
of democratic local self-government. This has
been the mainspring of national progress through
all the centuries of English history. The popular
election and, still more, the possibility of popular
dismissal of our governors in both national and
local affairs is the chief influence creating a strenu-
ous regard for the public good. The enemies of
popular education the education of the populace
are many and powerful. The experience of cen-
turies has shown that no real progress has been
made unless the driving force of genuine popular
control was applied. The recurring election, with
its appeal to public opinion, its call to those in power
to justify their acts, its opportunity to reformers to
state their ideals and press them effectively, is the
one great curb to reactionary and selfish interests,
the one great spur and instrument for progress.
INSTRUCTION RELIGIOUS AND SECULAR.
Nothing has been said about the curriculum, for
that is not a matter to be fixed by statute. Local
Liberal Members' Bill 147
freedom and initiative, wisely stimulated by the
central board, is the best provision.
Every interest presses upon education authorities
some subject which should be taught or should not
be taught Social prejudices are undying and the
"classes" have very definite views as to the proper
limits to the instruction of the "masses". Com-
mercial interests, claiming a rather sordid techni-
cality in education, are always active. The military
reformers clamour that the schools shall be made
feeders and bulwarks of the army, and they recently
succeeded in substituting purely military drill for a
more educational and beneficial system of physical
exercises. The Churches clamour that the schools
shall be made feeders and bulwarks of their sectarian
organizations, and they have too often succeeded,
at the cost of efficiency, progress, and freedom.
Social reformers, from the temperance advocate to
the anti-vaccinationist and the flag-waving " League
of Empire " ist, are always hammering on the school
door, hoping to use the national provision for educa-
tion for their sectional aims.
Genuine popular control is the true conciliator of
all these contending interests. Open public contro-
versy in the machinery of local self-government is
sometimes condemned, but it is a sound and whole-
some process of forming public opinion and making
it effective. The bitter fights of school board elec-
tions never penetrated to the schools except as a
persistent stimulus to efficiency, sensitively and
10 *
148 The Religious Question in Education
strenuously guided towards freedom and pro-
gress.
HIGHER INSTRUCTION OF THE INDUSTRIAL CLASSES.
One more point should be mentioned. Objection
may be taken to the uncompromising destruction
of the statutory barriers between what is called
"secondary" and "elementary" education. To
many the field of " secondary" education is a very
precious enclosure in which popular control and
municipal management would be disastrous. But
these when they speak of " secondary education "
are thinking of a few choice schools and a few
cloistered colleges together sheltering a few hundred
cultured scholars. But the education which Parlia-
ment has called "other than elementary" is a very
different matter. It covers the instruction, after fif-
teen years of age, of practically all the children of the
industrial and commercial classes, the technical train-
ing of our tradesmen who lay at our feet the pro-
ducts of the world, of the teachers, who are to train
the next generation, of the skilled artisans, the fore-
men clerks and commercial travellers who must
carry our commerce to all countries, the agriculturists
and the miners who apply science to tearing the
wealth from mother earth, the navigators, engineers,
seamen, and fishermen, who reap the harvest of the
sea, nay, even the special training of girls for the
domestic duties which must devolve on the vast
majority of women.
Liberal Members' Bill 149
The higher education, above the three R's, of all
these millions is not to be governed by alarmist visions
of a democratic desecration of Eton and Harrow,
Oxford and Cambridge. Numerically, these institu-
tions are unimportant all the students of all the
great secondary schools and all the Universities
could be hidden in a few of the thousands of institu-
tions for the higher education of the nation which
exist or are needed. Those alarmists may be reas-
sured. Genuine democratic public control, with
power to provide schools, colleges, and institutions
for the urgent needs of the nation, would treat the
old secondary schools with even exaggerated awe
and the most tender respect : they have nothing to
fear. But nothing less than genuine, unfettered,
democratic public control of national education will
suffice to provide the nation with the instruction and
the training it needs to maintain its commercial
position in the markets of the world, and its empire
in the sacred field of civilization and international
progress.
DRAFT EDUCATION BILL.
I. The powers and duties of a local education
authority to secure throughout their area
, r j -i t_i TheCom-
the provision of adequate and suitable ac- pulsory Pro .
commodation and instruction in public vision of
elementary schools shall extend to the Higher
,. * . , . . . Education.
provision of technical and secondary in-
struction, and to all grades of education.
150 The Religious Question in Education
2. When any elementary or secondary school,
college, or other institution receives aid
Public r u i i r
Manage- trom the local rates or from money pro-
mentof vided by Parliament, the local authority
shall be represented on the governing
body or committee of management in
such proportion as will, as nearly as may be, cor-
respond to the proportion which the aid received
from both of these sources and the fees, if any, of
the scholars, bear to the contribution towards main-
tenance made from all other sources. Provided
that no school may be aided by public money unless
the governing body contain a majority of governors
appointed by local representative bodies.
3. (i) When an education authority is or be-
Leaseor comes responsible for the entire cost of
Purchase of maintenance of any school, college or other
institution, it shall be entitled to take over
the buildings and premises if held in trust,
and if not in trust then by agreement for lease or
purchase, and thereupon all rights and powers re-
served to, belonging to, or claimed by any person
or persons other than the education authority in the
management of the school, shall cease.
(2) If the education authority decide not to make
a lease or purchase, they shall be free to leave the
old buildings and to establish and continue the
school or college, in unbroken succession, in other
buildings provided by themselves, and the school
or college shall thereupon be vested solely in the
Liberal Members' Bill 151
education authority and subject to all the conditions
of a school provided by the education authority
notwithstanding anything in any instrument of
trust.
4. There shall be an education authority separ-
ately elected in each municipal borough Local
or county district, urban or rural. Any Education
two or more education authorities may Authonties -
combine for joint action for any of the purposes of
the Education Acts, and the Board of Education
shall have power on the suggestion of the county
education authority to direct such combination or
to direct authorities to contribute proportionately to
schools or institutions used in common.
5. An education authority other than the edu-
cation authority of an administrative county, shall
consist of members directly 'elected for this purpose
by the rate-payers of the area for which the authority
is formed, provided that the local municipal council
of the area for which the education authority is
elected may also appoint members of the council to
be members of the education authority to a number
not exceeding one-fourth of the total.
Any education authority shall have the power of
levying a rate for any of the purposes of the Edu-
cation Acts.
6. No person shall be disqualified by reason of
sex or religious creed or residence for NoTes ts
being appointed or elected on any edu- for Public
cation authority or on any body of (
152 The Religious Question in Education
managers or committee controlling the provision of
education aided by public money.
7. The local education authority shall provide
Provision of whatever schools and institutions it deems
suitable to be necessary for the proper supply of
education in its district ; and sections eight
and nine of the Education Act of 1902 are hereby
repealed.
8. The Education Authority shall:
(a) Make inquiries with respect to the sanitary
inspection condition of the school buildings (including
boarding houses) of any school within
schools. their district ; and
(b) Make inquiries with respect to the educa-
tion given by any school within their
district (except a school which, in the
opinion of the Board of Education, is of a
non-local character) ; and
(c) Take such measures as they think fit for
giving information to the public with
respect to the result of such inquiries.
9. The managers of any existing school recog-
Protection nized by the Board of Education as suit-
of private able in situation and premises for perman-
ent use in connexion with the supply of
education other than elementary in the district may
call on the local education authority before they
take any steps to provide further school provision,
to take over their school ; and the Board of Educa-
Liberal Members' Bill 153
tion shall fix to what extent the building and
premises are suitable for permanent use, and should
the local education authority and the managers
not agree as to price, shall determine what price
should be paid ; and in fixing the price they shall
have regard to the value of the premises to the
local education authority, and shall not have regard
to any profits of the schools.
IO. In all schools, colleges, or institutions aided
or maintained by contributions from the Tests for
local rate or money provided by Parlia- Teachers -
ment, teachers shall be appointed without reference
to religious creed or denomination.
II. Every rate-payer in a school district may at
all reasonable times, without payment, in-
, , . . r Publicity.
spect and take copies and extracts from
all books and documents belonging to or under the
control of the education authority of such district.
Any person who hinders a rate-payer from so in-
specting or taking copies of or extracts from any
book or document, or demands a fee for allowing
him to do so, shall be liable on summary conviction
to a penalty not exceeding five pounds for each
offence. Provided that the education authority may
refuse to disclose any particular document if they
can satisfy a court of summary jurisdiction that the
demand for it is unreasonable.
12. The power to provide instruction in public
elementary schools shall include the instruction
of scholars in day schools up to the end of the
154 The Religious Question in Education
school year in which the scholar reaches the age
Definition of f sixteen ; and instruction in evening
Elementary continuation schools of scholars of all
Education. a g es m schools carried on in accordance
with a code for such schools laid yearly before
Parliament by the Board of Education ; and shall
also include the obligation of suitably training and
preparing pupil teachers up to the date of their
entering a training college or becoming assistant
teachers ; and shall include the power to aid by
scholarships or bursaries the instruction of scholars
beyond the age or standard of compulsory attend-
ance.
COMMENTS BY THE EDITORS.
It is a characteristic feature of this Bill that it
deals with the whole range of education, and not
simply with elementary schools. This is a merit
in the scheme so far as it calls attention to the fact
that the application of any principle of resettlement
to elementary education will probably involve a
later, if not immediate, extension of the principle to
secondary schools and training colleges. On the
other hand it is clear that this Bill, if it became law,
would extend the controversy as to religious edu-
cation from elementary to secondary schools.
That this controversy would be an exceedingly
bitter one is clear from the revolutionary character
of the Bill. Religious education of any kind is not
even mentioned. It is left entirely to the discretion
Liberal Members' Bill 155
of the local education authority to give any or none,
and if any to decide its character. It gives no right
to parents to have religious instruction given in the
schools if the rate-payers' representatives cannot
agree on any form of instruction, and by a bare
majority decide to have none. And, indeed, it
might in some cases be better that they should so
decide, for no security is given for its character and
efficiency. As no school coming under this univer-
sal State system may have its teachers appointed
with any reference to their religious beliefs, all non-
provided schools and training colleges together with
all secondary schools receiving any contributions
from rates or taxes, whether Church, Roman Cath-
olic, Jewish, etc., would cease to exist as denomina-
tional institutions. Nothing of a denominational
kind would be left but " existing proprietary schools
and others which do not obtain support from public
funds," and these are all brought by clause 8 under
the inspection of the local education authority, which
would be free to publish the results of its inquiries into
their educational work, on the ground that "as it is
well known that the children and the nation suffer
much from inefficient private and other schools,
every educational institution should be brought
under some inspection and supervision ". Thus
"democratic public control" is to deal with the in-
dividual parent and helpless minorities, much as the
French Government is now carrying out the prin-
ciples of the great Revolution in the sphere of
156 The Religious Question in Education
education. It is almost impossible to conceive
that Englishmen would submit to a tyranny which
is forcing some French parents who can afford it to
send their children out of their country in order that
they may be educated in accordance with their own
ideals, and not those of a majority of the French
democracy.
Clause i. Imposes upon the local education
authority the compulsory provision of higher edu-
cation within its area. The introductory mem-
orandum to the Bill fails to point out that the
Education Act of 1870 (by sections 6 and 8-13)
imposed upon the Education Department the duty
of determining in the first place with respect to
every school district, the amount of public school
accommodation required for such district. A school
board, with the duty of supplying such deficiency,
was required to be formed only in cases where
there was an insufficient amount of public school
accommodation, and in which such deficiency was
not supplied within a certain time by other agencies.
The Act of 1870 also gave the rate-payers and
school managers in the district who might feel
aggrieved by the first decision of the Education
Department, the right of appeal to the Department
against such first decision. In the present draft
Bill no such initiative on the part of the central
authority is proposed, and no right of appeal against
the decision of the local education authority is
granted to aggrieved persons in the district.
Liberal Members' Bill 157
Again, it is much more difficult to decide in techni-
cal, secondary, and higher education than it is in
elementary, what is sufficient and suitable provision
for a given district.
Clause 2. No representation on the manage-
ment, apparently, is to be given to those who have
provided the buildings, as the ground for represen-
tation is to be voluntary contributions for mainten-
ance. The proportion of these to rates and grants
would always be small except in a few richly
endowed schools, and practically this clause would
destroy all the present voluntary management.
Fees are counted as belonging to the same cate-
gory as rates and grants though they are surely
not public money, and should be classed as con-
tributions from the parents entitling them to a
share in the management. Secondary schools are
included in the operation of this clause. The use
of the buildings in the hands of the trustees might
be taken away even if some voluntary subscriptions
to maintenance are given, and the terms of the
trusts are ignored, for the management will be
transferred to the local education authority or
to a committee with a majority appointed by that
authority.
Clause 3, section i. When the local education
authority becomes responsible for the entire cost of
the maintenance of a school, its buildings can be
taken over by the local education authority (sub-
ject apparently to the provisions of clause 8 as
158 The Religious Question in Education
mentioned below) in spite of trusts, or bought if
the ownership is private. No right is recognized
in trustees to carry out the terms of their trust.
(Section 2.) The local education authority can
refuse to maintain any school in an existing build-
ing, and may provide a new one and remove the
children to it. The provision that " the school or
college shall thereupon be vested solely in the
education authority " is very obscure. A new
building on a new site would vest in the authority
without any statutory provision. On the other
hand, in spite of the drastic way in which the Bill
treats private rights and trusts, it seems natural to
suppose that the section is not intended to give the
power of annexing, but merely the hardly less
oppressive power of opening a rival school close by
and compelling the scholars to migrate. But then
there is the difficulty that the vesting provision
would be unnecessary in such a case, and also that
instruments of trust are mentioned which could only
apply to the old schools.
Clauses 4 and 5. The principle of election of the
local education authorities ad hoc instead of the pre-
sent system of statutory committees of councils is
reverted to in these clauses, with a curious exception
for administrative counties. There is a provision
enabling local municipal councils to nominate from
among themselves a number not exceeding one-
fourth of the total of the education authority which
would thus consist of three-fourths directly elected
Liberal Members' Bill 159
for educational qualifications, and one-fourth elected
for other work. The serious thing is the reversion
not only to ad hoc authorities, but to the old tiny
town school boards which were so little qualified to
govern the schools. The power of combination
would probably not be used by the smallest just be-
cause they were the narrowest and most jealous of
their neighbours.
Clause 9. Under this clause, entitled "Protec-
tion of private interests," if the local education
authority proposed to provide a school for education
other than elementary, the managers of an existing
school may ask the authority to take over their
premises if suitable for permanent use, or, rather,
may call upon them to do so. The Board of Edu-
cation have to fix the price in case of disagreement,
and apparently in the case of schools owned by in-
dividuals or associations no money is to be given for
the goodwill of the school, but only the bare value
of the premises to the authority. A school is usu-
ally built up by the energy and through the char-
acter of an individual, and this individualist contri-
bution to national education is an asset not to be
lightly thrown away.
VII.
THE SCHEME OF THE JOINT CHURCH
COMMITTEES (HOUSES OF LAY-
MEN AND OTHERS).
FOR THE SETTLEMENT OF THE EDUCATION
QUESTION ON THE BASIS OF THE RIGHT
OF THE PARENT AND THE EQUAL TREAT-
MENT OF ALL DENOMINATIONS.
THE following scheme drawn up with a view to
its being hereafter made the foundation of a Bill
has been prepared by the joint efforts of a Com-
mittee of the House of Laymen of the Province of
Canterbury (which for the most part of its proceed-
ings was in consultation with a similar Committee
from the Province of York), a specially repre-
sentative sub-Committee of the National Society,
and a Committee of representative Birmingham
and Manchester Churchmen sitting in Birming-
ham.
The scheme is based on the principle that, where
education is compulsory, the religious difficulty can
only be met by leaving the solution in the hands of
160
The Scheme of the Joint Church Committees 161
the parents. It is not proposed to destroy what is
known as the dual system that is to say, the con-
current existence of voluntary and council schools.
But within that framework, whether the schools be
voluntary or council, and whether they be attached
to a particular denomination or not, the scheme
provides that all parents of whatever persuasion
shall be treated alike and shall be asked to state the
form of religious instruction they require for their
children, and that, unless the parents requiring any
particular form are a very small number, it shall be
the duty of the school authorities to make provision
for such instruction accordingly, and of the denomi-
national authorities to see that this instruction is of
the proper standard and the teachers competent to
give it.
Though it is made incumbent upon the education
authorities and managers to do their best to co-
operate with the scheme by appointing suitable
teachers, in the council schools no teacher is to be
compelled to give any form of religious education and
no teacher is to suffer pecuniarily whether he does
or no. If for this reason or for any other there is
no teacher available, recourse must be had to out-
side assistance. Lastly, in order to get rid of the
intolerable bickering with the education authorities
and the Board of Education as to the meaning of
the Education Acts, an appeal is given to the High
Court on all questions of law.
1 62 The Religious Question in Education
THE SCHEME.
School Register Provision of Religious Teaching
as desired by Parents Syllabus.
Clause i. (i) The parents or guardians of chil-
dren attending any elementary school shall on first
admission signify by entry in a school register
provided for such purpose, alterable on reasonable
notice, what kind of religious education, if any, they
wish their children to receive, and it shall be the
duty of the local education authority in the case of
provided schools, and of the board of managers in
the case of non-provided schools, to provide during
school hours for the giving of religious instruction
in accordance with the requirements of parents or
guardians, provided always that such provision shall
not be obligatory in the case of less than twelve
children in any school department, provided also
that there are not sufficient vacancies in any school
giving the kind of religious instruction required
within one mile in rural districts, or half a mile in
urban districts, measured according to the nearest
road from the children's residences.
(2) Where the number of children requiring a
particular kind of religious instruction is less than
twelve, the local education authority or the managers
may nevertheless, if they think fit, provide such
religious instruction, and if not must give adequate
opportunity for such instruction, during the time set
The Scheme of the Joint Church Committees 163
apart for religious instruction, either within or with-
out the school buildings.
(3) The religious instruction shall be given under
a syllabus prepared by the representative organiza-
tion concerned.
Observance of Trust Deeds and Denominational
Ties Appointment of Teachers Hours for
Religious Teaching Inspection Attendance at
Schoolhouse during Religious Teaching Hour
compulsory.
Clause 2. (i) Nothing in this Act shall derogate
from the obligation in non-provided schools of
making provision for religious instruction according
to the trust-deed (if any), nor prevent the managers
of other non-provided schools from making provision
for religious instruction according to the denomina-
tion to which the school is attached, and in either
case teachers on the regular staff shall be appointed
accordingly.
(2) Subject to the above provision, qualified
teachers who are willing to give the kind of religious
instruction required shall, so far as possible, be ap-
pointed on the staff both in provided and non-
provided schools, but no such teacher shall be
compelled to give the religious instruction.
In default of there being sufficient teachers on
the staff who possess the qualification prescribed by
the regulations made in that behalf by the representa-
tive organization concerned, this organization may
ii *
164 The Religious Question in Education
appoint a person or persons from outside to give
such religious instruction.
(3) The religious instruction shall be given for a
clear half-hour daily or an equivalent ' time in each
week and shall be given at the opening of the
school, unless the local education authority or the
managers in order to enable the religious lesson to
be given by the same teacher in various schools on
the same day, or under special circumstances, fix
any other time during school hours.
(4) During the time of religious instruction the
school shall be open to inspection by the organiza-
tion under whose syllabus such religious instruction
is being given, subject to regulations to be approved
by the Board of Education.
(5) The obligation of a parent or guardian to
cause a child to attend school shall, notwithstanding
any by-law, include an obligation to cause such
child to attend at the schoolhouse during the portion
of the school hours allotted to religious instruction,
provided that a parent or guardian shall not be
subject to any penalty for not causing his child to
attend the schoolhouse during the time allotted to
religious instruction if he shows to the satisfaction
of the Court that he has caused his child during
such time to attend some form of religious instruction
elsewhere.
Definition of term " Organization ".
Clause 3. " Organization " means an organization
for religious instruction approved by the Board of
The Scheme of the Joint Church Committees 165
Education for the area of any local education
authority or for a specified area approved by the
Board of Education and shall be representative
either of any particular religious denomination or
group of denominations, or for such time as no
representative organization has been formed shall be
appointed by the local education authority itself.
Control of Religious Teaching by Organizations
through Local Education Authority or Board
of Managers.
Clause 4. An organization may, subject to
regulations to be approved by the Board of Educa-
tion, make provision for the inspection of religious
instruction, and may make representations to the
local education authority or the board of managers,
if the religious instruction is in their opinion un-
satisfactory. It shall be the duty of the local educa-
tion authority or the board of managers to consider
such representations, and to take such action thereon
as may be necessary to comply with the provisions of
this Act in the giving of religious education.
Treatment of Teachers to be Impartial Contribu-
tions by Local Education Authority towards
Religious Teaching from outside to be Non-
preferential.
Clause 5. (i) All teachers on the staff in public
elementary schools in the area of the same local
education authority shall have the same right to
1 66 The Religious Question in Education
compensation and shall be paid salaries according
to the same scale, and shall be paid neither more
nor less, and have neither more nor less claim to
promotion whether they give or abstain from giving
any form of religious instruction.
(2) Either in provided or non-provided schools
the local education authority may contribute towards
the expenses of teachers of religious instruction
not on the regular staff.
Provided that in all such dealings with teachers
not on the regular staff, no preferential treatment
shall be given to any one kind of religious teaching
as against another.
Powers of Denominational Schools to reserve
A ccommodation.
Clause 6. No denominational school shall be
compelled to receive children whose parents re-
quire them to receive religious instruction other
than that of the denomination to which the school
is attached where it can be shown that the number
of children of school age whose parents desire them
to attend the school within the next school year,
and who belong to the denomination of the school
in question, will occupy all the available accom-
modation.
Powers of Trustees and Owners to enlarge and
improve Non-Provided Schools.
Clause 7. Whenever it can be shown that
increased accommodation is required in any non-
The Scheme of the Joint Church Committees 167
provided school for children of parents belonging
to the denomination to which the school is attached,
the trustees or owners of such school shall, subject
to conformity with the building regulations of the
Board of Education, be allowed to increase and
improve the accommodation of such school.
Recognition of Voluntary Schools and establishment
of Provided Schools on cause being shown by
Parents.
Clause 8. (i) If the parents of not less than
fifty children in any rural district or 100 children
in an urban district desire a school of a specified
denominational type and can show that there is no
such school with available accommodation within
two miles of their places of residence if in a rural
district, or one mile in an urban district, measured
by the nearest road, a school of this type, erected
by private contributions, shall receive recognition
as a public elementary school.
(2) In cases where the parents of a similar
number of children desire a provided school, on the
ground that no such school is available within two
miles of their places of residence if in a rural district,
or one mile in an urban district, measured by the
nearest road, they may appeal to the Board of
Education, and the Board shall, after holding a
public inquiry, determine whether having regard to
the provisions of section 9 of the Education Act,
1902, such school is necessary, and in the event of
1 68 The Religious Question in Education
the Board so deciding the provisions of section 16
of the same Act shall apply.
Reversion of condemned Denominational Schools to
their Denominations.
Clause 9. Where a denominational school is
condemned by the Board of Education as no longer
to be used as an elementary school, such school
shall revert to the denomination for denominational
purposes.
Administration of Trusts of disiised Denominational
Schools for purposes of the Denomination con-
cerned.
Clause 10. Where any school held under trust
and connected with a religious denomination ceases
to be used for public elementary school purposes,
it shall be the duty of the trustees to continue to
administer the trust as nearly as may be for the
purposes prescribed in the trust-deed so far as these
are any longer required, and in any case for some
religious, social, or educational purpose of the
denomination to which the school is attached.
Rights of Organizations and Parents to appeal:
(1) from Local Education Authority or
Board of Managers to Board of Education :
(2) from Board of Education to High Court.
Clause 1 1. Any organization which has made a
representation to the local education authority or to
the board of managers under clause 4 hereof, and
The Scheme of the Joint Church Committees 169
any number (not less than five) of parents or
guardians of children attending any particular school,
shall have a right of appeal to the Board of Educa-
tion on the ground that the local education authority
or the managers have not complied with the provi-
sions of this Act in the giving of religious instruction.
On such appeal the Board of Education shall give
such directions as are in their opinion necessary to
ensure compliance with the provisions of this Act
by the local education authority or the managers.
An appeal shall lie from the Board of Education
to the High Court of Justice in any matter involving
a question of law.
COMMENTS BY THE EDITORS.
This scheme contemplates the maintenance of the
dual system, i.e. non-provided schools alongside of
the provided. Like Sine Nomine it recognizes the
unsuitability of the local authority for dealing with
religious questions, and therefore endeavours to
remove religious teaching from its purview, but the
teaching is to be given, as far as possible, by the
regular teachers in both provided and non-provided
schools.
The scheme derives its significance from the fact
that it is the joint work of several important bodies
of Churchmen, such as the National Society, and
representatives of Church educationists in the
Midlands and in the North of England, working in
connexion with committees appointed by both the
170 The Religious Question in Education
Canterbury and York Houses of Laymen. On 6
July, 1910, it was submitted to the Canterbury House
in the form of a report, when the following resolu-
tion was passed :
" That the Report of the Committee on Education
be received and adopted, and that it be an instruction
to the committee to prepare a draft bill on the
general lines thereof, after due consideration of
existing schemes, founded on the recognition of
religious equality and parents' rights. But this
House desires to place it upon record that no settle-
ment of the education question will be satisfactory
which does not secure full opportunity for the
training of teachers qualified to meet the religious
requirements of the parents, in accordance with the
recommendations of this report."
The scheme, therefore, merits attention as having
behind it a considerable mass of Churchmen, and
in particular, lay Churchmen, and as representing
something of a compromise between two main
schools of Church opinion those who would aban-
don the system of Church schools for full opportuni-
ties for Church teaching in provided schools, and
those who would maintain the existing Church
schools at all costs as being the only satisfactory
guarantee for such teaching. A scheme produced
under these conditions cannot be compared to
advantage with those which are the work of indi-
viduals, and to its genesis is to be attributed a
certain obscurity and inconsequence in some of its
The Scheme of the Joint Church Committees 171
provisions. Nevertheless, in spite of its having
passed through the hands of several distinct com-
mittees, it is a fairly consistent whole and affords a
valuable indication of the direction in which the
minds of some of the Church's foremost education-
ists are moving.
Clause i. --The scheme does not contain a
schedule showing the form of the proposed school
register in which parents would be required to
signify the kind of religious education, if any, which
they desire their children to receive. Would re-
ligious instruction under the Cowper-Temple clause
be one of the normal types offered to the choice of
the parents ? (See clause 3.)
Section 2. The proposed appointment of teachers
according to their qualification and willingness to
give some form of religious instruction (denomina-
tional or otherwise) desired by the parents would no
doubt be attacked as involving " tests for teachers ".
We have already discussed this in our note on the
Hope-Eden scheme. (See page 58.)
Clause 2, section i. In many cases it is difficult
to say that a non-provided school is attached to any
particular denomination.
Section 2. The local education authority is put
under a statutory obligation by section 2 to appoint,
as far as possible, both in provided and non-provided
schools qualified teachers willing to give the kind
of religious instruction required. As the scheme
stands, the authority, in selecting a candidate for a
172 The Religious Question in Education
vacant post would naturally ascertain his willingness
to give the kind of religious instruction for which
there would not otherwise be provision on the staff,
although after appointment the teacher could not
be compelled to give such religious instruction. If
both the authority and the teacher fail, and there
is pointedly no statutory obligation on either, then
the representative organization concerned is to ap-
point a teacher from outside, so that in some way
the parental demand may be satisfied. This
system of outside teachers would be disliked by all
concerned with the management and discipline of
the school, and the promoters of the scheme, no
doubt, trust to this dislike to prevent the introduc-
tion of the alternative.
Section 5. Is this intended to cover religious
services in Church ? If so the word "observance "
should be added. Attendance at worship is doubt-
less education, but would a court hold it to be
instruction ?
Clause 3. This clause has been altered for the
better since the scheme was presented to the Can-
terbury House of Laymen, and now avoids the
danger of the scheme being wrecked by it from
the promoters' point of view. The original pro-
vision that an organization might be appointed by
the local education authority itself was designed
to provide for the case of parents demanding un-
denominational instruction for the superintendence
of which no other organization might exist. But
The Scheme of the Joint Church Committees 173
this might easily have led to the establishment of
Cowper-Templeism as the official religious teaching
in provided schools, given by the regular teachers
under the authority of, and according to a syllabus
prepared by the Local Education Authority.
Clause 4 (and 10). If there is any serious pos-
sibility of administrative friction, clauses 4 and 10
should be more detailed and should show how the
representations of the organization are to be carried
out.
Clauses 7 and 8. The scheme as it stands does
not repeal section 9 of the Education Act of 1902,
but proceedings under the scheme would not be
governed by that section. It is noteworthy that
Churchmen and other denominationalists would
have the cost of building thrown upon them when
parents desired accommodation of this type, whereas
the undenominationalists would get the building
provided for them out of the rates. This inequality
of treatment we understand to be deliberately
accepted by the authors of the scheme as their
contribution to a final settlement.
Clause 10. The scheme contains in this clause
that appeal past the Board of Education to the
High Court of Justice which seems desirable in
order to protect the administration of the Education
Acts as far as possible from political influences.
VIII.
THE EDUCATIONAL SETTLEMENT
COMMITTEE'S SCHEME. 1
OUTLINE OF A PLAN OF RE-SETTLEMENT IN
ENGLISH ELEMENTARY EDUCATION.
INTRODUCTORY NOTE.
THE aim of the following proposals is to secure :
i. A national system of educational organization
under public control.
2. Religious teaching as an integral part of
school life (subject always to the right of withdrawal
under the conscience clause), and adequate oppor-
tunities for such teaching in all schools and training
colleges under public control.
3. Administrative arrangements favourable to
sincerity and reality in such religious teaching with
full respect for various forms of conscientious belief
among parents and teachers alike.
4. The removal of the grievances which exist in
1 A Bill, based upon this scheme and approved by the Educational
Settlement Committee, was introduced by Mr. T. E. Harvey, M.P. (one
of the Honorary Secretaries of the Committee) and others into the House
of Commons on 12 July, 1911, and has been printed as a Parliamentary
paper.
174
Educational Settlement Committee's Scheme 175
areas in which there can be no effective choice of
schools.
5. The recognition (where the parents so desire)
of denominational schools or other alternative schools
in districts where an effective choice of schools can
be given.
6. Avoidance, so far as is compatible with the
above objects, of religious division within the school.
SECTION I. REMOVAL OF THE GRIEVANCE IN AREAS
WHERE THERE IS, AND CAN BE, NO EFFECTIVE
CHOICE OF SCHOOLS, BY MEANS OF THE EX-
TENDED APPLICATION OF THE PRINCIPLE OF
PUBLIC CONTROL IN ELEMENTARY EDUCATION.
(i) Access to an elementary school under public
management to be brought by the local education
authority within the reach of every child.
(ii) In any area in which the interests of effi-
ciency in secular education preclude the recognition
of more than one elementary school, that school to
be one provided by the local education authority.
In such areas, after the expiration of two years
from a day to be appointed by the Act [with a
further extension if desired by the local authority
and approved by the Board of Education], no
grants from public money to be paid to any ele-
mentary school not provided by the local education
authority. In order to meet the needs of the tran-
sitional period which would immediately follow the
176 The Religious Question in Education
passing of the Act, grants from public funds (central
and local) to be continued to all existing non-pro-
vided schools for such period not exceeding two
years after the passing of the Act as may be re-
quired for the completion of the necessary negotia-
tions between the local education authority and the
trustees or owners of the schools. On the applica-
tion of the local education authority this period may
be prolonged with the consent of the Board of
Education for such further time as may be necessary
for the provision of new school buildings.
(iii) The local education authority to decide in
the case of each area whether the interests of effi-
ciency in secular education allow the recognition of
more than one school in an elementary school area.
(iv) The local education authority to be free,
after considering the distribution of the population
of the district, to group together two or more ad-
jacent parishes, or parts of parishes, as forming one
educational area for the purposes of elementary
education.
(v) Any decision of the local education authority,
under (iii) or (iv) above, to be subject to an appeal
either to the Board of Education or to a special
temporary commission appointed by Parliament.
2.
(i) The terms as to the transfer (on lease or other-
wise) to the local education authority of the buildings
and premises of non-provided schools now existing
Educational Settlement Committee's Scheme 177
or hereafter to be erected, to be left to negotiation
and settlement between the trustees or owners of
the schools and the local education authority con-
cerned. But every such arrangement to be subject
to the approval of the Board of Education, and to
be so framed as to enable the local education author-
ity to provide, should it so desire, religious instruction
in accordance with section 14 (2) of the Elementary
Education Act, 1870.
(ii) In any area in which the interests of efficiency
in secular education preclude the recognition of
alternative schools, the local education authority to
be required, in the case of any school which may
by transfer under the Act become a council school, to
provide accommodation in the schoolhouse for the
giving of religious instruction of a type in accordance
with the provisions of the trust-deed of the school
so transferred (or, in the absence of a trust-deed, in
accordance with the previous practice of the school)
for any child whose parent may desire such special
religious instruction. Accommodation to be pro-
vided during the first clear half-hour of the morning
meeting (or at such other time during school hours
as may be found convenient) on any or all school
days in each week, so far as may be required for
the purpose of the regular provision of such special
religious instruction. The expense, if any, of such
special religious instruction (other than any expenses
incidental to the use of the school building) to be
defrayed from voluntary sources.
12
178 The Religious Question in Education
In the judgment of some of the members of the
committee, a similar privilege might fairly be
granted in the case of other denominational schools
which have been transferred by lease to the local
education authority since the year 1895, wh en the
growing expense of education began to throw upon
many school managers a strain which compelled
them, often with extreme reluctance, to transfer the
buildings for use by the local authority.
SECTION II. PROPOSALS FOR THE IMPROVEMENT
OF THE RELIGIOUS INSTRUCTION IN COUNCIL
SCHOOLS.
i . General.
(i) It shall be the duty of every local education
authority either itself to provide religious instruction
in all council schools for all children whose parents
desire it, or in default of such provision, to afford
full opportunity for any voluntary organization
(approved for the purpose by the Board of Educa-
tion) to give religious instruction within the recog-
nized hours of school attendance, as explained in
subsections (ii) and (iii) below.
(ii) The school-attendance by-laws of every local
education authority shall be so framed as to allow a
parent to withdraw his child from part or from the
whole of the religious instruction given in any public
elementary school in order to receive some other
form of religious or moral instruction outside the
school buildings during the time assigned to religious
Educational Settlement Committee's Scheme 179
instruction in the school time-table. The conditions
regulating attendance at any such alternative form
of religious instruction to be subject to the approval
of the local education authority.
(iii) In all council schools (whether the local educa-
tion authority itself provides religious instruction or
not), the period set apart for religious instruction in
the school time-table to extend to at least a clear half-
hour on every school day (and preferably at each
morning meeting) for children who have reached
the class corresponding to Standard III, or for an
equivalent period in each week. For younger chil-
dren, arrangements suitable to their age to be made.
(iv) A child withdrawn by its parent under the
conscience clause from the religious instruction, if
any, provided by the local education authority, and
not receiving in lieu thereof some other form of
religious or moral instruction under arrangements
approved by the local education authority, to be
required to be in attendance at school during the
time set apart for religious instruction in order to
receive instruction in other subjects.
(v) H.M. Inspectors to be permitted to ascertain
by a study of the curriculum (if requested to do so
by the local education authority in the case of a
council school, or by the managers in the case of
an alternative school) to what extent the course of
religious teaching includes moral instruction in the
subjects prescribed by the Code of Regulations for
the time being in force.
12 *
180 The Religious Question in Education
This recommendation is designed to facilitate a closer con-
nexion between the moral instruction (now required by Article
3 of the Code " to form an important part of the curriculum of
every elementary school ") and the course of religious instruction
in the school. The course of moral instruction comes under
the supervision of H.M. Inspector. The latter, however, does
not inspect the religious teaching and might (under Section 7
(3) of the Elementary Education Act, 1870) decline to take
any cognizance of it. It is desirable that the local education
authority and the managers of alternative schools should have
the right of showing to H.M. Inspector's satisfaction that the
requirements of the Code in regard to moral instruction are
met wholly or in part in the course of religious instruction.
(vi) For the purpose of assisting the local edu-
cation authority in the provision and superintendence
of this religious instruction, a Religious Instruction
Committee (including persons of experience in the
religious education of the young) to be appointed
by the local education authority under a scheme
drawn up by the authority and approved by the
Board of Education the persons chosen to serve
on such a committee not necessarily to be members
of the local education authority.
NOTE. Such a committee would be able to render valuable
service to the local education authority in connexion with the
religious instruction given in the schools. It would naturally
be charged with the duty of framing or revising the syllabus
of the religious teaching which the local education authority
might provide in schools under its control. The committee
might also assist the local education authority by making
arrangements for the voluntary training of teachers for the
work of giving religious instruction, and might help the teachers
Educational Settlement Committee's Scheme 181
by the loan of books and by the organization of special courses
of study.
2. In cases in which the Local Authority itself
provides Religious Instruction.
Religious instruction, where provided by the
local education authority, to consist (subject to the
right of parents to withdraw their children from any
part or from the whole of it) of instruction in the
Bible and in the principles of the Christian religion
and to include instruction in personal and civic duty.
But in the case of council schools largely attended
by Jewish children, the arrangements already made
under the existing law to be continued.
3. In cases in which the Local Authority may de-
cide not itself to provide Religious Instruction.
In case the local education authority decides,
in respect of any elementary school or district under
its control, that it will not itself provide this re-
ligious instruction, it shall permit voluntary arrange-
ments to be made for the giving and superintendence
of religious instruction by any organizations (being
representative of one or more denominations or of
an association of teachers) which are approved by
the Board of Education for the area of the local
education authority concerned. But, in permitting
such voluntary arrangements, the local education
authority shall show no unfair preference to any
religious denomination.
1 82 The Religious Question in Education
The religious instruction thus arranged shall be
given at such times as may be found convenient
within the hours of compulsory school attendance,
and (as far as is practicable) the school buildings
shall be made available for this purpose. But the
expenses, if any, incurred in connexion with it,
shall be defrayed from voluntary sources.
4. Opportunities for Voluntary Study of Reli-
gious Subjects in all Training Colleges.
All local education authorities and governing
bodies of training colleges to provide opportunities
for those preparing themselves for the teaching
profession to qualify themselves (if they so desire)
by study and training for the work of giving re-
ligious instruction in schools.
It is not suggested that the local education authority or
governing body should necessarily itself provide instruction in
these subjects. Approved organizations might be allowed to do
this, if the local education authority so preferred.
SECTION III. DIVERSITY OF TYPE AMONG ELE-
MENTARY SCHOOLS IN DISTRICTS WHERE
CHOICE OF SCHOOLS CAN BE ALLOWED WITH-
OUT DETRIMENT TO THE EFFICIENCY OF IN-
STRUCTION IN SECULAR SUBJECTS.
i. Where choice of elementary schools is possible
without, detriment to the efficiency of the instruction
given in secular subjects, it is desirable on educa-
tional grounds to permit variety of type in accord-
ance with parental preference, provided that all the
Educational Settlement Committee's Scheme 183
schools are required to comply with an equal standard
of efficiency and to submit themselves to Govern-
ment inspection.
In any area, therefore, where alternative elemen-
tary schools can thus be sanctioned for children of
similar age, the local education authority should be
required, in meeting the educational needs of the
district, to have regard to the wishes of the parents
of the children of school age in the district, as to the
type of school which they would prefer their children
to attend.
But the recognition and maintenance of any alter-
native school or schools in a district should be con-
ditional upon there being accommodation in a council
school conveniently accessible to every child in that
district whose parents desire him to attend such a
school.
2. The following procedure is suggested as a
convenient means of dealing in each of these areas
with three questions likely to arise at different stages
after the passing of the Act, viz. :
(a) Which of the denominational schools existing
in the area at the time of the passing of the
Act should continue to be recognized as
grant-earning schools with a view to meeting,
with the greatest educational efficiency, the
preferences of the different groups of parents
concerned ?
(6) How should a desire for the recognition of
additional alternative (i.e. "non-provided")
184 The Religious Question in Education
schools in the area be brought under the con-
sideration of the local education authority,
and on what conditions should the local
education authority be required to grant this
recognition ?
(c) What steps should the local education authority
be required to take before withdrawing re-
cognition from any alternative (i.e. "non-
provided ") school, the continuance of which,
though sanctioned after the passing of the
Act, might subsequently be deemed unneces-
sary owing to the movements of the popula-
tion or for other causes ?
(a) Continued Recognition of Existing Denomina-
tional Schools. Immediately after the passing of the
Act, the local education authority to frame a scheme
showing which of the existing denominational schools
in its area it proposes to continue to recognize as
grant-earning alternative schools. In this scheme
the local education authority to arrange that sufficient
accommodation is secured in alternative schools
within reach of those children whose parents desire
it. In case it has to decide which school or schools
out of several schools belonging to one denomination
shall cease to receive grants from public money, the
local education authority should be required to
negotiate not with the managers of the individual
schools but with an association approved by the
Board of Education as representing the group of
schools concerned, and to make provision for the
Educational Settlement Committee's Scheme 185
protection of displaced teachers from financial loss.
Its scheme for the recognition of different types of
elementary school accommodation within the area
should be published by the local education authority
and submitted by it for approval to the Board of
Education. The latter should be bound to consider
any representations made in regard to it by residents
in the district, and should, after such local inquiry
as it might deem necessary, determine any questions
in dispute.
(6) Recognition of New Alternative Schools.
Any memorial for the recognition of a new alternative
school, signed by the parents of not less than sixty
children of school age in the school district concerned,
should be taken into consideration by the local edu-
cation authority. If, on inquiry, it should be found
by the local education authority that the parents of
not less than 1 50 children of school age, belonging
to one denomination in that school district, desire
their children to attend a public elementary school
of a type other than that provided by the local edu-
cation authority, and if suitable buildings and pre-
mises are provided (or undertaken to be provided)
for the purpose out of funds derived from voluntary
sources, the local education authority to be required
(subject to the approval of the Board of Education)
to recognize and maintain such a school, so long as
its continued recognition and maintenance are in
accordance with the wishes of the parents of a number
of children sufficient to enable the school in question
1 86 The Religious Question in Education
to be carried on with due efficiency and without im-
posing upon the local rates a cost exceeding the
average cost of maintaining a school of similar size
in the same district. In case, in such circumstances,
the local education authority should refuse to grant
recognition to a new alternative school, an appeal
to lie to the Board of Education.
(c] Withdrawal of Recognition from an Alter-
native (i.e. Non-provided School}. If at any time,
owing to a decline in the number of children attend-
ing the school, or for other reasons affecting its
educational efficiency, the local education authority
should deem it desirable to withdraw recognition
and maintenance from an alternative school in its
district, it should be required to give to the mana-
gers of the school twelve months' notice of its in-
tention, and to frame and publish a scheme showing
how it proposes to meet the educational means of
those children in that part of its district whose par-
ents prefer for them an alternative school of the
given type, and how to protect the displaced teachers
from financial loss. Parents of children of school
age in the district immediately concerned should, if
dissatisfied with the proposals made by the local
education authority, have a right of appeal to the
Board of Education. The latter, after such local
inquiry as it may consider necessary, to have the
power to determine the question in dispute.
3. The teachers in all alternative schools shall
be paid salaries according to the same scale as
Educational Settlement Committee's Scheme 187
that in force for the council schools in the same
area.
4. Any alternative school thus maintained by
a local education authority to be deemed to be a
public elementary school for all purposes of the
Elementary Education Acts, and its scholars and
teachers to enjoy all the rights and opportunities
(e.g. access to scholarship competitions, admission
to special classes, etc.) which are given to scholars
and teachers in the council schools in the same area.
5. Apart from damage done by fair wear and
tear in the use of the rooms and furniture for the
purposes of an elementary school, the schoolhouse
and premises of any alternative school to be pro-
vided and kept in structural repair by funds derived
from voluntary sources.
6. On the body of managers of every alter-
native (i.e. non-provided) school, the foundation
managers should be in a majority.
7. In the case of alternative schools it is neces-
sary to secure that the teachers are in harmony
with the distinctive character of the school. Either
therefore (i) the appointment of the teachers should
(as at present) lie with the managers, the local au-
thority retaining its existing right of veto on edu-
cational grounds, with the further provision that
any appointment made by the managers should
only be confirmed by the local education authority
after due consideration of the educational needs of
the district, and not merely of the exigencies of the
1 88 The Religious Question in Education
particular school, or (2) the actual appointment of
the teacher should be made by the local education
authority, with the proviso that the local authority
should consult the managers before making the
appointment and should subsequently obtain their
assent to a proposed appointment before the latter
is confirmed.
SECTION IV. RELIGIOUS FREEDOM FOR
TEACHERS.
i. In all schools provided by the local education
authority (which, it will be remembered, will form
the vast majority of the schools throughout the
country) no teacher employed or seeking employ-
ment in the school to be compelled as a condition
of his employment to subscribe to any religious
creed, or to belong or not to belong to any specified
religious denomination, or to attend or abstain from
attending any Sunday school or place of religious
worship, or (except in the case of a teacher em-
ployed to give religious instruction only) to give
any religious instruction.
NOTE. This resolution is designed to secure that through-
out the whole system of schools provided by the local education
authorities the whole career of teaching both as regards first
appointment and subsequent promotions shall be effectively
opened to all persons otherwise qualified, without consideration
of their belonging or not belonging to any specified religious
denomination, or signifying their assent to any religious creed.
The committee believe that such freedom to the teacher in
council schools from religious subscriptions and tests will con-
duce to the best interests of religious teaching in the schools,
Educational Settlement Committee's Scheme 189
and most effectively promote reality and sincerity in the religious
instruction. But the committee do not intend thereby to
derogate from the right and duty of the local education authority
to make inquiries in such manner as they think best in order
to assure themselves of the character of those whom they
appoint as teachers in their schools.
2. In council schools (including transferred de-
nominational schools), head teachers (other than
those already holding that office) should not be free
to give in the school religious instruction other than
that provided by the local education authority.
In view of the special administrative responsibilities attached
to the head teacher's position, this proviso is necessary, especi-
ally in the case of transferred denominational schools in the
villages, in order to safeguard the neutrality of the school
(while at the same time promoting the unity of its religious life)
at a time of administrative transition.
3. Assistant teachers in council schools (includ-
ing transferred denominational schools) should be
free to offer themselves for any part of the religious
instruction which may be arranged for children
attending the school, but it should be within the
discretion of the local education authority to make
other arrangements, if thought desirable on account
of the risk of provoking religious controversy in any
particular school or district.
4. In alternative schools the managers (among
whom the foundation managers would in all cases
be in a majority) should be allowed to assure them-
selves, in the case of any candidate for appointment
to the staff, that he or she is in sympathy with the
190 The Religious Question in Education
principles upon which the work of the school in
question is carried on.
[For the appointment of teachers in non-provided
schools, see section 3 (7), above. For appeals in
case of dismissal, see section 6, below].
5. All teachers, whether engaged in council
schools or in alternative schools, to be paid by the
local education authority neither more nor less
whether they do or do not give religious instruction.
[To this a minor exception would be made in the
special (though doubtless rare) case of a teacher
being appointed by the local education authority to
give religious instruction only.]
6. On educational grounds it is desirable that
there should be variety of type among training col-
leges ; some being residential, others non-residential ;
some denominational, others non-denominational.
It is desirable that the Board of Education should
take into consideration the advisability of permitting,
under reasonable conditions, but only with the
consent of the authorities of the college concerned,
the establishment of non-denominational hostels in
connexion with some denominational colleges, and,
vice versa, of denominational hostels in connexion
with some non-denominational colleges.
SECTION V. APPEALS TO THE HIGH COURT.
In all questions of law there should be an appeal
from the Board of Education to the High Court of
Justice.
Educational Settlement Committee's Scheme 191
SECTION VI. APPEALS IN CASE OF DISMISSAL.
It is desirable that a Court of Appeal should be
established at the Board of Education to investigate
and determine any cases of dispute in regard to the
alleged unjustifiable dismissal of a teacher in a
public elementary school. Such a Court of Appeal
might conveniently consist of a permanent legal
member with two assessors (to be appointed from
time to time with special regard to the nature of
the case), one assessor possessing experience as
a teacher and one possessing experience in local
educational administration.
SECTION VII. THE NEED FOR EARLY INQUIRY AND
REPORT AS TO THE PRESENT ACCESSIBILITY
OF COUNCIL SCHOOL ACCOMMODATION, ESPECI-
ALLY IN RURAL DISTRICTS.
In preparation for an extension of public control
in elementary education in all areas, urban and
rural, in which at present children have not the op-
portunity of attending an elementary school provided
by the local education, it is desirable that each local
education authority should now be requested by
the Board of Education to submit a scheme, in-
cluding a map of the districts concerned, showing
where it would be necessary to have council schools
in order to bring an elementary school under public
management within the reach of every child. These
192 The Religious Question in Education
schemes should be published as soon as possible as
a Parliamentary paper.
COMMENTS BY Two OF THE EDITORS. l
The Educational Settlement Committee was
hastily formed at the end of 1908 primarily in sup-
port of Mr. Runciman's Bill. That Bill, it will be
remembered, was dropped, as, after the vote of the
Representative Church Council, it became evident
that, far from being accepted as a compromise, it
would meet with the most determined opposition
from the supporters of denominational education.
After the disappearance of the Bill the committee
was continued, it was strengthened by the addition
of other members drawn from a wide educational
circle representing different forms of educational
experience, and it undertook to consider, at leisure,
proposals for a settlement of the religious difficulty.
The result is the scheme before us, which was
published in July, 1910. A scheme with so strong
a body of educational experts behind it merits the
most careful examination and consideration.
That the scheme should have met with a chorus
of disapproval from opposite quarters could not have
been wholly disappointing to its promoters, for
their obvious reply would be that opposite criticisms
1 In this case two only of the editors are responsible for the comments
which follow. Professor Sadler's close connexion with the preparation
of this scheme made this course necessary, as he wished to leave his
colleagues freedom in criticizing proposals to which he himself adheres.
Educational Settlement Committee's Scheme 193
but increase the strength of a middle position. And
there can be no doubt that in England anything
which can be described as a compromise starts with
much public feeling in its favour. We are racially
inclined to leave abstract principles on one side and
to conduct our public affairs by a deliberate system
of balance and check between opposing sides and
contending parties.
To quote some of the criticisms : Dr. Clifford
wrote in his article, "Towards Educational Right-
eousness," in the " Nineteenth Century," October,
1910, that this "scheme which replaces the civic
ideal of education by the denominational, continues
and aggravates ecclesiastical tests for teachers, forces
the Protestant to pay for Romanism, and gives
much mischievous dominance to parents in State
education, must in its total effect be indescribably
hurtful at once to education and religion ".
On the other hand, the " Guardian," in a leading
article, 3 June, 1910, while commenting with ap-
proval on some of the proposals of the scheme, said :
" We are constrained to say frankly that the Church
of England cannot accept the proffered solution. In
any compromise there must be sacrifices, and the
Church is, we are persuaded, ready to make real
sacrifices if it can help the nation by doing so.
But we are called upon to surrender every school
in a single school area, with no compensation
whatever with the exception of an annual rent.
Undenominational instruction is to be given in
13
194 The Religious Question in Education
those schools at the public expense ; but if we
desire to give our own religious teaching to our
own children in these schools, we are to pay for it.
... In one very important respect the plan is less
favourable than Mr. Runciman's Bill, which con-
ceded the right of entry to the council schools. All
that this plan gives is permission to take our children
out of the council schools into some other place
during school hours, and there to give them that de-
finite religious instruction which we claim the right
to impart under less onerous and inconvenient condi-
tions. This instruction could be given within the
(council) school only when the local education
authority did not itself provide religious teaching
by syllabus. If the right of entry was a good offer
eighteen months ago it ought to be a good offer
now. . . . We ask for that admission as of right,
and every year as it passes makes its acquisition of
greater importance to us."
A Bill drafted under auspices of the Northern
Counties Educational League will have prepared
the public for their attitude towards the Edu-
cation Settlement Committee's Scheme. They,
like Dr. Clifford, represent those who are opposed
to any recognition of denominational schools or
the inclusion of denominational teaching in public
schools; "religious liberty," in their view, means
either secular education or religious (? humanitarian)
teaching of a rigidly undenominational type. They
submit the scheme to the following detailed criti-
cism :
Educational Settlement Committee's Scheme 195
"The Executive Committee of the Northern
Counties Education League desires to express its
warm appreciation of the efforts of the Educational
Settlement Committee to find a means of securing
educational peace. The Executive of the League
is in cordial agreement with the Settlement Com-
mittee both in this desire and in the recognition of
certain principles as being essential to its realization.
Among these principles, frankly recognized by the
Settlement Committee, and heartily approved by
this Executive, are the following, viz. :
"I. To secure a national system of educational
organization under public control.
" II. To secure ' that an elementary school under
public management should be accessible to
every child '.
" III. To remove 'the grievances which exist in
areas in which there can be no effective
choice of schools '.
"IV. ' To safeguard the religious freedom of the
teacher. '
" V. To secure that the cost of special religious
instruction be defrayed from voluntary
sources.
" I. A NATIONAL SYSTEM UNDER PUBLIC CONTROL.
" Instead of 'a national system under public con-
trol,' the dual system is maintained and private
control conceded in many thousands of publicly
supported schools. The plan provided that 'on
13*
196 The Religious Question in Education
the body of managers of every alternative (i.e. non-
provided) school the foundation managers should
be in a majority '.
" This means not ' public ' but sectarian ' control '.
Further, the thoroughness of this sectarian control
is safeguarded by the concession that the appoint-
ment of teachers in these alternative schools ' should
(as at present) lie with the managers,' or should be
subject to ' their assent '. With the foundation
managers in a majority and the appointment of
the teachers in their hands or subject to their as-
sent, 'public control,' in these schools, cannot exist.
"II. SCHOOLS UNDER PUBLIC MANAGEMENT TO
BE ACCESSIBLE TO ' EVERY CHILD '.
" In the working out of the details of the plan,
this general principle is conditioned and narrowed
down in a manner which, in many cases, would
make it ineffective. The qualifying words are
' whose parents desire him to attend such a school '.
The distinction is vital. Instead of making it a
statutory obligation on the education authority to
provide the school, it leaves the parent to demand
it and to face the consequent local pressure and
prejudice. This executive holds that if the State
enforces attendance at school it is bound to provide
that type of school at which alone, according to the
plan of the Settlement Committee, attendance can
be enforced.
"It must further be noted that while there are
Educational Settlement Committee's Scheme 197
elaborate provisions for securing a denominational
school wherever the parents of 1 50 children can be
got to ask for it, there seems to be no plan, such as
even Mr. Balfour's Act of 1902 provides for an
impartial inquiry to ascertain whether in any locality
a council school or a denominational school is most
needed. 1 This probably would lead to a multiplica-
tion of small denominational schools to the exclusion
of council schools.
"III. SINGLE SCHOOL AREAS.
" On examination of the plan it does not appear
that it proposes to convert all denominational schools
in existing single school areas, into council schools
under public control. On the contrary, the educa-
tion authority may 'group together two or more
adjacent parishes or parts of parishes,' with the
result that the grouped parishes might become a
plural school area. In such a contingency there is
no obligation on the education authority to provide
a single council school, except upon the appeal of a
parent, who would have to bear the odium of inflict-
ing on the local area one-half or possibly three-fourths
of the cost of erecting the school. This, apart from
the possible inconvenience which might result from
a re-arrangement of areas, would probably render
nugatory the concession to the admitted grievances
of the rural areas.
1 This criticism is due to a misunderstanding. The provisions of the
Education Act, 1902, are in this matter left untouched by the scheme.
198 The Religious Question in Education
"In the areas that escape this proposed recon-
struction and remain single school areas, there
would be a right of entry in all transferred schools,
but limited to one denomination. The education
authority is required ' to provide accommodation in
the schoolhouse for the giving of religious instruc-
tion of a type in accordance with the provisions of
the trust-deed ... or previous practice of the school
... on any or all school days in each week '. This
denominational instruction might continue to be
given by the present teachers, and there might be
no alternative unsectarian religious instruction. In
the latter case the right of entry would become
general, although it is very doubtful whether in
many cases it could be exercised. Thus, the daily
life of the school would go on much as at present,
except that the community would pay a rent for
the transferred schools although the community, and
not the trustees, were bearing the entire expense of
the educational trust, and in many cases grants of
public money were made towards the cost of their
erection.
" (This executive notes with approval that the
plan abandons all the elaborate proposals hitherto
made for the compulsory transfer of school property,
and frankly leaves the matter to voluntary arrange-
ment. At the same time the Government should
undertake responsibility for the major part of the
interest on building loans. No measure would do
more to ease the situation in a practical manner
Educational Settlement Committee's Scheme 199
and also remove the difficulties in necessitous areas
and meet the now clamorous demands from local
education authorities for additional money grants.)
"IV. RELIGIOUS FREEDOM OF THE TEACHERS.
" This principle is abandoned in the case of ap-
plicants for posts in the thousands of alternative
schools which would continue to exist. Teachers
would be appointed by or subject to the assent of
denominational managers, who would be allowed
' to assure themselves . . . that the applicants
were ' in sympathy with the principles upon which
the work of the school in question is carried on '.
This means religious tests for public servants
whose salaries would be wholly provided from
public funds. In council schools, head teachers
(already in office) and assistant teachers in per-
petuity would ' be free to offer themselves for any
part of the religious instruction which may be ar-
ranged,' including, in single school areas, 'de-
nominational instruction,' and this, notwithstanding
the risks which the committee themselves set
forth on pages 38-9 as attendant on any such option.
Under these conditions religious freedom would
not exist in the alternative schools, and it would be
gravely imperilled in the council schools.
" (The plan lowers the status of the local educa-
tion authority by the creation of a new non-elective
committee. It abolishes the present right of the
2OO The Religious Question in Education
public (acting through its elected representatives)
to give or withhold religious instruction in its own
schools. It makes religious instruction compulsory
in every school and, in practice, it would abolish
the Cowper-Temple clause, introduce religious
division, and sectarianize the council schools.)
"V. VOLUNTARY PAYMENT FOR DENOMINATIONAL
INSTRUCTION.
" Denominational instruction would be given by
the teachers in the alternative schools, and might
be so given by teachers in council schools. The
full salaries of all these teachers would be paid from
public funds. Moreover, the schools in which this
denominational instruction is given would be wholly
maintained, including maintenance of the buildings
(section 7 (i) (d) of the Act of 1902, 'Wear and
Tear' clause), from the rates and taxes of the
country.
"An examination of the details of the plan dis-
appoints the hopes founded on its declared aims.
The plan must be judged by what it says, and not
by what may have been in the minds of its authors."
Finally, Mr. D. C. Lathbury, in reply to the Rev.
J. H. Shakespeare, a member of the Educational
Settlement Committee, writes as follows in the
"Contemporary Review" (February, 1911) :
" Mr. Shakespeare defines the object of the
Temple-Cowper clause in terms to which I can
take no exception. ' It pleases the layman,' he says,
Educational Settlement Committee's Scheme 201
' because it would keep out of our schools the divisive
elements of our faith.' Mr. Shakespeare, and prob-
ably others of the Nonconformist clergy, share this
desire, on the ground that ' the religion which
unites, and not that which divided, the children will
alone do them any good '. If Mr. Shakespeare is
right in this view he is quite justified in excluding
from our elementary schools the elements of which
he is speaking. For that they have the effect he
attributes to them is beyond denial. They have
divided Christians almost from the first. They seem
likely to go on dividing them for a period to which
we cannot as yet assign an end. What is it that
has given them this sad pre-eminence ? The fact
that they are also the elements which are best
worth fighting for. It is they that have sent un-
counted millions to the stake and the gibbet. It is
they that have been the source of all that is most
heroic in Christian history and most admirable in
Christian practice.
" And what is it that Mr. Shakespeare would sub-
stitute for these divisive elements ? It is ' the simple
truths, the sweet and noble examples, the lofty
ideals, and, above all, the records of the life and
ministry of our Lord '. How then, does he propose
to deal with the life and ministry of our Lord with-
out bringing in a divisive element? Of all the
matters which now separate Christians from one
another, I know none comparable with that involved
in the question : Who was Jesus Christ ? Beyond
2O2 The Religious Question in Education
all others, therefore, this must be kept out of the
schools. Yet if it be kept out how are the life and
ministry of our Lord to be brought home to
children ? If Jesus Christ be not God, the very
best interpretation I can put upon the narratives
of the four Gospels is that they record for us the
dreams of a noble but deluded enthusiast. That,
I say, is the best interpretation I can put upon them,
and there are some of His recorded sayings which
I should find it difficult to reconcile even with this
theory. It may be that Mr. Shakespeare does not
include the Godhead of Jesus Christ among the
elements which divide Christians, and that this
dogma is included in his conception of Cowper-
Temple teaching. In that case I gladly acknow-
ledge that Mr. Shakespeare's Cowper-Templeism
is a better thing than I have supposed it to be. But
I have seen no evidence I do not believe that
there exists any evidence that this theory of un-
denominationalism is held by anyone except himself,
or that he could publicly proclaim it without making
Cowper-Templeism as unpopular as it is now
popular."
Having set forth the rival criticisms of the
scheme, we may be allowed to offer a few con-
siderations of our own.
It is a matter of sincere congratulation that men
and women of very diverse views should have agreed
both to the maintenance of religious education in
our public elementary schools, and to a greater re-
Educational Settlement Committee's Scheme 203
spect for the wishes of parents than is at present
afforded by the meagre right of withdrawal from
religious teaching under the provisions of the con-
science clause. Thus, in districts where there is a
choice of schools the arrangements for the recogni-
tion of denominational schools according to the
parental demand and their maintenance do not appear
to us to be open to reasonable criticism. The pro-
posals with regard to training colleges are wholly
admirable, and show not only a real determination
on the part of the promoters of the scheme to main-
tain religious instruction as an integral part of edu-
cation, but that they are fully alive to the danger of
the existing state of things. We have already
noticed in our introduction the gravity of the present
position by which thousands of teachers are passing
into our public elementary schools utterly unfitted
to handle the Bible or to give religious instruction
of any kind to the children. And we have also
commented upon the pressing necessity of adequate
training of the teachers if the Bible is to be the text-
book of religious instruction when old hard-and-fast
conceptions have become fluid under the pres-
sure of modern Biblical criticism. For our young
teachers, unless they have had the advantage of
careful training by competent religious guides, are
now quite at a loss how to present Scripture his-
tories, especially those of the Old Testament, which
are the mainstay of most syllabuses, to the mind of
the child. It is, indeed, just the undogmatic part of
204 The Religious Question in Education
the Bible which has become so extraordinarily diffi-
cult to handle, that "simple teaching" which has
been transformed into what the ordinary reader
finds so perplexing a tangle of history and allegory.
We proceed to indicate certain lines of criticism
which the promoters of the scheme will have to
face.
Why is undenominational instruction main-
tained in the position of unapproachable supremacy ?
All rate-payers are to be forced to contribute to it,
and to it alone, whether they conscientiously approve
of it or not. For this and this alone is to be pro-
vided by the local authority, and that the provided
or council schools should be the normal type is of
the essence of the scheme. The reply of the pro-
moters of the scheme would be that the injustice
must be inflicted to avoid greater evils, e.g. the
secularization of public education. But a lasting
settlement cannot be founded upon a patent
injustice. Opportunities' for denominational in-
struction in council schools in towns and other
choice-of-schools areas is not allowed (though there
is a concession of some value that a child with-
drawn under the conscience clause can be wholly
removed from the school and instructed else-
where during the times set apart for religious in-
struction), and this can be defended on the ground
that by admitting denominational schools in these
areas the parental demand is thereby sufficiently
satisfied. But on what ground can the distinction
Educational Settlement Committee's Scheme 205
be defended which in one-kind-of-school areas allows
voluntary denominational instruction in transferred
council schools, but not in non-transferred ? And
why should only one type be admitted, that of the
trust-deed ? This is a concession to trustees and
property, not to parents and consciences. Lastly,
the undenominational religious instruction is to be
in "the principles of the Christian religion," and
much stress is laid upon this "united Christian
teaching ". But it is this very union of the most
diverse elements which makes its Christian charac-
ter so difficult of attainment. For the only re-
ligious element in the country specifically excluded
is the Jewish, and excluded only so far as that the
Biblical teaching is not to be of a nature acceptable
to Jewish parents. But there are many Unitarians
and others who could not unite with orthodox
Christians. As we have pointed out elsewhere, it
is the union of diverse elements amongst the
teachers and managers which is the real difficulty
in the way of making undenominational teaching
Christian ; syllabuses and text-books are of compar-
ative unimportance. The teachers, as there are to
be no " religious tests," the managers, being the
local education authority elected for all purposes
save their attitude towards religion, and even the
Religious Instruction Committee, specially set up
under this scheme (for it is appointed by the
authority and cannot rise above its source), must
always be hopelessly divided upon the very ele-
206 The Religious Question in Education
ments of religion. Will not this united teaching
tend to be diverse in every class and every school,
and can anybody, least of all the parents, ever be
sure that the teaching in any particular case will be
true to the principles of the Christian religion ?
All this seems self-evident and beyond controversy.
It will be gathered from our notes that we de-
sire the attention of the promoters of this scheme
and of its opponents on the denominational side to
be concentrated on this one point, i.e. the privileged
and official position of undenominational teaching
and the security under it for the principles of the
Christian religion, to which we have no reason to
doubt its authors attach the highest importance.
The scheme, whilst conceding to the Roman
Catholics all they now demand, would compel very
great concessions on the part of Churchmen, in fact,
nothing short of a revolution in the system of Church
schools throughout the country. We do not associ-
ate ourselves with those who are utterly opposed to
such a concession, indeed we think it inevitable in
the interests of a permanent educational settlement.
But we would ask with some confidence whether
such a generous concession the practical abandon-
ment of the entire educational system of the Church
of England, begun before the State occupied itself
with education, and built up at so great an expendi-
ture of time and money should not be met by the
fullest provision for Church teaching in all the State
schools on the parental demand.
Educational Settlement Committee's Scheme 207
It is very interesting to compare this scheme of
the Educational Settlement Committee with that
which goes by the name of Sine Nomine. Both
may be described as "steps towards educational
peace," and this comparison will show how far edu-
cational reformers, who are evidently fully competent
to give due weight to political and administrative
considerations, are able to march together towards
the desired end.
IX.
"SINE NOMINE"
INTRODUCTION.
THIS scheme takes religious instruction entirely
out of the hands of the local education authorities
and school managers and entrusts it to statutory
committees. " Cowper-Templeism " is no longer
admitted, and large facilities for denominational
teaching are given in all council schools. In each
non-provided school the religious teaching must be
of the kind prescribed by or a kind consistent with
the trust-deed of the school, and in such a school
no facilities are given for any other kind of religious
instruction.
EXPOSITORY NOTES.
i. The several kinds of religious instruction are
classified under five defined categories, viz. Church
of England, Roman Catholic, Free Church, Jewish,
and Unassociated.
2. Parents will be invited to specify the kinds (if
any) of religious instruction which they severally
desire their children to receive, and each expressed
208
"Sine Nomine" 209
desire will be entered under its appropriate category
in a register provided for the purpose. Such re-
gister would be a permanent part of the equipment
of each council school, but no such register would
be needed in any non-provided school after a pre-
liminary period of preparation. (See note 9.)
3. (a) In the area of each local education author-
ity a statutory committee will be appointed
for each category of religious instruction
therein desired.
(&} Each statutory committee will be appointed
by or under the direction of a central repre-
sentative body e.g. The National Society.
4. It will be the duty of each statutory committee
to provide, maintain, and inspect the religious in-
struction for which it is constituted in every provided
and non-provided school (within its area) wherein
that kind of instruction is desired.
5. It will no longer be permissible for any local
education authority to provide religious instruction
of any kind, but each authority will be empowered
to permit or direct each or any meeting or any
meetings of any school provided by it to be opened
and closed or opened or closed with some common
act of praise and worship or of praise or worship.
6. (a) Each statutory committee is given the
right to use (free of charge) the school pre-
mises, furniture, equipment (so far as it is
suitable), and (for certain specified purposes)
the teaching staff of every school (whether
2io The Religious Question in Education
provided or non-provided) wherein it has to
provide religious instruction. This right is
limited to the whole of one morning in each
and every week during which the school is
open for secular instruction.
(ti) All costs of wear and tear, lighting, warming,
cleaning, and repairing incidental to the use
of the school premises, school furniture, and
school equipment for the purpose of giving
or inspecting religious instruction will be de-
frayed by the local education authority. No
other part of the cost of that instruction will
be borne by that authority.
7. All the scholars and teachers of a public
elementary school in which religious instruction is
provided will be required to attend school during the
whole of the time appropriated to that instruction.
During that time the children who do not receive
religious instruction will receive secular instruction.
No teacher will be required, but every teacher will
be permitted, to give religious instruction.
Discipline during religious instruction is to be
maintained by members of the school staff.
8. Each existing non-provided school will con-
tinue to be maintained by its local education
authority, but only
(i) If there be a provided school reasonably
accessible by the children for whom the re-
ligious instruction given in the school is not
desired.
"Sine Nomine" 211
(2) If the Board of Education has been satisfied
that the parents of at least 60 per cent of
the children whose names were (on 31
December, 1911, or some later date within
the preparatory period) entered in the attend-
ance register of the school have desired their
children to receive religious instruction of
the kind prescribed by the trust-deed of the
school or of a kind consistent with the trust-
deed. 1
(3) If and for as long as the Local Statutory
Committee for the desired kind of religious
instruction consents to the maintenance of
the school as a non-provided school.
(4) So long as certain other conditions the
principal of which are those contained in
section 7 (i) of the Education Act, 1902
are complied with.
9. The religious instruction given in a non-pro-
vided school maintained by a local education au-
thority must be consistent with the trust-deed of the
school, shall be of the kind which the Board of
Education has been satisfied that the parents of at
least 60 per cent of the children whose names are
entered in the attendance register of the school
have desired their children to receive and shall be
1 It will be noticed that this is a preliminary condition not a con-
tinuing one. The " denominational percentage " will be ascertained once
for all, and a subsequent decrease of that percentage will not, by itself,
disqualify a school for maintenance by the local education authority.
H*
212 The Religious Question in Education
under the control of the Local Statutory Committee
for the desired kind of religious instruction.
There is no provision of "facilities" in non-pro-
vided schools. In no non-provided school will
more than one kind of religious instruction be given.
This limitation makes a creed register unnecessary
in those schools, except for certain preliminary pur-
poses during a defined preparatory period.
10. Each statutory committee is empowered to
provide religious instruction elsewhere than in the
schoolhouse of a public elementary school.
ii. The trustees or owners of a non-provided
school are empowered to lease their school premises
to the local education authority for any period of
not less than five years.
Each lease granted in virtue of this provision
(1) Must exempt the lessors from all liability for
repairs or improvements and for wear and
tear of the school furniture and equipment.
(2) Must be in consideration of an annual rent
based regard being had to the amount of
the building grant (if any) upon the value
of the school site and the cost, state of repair
and suitability of the school buildings.
(3) Must reserve and secure to the trustees or
owners (as the case may be) the exclusive
right to use the school premises on every
Saturday afternoon and evening, on not
less than one other evening in each week,
during the whole of every Sunday, and of
"Sine Nomine" 213
not fewer than ten other days in each
year.
12. The trustees of school premises leased to
a local education authority will, during the times
reserved to them by the lease, have full power to
use the premises or permit the premises to be used
(with or without charge) for any religious, moral,
philanthropic, or educational purposes.
13. The rent of a leased school and any sums
received by the trustees of such a school for the
"out of hours" use thereof are made available for
defraying the expenses of and incidental to the "out
of hours " use of the premises. The balance re-
maining after defraying those expenses is to be paid
by the trustees to the statutory committee or some
one of the statutory committees for the administra-
tive area in which the school is situated, and is
made applicable for the general purposes of that
committee.
The statutory committees will also receive a
generously defined part of the income arising from
educational endowments.
14. Provision is made based upon section 8 of
the Education Act, 1902 for the recognition of
new non-provided schools.
THE ELEMENTARY EDUCATION (RE-
LIGIOUS INSTRUCTION) BILL, 1911.
I. (i) After 31 March, 1912, each local
education authority shall maintain and keep effi-
cient as a public elementary school each existing
214 The Religious Question in Education
non-provided school within its area which is neces-
sary, and shall have the control of all expenditure
required for that purpose, other than expenditure
for which under this or any other Act provision is
to be made otherwise than by the local education
authority, but only
(a) If (after proper effect has been given to section
14 of this Act) there be a provided school
reasonably accessible by the children for
whom the religious instruction given in the
school is not desired.
(b} If the Board of Education has been satisfied
that the parents of at least 60 per cent of
the children whose names were (on 31
December, 1911, or on some later date
specified by the Board of Education and not
later than the 31 March, 1912) entered in
the attendance register of the school have
desired their children to receive religious
instruction of the kind prescribed by the
trust-deed of the school or of a kind con-
sistent with the trust-deed.
(c) If and for as long as the Local Statutory Com-
mittee for the desired kind of religious in-
struction consents to the maintenance of the
school as a non-provided school.
(d] So long as the conditions and provisions
contained in section 7 (i) of the Education
Act, 1902, and in section 14 of this Act are
complied with.
"Sine Nomine" 215
(2) If any question arises under this section be-
tween the local education authority and the managers
of a school not provided by the authority, that ques-
tion shall be determined by the Board of Education.
(3) After 31 March, 1912, the religious instruc-
tion given in a non-provided school shall be con-
sistent with the trust-deed of the school, shall be
provided, maintained, and inspected by a statutory
committee in accordance with the provisions of this
Act, and (if the school be an existing non-provided
school) shall be of the kind which the Board of
Education has been satisfied that the parents of at
least 60 per cent of the children whose names were
(on 31 December, 1911, or some later date specified
by the Board of Education and not later than 31
March, 1912) entered in the attendance register of
the school have desired their children to receive.
Provided that nothing in this Act shall affect any
provision in a trust-deed for reference to the bishop
or superior ecclesiastical or other denominational
authority as far as such provision gives to the bishop
or authority the power of deciding whether the
character of the religious instruction is, or is not, in
accordance with the provisions of the trust-deed.
2. (i) At any time after the passing of this Act
the owners or trustees of any elementary school not
provided by a local education authority may grant
to the local education authority, and the local educa-
tion authority may accept, a lease of the school
premises (for any period of not less than five years)
216 The Religious Question in Education
for the purposes of public elementary education,
but no such lease shall be valid and effectual unless
it be in accordance with the provisions of this section.
(2) Every lease under this section shall be granted
without any liability to the lessors for repairs or
improvements or for wear and tear of the school
furniture or equipment and in consideration of an
annual rent to be determined as in this section pro-
vided, and shall reserve and secure to the trustees
or owners (as the case may be) the exclusive right
to use the school premises on every Saturday after-
noon and evening, on not less than one other evening
in each week, during the whole of every Sunday
and of not fewer than ten other days in each
year.
(3) No lease of any school premises held upon
charitable trusts shall be granted under this section
without the written consent of a majority of the
managers of the school or (if the school be a public
elementary school) without the written consent of a
majority of the foundation managers.
(4) The rent to be paid in consideration of the
lease of a school under this section shall be deter-
mined by arrangement between the local educa-
tion authority and the owners or trustees (as the
case may be) of the school, but in each case regard
shall be had to the value of the school site and the
cost, state of repair, and suitability of the school build-
ings, and also to the amount of the building grant (if
any) made in respect of the school.
Nomine" 217
If in any case the owners or trustees of a school
and the local education authority fail to agree, they
may jointly or severally appoint arbitrators. In
each case the arbitrators so appointed shall have
full power to determine the rent to be paid for the
school premises and (before proceeding to arbitra-
tion) shall appoint an umpire with similar powers to
whom (if the arbitrators fail to agree) the case shall
be referred. In each case the decision of the arbi-
trators or umpire (as the case may be) shall be final.
Neither the Board of Education nor any person
employed by that Board may act as arbitrator or
umpire. In each case the costs of the arbitration
shall be borne by either one or both of the parties
to the arbitration, according to the direction of the
arbitrators or (if the case has been referred to the
umpire) of the umpire.
3. After 31 March, 1912, no religious instruc-
tion of any kind shall be provided by any local
education authority in any public elementary school
provided by it, but each local education authority
may permit or direct each or any meeting or any
meetings of any such school to be opened and closed
or opened or closed with some common act of praise
and worship or of praise or worship, and each local
education authority shall permit each and every
such school to be used in accordance with this Act,
for the purpose of giving any one or more of the
several kinds of religious instruction comprised
within the following categories : namely, Church
2i8 The Religious Question in Education
of England, Roman Catholic, Free Church, Jewish,
Unassociated.
The Church of England category shall comprise
religious and moral instruction in accordance with
the doctrines and usages of the Church of England
and instruction in the history of the Christian re-
ligion in accordance with the principles of the Church
of England.
The Roman Catholic category shall comprise re-
ligious and moral instruction in accordance with the
doctrines and usages of the Roman Catholic Church
and instruction in the history of the Christian re-
ligion in accordance with the principles of that
Church.
The Free Church category shall comprise Free
Church instruction and denominational instruction
(including instruction in the history of the Christian
religion) according to the doctrines, usages, and
principles of any of the denominations from time to
time represented by the National Council of Evan-
gelical Free Churches.
The Jewish category shall comprise religious and
moral instruction in accordance with the doctrines
and usages of the Jewish religion and instruction
in the history of the Jewish religion in accordance
with the principles of that religion.
The Unassociated category shall comprise every
kind of denominational or undenominational instruc-
tion not comprised within the categories defined in
the preceding paragraphs of this section.
" Sine Nomine " 219
4. (i) After the passing of this Act each public
elementary school, other than a non-provided school
which becomes a public elementary school after 31
March, 1912, shall be provided (by the local education
authority for the area in which the school is situated)
with a suitable register wherein shall be shown
(under the categories specified in section 3 of this
Act) the kinds, if any, of religious instruction which
the parents of the children whose names are entered
in the attendance register of the school severally
desire their respective children to receive.
(2) Every parent of a child whose name is entered
in the attendance register of a public elementary
school on i June, 1911, shall, immediately after
that date, and every parent of a child who, after
that date but before i April, 1912, becomes a
scholar in a public elementary school or who, after
31 March, 1912, becomes a scholar in a provided
school shall, on the date on which his child becomes
a scholar, be desired (by or by direction of the local
education authority for the area in which his
child's school is situated) to state what kind (if any)
of religious instruction he desires his child to re-
ceive, and his desire (when expressed) shall be
registered forthwith (by the head teacher of his
child's school) under the appropriate category in the
register prescribed by this section.
(3) Any parent of a child in attendance at a
public elementary school, if he have not previously
expressed a desire that his child receive some
22O The Religious Question in Education
specified kind of religious instruction may, at any
time before i April, 1912, or (if his child's school
be a provided school) may at any time, express
such a desire to the head teacher of his child's
school, and his desire (when expressed) shall be
registered forthwith (by the head teacher) under
the appropriate category in the register prescribed
by this section.
(4) After 31 March, 1912, each child in attend-
ance at a public elementary school provided by a
local education authority shall receive the religious
instruction (if any) desired for him under this
section, but no such child shall receive any kind of
religious instruction under this subsection except
the kind desired for him, under this section, by his
parent. As far as practicable, each local educa-
tion authority shall arrange that each child for
whom some specified kind of religious instruction
is desired shall attend at the school wherein that
kind of instruction can be most conveniently given.
To facilitate such arrangements a local education
authority may provide means for the free convey-
ance of children to and from or to or from school.
(5) The register prescribed by this section may
be examined from time to time at any reasonable
hour by any person or committee or body of persons
or association of persons interested therein, or by
any member of any such committee, body or associa-
tion, or by the secretary of any such committee,
body or association.
' ' Sine Nomine " 221
(6) No desire shall be registered under this sec-
tion in any existing non-provided school after 31
March, 1912.
(7) Each local education authority shall from
time to time take whatever steps are necessary for
properly carrying out the directions of this section.
5. (i) After 30 September, 1911, there shall
always be in each administrative area a separate
statutory committee for each of the categories of
religious instruction represented by :
(a) The separate kinds of religious instruction
from time to time desired to be given (under
section 4 of this Act) in the provided schools
within the area, and
(b] The kind or kinds of religious instruction from
time to time given (or lawfully intended to
be given) in the non-provided schools
within the area.
(2) Each statutory committee for instruction com-
prised in the Church of England category shall be
constituted, and the members thereof shall from
time to time be appointed by' or under the direction
of the National Society for Promoting the Educa-
tion of the Poor in the Principles of the Established
Church throughout England and Wales.
Each statutory committee for instruction com-
prised in the Roman Catholic category shall be
constituted, and the members thereof shall from
time to time be appointed by or under the direc-
tion of the Catholic Poor School Committee.
222 The Religious Question in Education
Each statutory committee for instruction com-
prised in the Free Church category shall be con-
stituted, and the members thereof shall from time to
time be appointed by or under the direction of the
National Council of the Evangelical Churches.
Each statutory committee for instruction com-
prised in the Jewish category shall be constituted,
and the members thereof shall from time to time be
appointed by or under the direction of the Jewish
Religious Education Board.
Each statutory committee for instruction com-
prised in the Unassociated category shall be con-
stituted, and the members thereof shall from time
to time be appointed by or under the direction of
the British and Foreign School Society.
6. Each statutory committee shall be a body
corporate for the purpose of receiving and holding
monies, stock, shares and securities, upon trust or
otherwise, for the purposes or for any of the pur-
poses for which it is constituted and appointed, and
for any purpose or purposes connected with those
purposes or any of them, and shall have full power
so to receive and hold monies, stock, shares and
securities.
7. (i) Each statutory committee shall provide,
maintain, and inspect religious instruction of the
kind or kinds comprised within the category for
which it is constituted in each and every provided
school within its area wherein religious instruction
of that kind or any of those kinds is desired under
' ' Sine Nomine " 223
section 4 of this Act, and in every non-provided
school within its area wherein religious instruction
of that kind or any of those kinds is given or is
desired (by the managers of the school) to be
given under the provisions of a trust-deed, and,
for the proper discharge of these duties, each
statutory committee shall have the right to use
(free of charge) the school premises, the furniture,
the equipment (so far as the same is suitable) and
(for the purposes mentioned in section 8 (3) of this
Act) the teaching staff of every such school, whether
it be a provided or a non-provided school, for the
whole of one morning in each and every week during
which that school is open for secular instruction.
(2) (a) In each provided school wherein religious
instruction is desired not more than one
morning in any week shall be set apart for
that instruction, and (subject to the provi-
sions contained in the next paragraph of
this Act) the morning for that instruction
shall in each case be chosen and set apart
by agreement between the local education
authority for the area within which the
school is situated and the statutory commit-
tee or (if the religious instruction desired in
the school be not comprised within any one
category) the several statutory committees
concerned with that instruction.
(b] Whenever a statutory committee so desires,
the local education authority for the area for
224 The Religious Question in Education
which that committee is constituted shall, by
agreement with that statutory committee, or,
if there be more than one statutory commit-
tee constituted for its area, by agreement
with all the committees so constituted,
divide those of the public elementary schools
within its area in which religious instruction
is desired under section 4 of this Act or is
given (or is desired to be given) under the
provisions of a trust-deed into groups con-
venient for the giving of that instruction,
and by a similar agreement shall assign one
morning in each week to each group thus
formed, and the morning thus assigned to
a group shall be the morning set apart for
religious instruction in all the schools com-
prised in that group. By a similar agree-
ment any arrangement made under this clause
may at any time be altered. Any arrange-
ment made under this clause shall be re-con-
sidered whenever any of the parties thereto
so desire.
(c) Each local education authority shall from time
to time take whatever steps are necessary
for giving effect to the provisions of this
subsection.
(3) Any statutory committee may, at any time
after 31 March, 1912, provide religious instruction
elsewhere than in the schoolhouse of a public ele-
mentary school, but
"Sine Nomine" 225
(a) Only for children for whom, under this Act,
it has to provide religious instruction ;
(b) Only, in each case, of the kind which, by this
Act, it is empowered to provide for the
children for whom that external provision is
intended, and
(c) Only during the time set apart for religious
instruction in the school or schools to which
the children for whom that external provision
is intended belong.
Each of the children for whom such external pro-
vision is made (whether attending at a provided or
a non-provided school) shall, after attending in the
schoolhouse of his school, attend wherever the in-
struction intended for him is provided.
(4) The provisions of any trust-deed notwithstand-
ing each kind of religious instruction provided under
this Act by a statutory committee shall consist of
religious and moral instruction and of instruction in
history connected therewith. Church of England
instruction shall consist of religious and moral in-
struction in accordance with the Prayer Book and
of instruction in the history of the Christian religion
in accordance with the principles of the Prayer
Book. Free Church instruction shall consist of
religious and moral instruction in accordance with
the Free Church Catechism and of instruction in
the history of the Christian religion in accordance
with the principles of the Evangelical Free Churches.
Each other kind of denominational instruction shall
IS
226 The Religious Question in Education
always be in accordance with the doctrines, usages,
and principles of its denomination. Except in the
case of Jewish instruction and non-denominational
instruction comprised within the Unassociated cate-
gory, the instruction in history, given under this sub-
section, shall always be instruction in the history of
the Christian religion.
8. (i) Each local education authority and the
managers of each non-provided school shall afford
full facilities in accordance with this Act for the
giving and inspecting of religious instruction under
this Act and for the storing and use of any books,
maps, and other apparatus or school equipment
provided by a statutory committee in and for the
discharge of its duties under this Act. On each
morning appropriated to religious instruction under
this Act in a public elementary school the local
education authority or (if the school be a non-pro-
vided school) the managers shall provide the school-
premises suitably lighted, warmed, and cleaned
according to circumstances. All costs of wear and
tear, lighting, warming, cleaning and repairing
incidental to the use of the school premises, the
school furniture, and the school-equipment for the
purpose of giving or inspecting religious instruction
under this Act shall be defrayed by the local educa-
tion authority. Except as provided in this Act, no
part of the cost of that instruction shall be borne by
the local education authority.
(2) Each inspector and teacher appointed by a
"Sine Nomine" 227
statutory committee shall have, but not exclusively,
all the rights and powers of using the premises,
furniture and equipment of any and every public
elementary school which, in virtue of this section,
are possessed by the statutory committee by which
he is appointed. For the purposes of this sub-
section each member of a statutory committee and
the secretary of a statutory committee shall be
deemed to be an inspector appointed by that com-
mittee.
(3) The society, committee, council, or board by
which or under the direction of which any statutory
committee is constituted and appointed shall have
full power to inspect the religious instruction in any
school in which such instruction is provided by that
committee, and each inspector appointed by that
society, committee, council, or board shall possess
(but not exclusively), in every administrative area,
the rights and powers possessed (in virtue of this
section) by an inspector appointed by a statutory
committee, and shall have a prior right to exercise
those rights and powers or any of them.
9. (i) All the scholars and teachers of a public
elementary school wherein religious instruction is
provided shall be required to attend school during
the whole of the time appropriated to that instruc-
tion. During that time the children who do not
receive religious instruction shall receive secular in-
struction. All by-laws which determine the time dur-
ing which a child is to attend school shall be construed
15*
228 The Religious Question in Education
as requiring attendance in accordance with this
section. Attendance under this Act at religious in-
struction provided by a statutory committee else-
where than in the school-house of a public elementary
school shall be deemed to be attendance at school.
(2) No teacher in a public elementary school may
be required to give religious instruction in a public
elementary school or to attend at religious instruction
given elsewhere than in the school-house of his
school, but any such teacher who desires to give
religious instruction in the school in which he serves
or desires (for the purpose of maintaining discipline
or taking part in instruction) to attend with children
of his school at religious instruction provided for
those children (under section 8 (3) of this Act) else-
where than in the school-house of their school shall
(if the statutory committee concerned approve) be
permitted to do so without detriment to his position
or prospects.
(3) In each public elementary school wherein
religious instruction is provided, the children for
whom that instruction is provided shall, on each
morning on which that instruction is to be given, be
assembled (conveniently for receiving that instruc-
tion) by or by direction of the head teacher, and
discipline among the children receiving religious
instruction shall be maintained by members of the
school staff. The managers of the school shall
make all necessary arrangements for giving effect
to this subsection.
' ' Sine Nomine " 229
(4) Every existing and future agreement between
a teacher and a local education authority shall be
construed as including an obligation upon the
teacher to comply with this section and to perform
whatever duties he may from time to time be re-
quired to perform thereunder.
IO. (i) In every case in which (at any time
after 31 March, 1912) the income arising from a
charitable endowment is wholly or in part appli-
cable, or may be wholly or in part applied, or during
the preceding twelve months has been wholly or
in part properly applied, in or towards the provision,
maintenance, or encouragement of religious in-
struction in any school which is a public elementary
school, that income or that part of the income
which is so applicable or may be so applied or has
been properly so applied shall (from and after the
date on which the benefited school becomes a public
elementary school complying with the provisions
of this Act and for so long as it continues to be
such a school) be paid to the statutory committee
which, in the administrative area in which the
benefited school is situate, is empowered to pro-
vide the kind of religious instruction intended to
be provided, maintained, or encouraged by the en-
dowment.
(2) In every case in which (at any time after
31 March, 1912) income arising from a charitable
endowment (other than school premises) is appli-
cable or may be applied or is properly applied for
230 The Religious Question in Education
the benefit of a teacher or teachers in a school
which is a public elementary school, or in or towards
the payment of the salary of a teacher or the salaries
of teachers in such a school, or in or towards the
provision, maintenance, or encouragement (in any
such school) of education which includes or may in-
clude religious instruction, the income which is so
applicable or may be or is so applied shall be deemed
to be applicable in part in or towards the provision,
maintenance, and encouragement of religious in-
struction. The Board of Education shall determine
the part that is so applicable and (after having paid
due regard to the nature of the trusts and the past
application of the income) shall decide to what kind
of religious instruction the part so determined is
applicable, and the part so determined shall be
dealt with in accordance with that decision of the
Board and the first subsection of this section.
(3) All monies received under this section by a
statutory committee shall be devoted by that com-
mittee to the general purposes of that committee,
but the application of all monies received under
this section by a statutory committee for Free
Church instruction, or a statutory committee for
unassociated instruction, shall be determined as far
as possible by the denominational character (if any)
of the charitable trusts wherewith those monies are
impressed.
II. In any case in which school premises held
upon charitable trusts have been leased under this
' ' Sine Nomine " 231
Act to the local education authority, the trustees of
the premises shall, during the times reserved to
them by the lease, have full power to use the prem-
ises or to permit the premises to be used (with
or without charge) for any religious, moral, philan-
thropic, or educational purposes.
12. All money received (under section n of
this Act or under a lease granted under this Act)
by the trustees of the school premises of a public
elementary school shall be deemed to be income
arising from an endowment held upon non-edu-
cational charitable trusts, and shall be applied, in
the first place, in defraying the expenses of and
incidental to the use of the school premises by or
by permission of the trustees. The balance remain-
ing after defraying these expenses shall be paid by
the trustees to the statutory committee or to some
one of the statutory committees for the adminis-
trative area in which the school is situate, and
shall be applied by that committee towards the
general purposes of the committee.
13. After the passing of this Act each appoint-
ment of a teacher to a non-provided school shall,
subject to the provisions of the Education Act,
1902, be made by the managers of the school from
a list of suitable and properly qualified candidates
furnished by the local education authority for the
area within which the school is situated, and it
shall be the duty of that authority to furnish the
managers with such a list.
232 The Religious Question in Education
14. If any parents who reside in a district
served by a non-provided school desire that their
children shall not receive the religious instruction
given in that school, the local education authority
for the area within which the school is situated
shall, if it be practicable and desirable, provide
means for the free conveyance of those children to
and from or to or from some other provided or non-
provided school or schools.
15. One of the conditions required to be ful-
filled by an elementary school in order to obtain
a Parliamentary grant shall be that it complies
with the provisions of this Act. After 31 March,
1912, no Parliamentary grant shall be paid in re-
spect of any elementary school not provided by
a local education authority unless it be maintained
under this Act by such an authority.
1 6. (i) Whenever, after 31 March, 1912, a
local education authority proposes to provide a
new public elementary school, it shall give public
notice of its intention to do so, and the managers
of any existing school, or any statutory committee
or statutory committees for the area of that local
authority, or any ten rate-payers in the district for
which it is proposed to provide the school, may
(within three months after the notice is given) ap-
peal to the Board of Education on the ground that
the proposed school is not required, or that a school
not provided by the local education authority would
better meet the wants of the district than the school
"Sine Nomine" 233
proposed to be provided, and any school built in
contravention of the decision of the Board of Edu-
cation on such appeal shall be treated as un-
necessary.
(2) Whenever, after 31 March, 1912, any per-
sons, other than a local education authority, pro-
pose to provide a new public elementary school for
the purpose of giving (inter alia) some specified
kind of religious instruction they shall give public
notice of their intention to do so, and the local
education authority for the area wherever it is pro-
posed to provide the school, or the Local Statutory
Committee (if there be such a committee) for the
category comprising the kind of religious instruction
which it is proposed to give, or any ten rate-payers
in the district for which it is proposed to provide the
school, may (within three months after the notice is
given) appeal to the Board of Education on the
ground that the proposed school is not desired, or
that (after proper effect has been given to section
14 of this Act) there would not be any provided
school reasonably accessible by the children for
whom the religious instruction proposed to be given
in the proposed school would not be desired, or that
a school provided by the local education authority
would better meet the wants of the district than the
school proposed to be provided, and any school
built in contravention of the decision of the Board
of Education on such appeal shall be treated as
unnecessary.
234 The Religious Question in Education
Each school provided under a decision of the
Board of Education given under this subsection
shall be maintained and kept efficient as a public
elementary school by the local education authority,
and that authority shall have the control of all
expenditure required for that purpose other than
expenditure for which under this or any other Act
provision is to be made otherwise than by the local
education authority, but in each case the duty and
control of the local education authority shall continue
only so long as the conditions and provisions con-
tained in section 7 (i) of the Education Act, 1902,
and section 15 of this Act are complied with, and
the Local Statutory Committee for the kind of religi-
ous instruction provided by the school consents to the
maintenance of the school as a non-provided public
elementary school.
(3) If, in the opinion of the Board of Education,
any enlargement of a public elementary school is
such as to amount to the provision of a new school,
that enlargement shall be so treated for the purposes
of this section.
17. In this Act
The term "existing non-provided school" means
an elementary school which, having been
(prior to i April, 1912) a public elemen-
tary school not provided by a local education
authority, exists as such a school on that
date ;
Nomine" 235
The term "provided school" means a public ele-
mentary school provided by a local educa-
tion authority ;
The term " non-provided school " means a public
elementary school not provided by a local
education authority ;
The term " parent " has the meaning assigned to
it in section 3 of the Elementary Education
Act, 1870;
The term "school premises " includes the teacher's
dwelling-house, and the playground (if any)
and the offices and all premises belonging
to a school ;
The term "administrative area" means an area
for which there is, under the Education Act,
1902, a separate local education authority
other than a minor local authority ;
The term "trust-deed" includes any instrument
bequeathing the trusts or management of a
school.
18. (i) Section 23 of the Elementary Educa-
tion Act, 1870, is repealed.
(2) The enactments mentioned in the schedule to
this Act are repealed from 31 March, 1912, to the
extent specified in the third column of that sche-
dule.
19. This Act may be cited as the Elementary
Education (Religious Instruction) Act, 1910.
236 The Religious Question in Education
SCHEDULE.
ENACTMENTS REPEALED.
Session and
Chapter.
Short Title.
Extent of Repeal.
33 & 34 Viet.,
c. 75.
2 Edw. VII.,
C.42.
The Elementary Edu-
cation Act, 1870.
The Education Act,
1902.
In section 14, the regulation
numbered (2).
In section 7, the whole of sub-
sections (3), (4), and (6).
The whole of section 8.
COMMENTS BY THE EDITORS.
This scheme is deserving of the close attention
of educational reformers. It faces the present situ-
ation with boldness and attempts the task of satis-
fying the almost irreconcilable demands of those
parties now engaged in the educational struggle.
Thus it appeases the strict denominationalists by
placing all forms of religious instruction on a basis
of absolute equality, whilst it concedes to the op-
posite party a provided school publicly controlled
within the reach of all children whose parents desire
it. Its tendency, indeed, is to supplant the non-
provided or denominational schools by provided
schools and to unify the system of national educa-
tion, whilst allowing exceptions where there is a
strong parental demand for an "atmosphere school ".
Again, it appeals to that large and powerful section of
the public who take but little interest in the religious
question, by divorcing the religious instruction from
the ordinary curriculum, and removing it from the
' ' Sine Nomine " 237
jurisdiction of all popularly elected bodies, so that it
can no longer be a subject of contention at elections. 1
Whilst objection to this divorce can be raised on the
score of principle and we think this is an objection
which should have serious weight there is no doubt
that it is an expedient likely to attract considerable
political support, and the authors of the scheme
would probably reply that we have arrived at so in-
volved an educational tangle that something must
be sacrificed by the supporters of religious educa-
tion in order to save the country from pure
secularism. In connexion with this we may note
the novel provision that all religious instruction
shall be confined to one morning a week, so that
on four days out of five no religious question could
possibly arise. Finally, parental choice is fully re-
cognized, the provision and superintendence of
religious instruction is entrusted to those bodies
who may be supposed to be the most competent
to give it, and the regular teachers of the school
are left absolutely free and removed, as to their
appointments, from anything that can be deemed a
" religious test ". We now proceed to certain de-
tailed criticisms.
Clause i. This safeguards the Roman Catholic
schools and concedes that to which the Roman re-
ligion attaches vital importance. (See p. 253.)
1 It avoids that divided control between local authorities and denomina-
tional authorities which, in many schemes, threatens not only the peaceful
working of the educational system but the efficiency of the denominational
teaching itself.
238 The Religious Question in Education
Clause 3. This, of course, is one of the vital
clauses of the Bill. The " Unassociated " category
is apparently intended to cover something more
" undenominational " than the instruction the Free
Church Council as representative of the great Non-
conformist bodies might be likely to impart. It is
wide enough to include both such Nonconformist
bodies as do not adhere to the Free Church Council,
as e.g. Quakers and Unitarians, and also all those,
whether attached to some Church or denomination
or not, who desire a strictly undenominational and
" non-credal " instruction.
Although the authors of this scheme have taken
great pains to cover the whole sectional ground,
e.g. by even providing two kinds of undenomination-
alism, we think that there are large minorities who
might be provided for without destroying that sim-
plicity which is one of this Bill's chief merits. In
Western Australia, for instance, where facilities are
afforded in the schools, the Salvation Army, who do
not join with the combined Free Churches, are given
a category of their own.
The limits of the religious instruction to be given
under this are very wide. This would enable the
morning's work to be varied so as to keep the child-
ren's attention.
Clause 5. It will be objected that there is no
connexion between these statutory committees and
local life. No doubt there is an advantage in having
a direct constitutional connexion between each public
"Sine Nomine" 239
elementary school and the local community or group
whose needs it subserves. But the removal of the
control of the religious teaching from individuals in
the locality, often ignorant and incapable, to large
central bodies competent to draw up proper sylla-
buses and to arrange for the necessary inspection
would be a more than counterbalancing advantage.
Of course the central body could delegate its author-
ity as it pleased, but the work of the local education
authority would be simplified by having to deal with
only a single statutory committee for each category.
It is difficult to find a suitable body to take charge
of the " Unassociated" instruction. It may be
questioned by some critics whether the British and
Foreign School Society, assuming it to be prepared
to undertake this responsibility, is the right one for
the purpose, but its traditional principles are con-
sistent with such a new development of its work.
Clause 7, section 2. One morning a week repre-
sents approximately the total time now set apart
each day for religious instruction. The somewhat
elaborate provisions of this section are apparently
intended to simplify the task of the statutory com-
mittee, e.g. by enabling them to employ a staff of
qualified teachers to go round to different schools in
a given area on different days.
Clause 9, section 3. Would this section, read
in connexion with clause 7, section 3, make it obliga-
tory for teachers, if so required by the statutory
committee, to attend religious instruction when
240 The Religious Question in Education
given to the children in some building other than
the school, e.g. a church? Objections would be
raised to this.
The authors of this scheme do not seem to have
provided for any appeal against a decision of the
Board of Education.
In conclusion, this scheme makes a demand on
the Church of England for a considerable sacrifice
of her traditional educational policy. But if her
members, abandoning a conservative attitude, of
which the dangers are becoming more and more
evident, were to throw their energies and their
financial resources into working such a system as
the Bill provides, we think they would not be losers
by the exchange. No doubt the Bill could be con-
siderably improved in detail, but of all the schemes
which have come under our notice we feel bound to
say that it is not the least successful in combining
religious instruction, founded on the firm basis of
parental responsibility, with what is administratively
practicable and politically possible.
X.
EDUCATION (CONDITIONS OF GRANT)
BILL.
PRESENTED BY MR. MASSIE, SUPPORTED BY MR. BURT, MR.
BURNES, MR. GORDON HARVEY, MR. HAY MORGAN,
MR. ROGERS, AND SIR GEORGE WHITE.
MEMORANDUM.
THE object of this Bill is to attach by statute
certain conditions to the grant of public money in
aid of national education.
There are on the statute book a few conditions
attaching to grants in aid of public elementary
schools, but no statutory conditions whatever are
attached to the grants for secondary schools, training
colleges, evening schools, preparatory schools, and
other institutions.
The present practice is that the House of Commons
annually places large sums of money in the hands
of the Board of Education, and the Board offers
grants to various authorities and institutions on
certain conditions. These conditions are ever chang-
ing : they are issued annually in the form of codes,
minutes, and regulations, and fill hundreds of closely
printed pages, and they include, side by side, the
most important political principles and the most
minute administrative detail.
241 16
242 The Religious Question in Education
The Bill is based on this distinction between
principle and detail. It takes current regulations
made by the Board of Education for secondary
schools, and in so far as they enlarge popular control
and religious liberty it proposes to make them per-
manent statutory enactments, while still leaving
administrative details to be dealt with by depart-
mental regulations.
The Bill further proposes to apply these conditions
to all schools and institutions receiving public money.
It thus secures uniformity in matters of important
principle. Incidentally it offers a considered com-
promise on the vexed question of the control and
management of denominational elementary schools.
A BILL TO REGULATE THE CONDITIONS ON
WHICH PUBLIC MONEY MAY BE APPLIED
IN AID OF EDUCATION IN ENGLAND
AND WALES; AND FOR OTHER PUR-
POSES INCIDENTAL THERETO.
Be it enacted by the King's most Excellent
Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority
of the same, as follows :
I. When the Board of Education, out of money
conditions provided by Parliament, aids the supply of
on which education by grants in aid of the cost in-
ic money currec j f or tn j s p ur p OS e by a local authority
granted in or by the governing body of a school, or
aid of educa- when a local authority out of the local
rate supplies or aids the supply of educa-
Education (Conditions of Grant) Bill 243
tion, such public money, whether from a parlia-
mentary grant or from a local rate as aforesaid,
shall be paid in respect of any school only so
long as the following conditions are complied
with :
( i ) The governing body of the school, where it
is not a local education authority or a com-
mittee of a local education authority, must con-
tain a majority of representative governors :
Provided that if any authority or constituency
abstains from exercising or fails to exercise
any power of appointment or election exercise-
able by it, and by reason only of such absten-
tion or failure the governing body does not
contain a majority of representative governors,
the school may nevertheless be regarded as
complying with this section. In this sub-
section
(a) " Representative governor " means a member
appointed on the governing body by a local
authority or by a popular constituency, and
any person who is a member of the govern-
ing body by virtue of his office as a Member
of Parliament, mayor, chairman, vice-chair-
man, or member of any local authority, or as
chairman or vice-chairman of a popular con-
stituency ;
(&) " Local authority " includes the council of any
county, borough, urban or rural district or
parish, any committee constituted under sec-
16
*
244 The Religious Question in Education
tion 17 of the Education Act, 1902, and any
board of guardians ;
(c) "Popular constituency" includes any parish
meeting or vestry, and the rate-payers of any
parish.
(2) The instrument under which the school is
governed, whether in the form of a trust-deed,
scheme, charter, Act of Parliament, statutes, regula-
tions, or minutes
(a) Must not require any members of the teaching
staff to belong, or not to belong, to any par-
ticular denomination ;
(fr) Must not require a majority of the governing
body, whether in virtue of their tenure of any
other office or otherwise, to belong or not to
belong, to any particular religious denomi-
nation ;
(c] Must not provide for the appointment of a
majority of the governing body by any per-
son or persons, who, or by any body the
majority of whom, are required, whether in
virtue of their tenure of any other office or
otherwise, to belong, or not to belong, to any
particular religious denomination.
(3) -(a) No catechism or formulary distinctive of
any particular religious denomination may
be taught in the school except as provided by
this subsection ;
(d) If the instrument under which the school is
governed requires, or does not prohibit, the
Education (Conditions of Grant) Bill 245
giving in the school of religious instruction
distinctive of any particular denomination,
the governing body may provide such in-
struction for any pupil upon the written re-
quest of the parent or guardian of the pupil.
A record must be kept of all such requests ;
(c] In a school where such instruction is given,
regulations must be made by the governing
body such as will secure observance of pro-
visions (a), (6), and (c) of this subsection to
the satisfaction of the Board of Education,
and a copy of such regulations must be given
to the parent or guardian of every pupil ;
(d} Such instruction, if given, must be provided
from funds other than grants made by the
Board of Education or any local authority.
2. No minute of the Board of Education pre-
scribing further conditions on which A PP roval of
public money may be applied in aid of Commons
education shall be deemed to be in force required for
until it has lain for not less than thirty
parliamentary days on the table of the
House of Commons and been approved conditions.
by a resolution of that House.
3. For the purpose of this Act the expression
"school" shall mean any school, college, Definition.
hostel, or institution in which education is provided.
4. This Act shall not extend to Scotland or
Ireland and may be cited as the Educa- Extent of
. Act and
tion Act, 1909. ^ titl ,
minutes
"
246 The Religious Question in Education
COMMENTS BY THE EDITORS.
This Bill is of a far-reaching character. It has
regard not only to elementary schools but to every
grade of educational institution, including the train-
ing colleges. It is short and simple, but by the
" Conditions of Grant " it entirely changes the
whole system of State-aided education, and no
denominational school, college, or other institution
could be conducted on denominational lines, how-
ever emphatic its trust-deed, without forfeiting all
assistance from public monies, whether from grants
or rates. Both Government and teaching staff
would be undenominationalized, and except under
clause i, 3 (b] the only kind of religious teaching
allowed within the walls would be Cowper-Tem-
pleism. No doubt it enlarges "popular control,"
but it is difficult to understand the claim that it
enlarges " religious liberty," and it is a measure
which would certainly meet with the determined
opposition of Churchmen, Roman Catholics, Jews,
and all the supporters of definite and distinctive
religious teaching, who, it must be remembered,
are both tax-payers and rate-payers themselves.
It is perhaps worth pointing out in this place that
"popular control" and "religious liberty" are in-
compatible when a majority, whether of managers,
rate-payers, or others, are allowed to dictate the
form and kind of religious teaching minorities, or
even individuals, are to receive. But they might
Education (Conditions of Grant) Bill 247
become compatible where, as in some of the
other schemes here discussed, popular control over
the schools does not extend into the sphere of re-
ligion, and where the consciences of parents have
statutory recognition and protection. Furthermore,
it is often forgotten that the forcible association of
managers or teachers of different religious beliefs,
under the plea of "public control" in the first case
and " no tests for teachers " in the second, is what
makes denominational teaching and, in the end,
even the barest form of Christian teaching impos-
sible, for the eventual standard can only be the
common denomination of the religious conceptions
of the community at large. This is the chief in-
dictment brought by denominationalists against
"undenominational" teaching, which this scheme,
like that adopted at conferences held by the National
Education Association (see p. 131), seeks to make
the one, State-endowed form.
Clause i, section i. This entirely alters the
management of non-provided schools, as the control-
ling majority of the managers will be in some way
popularly elected. It should be stated that every
secondary school, training college, preparatory
school, etc., which receives grants from the Board
of Education, is required under this section to have
a governing body, the majority of which are ap-
pointed by local authorities and are not required to
belong to any particular religious denomination.
Section 2. Teachers are not to be appointed on
248 The Religious Question in Education
any denominational or other religious ground. This
also applies to other schools as above.
Section 3. (a) Apparently Cowper-Temple teach-
ing is to be paid for out of rates and taxes.
(&) This as it stands would enable Baptists, for
example, to have Baptist teaching in a Church or
Roman Catholic school or other institution originally
founded for a particular religious training, if it
were not prohibited in the trust-deed, but not
in the common or provided school. This can
hardly be intended. The word "may" leaves
everything to the discretion of the managers, a
majority of whom are to be appointed on an unde-
nominational basis. Supposing a dissenting majority
of managers over a Church school said : " We may
give Church teaching in response to a parental de-
mand, but we willnot," what would happen ? On the
other hand, could they give Cowper-Temple teach-
ing in a Church school even if it were demanded ?
It is not ''instruction distinctive of any particular
denomination ". The provision as to payment under
(d] would probably lead to teachers in non-provided
schools being paid lower salaries than in provided,
for when given any distinctive teaching, e.g. Church
teaching in a Church school, would have to be paid
for separately by the managers. The object of this
section is hardly disguised, i.e. to make denomina-
tional teaching in all schools built for the purpose
almost impossible, but the machinery by which this
is done raises several difficult questions. Appar-
Education (Conditions of Grant) Bill 249
ently this section is not intended to be limited
in its effect to elementary schools. By section 4
of the Education Act, 1902, a local education
authority may at the request of parents of scholars
(at such times and under such conditions as the
authority thinks desirable) allow any religious in-
struction (i.e. other than that under the Cowper-
Temple clause) to be given in any institution other
than elementary, i.e. in any council secondary
school, training college, or hostel, but not at the cost
of authority, provided that no unfair preference is
shown to any religious denomination. Thus the
existing law gives considerable freedom to the local
education authorities to allow varieties of religious
instruction in their institutions for higher education,
in accordance with the parents' wishes. It is
evidently intended by this section to curtail this
freedom.
Clause 2. The Board of Education will be re-
strained in future from altering conditions of grants
without the express sanction of the House of Com-
mons. This is one of the most interesting points
in the Bill. The encroachments of the adminis-
trative departments have been very much in evidence
of late, and a mischievous tendency has developed
by which the legislative action of one political party
has been modified by the administrative action of
the opposite party. This is particularly mischievous
in the sphere of national education, which should
not be rendered the battleground of politics. (We
250 The Religious Question in Education
cannot help remarking that by the memorandum
attached to the Bill it is on these very departmental
acts or "current regulations " now sought to be re-
strained, that the Bill itself is founded.) But the
making of grants is so complicated a business that
the need of referring any change in the detailed
regulation to the approval of the House of Commons
might be found obstructive to educational conveni-
ence and injurious to the elasticity of departmental
arrangements.
XL
THE CLAIMS OF THE ROMAN
CATHOLICS.
AS SET FORTH OFFICIALLY BY THE ENGLISH
ROMAN CATHOLIC HIERARCHY AND EM-
BODIED IN THE ARCHBISHOP OF WEST-
MINSTER'S LENTEN PASTORAL, 1906.
" No question of public interest demands our con-
stant and earnest prayer more than this most vital
one, that the Holy Spirit of God may so guide the
legislature of the country that no injustice may be
done to our Catholic schools.
" Our position is well known, so well known, in-
deed, that to some it may seem useless to insist
again upon it. We ourselves have set it forth on
more than one occasion, and notably at the
Catholic Conferences held at Birmingham in 1904,
and at Blackburn in 1905.
"... We are prepared to further in every way
a lasting settlement of the education difficulty, in so
far as we can do so consistently with those sacred
principles which we can never surrender, because
they belong to God, and are not ours to give. It
251
252 The Religious Question in Education
is those principles which we must again declare to-
day.
"We claim that, because they are equal in all
things to their fellow-countrymen, as rate-payers,
as citizens, as subjects of the same Sovereign, as
sharing all the privileges and burdens of the same
nationality, Catholic parents possess the right in
justice ' to have their children educated in the
elementary schools of the country in conformity
with their conscientious religious convictions '.
Primary education is by law compulsory, and free
from cost to the parent. It must not in its com-
pulsion, or by the threat of abolishing its freedom
from cost, violate the conscience of any. We are
told that there are many English parents, the large
majority, it is alleged, of the nation, who are well
content with what is called 'simple Bible teaching,'
imparted during a portion of school hours, as part
of the school curriculum, without reference to the
actual belief of the teacher who conveys it. Some
there are who would think it necessary that this
teaching should be supplemented by more definite
instruction on the Sunday, or at some other con-
venient time, outside the school curriculum. Many,
however, would be satisfied with the teaching
given in the school, and would regard it as convey-
ing, in connexion with the secular subjects taught,
an education in conformity with their conscientious
religious convictions. On this account, because
such teaching is regarded as satisfying the average
The Claims of the Roman Catholics 253
Englishman, we understand that it is now sug-
gested that it should be imposed by statute on all
the public elementary schools in the country ; in
other words, that it should be permanently estab-
lished and endowed. In the eyes of Catholics this
would be the establishment and endowment of
Protestantism in its simplest form, and would con-
stitute an education not in conformity with, but in
direct antagonism to, their conscientious religious
convictions. Such an arrangement, if left to stand
alone, will certainly not effect a permanent settle-
ment of the question at issue. We have no desire
to interfere with the right of parents to have such a
system of education if it satisfies them. We can
have none of it ; and although we are a minority,
we have the same right to due consideration of our
conscientious wishes as the majority to whom satis-
faction will thus be given.
" What, then, is our claim ? A Catholic education,
and not a Protestant education, whether the latter
be expressed in its simplest or in its most highly
developed terms. A Catholic education implies
three things : Catholic schools, Catholic teachers,
effective Catholic oversight of all that pertains to
religious teaching and influence.
" First, Catholic Schools, that is, schools in which,
as in a Catholic home, all the surroundings shall be
such as to keep alive the religious influence, which
is an essential part of Catholic life and practice ;
where, in a word, there can be no doubt at first
254 The Religious Question in Education
sight, even to the casual visitor, that the school is
intended for and frequented by Catholic children.
We desire the presence of none others in our
Catholic schools ; we have no wish to proselytize
little children. When they are found in our schools,
they are there, either because we are compelled to
receive them by law, or because they have been
placed there by the deliberate choice of their
parents. While we never disguise our longing to
bring home the teaching of the Catholic Church to
the people of England, and to obtain their accept-
ance of it, such preaching is addressed to the
adult, not to the child, and we desire that the re-
ligious teaching of our schools should be for those
alone whose parents deliberately choose it for
them.
" Secondly, Catholic Teachers. To a very large
extent teachers, in dealing with children of the class
needing elementary schools, have to take the place
of parents. As we have said elsewhere : ' Circum-
stances are such at the present day that many
parents are unable from want of time or lack of
capacity, and too often from neglect and indifference,
to provide adequately for the education of their
children '. And Catholic parents, however neglect-
ful or indifferent they may be, when they place their
children at a Catholic school, do so in the hope and
with the conviction, that their children will receive
therein the Catholic education which they are them-
selves unable to impart ; in other words, that the
The Claims of the Roman Catholics 255
teacher will truly stand to these children in loco
parentis catholici. No one but a Catholic can hold
such a place.
" Thirdly, effective Catholic oversight of all that
pertains to religious teaching and influence. Only
those who are representatives of the Catholic Church
can give to Catholic parents the assurance which
they need and rightly ask, that the teachers to
whom they entrust their children are Catholics not
merely in name, but in deed, and that their teaching
and influence are in accordance with the principles
of the Catholic Church. No non-Catholics, how-
ever well intentioned, no public authorities, however
well disposed, are competent to pronounce a satisfy-
ing judgment on this matter, which is essentially
beyond their purview.
" This, in a few words, is our most just claim.
The late Government endeavoured to meet the
position by enacting that four out of the six man-
agers of our schools should represent the trustees,
and that these six managers should appoint the
teachers. This arrangement was not in every
respect a satisfactory one. If the present ministry
can find a better and more satisfactory guarantee,
we shall have no hesitation in accepting it. But
our claim will always stand, and, until it is ade-
quately and fairly met, there can be no final settle-
ment of the education question. We may repeat
here what we said at Birmingham in September,
1904 :
256 The Religious Question in Education
" 'Where, then, is the solution of the education
difficulty to be found ? Some will tell you that we
are tending to the complete secularization of all
public elementary schools. I trust that this is not
the case, for such a policy would not only be a
calamity to the nation as a whole, but it would most
certainly not be a solution of the difficulty which
confronts us. Rather it would intensify still more
the crying injustice of which we have already so
much reason to complain. The lesson of passive
resistance has been taught very prominently of late.
But what, I ask you, would its most acute recent
developments be in comparison with the resistance,
both active and passive, which if the Christianity
of England is worth anything at all would at once
be aroused if Christian parents were to be forced to
send their children to schools which their conscience
abhorred ? Compulsory education in secularized
schools would most certainly not end the diffi-
culty.'
"To find a solution I go back to the words of
Cardinal Manning, written in 1882 :
"' . . . If the Government may tax the whole
people for education, the whole people have a right
to share in the beneficial use of such taxation. An
education rate raised from the whole people ought
to be returned to the whole people, in a form or in
forms of education of which all may partake. If
any one form of education can be found in which
all the people are content to share, let it be adopted ;
The Claims of the Roman Catholics 257
if no one such form be possible, let there be as many
varieties of form as can with reason be admitted.
No one form of religious education would satisfy
Catholics, Anglicans, Nonconformists, and unbe-
lievers. No form whatsoever of merely secular
instruction will satisfy the great majority, who be-
lieve that education without religion is impossible.
Therefore if no one form can be found to satisfy all,
many and various forms of education ought to be
equally admitted, and equally allowed to stand on the
same ground before the law'
"In other words, an equitable solution is to be
found not in ignoring, but in recognizing to the full,
the religious differences of the country. . . . With
regard to the provision of elementary schools, let
all Englishmen alike stand on an equal footing
before the law, and let all alike have, under reason-
able conditions, schools properly built and fully
equipped at the public cost to which all alike con-
tribute but of a character to which they can send
their children without any injury being done to
their conscientious religious convictions. I say
under reasonable conditions, because where very few
children of one religious belief are to be found, it
would be obviously impossible to provide an efficient
school for them, and it would be necessary that their
own pastor, priest, or clergyman should see that
adequate provision is made for the religious instruc-
tion of the very small minority. But in all large
centres where a number of children too great for
17
258 The Religious Question in Education
individual religious care out of school is to be found,
I maintain that for such children schools should be
provided and maintained at the public cost, wherein
they shall receive an education in accordance with
the religious convictions of their parents, at the
hands of teachers who are recognized as fit and
capable for their task by the religious body to which
they belong.
" This is our full claim. If, in answer, we are told
that our fellow-tax-payers and rate-payers are to
receive an education not at variance with their con-
scientious convictions, at the cost of the nation,
while we must continue to pay, as heretofore, an
additional tax for the privilege of educational re-
ligious freedom, and must help the nation to provide
sites and buildings and teachers for our schools, we
shall be prepared, to the extent of our power, to
continue the struggles of the past, rather than
sacrifice our children ; but let no man venture to
say, then, that even-handed justice has been done
to all alike. Quite recently we were glad to raise
our voice publicly on behalf of the Jews of Russia.
What was our plea ? ' g That all should have equal
rights before the law, and that no one should be
placed in an inferior position on account of his con-
scientious religious convictions.' On behalf of the
Catholics of England we make the same plea, on
the same grounds, to our ministry to-day, pledged
as they are by their whole history and by those
liberal principles which they profess, to see justice
The Claims of the Roman Catholics 259
done to all, and to abolish all religious disabili-
ties.
" Let them take heed and be warned by the past.
A powerful party has been exposed to obloquy and
disaster because it was thought by some to violate
conscientious claims. We catholics have no quarrel
with any political party ; we desire none. If a
quarrel comes, it will be because it has been forced
upon us. But if our claims are disregarded, if our
appeal for consideration is set aside, let no one
imagine that a final settlement has been reached.
We shall be bound in conscience to use to the utter-
most every legitimate means of resistance which we
possess. We shall cry out unceasingly against the
injustice which has been committed. And most
assuredly a day will come, when the eternal principles
of justice will rise up, and overthrow, and destroy,
those who disregard them now, and who venture to
ride roughshod over the conscientious convictions of
those who regard definite religious teaching as an
essential part of education. For, although on this
occasion, speaking as we are to our own flock, we
allude only to our Catholic schools, we do not forget
that there are others who attach the same impor-
tance as we do to religious education. Taking into
account the exceptional sacrifices which we have
made, we might, perhaps, claim special considera-
tion. We have not done so ; we have no thought of
doing so.
" What we ask for ourselves we ask for all those
17*
260 The Religious Question in Education
who claim it on the same grounds. Our demand
is that all Christian parents should have it in their
power to find in the elementary schools of the
country an education in conformity with their con-
scientious convictions, without let or hindrance or
disability of any kind ; and that the privileges
now conferred on those who attach no importance
to definite religious teaching should be finally
abolished.
"We are warned by some that, if we press our
claims too far, we shall drive the country, from
sheer desperation, into the deplorable system of
purely secular schools. God forbid ! But what
does this warning mean ? Surely nothing less than
that there are some who are so intolerant, so rabid
in their intolerance, so hostile to any religious influ-
ence except that of their own small surroundings,
that they are prepared to jeopardize the Christianity
of the country, in order to cry victory over those to
whom they are opposed. Upon them, then, be the
odium, on them all the responsibility of the accom-
plishment of the threat which they utter so loudly.
In the eyes neither of God nor of man shall we
have any guilt, who, most readily granting to others
that which they can conscientiously accept, ask a
like concession for ourselves. Of such threats we
need take no account : the judgment which they
evoke will fall upon those who utter them. But
we most earnestly pray that no such calamity may
come upon our country. ..."
The Claims of the Roman Catholics 261
COMMENTS BY THE EDITORS.
The Roman Catholic position is put very clearly
by this Pastoral Letter of Archbishop Bourne, and
we may go further and say that the case for
denominational religious education as a whole has
rarely been put forth in more impressive or per-
suasive language.
The Roman authorities have always refused to
make themselves responsible for any detailed scheme
the nearest to an official scheme is that of the
Salford Diocesan School Association, which, though
a mere sketch, we here subjoin and prefer to
make their demands, leaving to the Government
of the day the task of meeting these in any educa-
tional legislation they may initiate. It is not too
much to say that the Roman Catholic Church in
England with its strong support of the parents,
mostly Irish, of the children in its elementary schools,
has exercised during the past ten years, if not a
determining influence on attempts of educational
legislation, at least an influence out of all pro-
portion to its numbers. This is of course largely,
but not wholly, due to the exigencies of the present
political situation. For the most determined unde-
nominationalists hesitate before taking action which
might produce a parental strike on a large scale,
whilst, on the other hand, the Protestant prejudices
of the Nonconformists, if not the general feeling of
justice in the country, prevents special terms being
262 The Religious Question in Education
conceded to Roman Catholics, at any rate by name.
Anglicans and Romans have common interests, but,
except as regards numbers, the latter have con-
spicuous advantages. Their ecclesiastical author-
ities, being appointed by a central power outside
the country, speak with an unanimity and persis-
tency impossible to an episcopate nominated by
different political parties ; and, secondly, they speak
for a small and compact body of adherents unlike
the Anglican Bishops who, theoretically at least,
assume a responsibility towards the whole nation
so that it often becomes difficult to determine the
limits of membership of the Church of England.
And, indeed, all National Churches, even those
in communion with Rome, are to some extent
weakened in their action by the enormous fringe
of nominal adherents. All this must be remem-
bered in considering the Roman Catholic demands
and the political force behind them.
It will be seen that the Roman Catholics would
not be content with a "right of entry" or "facili-
ties " ; they insist upon separate schools, and are
quite indifferent as to what goes on in the provided
or council schools. This is because their popula-
tion, largely of Irish descent, lies mainly in the towns,
where they have been able to set up their own non-
provided schools : the maintenance of these schools,
with adequate opportunities of extension, satisfies
them. But the case would be wholly different if,
as they assuredly hope, they were to make such a
The Claims of the Roman Catholics 263
large impression upon the English people as to
spread into the country or " one-kind-of-school "
districts. Then they would be driven to the same
position as their Anglican brethren, i.e. whilst pre-
ferring their own "atmosphere" schools in towns
and wherever possible, they would have to make
such provision as was practicable in the common
or provided schools. And it is to be noted that
this provision for denominational teaching in the
common schools is accepted in other countries, such
as Germany, by the Roman Catholic Church. 1
The only other point in this Pastoral to be no-
ticed is the insistence of the Roman authorities
on what is called "tests for teachers ".
1 " The Volksschulen (in Prussia) are denominational, i.e. Evangelical,
Catholic, Jewish, or mixed. Mixed (paritatische or simultane) schools are
those in which the separate religious instruction of minorities is provided
for by the employment of teachers of different denominations. . . . The
Regierungen have to regard the religion of the place in the appointment
of the teacher, and the religious instruction of small minorities is provided
for. If ten or fifteen children in a school are of a recognized religion
other than that which is taught in it, the locality has to provide for their
separate instruction, either by bringing a teacher to them or sending them
to a teacher " (" Board of Education, Special Reports on Educational
Subjects," Vol. IX, 1902, p. 306).
" The same care is taken in Saxony as in Prussia to protect religious
minorities" (Ibid. p. 338).
" There is, it is true, a religious difficulty (in Rhineland), but it is
generally met by the community providing a separate school for each
different sect, and thus a small village may have two small schools, one a
Catholic and the other a Protestant. This is the rule, but in some towns
visited, for example, Crefeld and Cologne, we found a novel and, to us,
surprising method of solving the difficulty. Under one roof, and in the
same block, with separate teachers and textbooks, were two complete and
independent schools, one a seven class Protestant school, and the other a
fourteen class Catholic school, living in peace and concord with one
another " (Ibid p. 407).
264 The Religious Question in Education
Finally, we may quote, as completing this state-
ment, from the Declaration of the Roman Bishops
in 1894.
"Catholic parents cannot in conscience accept or
approve for their children a system of education in
which secular instruction is wholly divorced from
education in their religion.
" The only system of religious education which
Catholic parents can accept for their children is
that given under the authority and direction of the
Catholic Church."
XII.
THE MANCHESTER EDUCATION CON-
CORDAT, OR, THE SALFORD (ROMAN
CATHOLIC) DIOCESAN SCHOOL AS-
SOCIATION DRAFT SCHEME.
THE following draft scheme was submitted to the
Manchester Concordat Committee as a reasonable
scheme when a Liberal and Nonconformist Govern-
ment was in power, and when Nonconformists were
in an ideal position to get good terms by negotia-
tion. Such a strong position will hardly ever
recur, and an opportunity was lost, owing to the
wild ideas of conquest of extreme Nonconformists
stimulated by the impossible character of the four
Liberal Bills.
The scheme is brought forth again at a time
when similar attempts on Catholic and Church
schools cannot be made. Catholic ideas of justice
and fair play do not depend on the political com-
plexion of the House of Commons, and what was
just or reasonable then is just and reasonable now.
If Nonconformists might reasonably expect con-
sideration when their friends were in power, they
265
266 The Religious Question in Education
ought to get reasonable consideration when no
longer in power. The only reason why Noncon-
formists did not succeed in having their grievances
redressed, was, the measures proposed inflicted
worse grievances on Catholics and Churchmen.
The accompanying scheme is incomplete in detail,
particularly with regard to the machinery for bring-
ing into being the joint-managers elected by parents,
but it effectively does one thing it emancipates the
Nonconformist children from Church of England
influence which is already done as far as law can
do it by the conscience clause and places the whole
religious schooling of such children under Noncon-
formist influence. Further, it tolerates no act of
aggression either on the Churchman's school or the
Churchman's child.
The scheme does distinctly contemplate making
nearly all the existing schools in single school areas
available, since failure to agree would involve a
heavy local rate to provide the new school.
The scheme is offered in its entirety and is based
on concessions all round.
It is of urgent importance to all to the Catho-
lic whose anxieties are unbroken by the constant
danger arising from unsettled opinion ; to the
Churchman who cannot indefinitely maintain the
monopoly of the single school area ; to the Non-
conformist whose child will be emancipated on
these lines and who will not be emancipated at all
if the Nonconformist means that the emancipation
The Manchester Education Concordat 267
of his child involves the enslavement of other
people's children.
Why could not a Royal Commission be appointed
to work out this settlement and let the report
be finally considered by the Catholic Bishops, the
Church of England, and the Free Church Council
for such final adjustment as would meet all reason-
able requirements of these bodies ?
Resolution I. Denominations which have built
schools for denominational education, if these
schools are no longer used for such education, have
a right to retain them for denominational purposes
on refunding any building grants from the State ;
and in calculating the amount of such refund due
regard shall be had to the depreciated value of such
grant owing to use.
[NOTE. The object of this resolution is simply to (a) re-
affirm the yth Commandment (Anglican 6th); (b] to affirm
the principle that a school built by the aid of a Government
building grant years ago has not the same property value now
owing to use and deterioration that it had years ago. The
argument that the interest on the sum entitles the Government
to the full amount changes the nature of the transaction
between the Government and the school builders the trans-
action was a building grant, not a loan with or without interest.]
Resolution II. The principle of equity embodied
in Resolution I regarding schools built by denom-
inations is hereby affirmed regarding all forms of
school property, whether such schools be private
ownership schools, family trust estate schools, etc.,
268 The Religious Question in Education
(i.e.) they shall revert to the owners if they cease to
be carried on according to the terms and conditions
under which they were founded.
[NOTE. The aim of this resolution is in substance to do
for all other owners, etc., of schools what Resolution I does
for denominations, simply to declare that the owners, etc., are
the owners the yth Commandment over again.]
Resolution III. (The Religious Question in
Urban Areas). That with the view of relieving
parents and children where either a denominational,
or an undenominational monopoly exists, or both
together to the exclusion of any other type of
denominational school, adequate provision should
be made in existing schools by a joint system of
teaching management and control meeting the
wishes of groups of parents ; or as an alternative,
where the managers of an existing denominational
school so prefer, a system of separate schools should
be set up to meet the requirements of such parents,
provided that at least the parents of fifty children
demand such a school.
[NOTE. This resolution contemplates various cases of diffi-
culty which ought to be redressed. In Macclesfield and Preston,
for example, you have a denominational monopoly where there
are no other schools, and there, all undenominationalists, broadly
speaking all Nonconformists, are rate-payers to a type of school
they do not like, and pay for a type of religion which they do
not want, while not receiving the type of religion they do want
for their money. In Birmingham and elsewhere you have an
undenominational monopoly supported by denominationalist
money. This resolution aims at freeing from this grievance.
The Manchester Education Concordat 269
Again, an arrangement can be made whereby the building of
another school may be obviated, but in such way as not to force
the owners of a denominational school. The joint management,
etc., means that parents of a group of children other than those
belonging to the denomination who own the school may elect a
manager who shall have charge of the religious instruction to be
given by a member of the staff to be appointed with qualifica-
tions for that duty. In a word, say in a Church school, it
means an undenominational manager and an undenominational
teacher for undenominational children during religious instruc-
tion, or a greater proportion according to numbers ; but such
managers shall have no control over the religious instruction of
the children of the denomination to which the school belongs.]
Resolution I V. With the view of freeing parents
and scholars, the capital by which such schools
should be set up may be provided (a) by the Ex-
chequer, and when a school is so provided it shall be
vested in the Board of Education as national pro-
perty, (b] By part grants in aid of building, when
the school shall be held in trust for educational
purposes by those providing the school, (c) By
private effort, when the school belongs to those who
build it to hold as private property or on a wide
trust, or as they choose to hold it.
Resolution V. Single school areas shall be dealt
with on the lines of Resolutions III and IV, by the
joint system if such can be arranged ; by the separ-
ate system if such joint arrangement fails ; but
where the children are so few that a second school
is educationally impossible, then facilities shall be
afforded in the school or elsewhere to the parents
270 The Religious Question in Education
of the children other than those to whom the
school belongs for such religious instruction as they
desire for their children, provided always that fifty
children shall be sufficient for a separate school ;
and Resolution IV as to capital shall apply.
[NOTE. By area is here meant not any existing unit of area
such as district or parish but simply a place where there
is only one school within reasonable distance of children
bound to attend school.]
Resolution VI. Jews. That in areas where a
sufficient number of Jewish children may be found
sufficient for a class or part of a class a suitable
teacher shall be provided to meet the requirements
of such children according to the wish of their
parents ; meeting the parents' wishes on the religious
side, and the local education authority's wishes on
the secular instruction side ; and that such children
have the special care and protection of local educa-
tion authority and teachers.
Resolution VII. With the view of restraining
the local education authority from inadequately
maintaining a school, the Board of Education shall,
on cause shown, be empowered to pay over direct
to the managers of an inadequately maintained
school such a sum as, in the opinion of the Board,
is necessary to maintain the school, such sum to be
deducted from the grants due to that authority ; or
some summary measure shall be devised to compel
the adequate discharge of statutory duties of ad-
ministrative bodies.
The Manchester Education Concordat 271
Resolution VIII. That no differentiation in the
allocation of Government grants be made on relig-
ious ground in secondary schools, provided that the
Board of Education be represented on the board of
governors, and that no representation be granted
to local education authority as such unless on the
grounds of financial assistance provided by the
local education authority. But such public repre-
sentation shall have no control over the expense of
religious instruction unless such religious instruc-
tion is carried on out of public funds, provided always
that a secondary school shall be provided by the
local education authority where the parents of a
sufficient number of secondary scholars demand it,
and shall be conducted in accordance with the
wishes of the parents.
[NOTE. Existing and future denominational secondary
schools must not be penalized, and secondary schools, where
necessary, must be provided by local education authority, ac-
cording to requirements of parents.]
Resolution IX. Denominational training col-
leges shall be free from all restrictions placed on
them on religious grounds, and such colleges may be
enlarged and new colleges may be set up according
to denominational requirements ; and undenomina-
tional colleges shall be provided from Exchequer
funds equal to the demand for the new undenomi-
national elementary schools contemplated under
Resolutions III and IV, such undenominational
colleges to have a conscience clause, to allow of
272 The Religious Question in Education
affiliated hostels, and, as far as possible, to be
worked in connexion with an existing University.
SOME PRINCIPLES.
i. Since God has permitted the unity of re-
ligious belief in England to be shattered into some
300 scheduled religions and 3000 unscheduled,
there are three policies open :
(a) Live and let live.
(b) Fight dog, fight bear.
(c) Return to religious unity where it was
broken off.
2. It is not the duty of Parliament to help the
Nonconformist to absorb the Churchman, or the
Churchman to absorb the Nonconformist, or either
to absorb the Catholic, but when they pay their
money to educate all and injure none.
3. If liberty, economy, and efficiency have to
ride the same educational horse, two must necessarily
sit behind liberty has first place in this scheme.
As to economy this country has more money than
sense. ^"250,000,000 spent on " Liberty" in South
Africa would give a great deal of liberty to mere
Englishmen at home. As to efficiency we have it
not ; and we shall never have it as long as the nob-
lest ideal of educational efficiency continues lost.
Initium Sapienticz Timor Domini.
COMMENTS BY THE EDITORS.
This scheme derives its importance from two facts ;
it is a complete scheme put forward by Roman
The Manchester Education Concordat 273
Catholics (under the guidance of Monsignor Tynan),
who are ordinarily content with merely formulating
their demands, and, secondly, it has met with a fav-
ourable reception at the hands of educationists of
various denominations and types in the North of
England. It is obviously a mere sketch of a legis-
lative measure, largely dependent on details which
are not filled up. No attempt has been made to
cast it into the form of a Bill, the authors thinking
that its general scope would be better understood
by the bare resolutions. This is no doubt true, yet
on the other hand we think that the drafting of a
Bill on the lines of these resolutions would disclose
certain difficulties which would have to be met, and
which might compel a reconsideration of the scheme.
The scheme deals not only with elementary
schools but also with secondary schools and training
colleges. Its general object is to maintain denom-
inational schools and the "dual system" whilst
making all possible provision for parental wishes in
schools of different types. A register of parents'
wishes would be kept and met, not by what are
usually known as "facilities," but by appointing a
special manager and teacher to give the special form
of instruction required by any group of parents, and
when " such joint arrangement fails " and the parents
of fifty children require it, by building a separate
school. Apparently only four categories are con-
templated : Roman Catholic, Church, Undenomin-
ational, Jewish. These no doubt practically cover
18
274 The Religious Question in Education
the ground and their adoption would relieve the
chief grievances of the existing system. But it
would seem wise to make some provision for those
Nonconformists and others who under a new system
might not be content as they now are with undenom-
inationalism (see the Hope-Eden scheme) In Res-
olutions III and V we have the bare outlines of the
plan. No details are given as to how the special
teachers are to be appointed and dismissed, or as to
the relations between the local education authority
and the special managers ; without these details it
is impossible to judge of the practicability of the
scheme. Nor is it clear as to whether " the mana-
gers of an existing denominational school " are to
have the power to refuse to open their doors to alien
religious teaching and so force the establishment of
a costly system of separate schools for fifty children
and upwards. Jews are dealt with by themselves in
Resolution VI in a slightly different manner, the
reason for which is obscure.
The remaining resolutions are chiefly concerned
with finance and are drafted on equitable lines.
XIII.
THE JEWISH POSITION AS ARRIVED
AT BY A COMMITTEE APPOINTED
IN 1908.
SUGGESTIONS FOR INSERTION IN NEW EDUCA-
TION BILL.
JEWISH schools not to be differentiated from other
schools, i.e. to be under the control of local edu-
cation authority in the same way as all schools.
No contracting out.
i. In schools which are non-provided Jewish
schools at the passing of this Act, in lieu of the in-
struction given by the local authority under sub-
section 2 of section 14 of the Elementary Education
Act, 1870, instruction in Hebrew and the Jewish
religion shall be given as part of the ordinary
school curriculum to the children of Jewish parents.
2. Of the teachers employed in such schools
such a number shall be duly qualified persons of
the Jewish persuasion as shall be sufficient to secure
that the instruction in Hebrew and the Jewish re-
ligion is adequate. In the event of its being im-
practicable to employ as teachers in the school
a 75 18 *
276 The Religious Question in Education
sufficient persons of the Jewish persuasion to give
such instruction, it shall be the duty of the education
authority to engage duly qualified persons of the
Jewish persuasion who shall not be teachers in the
school to give instruction in such subjects.
3. In the case of such non-provided Jewish
schools the head teacher shall so far as practicable
be of the Jewish persuasion.
4. Any teacher who at the time of the passing
of this Act has been employed to teach the said sub-
jects in a non-provided school shall be deemed to be
competent to give instruction therein.
5. With regard to persons who have not been
so employed the local authority shall accept the
certificate granted by any recognized Jewish edu-
cational body or authority as evidence that a person
is competent to give such instruction.
6. The course of instruction in the said subjects
shall be in accordance with a code to be approved
of by such Jewish educational body or authority as
aforesaid.
7. Examinations in the said subjects shall be
held not less than twice a year by examiners to be
nominated by such Jewish educational body or
authority as aforesaid. Such examiners shall report
to the local authority and to such body or authority
as aforesaid.
8. It shall not be incumbent upon the local
authority to defray the cost of the said examinations.
9. In case of schools which at the time of the
The Jewish Position 277
passing of this Act are provided schools and in
which more than 50 per cent (?) of the children are
of Jewish parentage, the local authority shall make
provision for the instruction in Hebrew and the
Jewish religion of the Jewish children in the same
manner as they are required to do in the case of
Jewish non-provided schools, except that if it shall
be necessary to engage as teachers to give such
instruction persons other than such Jewish teachers
as are ordinarily employed in the school it shall not
be incumbent on the local authority to pay for the
employment of such extra teachers, but the cost of
engaging the same may be borne by or on behalf
of the parents.
10. Where instruction is provided by the local
authority for Jewish children in accordance with sub-
section 2 of section 14 of the Elementary Education
Act, 1 870, it shall be the duty of the local authority
to ensure that such instruction is given in accord-
ance with the Code allowed under Article 200
(section 2) of the Schools Management Code of
the London County Council, l or any similar code
approved of by such Jewish educational body or
authority as aforesaid.
ii. In the case of any school which was at the
passing of this Act a non-provided school it shall
be the duty of the local authority to allow the school-
house to be used for the purpose of giving religious
instruction of the character given therein at the time
1 See note on p. 279.
278 The Religious Question in Education
of the passing of this Act on Saturdays and Sundays,
and at such other times on weekdays not forming
part of the time devoted to the ordinary instruction
in the school as may be found necessary or desirable
to supplement the religious instruction given in the
school hours. The schoolhouse shall be properly
warmed, cleaned, and lighted for the purpose of such
instruction by the local authority, who may charge
the persons whom they authorize to superintend
such instruction a sufficient sum in order to cover
the cost of such warming, cleaning, and lighting, but
may make no further charge.
12. In the case of schools of which 25 per cent
of the children are of Jewish parentage one manager
at least shall be of the Jewish faith, and in case of
schools of which 70 per cent or more of the children
are of Jewish parentage two managers shall be of
the Jewish faith.
13. All endowments and other property held in
trust for the purposes of any school transferred
under the provisions of this Act to a local educa-
tion authority shall be held in trust and applied for
the provision of religious instruction in such school
of the character given in such school previous to
the transfer, and if such endowments or other pro-
perty are more than sufficient for such purpose
the surplus shall be applied in giving instruction
according to the tenets of the same denomination
in other public elementary schools maintained by
the same authority, but so that such instruction
The Jewish Position 279
shall be in accordance with the provisions of this
Act.
This clause shall not apply to any endowment
or other property which under the trusts or other
provisions affecting the same must not be applied
for the purpose of giving denominational instruction.
NOTE.
The following paragraph on the subject of the
syllabus of religious instruction for Jewish children
appears in the " London School Board Minutes "
of 7 May, 1 896 :
" This syllabus was originally prepared by a Sub-
Committee on the Religious Instruction of Jewish
Children, and was subsequently, after amendment
by the Scripture Knowledge Sub-Committee, sub-
mitted by the latter Sub-Committee to the School
Management Committee, who, however, have not
adopted it"
The " Minute" of 7 May, 1896, already referred
to, mentions that a memorial was sent to the Board
of Jewish residents in Kensington for facilities for
the instruction of children in the Jewish faith at
schools in the district other than the Bayswater
Jewish School.
The Board decided that the memorialists should
be informed that in all schools where there are
enough scholars of the Jewish faith to form a class,
arrangements should be made for their instruction.
It was also decided "that the (attached) syllabus is
280 The Religious Question in Education
one which is allowed under Article 200, section 2
(now 80), of the School Management Code ".
The following Syllabus is one which is allowed under Article
200 (now 80), section 2, of the School Management Code
(B.M. 7, 5, 96, pp. 1552 and 1582), but is not authoritatively
issued (S.M.C. 12,397, p. 554).
FOR A SEVEN CLASS SENIOR SCHOOL.
Class I.
Learn Deuteronomy vi. verses 4-9, and Psalm xxm.
A few simple stories from Genesis.
Simple lessons from boyhood and youth of Samuel and
David.
Hebrew Letters and vowel points.
Class II.
Repeat Deuteronomy vi. verses 4-9 ; Psalm xxm.
Learn the Ten Commandments, and Psalm c.
Simple stories from Exodus.
Reading by teacher with explanations from Genesis xxxvn.,
xxxix. -L. i.e. Life of Joseph.
Hebrew Reading words of one or two syllables.
Class III.
Repeat Deuteronomy vi. verses 4-9 ; Psalm xxm., c., and
the Ten Commandments.
Learn Psalm xv.
Lessons from the Pentateuch, with special reference to the lives
of Abraham, Isaac, Jacob and Joseph, with the practi-
cal lessons to be derived therefrom.
Hebrew reading and translation of Deuteronomy vi. verses
4-9, or reading by teacher to children, from the follow-
ing chapters of Genesis xii.-xxvm.
The Jewish Position 281
Class IV.
Repeat Deuteronomy vi. verses 4-9 ; Psalms xv., xxin., c.,
and the Ten Commandments.
Learn Deuteronomy xi. verses 13-21.
Lessons from the Pentateuch, with special reference to life of
Moses, with practical lessons to be derived therefrom,
together with the teaching of the law of Moses with
reference to the "Poor," "Stranger," "Fatherless,"
"Widow," " Parents " and " Children ".
Hebrew reading and translation of Deuteronomy vi. verses
4-9, and the Ten Commandments; or readings by
teacher from Exodus i.-xx.
Class V.
Repeat Deuteronomy vi. verses 4-9 ; xi. verses 13-21 ; Psalms
xv., xxin., c., and the Ten Commandments.
Learn Psalms CXLV. and CXLVI.
Learn the following Proverbs to illustrate the duty of
(a) Truthfulness: Proverbs xn. verses 17, 18, 19, and
22 ; xiv. verse 25 ; xix. verse 22 ; xxvi. verse 28,
and xxvin. verse 13 ; (b] Temperance : Proverbs
xxin. verses 20 and 21.
Lessons on Joshua, Judges, Ruth, i Samuel.
Hebrew translation of Deuteronomy xi. verses 13-21, and
Psalms xv., xxin. ; or readings by teacher from Ruth,
and i Samuel xvi.-xxxi.
Class VL
Repeat Deuteronomy vi. verses 4-9; xi. verses 13-21;
Psalms xv., xxni., c., CXLV., CXLVI., the Ten Com-
mandments, and the following Proverbs to illustrate
the duty of (a) Truthfulness : Proverbs xn. verses 1 7,
1 8, 19, and 22 ; xiv. verse 25 ; xix. verse 22 ; xxvi.
verse 28, and xxvm. verse 13 ; (&) Temperance :
Proverbs xxni. verses 20, 21.
282 The Religious Question in Education
Learn Psalm CL.
Lessons on 2 Samuel, and i and 2 Kings.
Hebrew translations of Psalms cm., cxxi., CXLV., CXLVI., and
CL. ; or readings by teacher from i Kings.
Class VII.
Repeat Deuteronomy vi. verses 4-9; xi. verses 13-21;
Psalms xv., XXIIL, c., CXLV., CXLVI., CL., the Ten
Commandments, and the following Proverbs to illu-
strate the duty of (a) Truthfulness : Proverbs xn.
verses 17, 18, 19, and 22 ; xiv. verse 25; xix. verse
22; xxvi. verse 28, and xxvm. verse 13; () Tem-
perance: Proverbs xxm. verses 20, 21.
Learn Psalm cm.
General Knowledge of Old Testament History from Genesis
to Kings.
Hebrew translation of Leviticus xix. verses 1-4, and 9-18;
Psalms xxiv., xxv., cxm., cxiv., cxvm. ; or readings
by teacher from Isaiah i.-n. to verse 5 ; XL, xn., XL.,
LV., LVIIL, and Jonah, and Proverbs x.-xv.
R. BLAIR,
Education Officer.
L.C.C. EDUCATION OFFICES,
VICTORIA EMBANKMENT, W.C.
September, 1910.
COMMENTS BY THE EDITORS.
The Jewish proposals, like those of the Roman
Catholic Bishops, are concerned solely with the
denomination. They represent probably the mini-
mum with which the Jews will be content in the
event of a re-opening of the education question.
But it is hardly conceivable that the legislature
will make exceptions in the cases of these two
The Jewish Position 283
bodies and allow them more favourable terms than
the professors of other faiths. Therefore, in deal-
ing with the Jewish position, we must consider the
suggestions as going beyond the immediate scope
proposed by those responsible for them and being
applicable generally.
Clauses 1-8 apply to the Jewish non-provided
schools. They appear to indicate the essential
conditions to any such legislative scheme for
placing these schools under the entire control of
the local education authority as is proposed by the
group of educational reformers whose views are
represented broadly by two schemes printed and
discussed elsewhere in this book, i.e. that of the
National Education Association and the Condition
of Grant Bill. They contemplate the appointment
of a sufficient number of Jewish teachers in every
such school by the local education authority ;
evidently, like the Christian authors of several
schemes in this book, the Jews are not afraid of
imposing "tests for teachers" in denominational
schools or for the giving of denominational teaching
in council schools, and consider them necessary.
Clause 9. In transferred Jewish schools (it is
apparently contemplated that there will be some
difference between the status of these and the schools
referred to in the preceding clauses) the teachers
are not to be so strictly appointed on account of
their religion (though it is assumed that some will
"ordinarily" be Jews), and in the case of teachers
284 The Religious Question in Education
being brought in from outside to complete the
number required, these are not to be paid for out
of public monies.
Clause 10 refers to provided schools. The
School Management Code of the London County
Council is referred to. This, whilst keeping to the
strict letter of the Cowper-Temple clause, provides
denominational instruction for Jewish children ; an
anomaly inherited from the old London School
Board. The Code was submitted in the first
instance for the approval of the Jewish authorities
and it is proposed to give these authorities the same
privilege in the future.
This well illustrates the difficulties of a local
education authority. They hesitate to overthrow
the undenominational theory by which they are
bound, by formally authorizing a special teach-
ing for the Jews, and yet in practice it is found
impossible to impose undenominationalism upon
them. The departure from the undenominational
syllabus is therefore tacitly admitted, and as Jewish
teachers are appointed (again tacitly, and without
any rule to this effect) to schools containing a
certain proportion of Jewish children the Jews are
satisfied. For a Jewish teacher will naturally ex-
plain the Old Testament denominationally. As
we have already pointed out, it is the teacher that
really matters in religious education, not catechisms
and syllabuses.
Clause 12. This postulates something in the
The Jewish Position 285
nature of a creed register (as otherwise the per-
centage of the Jewish children could not be
accurately ascertained), a reform insisted upon in
other schemes. A "test for managers" is an un-
usual proposal for provided schools. The scheme
does not say how these denominational managers
are to be appointed, but probably they would be
nominated by the central Jewish authorities of the
area, and not elected by the parents.
From this scheme the reader may gather the
difficulty of the educational problem. The Jews,
whilst accepting "popular control," could hardly be
content with less security for the faith of their
children. But Nonconformists who "passively
resist " the payment of their educational rates on
the ground that some of the money thus raised
will go to Christian teaching with which they are
out of sympathy, as the Anglican or the Roman,
will hardly withdraw their protest if so opposite a
teaching as the Jewish is, through these provisions,
on the rates. Again, as we have already said, it
is hardly conceivable that Christian bodies should
be refused privileges conferred by the legislature
on the Jews. Much, indeed, that we have said on
the Roman Catholic demands is equally applicable
to the Jewish.
APPENDIX I.
A MEMORANDUM ON THE LAW RELATING TO
RELIGIOUS EDUCATION.
PRELIMINARY.
EIGHTY years have not yet elapsed since the English Govern-
ment first took pai-t in the work of elementary education. The
Parliament of 1833 voted ^20,000 towards the erection of
school-houses. Prior to that vote, however, not a little had
been done by voluntary agencies to bring elementary education
within reach of the new population for which the old township
and charity schools of reformation and pre-reformation days
made no provision. This had been chiefly the work of the
Society for Promoting Christian Knowledge (founded in 1698),
the British and Foreign School Society (founded in 1808 under
the name of the Royal Lancasterian Institution), and the
National Society (founded in 181 1). The schools founded by or
with the help of these Societies were entirely voluntary. Each
was founded and maintained by monies voluntarily contributed
out of private purses : the State gave nothing. Not, as we have
seen, until 1833 did the State become a partner in the work.
At first it attempted to do no more than assist voluntary effort,
and, although (after the appointment of the Committee of
Council on Educationan 1839) it gradually assumed more and
more control over the education to which it contributed, its
policy (for thirty-seven years) was distinctively a policy of
assistance not a policy of provision,
287
288 Appendix I
I. THE EDUCATION ACT, 1870.
The year 1870, however, saw the commencement of a new
policy. The legislation of that year gave us
(1) Local authorities (at first called school boards) providing
and maintaining schools out of public monies,
(2) The conscience clause,
(3) The " Cowper-Temple " clause, and
(4) Public elementary schools of two kinds (a) those pro-
vided by the local authorities and (b) those otherwise
provided.
Because the changes then made were the commencement of
controversy, it is necessary to explain them at some length.
We will begin with the " Cowper-Temple " clause.
The "Cowper-Temple" Clause. Between 1833 and 1870
religious instruction was universally given in the schools vari-
ously assisted by the State. Not only was it given, but dur-
ing a considerable part if not the whole of that time it was
required to be given. In 1853 the Committee of Council ex-
pressly refused to make the grants " applicable to schools ex-
clusively secular," and in an official memorandum of 1856 we
find the elementary system of that day described as " a vast
denominational system, which fully established popular educa-
tion on a religious basis ". This universality of religious in-
struction was pre-supposed by the authors of the Act of 1870,
and nowhere in that Act is religious instruction prescribed. This
omission made (and still makes) it possible for a local authority
to abstain from providing religious instruction in its schools.
Although, however, the Act did not prescribe religious instruc-
tion, it contained an important clause regulating religious in-
struction. Section 14 (2) provides that " no religious catechism
or religious formulary which is distinctive of any particular
denomination" shall be taught in a school provided by a
local authority. This is the famous " Cowper-Temple " clause,
Appendix I 289
and from 1870 up to the present moment it has regulated the
religious instruction given in the schools which were at first
called " board schools " but are now called " council schools ".
Distinguished names may be cited in support of the opinion
that this clause means no more than it says that it excludes
denominational documents but not denominational doctrines?- If
this opinion were valid, it would follow that a local authority
might provide and maintain any form of denominational in-
struction in its own schools, provided only that it did not per-
mit any denominational catechism or formulary to be used in
*Mr. Gladstone ("Correspondence on Church and Religion," II, 127-
9; Morley's " Life," II, 306) ; Dr. Dale (" Life," p. 280).
" Whilst the Bill was under discussion in Parliament, the friends of
distinctive religious teaching were assured by those who, as they under-
stood, were speaking with authority that all that was aimed at by the
clause was the exclusion of the ipsissima verba of the Catechism, and that
the teachers in board schools would be at perfect liberty to instruct the
scholars under their care in all that the Catechism contained. This under-
standing of the clause received a strong confirmation in what was said
by Lord Salisbury at a meeting in Limehouse Town Hall on 21 March,
1895. He said : ' I remember the debates on that clause well, and those
who proposed it never professed to intend that it should do more than it
professed to do that is, to remove formularies from the teaching of the
board schools. They never intended that doctrines should be prevented
from being taught in those schools.' " (" Elementary Education," by Dean
Gregory, p. 129.)
The " Hansard" report of the speech delivered by Mr. Cowper-Temple
in the course of the famous debate on 30 June, 1870, contains the follow-
ing passage :
" The exclusion of catechisms and formularies left the opinions and
faith of the teacher untouched, and dealt only with lesson books which
bore upon their title page plain indications of their origin." (" Hansard's
Parliamentary Debates," Third Series, Vol. 202, 1276-7.)
Mr. Cowper-Temple spoke in opposition to an amendment, moved by
Mr. Jacob Bright, which aimed directly at the exclusion of denomina-
tional teaching.
" In any such school in which the Holy Scriptures shall be read and
taught, the teaching shall not be used or directed in favour of or
against the distinctive tenets of any religious denomination."
(" Hansard." Third Series, Vol. 202, 1271.)
19
290 Appendix I
the course of that instruction. It seems hardly credible, how-
ever, that Parliament, when it excluded documents, intended to
admit doctrines, and the administration of the Act has consis-
tently presupposed that Parliament intended to exclude both. 1
This presupposition has been confirmed by the Law Officers of
the Crown. 2
The Conscience Clause. "The Conscience Clause" is the
name generally given to certain " Regulations for Conduct
of Public Elementary School " which are prescribed by section
7 of the Act of 1870.
" (i) It shall not be required, as a condition of any child
being admitted into or continuing in the school, that he
shall attend or abstain from attending any Sunday school,
or any place of religious worship, or that he shall attend
any religious observance or any instruction in religious
subjects in the school or elsewhere, from which observ-
ance or instruction he may be withdrawn by his parent,
or that he shall, if withdrawn by his parent, attend the
school on any day exclusively set apart for religious
observance by the religious body to which his parent
belongs : 3
1 Cp., however, the evidence of Mr. Patrick Cumin, Secretary to the
Committee of Council on Education, given before the Royal Commission
appointed in 1886. " If a man being impressed with the importance of*
denominational view were to give a lecture upon the subject, I am not
aware that he would bring himself within the prohibition of the I4th
section." (Drury's " Manual of Education," p. 281.)
* " The Law of Public Education in England and Wales," G. Ed-
wardes Jones and J. C. G. Sykes, p. 207. (Edition 1903.)
3 By section 74 of the Act of 1870 school boards were empowered to
make By-Laws for the purpose of " determining the time during which
children are " to attend school.
The power thus given is limited by the following proviso:
"... No such by-law shall prevent the withdrawal of any child from
any religious observance or instruction in religious subjects, or
shall require any child to attend school on any day exclusively
Appendix I 291
" (2) The time or time during which any religious observance
is practised or instruction in religious subjects is given
at any meeting of the school shall be either at the be-
ginning or at the end or at the beginning and the end
of such meeting, 1 and shall be inserted in a lime-table
to be approved by the Education Department, and to
be kept permanently and conspicuously affixed in every
schoolroom ; and any scholar may be withdrawn by his
parent from such observance or instruction without for-
feiting any of the other benefits of the school."
It will be noticed that the power to withdraw given by sub-
section 2 merely permits a child to be withdrawn from some
observance or instruction : it does not exempt a child from at-
tendance at school while that observance is practised or that
instruction given.
Subsection i, however, unmistakably gives power to with-
draw a child from school but only on a day " exclusively set
apart for religious observance by the religious body to which
his parent belongs". How should these limiting words be
construed ? Do they denote a day wholly devoted to religious
observance ? It may be that Judaism has such days, but none
of the holy-days recognized by the Church of England or by
the Church of Rome are days of this character. The question
became important when the Board of Education issued Circular
512. In some parishes it had for long been the practice, and
in other parishes it had recently become a practice, to take
set apart for religious observance by the religious body to which
his parent belongs. . . ."
This proviso is now binding upon the local education authorities who
by virtue of Mr. Balfour's Act of 1902 have succeeded to the powers
and duties of the school boards.
1 On a day set apart for inspection of the religious teaching in a public
elementary school not provided by a local authority, " any religious ob-
servance may be practised, and any instruction in religious subjects given
at any time during the meeting of the school ". (Elementary Education
Act, 1870, section 76.)
19*
292 Appendix I
children from school to church on Ascension Day one of the
red-letter days ,of the Church of England. Circular 512 in
effect prohibited this. The reasons alleged for this prohibition
were not generally convincing, and the prohibition itself aroused
no small indignation among churchmen. It seemed difficult
or impossible to bring Circular 512 before the courts, but
many felt that the practice prohibited by the circular was suffi-
ciently protected by the conscience clause. At last the ques-
tion came before the courts. Certain parents were fined by
the Barnsley magistrates for " neglecting to send their children
to the Darfield Mixed School " on Ascension Day. The matter
was carried on appeal to the Divisional Court, and by a judg-
ment delivered on 10 April, 1907 (Bell v. Graham), the appeal
was allowed and the convictions were quashed. 1
Public Elementary School. Section 7 of the Act of 1870
created and defined a new category the category " public
elementary school ". Elsewhere, 2 by an argument which is
too long to reproduce and cannot conveniently be abridged, I
have shown and the demonstration is not affected by anything
that has happened since it was given that this category is
purely secular. A public elementary school does not and can-
not, as such, provide religious instruction. If religious instruc-
tion be provided in a school which is a public elementary
school, that provision contributes nothing to the status of the
school as a public elementary school. If no religious instruction
1 The effect of the judgment seems to be that all the days appointed
to be observed as holy-days by section i of 5 and 6 Edward VI, c. iii.
(" An Act for the Keeping Holidays and Fasting Days ") are days " exclus-
ively set apart for religious observance" within the meaning of the con-
science clause.
The days therein appointed to be so observed are " all Sundays in the
year " and twenty-seven other days.
The judgment has been published in a penny pamphlet by The Church
Schools Emergency League.
* In " The Maintenance of Denominational Teaching under the Educa-
tion Act, 1902". (George Allen & Sons.)
Appendix 1 293
be given in such a school, the absence of it does not impair
the status of the school as a public elementary school.
The Act of 1870 established what has since been known as
the "dual system". It gave us (as I have said) public ele-
mentary schools of two kinds :
" (a) those provided by the local authorities, and
" (b) those otherwise provided ".
Schools of the first kind were maintained out of the Parlia-
mentary grant and the rates. Schools of the second kind
received grants, but they did not receive anything from the
rates. Schools of the first kind were subject to " the Cowper-
Temple clause," and the religious instruction given in them
was undenominational ; schools of the second kind were ex-
empt from " the Cowper-Temple clause," and only in those
schools was denominational teaching permitted to be given.
Religious instruction was given in most schools, but, whereas
" Cowper-Temple teaching" was wholly supported out of public
monies, the denominational schools had " to make ends meet "
by voluntary subscriptions. The increasing demands, by the
authorities in Whitehall, for larger and better buildings, and
modern equipment, made it more and more difficult to raise
sufficient money to maintain denominational schools "effici-
ently," and complaints of the " intolerable strain " thus oc-
casioned were a principal cause of the passing of Mr. Balfour's
Education Act of 1902. l
II. THE EDUCATION ACT OF 1902.
Mr. Balfour's Education Act of 1902 made important changes
in the position of denominational schools, changes which
went far towards destroying the dual system except within the
sphere of religious instruction. The local authorities became
1 There is a well-informed account of the transition from the Act of
1870 to the Act of 1902 in Mr. Snead-Cox's " Life of Cardinal Vaughan,"
Vol. II. Cp. Drury's "Manual of Education," pp. 119, 120, 161.
294 Appendix I
responsible for the maintenance of all public elementary
schools whether provided by them or not and, although (to
safeguard denominational teaching) the schools not provided
by those authorities had specially constituted bodies of mana-
gers, the powers of those managers, outside certain denned mat-
ters connected with religious instruction, were hardly greater
than those possessed by the entirely subordinate managing
bodies of the provided schools. A strict construction of the
Act would warrant an assertion that, in non- provided schools,
the power of management still (in ordinary circumstances)
remains with the managers of those schools, but the provision
that the local education authorities are to have control of
expenditure, 1 and the obligation on the managers of each non-
provided school to carry out the directions of the local edu-
cation authorities " as to " secular instruction 2 and to make
whatever structural alterations and improvements are reasonably
required by that authority, 3 have made the local education
authorities effectively masters of the situation. Outside cer-
tain defined particulars, the managers of the non-provided schools
are scarcely less the servants of those authorities than are the
managers of the provided schools.
The "intolerable strain " was relieved by placing denomina-
tional schools "on the rates," and we may fairly say that, in
return for this relief, the denominational schools surrendered
most of the independence they had previously possessed. The
supremacy of the local education authorities was, however,
1 Of all expenditure, other than expenditure for which, under the Act,
provision is to be made by the managers. See section 7 (i).
2 Section 7 (i) (a). From the decision in the Marston case (Blencowe
v. Northamptonshire County Council, 1907, I Ch. 504-28, " The Times,"
2 and 14 Feb. 1907) it seems clear that the courts would not be disposed
to place a narrow construction upon those vague and crudely-chosen
words "as to ". But cp. the Garforth case (Wilford and others v. West
Riding of Yorkshire County Council) reported in "The Times," 30 Jan.
i and 3 Feb. 1908.
3 Section 7 (i) (d).
Appendix I 295
not unlimited. It stopped short (or was intended to stop short)
where denominational teaching began. The denominational
schools retained their denominational character, and this char-
acter was safeguarded (or was intended to be safeguarded) by
(i) Certain provisions regulating the appointment arid dis-
missal of teachers ; l
(a) The presence on each managing body of certain de-
nominational managers (foundation managers) ; 2
(3) A plain provision that the religious instruction given in
every such school should be under the control of the
managers. 8
I have said that the Act of 1902 placed denominational
schools " on the rates ". This change was brought about by the
opening words of section 7 :
"The local education authority shall maintain and keep
efficient all public elementary schools within their area
which are necessary. ..."
1 Section 7 (i) (c) and section 7 (7).
1 Sections 6 (2) and n.
3 Section 7 (6) :
" Religious instruction given in a public elementary school not provided
by the local education authority shall, as regards its character, be in ac-
cordance with the provisions (if any) of the trust deed relating thereto,
and shall be under the control of the managers : Provided that nothing
in this subsection shall affect any provision in a trust deed for reference
to the bishop or superior ecclesiastical or other denominational authority
so far as such provision gives to the bishop or authority the power of de-
ciding whether the character of the religious instruction is or is not in
accordance with the provisions of the trust deed."
This is the famous " Kenyon-Slaney clause ". It excludes denomina-
tional teaching from the control of the local authorities, but it destroyed
what was ordinarily called " the one man system," but should more ap-
propriately have been termed " the distinctively ecclesiastical system "
the system, namely, which placed the religious instruction in a church
school under the control of the parish priest. It has been said that this
clause was passed chiefly "through the influence" of the then Duke of
Devonshire. ("Lord Beaconsfield and other Tory Memories," T. E.
Kcbbel, pp. 119-20.)
296 Appendix I
These words were at once interpreted in a way which threw
upon the local education authorities the cost of maintaining the
religious teaching given in non-provided schools. To many of
us that interpretation seemed to go beyond the intention of the
Act. We deemed it incredible that a mandate to maintain and
keep efficient a public elementary school could create a duty
to maintain and keep efficient something which was outside the
functions (outside the statutory definition) of a public ele-
mentary school something which did not directly contribute
anything either to the distinctive character or the distinctive ef-
ficiency of a public elementary school. In my book, " The Main-
tenance of Denominational Teaching," I dealt with the question
at some length, and, after a wide survey and careful scrutiny of
the Education Acts, reached the conclusion which still seems
to me a valid inference that the Act of 1902 neither obliges nor
permits the local education authorities to maintain religious
teaching in non-provided schools. 1 The matter came before
the courts in the celebrated West Riding case. 2 The Divisional
Court sustained the accepted interpretation of the Act ; 3 the
Court of Appeal reversed that decision ; 4 the House of Lords
confirmed the finding of the Divisional Court. 5
At the present moment, then, " Cowper-Temple teaching "
and denominational teaching are both " on the rates ". There
remains, however, this difference : the buildings in which
" Cowper-Temple teaching " is given are provided and main-
tained by the local authorities out of public monies ; the build-
ings in which denominational teaching is given have been
provided chiefly and are now provided and maintained entirely
by voluntary gifts and subscriptions. The " intolerable strain "
1 Cp. Mr. Balfour's short but striking speeches on Mr. Alfred Button's
Amendment. " Hansard's Parliamentary Debates," 4th Series, Vol. CXIII,
pp. 187-90.
8 Attorney-General and Board of Education and County Council of the
West Riding of Yorkshire, ex parte Grenside.
3 " The Times," 30 May, 1906. 4 " The Times," 9 August, 1906.
8 (1907) A. C. 29-44. " The Times," 15 December, 1906.
Appendix I 297
has been relieved, but the two parts of the dual system are
not equally supported out of public monies. The school build-
ings of the " voluntary " or " non-provided " part of the system
buildings which represent many millions of private money
are used by the local education authorities free of charge, and
the cost of repairs, enlargements, alterations, and improvements
has to be defrayed out of private pockets.
Probably the position of the non-provided schools would
be more secure if the financial responsibilities left with the
managers of those schools had been otherwise defined. It was
chiefly the cost of " alterations and improvements " that oc-
casioned the "strain" that was found "intolerable" before
1902. That cost has still to be defrayed out of private pockets,
and it has not ceased to be destructively onerous.
The unwillingness of certain local authorities to discharge
the statutory obligations towards non-provided schools led to the
passing of the Defaulting Authorities Act (4 Edw. VII, c. 18),
but that Act has not yet been enforced.
New Schools. By section 18 of the Elementary Education
Act, 1870, school boards were required to provide such addi-
tional school accommodation as was in their opinion necessary
in order to supply a sufficient amount of such accommodation
for their district. 1
There was nothing in that section to prohibit or prevent the
supply of additional school accommodation by voluntary effort,
and we know that a very large amount of such accommodation
has been so provided since 1870. An opinion arose, however,
that the statutory duty of the school boards to provide addi-
tional school accommodation gave to those boards a prior right
to provide such accommodation, 2 and this opinion not in-
1 The Education Act of 1902 (3rd schedule, 6) substitutes " in the opinion
of the Board of Education " for " in their opinion ".
2 See "The Law of Public Education" (Edwardes Jones and Sykes),
p. 72. (Edition 1903.) Cp. Mr. Patrick Cumin's evidence before the Royal
Commission of 1886 ; Drury's " Manual of Education," p. 306.
298 Appendix I
frequently hampered the promoters of denominational schools.
Clearly, so long as this opinion ruled, the " Cowper-Temple
system " of the local authorities (school boards) had larger
opportunity for extension than " the denominational system ".
Section 8 of the Act of 1902 is a not ineffectual attempt to secure
equality of opportunity. 1
III. THE EXTENSION OF UNDENOMI-
NATIONALISM.
By The Technical Instruction Act of 1889 local authorities
were empowered "to supply or aid the supply of technical
or manual instruction ". Among the conditions prescribed by
the Act were the following :
" () It shall not be required, as a condition of any scholar
being admitted into or continuing in any school aided
out of the local rate, and receiving technical or manual
instruction under this Act, that he shall attend at or
abstain from attending any Sunday school or any place
of religious worship, or that he shall attend any re-
ligious observance or any instruction in religious sub-
jects in the school or elsewhere : Provided that in
any school, the erection of which has been aided under
1 " 8. (i) Where the local education authority or any other persons pro-
pose to provide a new public elementary school, they shall give public
notice of their intention to do so, and the managers of any existing
school, or the local education authority (where they are not themselves
the persons proposing to provide the school), or any ten rate-payers in
the area for which it is proposed to provide the school, may, within three
months after the notice is given, appeal to the Board of Education on the
ground that the proposed school is not required, or that a school provided
by the local education authority, or not so provided, as the case may be,
is better suited to meet the wants of the district than the school proposed
to be provided, and any school built in contravention of the decision of
the Board of Education on such appeal shall be treated as unnecessary."
Section 9 directs the Board of Education, when determining " whether
a school is necessary or not," to " have regard to the wishes of parents as
to the education of their children ".
Appendix I 299
this Act, it shall not be required, as a condition of any
scholar being admitted into or continuing in such
school, that he shall attend at or abstain from attend-
ing any Sunday school or any place of religious worship,
or that he shall attend any religious observance or any
instruction in religious subjects in the school or else-
where ;
" (c) No religious catechism or religious formulary, which is
distinctive of any religious denomination, shall be
taught in any school aided out of the local rate, to a
scholar attending only for the purposes of technical or
manual instruction under this Act, and the times for
prayer or religious worship, or for any lesson or series
of lessons on a religious subject, shall be conveniently
arranged for the purpose of allowing the withdrawal of
such scholar therefrom."
This Act was repealed by the Education Act, 1902, and the
London Education Act, 1903. Section 2 of the first-men-
tioned Act gives local authorities power " to supply or aid the
supply of education other than elementary," and section 4
makes the exercise of that power subject to the following con-
ditions :
"(i) A council, in the application of money under this Part
of this Act, shall not require that any particular form
of religious instruction or worship or any religious cate-
chism or formulary which is distinctive of any particular
denomination shall or shall not be taught, used, or
practised in any school, college, or hostel aided but not
provided by the council, and no pupil shall, on the
ground of religious belief, be excluded from or placed
in an inferior position in any school, college, or hostel
provided by the council, and no catechism or formulary
distinctive of any particular religious denomination shall
be taught in any school, college, or hostel so provided,
except in cases where the council, at the request of parents
3OO Appendix I
of scholars, at such times and under such conditions as
the council think desirable, allow any religious instruction
to be given in the school, college, or hostel, otherwise than
at the cost of the council : Provided that in the exercise
of this power no unfair preference shall be shown to any
religious denomination.
" (2) In a school or college receiving a grant from, or main-
tained by, a council under this Part of this Act,
" (a) A scholar attending as a day or evening scholar
shall not be required, as a condition of being
admitted into or remaining in the school or
college, to attend or abstain from attending
any Sunday-school, place of religious worship,
religious observance, or instruction in religi-
ous subjects in the school or college or else-
where ; and
" (<) The time for religious worship or for any lesson
on a religious subject shall be conveniently
arranged for the purpose of allowing the with-
drawal of any such scholar therefrom."
This enactment virtually extends the conscience clause and
the Cowper-Temple clause from elementary education to
"education other than elementary," but the words in italics
constitute an exception which our discussions have made im-
portant. These words are virtually a statutory recognition
the first within the Education Acts of the much -debated
principle of " facilities ".
THE ENDOWED SCHOOLS ACTS.
Turn now to the Endowed Schools Acts.
Prior to the passing of these Acts the claims of Dissenters " to
enjoy the educational privileges afforded by grammar schools,"
often came before the Court of Chancery. The decisions, we
are told, " varied a good deal," 1 but the Court seemed not in-
1 Phillimore's "Ecclesiastical Law," Vol. II, p. 2048, edition 1873.
Appendix I 301
disposed to regard the claims of Dissenters benevolently at
least, where there was usage in their favour, and the trusts did
not expressly confine the benefits of a school to members of
the Church of England. 1 It was held, also, that the Lord
Chancellor, as visitor on behalf of the Crown, could "grant
greater facilities for the exemption of children of Dissenters
from particular branches of religious teaching than the Court ". 2
The old law relating to grammar schools has, however, been
made practically obsolete by the legislation of the last half-
century. 8
Section i of the Endowed Schools Act, 1860, imposed upon
" the trustees or governors of every Endowed School " a condi-
tional obligation to admit " to the benefits of the school the
children of parents not in communion with the church, sect, or
denomination " with which the school was connected by its
trusts. Sections 15 and 16 of the Act of 1869 contain elabor-
ate conscience clauses for day schools and boarding schools.
By section 19 certain schools and endowments are excepted
from the provisions of sections 1 5 and 1 6, 4 but the exception
does not extend to " the provisions for the exemption of day
1 " The Law of Charities and Mortmain, being the Fourth Edition of
Tudor's Charitable Trusts," p. 637.
2 Ibid. p. 638.
3 " The Endowed Schools Acts introduced a new principle in regard to
provisions for religious instruction which was virtually the converse of the
old principle of the Court of Chancery."
" General Introduction to the Return (H.C. 178 ; 1906) made in com-
pliance with an Order of the House of Commons, dated 23 February,
1906," p. 45, section 87.
4 ' ' 19. A scheme relating to
" (i) any school which is maintained out of the endowment of any
cathedral or collegiate church, or forms part of the founda-
tion of any cathedral or collegiate church ; or
"(2) any educational endowment the scholars of which are ... re-
quired by the express terms of the instrument of foundation or
the statutes or regulations made by the founder or under his
authority, in his lifetime or within fifty years after his death
(which terms have been observed down to the commencement
of this Act) to learn or to be instructed according to the
302 Appendix I
scholars from attending prayer or religious worship, or lessons
on a religious subject, when such exemption has been claimed
on their behalf ".
" The most frequent provision for religious instruction occur-
ring in schemes made under the Endowed Schools Acts for
foundations not falling within section 19 of the Endowed
Schools Act, 1869, is that religious instruction in accordance
with the principles of the Christian Faith shall be given under
regulations to be framed from time to time by the governors,
with the additional provision, after 1875, that no alteration in
such regulations should take effect until the expiration of not
less than one year after notice of the alteration had been given.
The insertion of this provision was required by section 1 1 of
the Endowed Schools Act, 1873. " J
In schemes established before 1870 a clause frequently
occurs requiring the children to attend the school on Sundays,
and also to attend divine service in the parish church, at least
once on every Sunday. After 1860 this requirement was
qualified (in the majority of cases) by a conscience clause. " A
provision for attendance at church is extremely rare in the case
of schemes established after i87o."' 2
THE WELSH INTERMEDIATE EDUCATION ACT,
1889.
Section 4 of the Welsh Intermediate Education Act, 1889,
combines the Endowed Schools conscience clause with a
" Co wper- Temple " provision.
doctrines or formularies of any particular church, sect, or
denomination
is excepted from the foregoing provisions. ..."
It seems clear that the Court would construe these excepting words
very strictly. (" The Law of Public Education." Edwardes Jones and
Sykes, p. 422, edition 1903. "The Law of Charities and Mortmain,"
1906, pp. 702-3.)
1 "General Introduction to the Return (H.C. 178 ; 1906) made in com-
pliance with an Order of the House of Commons, dated 23 February, 1906,"
p. 46, section 88.
2 Ibid. pp. 46-7, section 91,
Appendix I 303
" (3) Where a scheme under this Act does not relate to a
school maintained out of the endowment, or forming
part of the foundation, of any cathedral or collegiate
church, or where a scheme under this Act does not
relate to any other educational endowment which by
section 19 of the Endowed Schools Act, 1869, is ex-
cepted from the foregoing provisions of that Act
therein mentioned, such scheme shall, in addition to
the provisions of section 15 of the said Act, provide
that no religious catechism or religious formulary which
is distinctive of any particular denomination shall be
taught to a scholar attending as a day scholar at the
school established or regulated by the scheme, and
that the times for prayer or religious worship or for
any lesson or series of lessons on a religious subject
shall be conveniently arranged for the purpose of al-
lowing the withdrawal of a day scholar therefrom in
accordance with the said section 15."
REGULATIONS FOR SECONDARY SCHOOLS.
The payment of grants to secondary schools is governed
by Regulations issued from time to time by the Board of Edu-
cation.
The regulations issued in the year 1909 l contain the follow-
ing provisions :
" 5. (a) No catechism or formulary distinctive of any parti-
cular religious denomination may be taught in the
school except as provided by this article.
" () If the instrument under which the school is governed
requires, or does not prohibit, the giving in the school
of religious instruction distinctive of any particular
denomination, the governing body may provide such
1 " Regulations for Secondary Schools (in force from i August, 1909) in
England, excluding Wales and Monmouthshire," 1909, Cd. 4691.
304 Appendix I
instruction for any pupil upon the written request of
the parent or guardian of the pupil. A record must
be kept of all such requests.
" (c) In a school where such instruction is given, regulations
must be made by the governing body such as will
secure observance of provisions (a), (&), and (c) of this
article to the satisfaction of the Board, and a copy
of such regulations must be given to the parent or
guardian of every pupil.
" (d) Such instruction, if given, must be provided from
funds other than grants made by the Board of Educa-
tion or any local authority.
"23. The instrument under which the school is governed
(whether in the form of a trust-deed, scheme,
charter, Act of Parliament, statutes, regulations, or
minutes) :
"(a) must not require any members of the teaching
staff to belong, or not to belong, to any par-
ticular denomination ;
" (b) must not require a majority of the governing
body (whether in virtue of their tenure of any
other office or otherwise) to belong, or not to
belong, to any particular religious denomination ;
" (c) must not provide for the appointment of a
majority of the governing body by any
person or persons who, or by any body the
majority of whom, are required (whether in
virtue of their tenure of any office or other-
wise) to belong, or not to belong, to any par-
ticular denomination."
TRAINING COLLEGES.
"The Regulations for 1907 embody important changes of
two kinds which are designed to secure that candidates shall
Appendix I 305
not in future be debarred from access to training colleges by
denominational restrictions.
" In the first place, it is provided that admission to all training
colleges and hostels shall in and after 1908 be regulated by
certain provisions which are set out in detail in section 8 of the
Regulations. . . .
"In the second place, it is provided that after i August,
1907, no institution not already recognized as a training college
will be so recognized unless it complies with certain conditions
as to freedom from denominational restrictions or requirements
which are set out in sections 7 (g) and 7 (K), and that after the
same date no institution not already recognized as a hostel will
be so recognized unless it both complies with these conditions
and is also connected with a training college which complies
with these conditions." l
Section ^ (g, K). " (g) After i August, 1907, no institu-
tion not already recognized as a training college or
hostel will be so recognized unless it is either provided
by a local education authority or is conducted by a
body of governors acting under and in accordance with
a scheme, or other written instrument or body of
regulations, approved by the Board. The instrument
under which a training college or hostel is governed
" (i) must not require any members of the teaching
staff to belong or not to belong to any particu-
lar religious denomination ;
" (ii) must not require a majority of the governing
body (whether in virtue of their tenure of any
other office or otherwise) to belong or not to
belong to any particular religious denomination ;
"(iii) must not provide for the appointment of a
majority of the governing body by any person
1 Regulations for the Training of Teachers and for the Examination of
Students in Training Colleges," 1907, Cd. 3597, page v.
2O
306 Appendix I
or persons who, or by any body the majority of
whom, are required (whether in virtue of their
tenure of any other office or otherwise) to be-
long, or not to belong, to any particular religious
denomination.
"(/*) After i August, 1907, no institution not already re-
cognized as a training college or hostel will be so re-
cognized unless the following conditions are observed :
" (i) No catechism or formulary distinctive of any
particular religious denomination may be taught
in the college or hostel, except in cases where
the parent or guardian of any student requests
the governors in writing to provide for the
student religious instruction in the doctrines,
catechism, or formularies distinctive of any
particular denomination. In such cases, the
governors may, if they think fit, and if the
instrument under which the college or hostel
is governed requires or does not prohibit the
giving of such instruction in the college or hos-
tel, comply with such request and provide such
instruction accordingly out of funds other than
grants made by the Board of Education or any
local authority;
"(ii) In colleges or hostels where such instruction
is given the governors must make regulations
as soon as practicable to secure observance
of the provisions of this section. A copy of
such regulations must be given to the parent
or guardian of each student.
" (iii) Records must be kept of all requests made
to the governors in respect of religious in-
struction under (i) of this section."
Section 8. " (d) In no circumstances may the application
of a candidate be rejected on the ground of religious
Appendix I 307
faith or by reason of his refusal to undertake to attend
or abstain from attending any place of religious observ-
ance, or instruction in religious subjects in the college
or elsewhere; nor on the ground of social antece-
dents or the like."
Under sections 2 and 22 (3) of the Education Act, 1902,
certain of the local education authorities have provided and
maintain training colleges, and in conformity with section 4
(i) of that Act 1 entrance to those colleges is not restricted
by any denominational "test ". Section 4 (i) makes religious
training in those colleges undenominational. 2 It does not,
however, make religious training compulsory, and we know that
in some cases no religious training was provided.
In the year 1909 the Board of Education called attention
to this, and virtually required the defect to be remedied. I
quote two sentences and one article from the Training College
Code issued on ist July of that year.
The sentences are from the Prefatory Memorandum :
"It is true that it does not form part of the duties imposed
on the Board by Parliament to lay down any require-
ments as to the giving of religious instruction in
elementary schools. But the Board must recognize
that religious instruction of one kind or another is at
present actually given in by far the greater number of
public elementary schools, whether provided by local
education authorities or not, and they believe that
local education authorities in general will concur with
them in thinking it desirable to make provision
for the training of students for this side of their
work."
The Article is that numbered 56 :
1 See p. 299 of this Memorandum.
* By virtually bringing it within " the Cowper-Temple clause ".
20*
308 Appendix I
11 56. (a) Such colleges as do not already provide for the
training of students in the giving of religious instruction
(whether distinctive of any particular denomination or
not) shall provide a course of training which shall pre-
pare students to give such l instruction in and explana-
tions of the Bible as are suited to the capacities of
children.
" (b) Attendance at religious instruction or training in re-
ligious teaching will not be one of the conditions re-
quired to enable a student to qualify for recognition by
the Board as certificated teacher, but any student who
has attended a course of religious instruction or training
in religious teaching will be entitled to a statement
certifying the fact of his attendance.
" (c) In the case of colleges to which Article 56 (a) applies,
the Board will require to be satisfied that adequate time
is provided in the time-table of the college for a course
of training in accordance with that article, and the
Board's inspector in reporting to the Board as to
whether the students receive due instruction in the art
of teaching will take into account the provision made
for their training in the work of giving religious instruc-
tion in accordance with Article 56 (a)."
The State, then, not content with providing and maintain-
ing " Cowper-Templeism " in the schools undertook to train
up teachers to be " Cowper-Temple " teachers. Did not this
amount to an effective " establishment " of undenomination-
alism ?
Those Regulations mark the farthest extension of the prin-
ciple of State-undenominationalism, but (in deference to adverse
criticisms in the House of Commons) they were speedily with-
drawn.
1 The Prefatory Memorandum inserts "undenominational" before
" instruction ".
Appendix I 309
IV. REFORMATORY AND INDUSTRIAL SCHOOLS.
Thus far we have seen an increasing tendency to make
" Cowper-Templeism " the established religion of the State
within the sphere of education.
In reformatory and industrial schools, however, 1 the State
has frankly accepted denominationalism denominationalism
supported by "parents' rights ". 2
(i) The Reformatory Schools Act, 1866:
"14. In choosing a certified reformatory school, the
Court . . . shall endeavour to ascertain the religious
persuasion to which the youthful offender belongs, and,
so far as is possible, a selection shall be made of a school
conducted in accordance with the religious persuasion
to which the youthful offender appears to the Court . . .
to belong. . . .
" 1 6. The parent ... of any youthful offender sent or
about to be sent to a certified reformatory school
which is not conducted in accordance with the religious
persuasion to which the offender belongs, may apply
to the Court ... to send or remove such offender
to a certified reformatory school conducted in ac-
J And not only in these. See the Elementary Education (Deaf and
Dumb Children) Act ot 1893, and the Elementary Education (Defective
and Epileptic Children) Act of 1899. In a footnote on pp. 310-311 I have
quoted from those Acts the sections which relate to religious instruction.
3 " Reformatories and industrial schools are not necessarily, or even
generally, denominational schools, but Parliament has recognized the
justice of exclusive resort to denominational schools in all cases where
parents desire it for their children, who are compulsorily separated from
their homes for a term of years" ("Report of the Departmental Com-
mittee on Reformatories and Industrial Schools" (30 Oct. 1896), p. 130).
The quotations from the Statutes will show that this paragraph is an
under-statement. In our reformatories and industrial schools, denomina-
tionalism does not depend exclusively or chiefly on expressed " parental
desire ". The State has defined and accepted for itself a primary obliga-
tion to ascertain " the religious persuasion ",
3io Appendix I
cordance with the offender's religious persuasion, and
the Court . . . shall, upon proof of such offender's
religious persuasion, comply with the request of the
applicant. ..."
Similar provisions are to be found in The Industrial
Schools Act, 1866.
(2) Both the Reformatory Schools Act of 1866 and the In-
dustrial Schools Act of the same year permit pastoral visitation.
Reformatory Schools Act. " It shall be lawful, upon the
representation of the parent ... of any offender de-
tained in any such school, for a minister of the
religious persuasion of such offender, at certain fixed
hours of the day, which shall be fixed by the Secretary
of State for the purpose, to visit such school for the
purpose of affording religious assistance to such offender,
and also for the purpose of instructing such offender
in the principles of his religion." J
Industrial Schools Act. " 25. A minister of the religious
persuasion specified in the order of detention as that
to which the child appears to the justices or magistrate
to belong may visit the child at the school on such
days and at such times as are from time to time fixed
by regulations made by the Secretary of State for the
purpose of instructing him in religion." 2
1 This forms part of section 14.
2 In the Elementary Education (Blind and Deaf Children) Act, 1893,
we find the following " Provisions as to Religious Instruction " :
"8. (i) If and so far as the school which a child is required in pursuance
of this Act to attend is not a public elementary school, it must, in
all matters relating to the religious instruction and observances
of the child, be conducted in accordance with the rules applying
to industrial schools, except that references in the Industrial
Schools Act, 1866, and the rules made under it to the Secretary
of State shall be construed as references to the Education Depart-
ment ; and any school authority may provide and maintain for the
purposes of this Act a school so conducted,
Appendix I 311
(3) The General Rules and Regulations for Industrial
Schools * :
"4. Each day shall be begun and ended with simple family
worship, consisting of prayer and praise to God, and
the reading of Scripture. The religious instruction
shall be governed by the following rule :
"The ordinary religious instruction and observances shall
consist of prayers and hymns and reading from the
Bible, with such explanations and instructions in the
principles of religion and morality as are suited to the
capacity of children; and in the selection of such
prayers and hymns, and in explanations and instruc-
tions from the Bible, no attempt shall be made to
" (2) Every rule made under this section shall be forthwith laid before
both Houses of Parliament.
" (3) In selecting a school under this Act the school authority shall
be guided by the rules laid down in the Industrial Schools Act,
1866, and if a child is boarded out in pursuance of this Act, the
school authority shall, if possible, arrange for the boarding out
being with a person belonging to the religious persuasion of the
child's parent.
" (4) Where a child is required in pursuance of this Act to attend any
school, the child shall not be compelled to receive religious in-
struction contrary to the wishes of the parent, and shall, so far
as practicable, have facilities for receiving religious instruction
and attending religious services conducted in accordance with the
parents' persuasion, which shall be duly registered on the child's
admission to the school."
These provisions are adopted and applied to another class of schools
by section 12 of the Elementary Education (Defective and Epileptic Chil-
dren) Act, 1899 :
" 12. The provisions regulating religious instruction in certified schools
for defective and epileptic children shall be the same as those
enacted by section 8 of the Elementary Education (Blind and
Deaf Children) Act, 1893."
1 " These rules are not in themselves operative ; but they are model
rules which indicate what is necessary to managers who prepare a code of
rules for their school and submit it to the Secretary of State for his ap-
proval " (" Report of the Departmental Committee on Reformatories and
Industrial Schools," p. 197).
312 Appendix I
attach children to, or to detach them from, any parti-
cular denomination.
"No child should be required to attend any religious
instruction or observance, or should be taught the
catechism or tenets of any religion to which his
parents or guardians object, or other than that to
which he is stated in the order of detention to belong.
With regard to children who are specified in the order
of detention as belonging to any particular religious
persuasion, the managers shall, so far as practicable,
make arrangements that such children shall, during the
times set apart for religious instruction, attend religious
instruction or observances conducted by ministers of
such persuasions or by such responsible teachers of
the school or other persons as are delegated by such
ministers with the approval of the managers.
" On Sunday the inmates shall, if possible, attend public
worship at some convenient church or chapel, pro-
vided that no boy or girl shall be taken to any church
or chapel to which his parents or guardians object on the
ground that its religious services are not in accordance
with the religious persuasion of the child or with that to
which he is stated in the order of detention to belong."
This rule is repeated in the Rules and Regulations for the
establishment of a certified truant industrial school. 1 There
is a similar but shorter rule in the Rules and Regulations for
Reformatory Schools. 2
V. THE CHARITABLE TRUSTS ACTS.
Most non-provided schools are charities and are subject to
the Charitable Trusts Acts. The primary administration of
1 " Report of the Departmental Committee on Reformatories and
Industrial Schools," Appendix IV, p. 197.
'Ibid, Appendix IV, p. 193.
Appendix I 313
ihose Acts formerly rested solely or chiefly with the Charity
Commissioners, but, by Orders in Council made under the
Board of Education Act of 1 899, l the jurisdiction over endow-
ments which are solely educational was transferred from the
Charity Commissioners to the Board of Education. 2
To give a comprehensive survey of the law relating to chari-
table trusts would carry us far beyond the scope of this Memor-
andum : for my present purpose it is not necessary to do more
than deal very briefly with a few points that seem important.
(1) The first Charitable Trusts Act (1853) contains the fol-
lowing provision :
"46. Nothing herein contained shall diminish or detract
from any right or privilege which by any rule or
practice of the Court of Chancery, or by the construc-
tion of law, now subsists for the preference or exclusive
or special benefit of the Church of England, or the
members of the same Church, in settling any scheme
for the regulation of any charity, or in the appointment
or removal of trustees, or generally in the application
or management of any charity."
"Tudor" comments thus :
" This section would prevent persons not members of the
Church of England from being appointed trustees of a
Church of England School : re Burnham National
Schools (1873), 17 Eq. 247; but see Newsome v.
Flowers (1861), 30 B. 461. " 3
(2) There is a limited power of appeal from orders made
under the Charitable Trusts Acts to the Chancery Division of
1 These Orders may be found in " The Law of Public Education "
(Edwardes Jones and Sykes), pp. 396, 399, 401, edition 1903.
'See footnote 1 , p. 314.
' " The Law of Charities and Mortmain, being the Fourth Edition of
Tudor'g Charitable Trusts," p. 547,
314 Appendix I
the High Court (see The Charitable Trusts Act, 1860, section
8, and The Charitable Trusts Act, 1869, section 10).
Owing to the existence of this power of appeal, those Acts
do not empower either the Charity Commissioners or the Board
of Education to deal arbitrarily with charitable trusts, for this
power, limited though it be, suffices to subordinate their work
under those Acts to that authoritative conception which is de-
scribed sometimes as " the doctrine " and sometimes as " the
principle " of cy pres}-
Boyle tells us that this conception is " derived exclusively "
from the Justinian Code. 2
Lord Chief Justice Wilmot (1709-92) is more precise : he
refers us to the sections De Usu et Usufruct. Legatorum (Dig.
Lib. 33, tit. 2, sections 16, i;) 3 :
"xvi. Modestinus libra IX. Responsorum. Legatum civitate
rdictum est, ut ex reditibus quotannis in ea civitate mem-
orice conservandtt defuncti gratia spectaculum celebretur,
quod illic celebrari non licet. Qu&ro : quid de legato
existimes ? Modestinus respondit : cum testator spec-
taculum edi voluerit in civitate, sed tale, quod ibi
1 This subordination is inferred also from section 2 of the Charitable
Trusts Act, 1860. It should be remembered, however, that the powers of
the Board of Education in charity matters are not confined to those trans-
ferred to it from the Charity Commissioners. Under section 75 of the
Elementary Education Act, 1870, the Board has (in certain cases) a power
which is additional to, and independent of, those transferred powers. The
power conferred by that section does not seem to be in any way connected
with the Court of Chancery: one may reasonably suppose, therefore, that
the Board's exercise of that power is not limited by the doctrine of cy pres.
It is said, too, that section 78 of that Act (1870) now gives the Board
an independent initiative in framing schemes (" The Law of Public Edu-
cation," Edwardes Jones and Sykes, p. 251, edition 1903 ; " The Law of
Charities and Mortmain, being the Fourth Edition of Tudor's Charitable
Trusts," p. 752).
9 " A Practical Treatise on the Law of Charities," Wm. R. A. Boyle
(1837), preface.
8 Wilmot's" Notes of Opinions and Judgments Delivered in Different
Courts" (1804), pp. 53,54-
Appendix I 315
celebrari non licet, iniquum esse, hanc quantitatem,
quam in spectaculum defunctus destinaverit, lucro here-
dum cedere : igitur adhibitis heredibus et primoribus
civitatis dispiciendum est, in quam rem converti de-
beat fidei commissum, ut memoria testatoris alio et
licito genere celebretur.
" xvii. Sccfvola libro III. Responsorum. Quidam prsedia
rei publicae legavit, de quorum reditu quotannis ludos
edi voluit, et adiecit : qua legato. peto decuriones et rogo,
ne in aliam speriem aut altos usus convertere velitis ;
respublica per quadrennium continuum ludos non
edidit. Quaere : an reditus, quos quadrennio respublica
percipit, heredibus restituere debeat, vel compensare
in aliam speciem legati ex eodem testamento ? Res-
pondit et invitis heredibus possessione adprehensa
perceptos fructus restituendos esse, et non erogatum
secundum defuncti voluntatem in alia quae deberentur
compensari." 1
In the " Encyclopaedia of the Laws of England " the " cypres
doctrine " is described as the " principle of applying property as
nearly as possible according to the donor's intentions, when
1 This quotation is from Beck's edition of the " Corpus Juris Civilis "
(p. 442). In Mommsen's edition, see Vol. I, p. 461.
In his interesting book," Liberte' de Conscience et Liberte" de Science,"
Signor Luzzatti, Professor at the University of Rome, gives a short ac-
count of the recent Scottish Churches case and of the decision of the
House of Lord therein. Upon that decision he comments as follows :
" D'apres cette Strange interpretation, un legs d'un ancien testateur
remain pour un autel ardent en faveur de Jupiter n'aurait pu
s'e"teindre ni etre detourne" a d'autres usages ; par hommage a la
volonte" des testateurs, elle aurait du encore durer apres la fin du
paganisme ! " (p. 259).
One hardly knows what to say about this. It is difficult to believe
either
(1) that Signor Luzzatti is unaware of the Justinian articles and the
doctrine of cy pres, or
(2) that he supposes the House of Lords to have ignored or set aside
that doctrine.
3i 6 Appendix I
those intentions cannot be exactly carried out ". l There is more
than this to be said concerning it, but a few authoritative quota-
tions will be a convenient substitute for much discussion.
" The King as parens patrice has a general superintendence
of all charities, which he exercises by the Lord Chan-
cellor." 2 " As parens patrice he affords a peculiar pro-
tection to several classes of persons or objects who are
incapacitated from adequately protecting themselves." 3
" By the constitution of the laws of England the King has
an original right, pro bono publico, to superintend the
care and management of charities, . . . and that right
is exercised by the King in his High Court of Chancery,
forming in fact part of its original jurisdiction." 4
" In the exercise of its nobile officium it" the Court "in
certain cases, where the precise mode of carrying out
the testator's purposes becomes impracticable, fulfils
them in some other mode as nearly akin as possible
cy pres, in the terminology of the English law." 5
" To the general maxims of construction applicable to wills,
viz. Benigne fadendce sunt interpretationes et verba in-
tentioni debent inservire, the doctrine of cy pres is at
once referable. According to this doctrine, which pro-
ceeds upon the principle of carrying into effect as far
and as nearly as possible the intention of the testator,
if there be a general and also a particular intention
apparent in the will, and the particular intention can-
not take effect, the words shall be so construed as to
1 " Encyclopaedia of the Laws of England" (Renton and Robertson),
Vol. II, p. 686 (and edition).
"'The Law Dictionary," Giles Jacob (new edition by T. E. Tomlins,
1797), Vol. I, article " Charitable Uses ".
*" A Practical Treatise on the Law of Charities," by W. R. A. Boyle,
(1837), p. 12.
Ibid.
1 " Principles of the Laws of Scotland," John Ertkine (iQth edition, by
John Rankine, 1895), p. 309,
Appendix I 317
give effect to the general intention. . . . Where a
bequest is made for charitable purposes, with which a
literal compliance becomes inexpedient or impractic-
able ... a Court of Equity will apply the doctrine of
cy pres> and will endeavour substantially and as nearly
as possible to carry into effect the intention of the
testator." l
"It is a rule with respect to all charities that the in-
tention of the donor, so far as it is practicable and
legal, shall be strictly observed. . . . But where it is
incapable of being literally acted upon, or its literal
performance would be unreasonable, a decree will be
made for its execution cy prls, that is, in some method
conformable to the general object, and adhering as
closely as possible to the specific design of the
donor." 2
"... the Court will not decree the execution of the trust
of a charity in a manner different from that intended,
except in so far as they see that the intention cannot
be executed literally, but another mode may be adopted
consistent with the donor's general intention so as to
execute it, though not in mode yet in substance." 3
"The end towards which the charitable trusts were
originally directed should be kept in view, but the
means for attaining that end may be varied from time
to time.
" You look to the charity which is intended to be created,
1 " Selection of Legal Maxims Classified and Illustrated," Herbert
Broom (4th edition, 1864), p. 545.
9 Mr. Sergeant Stephen's " New Commentaries on the Laws of Eng-
land " (6th edition, 1868), Vol. Ill, pp. 199, 200.
3 The Master of the Rolls in Attorney-General v. Boultbee (n July,
1794), 2 Vesey Jr. 387-8. ' The Law of Charitable Uses as laid down and
Digested by George Duke, Esq., in 1676" (Bridgman's edition, 1805), p.
547 ; " Commentaries on Equity Jurisprudence," Hon. Mr. Justice Story,
LL.D. (ist English edition by W. E. Gfigsby, 1884), section 1176.
3i 8 Appendix I
and you distinguish between it and the means which are
directed for its accomplishment. Now the means
necessarily vary from age to age." l
"The duties of the Court in matters of charity are perfectly
clear and distinct. It is not its duty to direct charity
property to be employed in such manner as it thinks
will be most beneficial for public purposes, but to carry
into effect the intentions expressed by the founders, so
far as those intentions are not inconsistent with any
existing law. The authorities show this very distinctly,
that the Court cannot vary and modify existing charity
trusts so as to meet its own views with regard to what
it may think most beneficial and for the general ad-
vantage of the public ; . . . but this Court will see that
the trusts are properly administered, and that the
directions and intentions of the founder are duly carried
into effect." 2
NOTE. In " The Law of Charities and Mortmain " there is
a section entitled " Statutory Cy Pres Application ". 3 In this
section the editors enumerate several cases in which Parliament
has sanctioned the appropriation of charitable endowments to
purposes not closely akin to those defined by the original trusts
of those endowments, and they unmistakably think that Parlia-
ment has thereby widened the conception of cy pres. Similarly,
1 Lord Westbury in deplume v. Lord Provost of Edinburgh (1869),
i H.L. Sc. 417, 421 (" The Law of Charities and Mortmain, being the
Fourth Edition of Tudor's Charitable Trusts," p. 202).
2 The Master of the Rolls in Attorney-General v. Boucherett (1858), 25
B. 118-119 ("The Law of Charities and Mortmain, being the Fourth
Edition of Tudor's Charitable Trusts," p. 145).
Cp. Lord Eldon's judgment (1826) in Attorney-General v. Earl of
Mansfield, 2 Russ. 520 quoted by Boyle (" Practical Treatise on the
Law of Charities"), p. 162.
Cp. also the judgment of the Court of Appeal in the Weir Hospital
case (" Times," 8 June, 1910).
8 " The Law of Charities and Mortmain, being the Fourth Edition of
Tudor's Charitable Trusts," p. 219.
Appendix I 319
the Commissioners who signed the " Majority Report " of the
Poor Law Commission tell us that " under the Endowed Schools
Act the cy pres method was pushed very far indeed, and that,
not with a view to the expansion of particular charities for the
better fulfilment of the objects for which they were established,
but with a view to the application of the charities to a new pur-
pose altogether". 1
Now, it seems clear that a statutory appropriation of charit-
able endowments to this or that foreign purpose would widen
the doctrine of cy pres only if the legislative power were bound
by that conception. Can it reasonably be maintained that the
legislative power is thus bound. I venture to think that it can-
not be. Probably the jurisconsults of Justinian's day would have
upheld such an opinion, but many things have happened since
they rested from their labours. For one thing, the Modern
State has arisen, and we have learnt from Sir Henry Maine that
the Modern State differs in important particulars from the
States of antiquity. The principal difference is that constituted
by the emergence of a free legislative power a sovereign power
which accepts no limitations except those which from moment
to moment it defines for itself. Through this autonomous
power the ultimate freedom of the State becomes effectual in
reform.
Now, if the legislative power be an expression of the State's
ultimate and sovereign freedom, that power is not bound by
the doctrine of cy pres. For the Courts that doctrine is an
obligatory rule : for the legislative power it is, at most, a non-
obligatory propriety the definition of a custom which, although
laudable, is not binding.
Because Parliament is not bound by the doctrine of cy pres,
1<l Report of the Royal Commission on the Poor Laws and Relief of
Distress," p. 461, paragraph 49. Under section 30 of the Endowed
Schools Act, 1869, non-educational charities of certain specified kinds may
be diverted to educational purposes.
320 Appendix I
it is temerarious to assume that Parliamentary appropriations of
charitable endowments illustrate that doctrine. 1
(3) An opinion has prevailed that the trusts ordinarily de-
scribed as " National Society Trusts," are trusts for two separ-
able although conjoined purposes one religious and the other
secular and that the religious purpose, if not secondary, is
the less important. In accordance with this opinion it has
been thought proper, when dealing with monies produced by
the sale of school premises held upon such trusts, to appropriate
the larger part of those monies to secular purposes.
On the other hand, it has been earnestly contended that
National Society Trusts should not be dissected in this manner
that they are trusts, not for secular instruction plus a certain
kind of religious teaching, but for education of a certain indi-
visible and religious kind. 2 This contention has been largely
confirmed by the judgment delivered by Mr. Justice Swinfen
Eady in " the Caerphilly case". 3
1 On 6 June, 1834, Lord Eldon then Lord Chancellor took part in a
debate in the House of Lords on the Irish Church Commission. The next
day he wrote an account of the debate to Lady F. J. Bankes, and his letter
suggests that he, too, believed the principles of equity to be binding on the
legislature no less than on the Courts. (" The Public and Private Life of
Lord Chancellor Eldon," Vol. Ill, p. 226.) His letter, however, goes be-
yond his speech or, at least, beyond the reports of his speech given in
" Hansard" and " The Times ". His biography, indeed, contains a short
quotation (Vol. Ill, pp. 226, 227) whether from a report or a summary is
not apparent which is in close agreement with his letter, but the source
of the quotation is not mentioned, and the quotation itself is not supported
by the reports which I have examined.
2 Reasons for such a contention are set forth in my " Plea for Church
Schools " (George Allen & Sons). Cp. " The Withdrawal of Schools :
Notes on the Trust-deeds of Voluntary Schools," pp. 107-11. (James
Verity, The Electric Press, Middleton, Manchester.)
As long ago as 1840, Dean Hook had contended that " the object of
the National Society is not to provide for the general education of the
people, but to provide a particular kind of education," apparently,
education " on the principles of the Church ". (" The Life and Letters of
Walter Farquhar Hook," by W. R. W. Stephens, Vol. I, pp. 459, 460.)
' Reported in "The Times " of ao March, 1908.
Appendix I 321
(4) A very large number of non-provided schools outside
the Metropolitan area, by far the greater number are held in
virtue of conveyances made under the School Sites Acts.
The first and principal of those Acts was passed in 1841.
It is entitled, "An Act to afford further Facilities for the Con-
veyance and Endowment of Sites for Schools," and it opens
with the preamble that "it is expedient that greater facilities
should be given for the erection of schools and buildings for
the purposes of education ".
The intention thus disclosed is an intention to assist " Edu-
cation," but the facilities actually given are facilities for the
education of the poor " for the education of poor persons ".
The School Sites Act of 1853, however, extends the provi-
sions of the earlier School Sites Acts "to cases of such schools "
as are therein after specified ; " (that is to say), schools or
colleges for the religious or educational training of the sons of
yeomen or tradesmen or others, or for the theological training
of candidates for Holy orders. . . ."
For our present purpose the most important enactments in this
series of statutes are sections 2, 3, 4, and 6 of the Act of 1841.
Section 2 empowers
"Any person, being seised in fee simple, fee tail, or for life,
of and in any manor or lands of freehold, copyhold,
or customary tenure, and having the beneficial interest
therein," to " grant, convey, or enfranchise by way of
gift, sale, or exchange, in fee simple, or for a term
of years, any quantity not exceeding one acre of such
land, as a site for a school for the education of poor
persons, or for the residence of the schoolmaster or
schoolmistress, or otherwise for the purposes of the
education of such poor persons in religious and useful
knowledge ; "
and it concludes with the following most important proviso :
" Upon the said land so granted as aforesaid, or any part
thereof, ceasing to be used for the purposes in this Act
21
322 Appendix I
mentioned, the same shall thereupon immediately revert
to and become a portion of the said estate held in fee
simple or otherwise, or of any manor or land as afore-
said, as fully to all intents and purposes as if this Act
had not been passed, anything herein contained to the
contrary notwithstanding."
Section 3 authorizes the Chancellor and Council of the
Duchy of Lancaster
" To grant, convey, or enfranchise, to or in favour of the
trustee or trustees of any existing or intended school,"
lands and hereditaments belonging to the Crown in
right of the said duchy, for the " purposes " of the Act.
Section 4 conferred a similar power upon any two of the
principal officers of the Duchy of Cornwall. 1
Section 6 provides
" That it shall be lawful for any corporation, ecclesiastical
or lay, whether sole or aggregate, and for any officers,
justices of the peace, trustees, or commissioners, hold-
ing land for public, ecclesiastical, parochial, charitable,
or other purposes or objects, ... to grant, convey,
or enfranchise, for the purposes of the Act, such
quantity of land as aforesaid in any manner vested
in such corporation, officers, justices, trustees, or com-
missioners."
Sections 3 and 4 contain " reverter clauses " substantially
identical with the " reverter clause " in section 2, but section 6
contains no such clause. 2
A " reverter clause " is to be found also in the Duchy of
Cornwall Management Act, 1863 (26 & 27 Viet., c. 49, s.
36), but the reversion is conditionally to take place not when
the granted property is no longer used for the purposes of the
1 This section was repealed by the Statute Law Revision Act, 1874.
2 "The Withdrawal of Schools: Notes on the Trust-deeds of Volun-
tary Schools" (Hakluyt Egerton), pp. 113-5 (published by James Verity,
The Electric Press, Middleton, Manchester).
Appendix I 323
Act, but when it ceases to be used for the purpose of the grant,
or is used for some other purpose.
When school premises held upon charitable trusts, but not
held in virtue of a grant under an Act which contains a " re-
verter clause," can no longer be used in the manner and for
the purpose defined by its trusts, the Board of Education can
sell the premises and apply the proceeds of the sale to some
charitable purpose akin to the purpose denned by the trusts of
the disused premises. Clearly, however, a disused school-house
held upon charitable trusts in virtue of a grant under sections 2
or 3 of the School Sites Act, 1841, or the Duchy of Cornwall
Management Act, 1863, cannot be dealt with in this way. The
" reverter clause " precludes a sale. 1 One would have supposed
1 Except under section XIV of the School Sites Act, 1841.
"XIV. And be it enacted, that when any land or building shall
have been or shall be given or acquired under the provisions of
the said first-recited Act or this Act, or shall be held in trust for
the purposes aforesaid, and it shall be deemed advisable to sell
or exchange the same for any other more convenient or eligible
site, it shall be lawful for the trustees in whom the legal estate
in the said land or building shall be vested, by the direction or
with the consent of the managers and directors of the said school,
if any such there be, to sell or exchange the said land or building,
or part thereof, for other land or building suitable to the pur-
poses of their trust, and to receive on any exchange any sum of
money by way of effecting an equality of exchange, and to apply
the money arising from such sale or given on such exchange in
the purchase of another site, or in the improvement of other
premises used or to be used for the purposes of such trust ; pro-
vided that where the land shall have been given by an ecclesias-
tical corporation sole the consent of the Bishop of the Diocese
shall be required to be given to such sale or exchange before the
same shall take place : Provided also, that where a portion of any
parliamentary grant shall have been or shall be applied towards
the erection of any school, no sale or exchange thereof shall
take place without the consent of the Secretary of State for the
Home Department for the time being."
(The Duchy of Cornwall Management Act (1863) does not confer
power to sell.)
21 *
324 Appendix I
that if in the case of a disused school held under the Schools
Sites Acts the trusts denned by the Instrument of Grant were
narrower than those defined by the enabling Act or Acts, a
scheme could be made providing for a cy pres use of the
premises within the range of the purposes defined by that Act. 1
The Board of Education appears to have thought so :
" It is clear, however, that reverter is not necessarily occa-
sioned by disuse for the special purposes of the trust,
where they are narrower than the purposes of the Act." 2
Mr. Justice Warrington, however, has surprised some of us
by a judgment which seems to make this opinion untenable.
I transcribe the most important passages :
"The Act specifies three purposes for which land maybe
granted. First, a school for the education of poor per-
sons ; secondly, for the residence of the schoolmaster
or schoolmistress ; and, thirdly, otherwise for the pur-
pose of the education of such poor persons in religious
and useful knowledge. The grantor may select his own
purpose from amongst those three ; and the operation
Apparently, a sale could take place under section 14 only if the money
produced by it could be applied, in one or other of two alternative ways,
for the purposes of the Trust applied, that is, " in the purchase of
another site, or in the improvement of other premises used or to be used
for the purposes of such trust ".
Unless this condition could be satisfied, no sale could properly be
authorized. In most cases, I imagine, it would not be possible to satisfy
this condition.
1 Apparently, such a course could not be adopted if the disused school
were held under the Duchy of Cornwall Management Act of 1863, for the
"reverter clause" of that Act would operate as soon as the school ceased
to be used for the purpose of the grant under which it was held. The
Board could not, by scheme, create a new purpose, within the purposes
of the Act.
'"General Introduction to the Return (H.C. 178, 1906) made in
compliance with an Order of the House of Commons, dated 23 February,
1906," p. 17.
This is a very valuable document. For an independent discussion of
certain points, see " The Withdrawal of Schools".
Appendix I 325
of the Act is to give force and effect to his grant, even
if he be only a limited owner. Can it be the true con-
struction of the Act that, though the land ceases to be
used for the purposes expressed in the grant, yet,
nevertheless, if it is used for one or more of the other
purposes of the Act mentioned, the reverter will not
take place? I cannot take this view. I think you
must read ' the purposes in the Act mentioned ' as
meaning such of those purposes as are applicable to the
case in question namely the purposes to which the
land was devoted by the grantor." 1
" I think you must read " unfortunately the learned Judge
did not say why he thought so.
(5) The Board of Education tells us that the Law of Mort-
main and Charitable Uses " abounds with pitfalls, into which
the persons responsible for the preparation and completion of
school deeds have fallen in large numbers ".' 2 If a trust-deed
be void through failure to comply with that law, it is void both
as a conveyance of property and a declaration of trust. In
such a case it would probably be found that the trustees had
acquired a possessory title by lapse of time, and that they held
1 Attorney-General v. Shadwell and others. " The Times," 16 Nov.
1909 ; " The Church Times," 19 Nov. 1909.
8 "A General Introduction to the Return" (H.C. 178, 1906), p. 19,
section 39.
Fortunately, section 23 (5) of the Education Act, 1902, reads as fol-
lows:
" (5) The Mortmain and Charitable Uses Act, 1888, and so much of the
Mortmain and Charitable Uses Act, 1891, as requires that land as-
sured by Will shall be sold within one year from the death of the
testator, shall not apply to any assurance, within the meaning of
the said Act of 1888, of land for the purpose of a schoolhouse for
an elementary school."
There is a very interesting account of the " Statutes of Mortmain " in
" The History of the Society of Jesus in North America, Colonial and
Federal," by Thomas Hughes, S.J., Vol. I, Appendix C, pp. 578-616.
326 Appendix I
the property upon the trusts defined by the purpose or pur-
poses for which the property had actually been used not, be
it observed, upon the trusts defined by the invalid trust-deed. 1
(6) A very important judgment was delivered by Mr. Justice
Joyce on 28 November, igog. 2
The Wesleyan Methodist Chapel in South Street, Wands-
worth, is held upon the trusts of the model deed.
" Section 36 of the model deed provided that upon a sale of
premises subject to its trusts the ' trustees and trustee for the
time being, acting in the trusts of these presents, shall apply the
money which shall arise from every such sale as aforesaid, so far
as the same money will extend, to the discharge of all the in-
cumbrances, liabilities, and responsibilites, whether personal or
otherwise, lawfully contracted or occasioned by virtue of these
presents, or in the due execution of the trusts thereof, or of any
of them ; and subject thereto, either for or toward promoting
the preaching of the Gospel amongst the said people called
Methodists, in the circuit in which the said chapel, or place of
religious worship, shall, for the time being, be situated, or,
for the purpose of procuring a larger, or more conveniently or
eligibly situated piece of ground, and chapel, or place of re-
ligious worship, and premises, in the place or stead of the said
piece of ground, chapel, or place of religious worship, heredita-
ments, and premises so sold and disposed of, to be settled upon
the same trusts, and to and for the same ends, intents, and pur-
poses, and with, under, and subject to the same powers, pro-
visos, and declarations, as are in and by these presents
expressed and contained, or such of them as shall be then
subsisting, or capable of taking effect.' "
In the year 1906 the trustees acquired another piece of land
" contiguous to that already held by them ". This additional
piece was conveyed to the trustees upon the trusts of the model
1 Cp. the "General Introduction," p. 19, section 37.
2 /n re Wesleyan Methodist Chapel in South Street, Wandsworth,
1909, i Ch. 454-59.
Appendix I 327
deed, and they claimed to be registered * (without any restric-
tions) as proprietors thereof.
It was admitted that the new property was held " on the same
trusts as the chapel, or like trusts," and was " in respect of situa-
tion, so connected with, or held, or used in connexion with such
chapel that it could not conveniently be separated therefrom ".
The judge ruled that " so long as the chapel be registered
as a place of meeting for religious worship, or bonafide used as
such, the restriction upon selling imposed by section 29 of the
Charitable Trusts Act, 1855, does not apply to affect either
the site of the chapel or the piece of land recently acquired ".
He then continued as follows :
" The chapel trustees contend that independently of this they
would be entitled, and without any consent of the
Charity Commissioners, if so minded, to sell and dispose
of this piece of land, as well as the site of the chapel,
inasmuch as the proceeds of sale may legally be applied
and expended as income for the maintenance or pur-
poses of the charity, and that there is not here any en-
dowment within the meaning of that term in the Act, 2
that is subject to the jurisdiction of the Charity Com-
missioners. I am of opinion that this contention of
the chapel trustees is well founded, having regard to
the decisions of the Court of Appeal which I have
mentioned." 3
It was therefore held that the trustees were "entitled to be
registered as absolute owners " of the additional piece of land
without any restrictions.
The critical point, it will be observed, is not the power to
sell, but the power (given alternatively by the trust-deed) to spend
the net proceeds of the sale " as income ".
1 Under the Land Transfer Acts, 1875 and 1897.
2 In section 62 of The Charitable Trusts Act, 1853.
3 In re Clergy Orphan Corporation, 1894, 3' Ch. 145; in re Church
Army, 1906, W.N. 73 ; 94 Law Times, 559.
328 Appendix I
Now we find such a power in the model trust-deeds for
Wesleyan schools, and also in Roman Catholic trust-deeds. 1
I quote the enabling clause of the Wesleyan deed of 1848 : -
" And it is hereby declared that it shall and may be lawful
to and for the trustees or trustee for the time being
of these presents with the consent of the said yearly
Conference, such consent to be testified in writing under
the hand of the president for the time being of the said
yearly Conference, at any time or times hereafter abso-
lutely to sell and dispose of the same hereditaments and
premises hereby appointed, granted, and released, or of
such part or parts of the same respecting which such
consent in writing as aforesaid shall be given, either by
public sale or private contract, and either altogether or
in parcels and either at one and the same time, or at
different times, for the best price or prices in money
that can be reasonably obtained for the same, and well
and effectually to convey and assure the hereditaments
and premises so sold to the purchaser or purchasers
thereof, his, her, or their heirs and assigns, or as he, she,
or they shall direct : and the hereditaments and prem-
ises so sold and conveyed, and assured as aforesaid,
shall thenceforth be held and enjoyed by the purchaser
or purchasers thereof, his, her, or their heirs and assigns,
freed and absolutely discharged from these presents, and
from the trusts hereby declared and every of them : and
the trustees and trustee for the time being acting in
the trusts of these presents, shall apply the money which
shall arise from every such sale as aforesaid, so far as
the same money will extend, to the discharge of all the
incumbrances, liabilities, and responsibilities, whether
personal or otherwise, lawfully contracted or occasioned
by virtue of these presents, or in the due execution of
1 But not, or very rarely, in the trust-deeds of Church schools.
- There is a similar clause in the model deed of 1849.
Appendix I 329
the trusts thereof, or any of them ; and subject thereto,
either for the purpose of building or procuring a larger
or more conveniently or eligibly situated schoolhouse,
or schoolhouses, schoolroom or schoolrooms, and prem-
ises in the place or stead of the said hereditaments and
premises so sold and disposed of, to be settled upon the
same trusts, and to and for the same ends, intents, and
purposes, and with, under, and subject to the same
powers, provisoes, and declarations as are in and by
these presents expressed and contained, or such of them
as shall be then subsisting, or capable of taking effect, or
for or towards the promotion of religious and general
educational purposes amongst the said people called
Wesleyan Methodists, in the Circuit in which the said
premises hereby granted and released shall for the time
being be situated as the said trustees or trustee for the
time being of these presents, and the said superintend-
ent minister for the time being, or the major part of
them, shall think best."
The Kemerton (Roman Catholic) model deed executed
in 1851 is evidently based upon the Wesleyan deed and
confers a similar power. 1
The "Chadwick" (Hexham and Newcastle) deed (1867)
confers power to sell, and declares that the net proceeds
of the sale "shall be applied in such manner being for
the promotion of the Roman Catholic religion or for
the education of Roman Catholics as the bishop shall
in his absolute discretion direct, and the same or any
part thereof may at the discretion of the bishop be
applied wholly or partially as income in aid of the
voluntary subscriptions for the support of the churches,
schools, cemeteries, 'and burial places aforesaid or either
of them and not necessarily as capital, and in particular
J See "Precedents of Trust-Deeds " issued as a Parliamentary Paper
in 1902, Cd. 1337.
330 Appendix I
the same may be applied in any manner in which annual
or other voluntary subscriptions or contributions for
the support of the said churches, schools, cemeteries,
and burial places or either of them might be applied "- 1
Power to sell is given also by two Roman Catholic model
deeds (A and B), which, we are told, " were framed directly in
consequence of the exigencies of the Education Act, 1902.'*
Each of those deeds confers a power to apply the proceeds of
sale "as income".
" Model A. 5. And further that the monies to arise or to
be received in respect of any such sale . . . (after pay-
ment of expenses) shall both as to capital and income
be applied at any time or times in such manner being
for the education of Roman Catholics or the erection,
enlargement, improvement, maintenance, or support of
any elementary Roman Catholic school or schools or
for the promotion of the Roman Catholic religion as the
trustees shall, with the consent of the bishop, determine,
and the same or any part thereof may in like manner be
applied wholly or partially as capital or income in aid of
the voluntary subscriptions for the benefit or support of
the said school or schools or for any such other charit-
able purposes as aforesaid, and in particular the same
may be applied in any such manner in which annual
or other voluntary subscriptions or contributions might
be applied." 3
"Model B. 5. And further that the monies to arise or be
received in respect of any such sale . . . (after pay-
ment of expenses) shall both as to capital and income
be applied at any time or times in such manner being
for the education of Roman Catholics or the promotion
1 " General Introduction to the Return H.C. 178, 1906) made in
compliance with an Order of the House of Commons, dated 23 February,
1906," pp. 96-7.
a Ibid. p. 27. 'Ibid. p. 91.
Appendix I 331
of the Roman Catholic religion or the erection, enlarge-
ment, improvement, maintenance, or support of any
elementary Roman Catholic school or schools or for
such other purposes as the trustees in their discretion
shall think fit, and the same or any part thereof may in
like manner be applied wholly or partially as capital
or income in aid of the voluntary subscriptions for the
support of the said school or schools or for such other
charitable purposes as aforesaid, and in particular the
same may be applied in any manner in which such
annual or other voluntary subscriptions or contributions
might be applied." 1
In each of these cases the power conferred seems to be
essentially identical with that conferred by the trust-deed of
the chapel in South Street. It follows, therefore, that, in no
case governed by any one of these deeds or by any deed
which confers the same power "have we any endowment
within the meaning of that term in the Act which is subject
to the jurisdiction of" either the Charity Commissioners or
the Board of Education.
Apparently, Mr. Justice Joyce's judgment goes far towards
placing most, if not all, Wesleyan and Roman Catholic schools
beyond the Charitable Trusts Jurisdiction of the Board of
Education. 2
1 " General Introduction to the Return (H.C. 178, 1906) made in
compliance with an Order of the House of Commons, dated 23 February,
1906," p. 93.
2 But probably not beyond section 75 of the Elementary Education Act,
1870 (see p. 314, footnote, i), nor beyond the prohibitory proviso in sec-
tion 14 of the School Sites Act, 1841, or the similar provisions of the
School Grants Act, 1855.
(For that proviso and those provisions, see " The Withdrawal of
Schools," pp. 117, 118. James Verity, The Electric Press, Middleton,
Manchester.)
When considering the effect of Mr. Justice Joyce's judgment, careful
regard should be paid to In re Gilchrist Educational Trust (1895, i Ch.
367).
332 Appendix I
VI. THE ENDOWED SCHOOLS ACTS AND THE
WELSH INTERMEDIATE EDUCATION ACTS.
Under these Acts, the appeal against a proposed scheme is
not to the Chancery Division of the High Court but to His
Majesty in Council and to Parliament.
The scheme-making power given by those Acts is not
limited by the doctrine of cy pres.
VII. ETHICAL INSTRUCTION.
The authors of the Elementary Education Act, 1870, were
careful to confine the parliamentary grant for elementary educa-
tion to secular purposes.
"97. The conditions required to be fulfilled by an element-
ary school in order to obtain an annual parliamentary
grant shall be those contained in the minutes of the
Education Department in force for the time being, and
shall amongst other matters provide that :
" (i) Such grant shall not be made in respect of any
instruction in religious subjects . . . but such con-
ditions shall not require that the school shall be in
connexion with a religious denomination, or that
religious instruction shall be given in the school, and
shall not give any preference or advantage to any
school on the ground that it is or is not provided by
a school board."
The Elementary Schools Code now in force contains the
following regulation : l
" Moral Instruction should form an important part of every
elementary school curriculum. Such instruction may
either (i) be incidental, occasional, and given as fitting
opportunity arises in the ordinary routine of lessons, or
(ii) be given systematically and as a course of gradu-
ated instruction.
1 It forms part of Article 2.
Appendix I 333
"The subject of this instruction, whether given by the
methods indicated in (i) or in (ii) above, should be on
such points as courage ; truthfulness ; cleanliness of
mind, body, and speech ; the love of fair play ; gentleness
to the weaker ; humanity to animals ; temperance ; self-
denial, love of one's country, and respect for beauty in
nature and in art.
"The teaching should be brought home to the children by
reference to their actual surroundings in town or country,
and should be illustrated as vividly as possible by
stories, poems, quotations, proverbs, and examples
drawn from history and biography.
" The object of such instruction being the formation of
character and habits of life and thought, an appeal
should be made to the feelings and the personalities of
the children. Unless the natural moral responsiveness
of the child is stirred, no moral instruction is likely to
be fruitful."
No one pretends that this article contravenes the Act of
1870. The Act, indeed, excludes religious instruction from
the Code, and the Code prescribes moral instruction, but the
instruction excluded and the instruction prescribed are not
identical. Yet it seems not improbable and, if the " secular
solution " were ever adopted, it would become probable that
the instruction given under this Article will develop towards
what may fairly be called " a new kind of religion ". Those
who are most prominently working to build up a general system
of ethical instruction are well aware that such instruction to be
effective, must appeal to the imagination and emotions and must
have some ground and support some " sanction," as we say
outside the words of the teacher and the mind of the scholar.
From pure ethical teaching to a glorified " civism " or a vague
humanitarianism backed by a vaguer theism the transition is
easy and alluring. Were it once made (under shelter of the
Code), the resultant phantasy would be an " established religion "
334 Appendix I
in every public elementary school, and would be provided and
maintained entirely out of public monies.
HAKLUVT EGERTON.
Postscript. When these pages were passing through the
press, the Report of the Departmental Committee on Endow-
ments for Elementary Education appeared.
The Report appears to recommend, inter alia
1. That the local education authorities should exercise all
the jurisdiction of the Board of Education under the Chari-
table Trusts Acts and the Endowed Schools Acts :
2. That the following classes of charities should be exempted
from the control of local education authorities and should re-
main as at present under the direct control of the Board
(a) Endowments or parts of endowments held for solely
religious education or solely for the purpose of a denomination ;
(b] the sites and buildings of non -provided schools and of
disused non-provided schools; (c) non-local charities, subject
to a power to be vested in the Board to apportion the charities
between the various areas interested, or to vest the control of
the charities in a joint committee containing representatives of
more than one local education authority; and (d) charities
which the Board regards as unsuitable for transfer :
3. That, with the object of defining the purposes to which
educational endowments may be applied, a list of purposes
should be included in a schedule to the Act dealing with the
matter, and that the Board of Education should have power by
Order to be laid before Parliament to make additions to or
omissions from the list :
4. That in order to facilitate the treatment of cases as to
which there is no disagreement, the Local Education Authority
should be empowered to consent in writing, without a formal
scheme, to the application by the trustees (from time to time
and subject to such conditions and limitations as the local
education authority thinks proper) of their endowments to any
one or more of the authorized purposes :
Appendix I 335
5. That, after the local education authority have sealed a
scheme, a period of one month should elapse during which the
trustees, the parish meeting or parish council, or any ten adult
inhabitants of the area of benefit should have power to appeal
to the Board against the provisions of the scheme, and that (on
an appeal) the Board should have power either to confirm the
scheme, to confirm the scheme with modification, or to refuse
to confirm the scheme :
6. That the local education authority should have power,
subject to an appeal to the Board, to make a scheme apportion-
ing a denominational endowment between its religious and
secular purposes :
7. That " for the purposes of apportionment," there should
be " a statutory definition of denominational trusts " :
8. That section 13 of the Education Act, 1902, be " every-
where repealed ".
These recommendations will not be unanimously welcomed.
(a) It seems clear that, whatever possibility theoretically
remained opened, the doctrine of cy pres would (for all practical
purposes) be superseded by the scheduled " list of purposes ".
Speaking with rough but sufficient accuracy, we may say that
the recommendations would substitute an administrative pro-
cess for a. judicial process. Mr. Birrell attempted to do this in
1906, but he had to withdraw his proposals.
(t>) Churchmen would not willingly submit their denomina-
tional endowments to apportionment by the local education
authorities. Unfortunately, not every local authority could be
reasonably trusted to apportion scrupulously between "religi-
ous " and " secular " purposes.
It is noteworthy that one member of the committee Mr.
W. C. Bridgeman, M.P. abstained from signing the Report
chiefly because the division of " denominational endowments
into two separate portions, religious and secular, would, in his
opinion, be, in most cases, a complete violation of the founder's
intentions "- 1
1 Cp. p. 320
336 Appendix I
(c) The repeal of section 13 would not improbably bring
about or facilitate the diversion to other purposes of trust
monies which are now paid to managers of non-provided
schools for " managers' purposes ".
HAKLUYT EGERTON.
APPENDIX II.
MEMORANDUM BY THE PRINCIPAL OF A
TRAINING COLLEGE.
Regulation " (d) (i) In the selection of candidates for half the
number of places which will be vacant in 1 90 9, the authori-
ties of a college may not reject, or invite the withdrawal
of the application of any candidate, not belonging to the
denomination of the college, on the ground of religious
faith or by reason of his refusal to undertake to attend
or abstain from attending any place of religious worship,
or any religious observance, or instruction in religious
subjects in the college or elsewhere, nor may they re-
quire any candidate, not belonging to the denomination
of the college, to enter for any examination in religious
knowledge."
With regard to the above regulation, it must be noted that
i. The Church colleges, acting through a representative
council appointed by them, have only submitted under
protest and with the following reservations
(a) That candidates not members of their own com-
munion shall be lodged in an annexe recognized
by the board, so as not to break the terms of the
trust-deed of the college, and that such students
shall be counted as resident students.
() They have declared plainly that, did the number
of such students at all approximate to 50 per
cent, it would be impossible to submit to the
337 22
338 Appendix II
regulation, as it would destroy the whole
character of the foundation of the colleges.
2. They have repeated what is known as the Church's Offer,
viz. to provide annexes in connexion with their col-
leges, for undenominational students, up to say 10 per
cent of the number for which the college is recognized ;
such students to share in every advantage of the intel-
lectual and social activities of the college without being
required to take part in the provision for religious
instruction and worship to which they would have
conscientious objections. The council is now in a
position to prove by experience of the results of the
modus vivendi that this provision would not only ade-
quately meet the needs of the case, but that the num-
ber of places so secured to Nonconformists, would be
in excess of the number which they now occupy under
the modus vivendi. They contend that this would
make a satisfactory basis of permanent settlement
which could be accepted by both sides, as securing
to the one the provision of an adequate number of
places, while securing to the other the maintenance,
desired by them, of the definite religious character of
their colleges.
In considering the general position, it should be remem-
bered :
1. That owing to the building of municipal colleges of an
undenominational character, a very large number of
additional places have been thrown open to candidates
free from religious tests of any kind.
2. That the modus vivendi, owing to the uncertain nature
of its working, is most uneconomical. A college
might be called upon to provide fifteen places in one
year and in another year only eight or ten. This
changing number would mean grave difficulty and loss
in working arrangements. You cannot easily rent a
Appendix II 339
house or houses suitable for the purpose of an annexe
to meet constantly fluctuating numbers.
The Minister of Education has himself recognized the
importance of securing religious teachers, by the publi-
cation in the regulations of chap, x (1909) which was
afterwards withdrawn. In view of this it seems most
unreasonable that colleges, prepared to make working
arrangements for the admission of students not of their
own communion, should be called upon to imperil that
religious training which the minister himself has con-
fessed to be so valuable and for which these colleges
were definitely founded. The fact cannot be concealed
that if the character of the Church or denominational
colleges is destroyed there will be no guarantee what-
ever for the religious instruction of any class of teachers
in our schools.
22
APPENDIX III.
WE desire to express our cordial thanks to the following
persons and associations who, in accordance with Mr. Athelstan
Riley's invitation, sent in various schemes and suggestions.
These have all been carefully considered, together with those
finally selected as typical specimens, which have been printed
at length in this book. Some of the suggested plans for meeting
the religious difficulty are of considerable merit, and the space at
our disposal, if the book was to be kept within reasonable limits,
alone prevented their inclusion.
Rev. W. F. Norris, Archdeacon of Halifax.
Rev. J. H. Charles, Vicar of Oakham. (This is specially inter-
esting as being a scheme actually in force at Oakham.)
Miss Francis, Head Mistress at St. Peter's School, Eaton
Square, London.
Mr. John P. Eglen, Hon. Treasurer, Birkenhead Advisory Com-
mittee of Church Schools.
Rev. A. C. Almack and Lord Nelson.
Friends' Guild of Teachers. (A leaflet containing views of the
Guild.)
Rev. H. J. Bardsley, Master of St. Paul's, Hulme.
Mr. T. Edmund Harvey. (An Address.)
Mr. J. J. Findlay, Professor of Education at Manchester. (An
Article reprinted from the "Westminster Gazette," of 26
Nov. 1906.)
Mr. T. B. Bishop.
Mr. F. J. Leslie, Member of Liverpool Education Committee.
Prebendary R. C. Baynes.
Rev. John Morris, Rector of Narberth.
34
Appendix III 341
Rev. G. H. Harris of Christ's Hospital.
Mr. W. Langford.
Mr. A. J. Hodgarth.
Mr. R. M. Moorson.
Mr. Gerald Fitzmaurice.
Rev. D. S. Murray. (Letter to " Church Times ".)
Mrs. Seymour Grenfell.
Rev. J. H. C. Clarke.
Miss Hartley.
Rev. J. Midgley. (Pamphlet on Allocation of Rates.)
Miss Geraldine Hodgson, B.A., D.Litt., Lecturer on Educa-
tion, University College, Bristol.
Miss Caroline Hoare.
Rev. A. T. Fryer.
Mr. F. H. M. N. Humphrey-Davy.
Mr. G. R. Amsted.
Rev. H. W. Andrews.
Rev. A. J. B. Atkinson.
Mr. A. O. Simmons. (Letter to " Hampshire Chronicle " and
Article in "Westminster Review".)
Rev. J. W. Adams.
Rev. W. A. Frith.
Miss Florence Longridge.
Bishop of Manchester. (Article in "Church Family News-
paper ".)
Mr. J. J. Cockshott.
Rev. F. Daustini Cremer. (Letter to " Manchester Guardian ".)
Bishop of St. Asaph. (A Bill of 1904.)
Rev. D. Clifford. (Letter to " Times ".)
Secular Education League. (Letter signed by G. K. Chester-
ton, Stewart Headlam, Bishop Mitchinson, G. W. E. Rus-
sell, and others.)
Lord Robert Cecil and Mr. Runciman. (Letter to "Times".)
Passive Resistance Committee. (Report of Conference, Nov.
1908.)
34 2 Appendix III
Manchester Diocesan Committee of Church Schools. (Reso-
lution, 1908.)
Mr. F. D. Acland, M.P. (Speech.)
Lord Halifax, Lord Hugh Cecil and Dr. Wace. (Circular
letter.)
Rev. J. Gregory Smith.
Lady Frederick Cavendish. (An Article with notes by a friend.)
"Onlooker."
Rev. J. O. Bevan.
Rev. J. P. Donald.
Mr. M. E. M. Donaldson.
Rev. J. Duggan. (A very interesting letter.)
Mrs. Le Blanc-Smith.
Rev. J. N. Herbert.
Mr. E. L. Holland.
Miss Sophia Beale.
Mr. W. Howard.
Rev. C. W. N. Hyne.
Mr. G. A. Macirone.
Mrs. Arthur Pughe.
Mr. G. Robinson.
Rev. H. L. Rumsey.
Mrs. Watkin Williams.
Mrs. Skinner.
Rev. A. E. Oldroyd.
Lt.-Col. R. C. Parry.
Rev. J. Pimblett. (A scheme on German lines.)
Rochester Deaneries. (Discussion of four main principles.)
Mr. Shephard.
Mr. A. Sloman.
Mr. F. E. Sach. (A Bill introduced at the Three Towns
Debating Society.)
Mr. John W. Stranderwick.
Mr. Surridge.
Mr. Bertram Talbot,
Appendix III 343
Dr. C. Martindale Ward.
Rev. H. Wesley Dennis, Principal of St. John's Training
College, Battersea, and Rev. Mosley Stevenson, Principal
of Warrington Training College. (Allocation of schools.)
Anonymous. (A scheme without an accompanying letter.)
Rev. T. H. Wrenford, and Mr. H. E. Bannard.
Rev. J. Worthington.
Rev. A. R. Sharpe.
Colonel Lambert.
Very Rev. J. S. Brownrigg.
Mr. J. C. Kerry.
Mr. C. H. R. Weidemann.
Rev. Arthur Ogle.
The " Church Times " Scheme.
Rev. Canon Douglas Macleane.
Lord Sheffield. (Two schemes of 1905 and 1908, not for publi-
cation.) ,
Mr. W. H. Fayer.
Colonel Le Mesurier, R.E. (Two letters.)
Church School Emergency League. (A very complete and
elaborate scheme.)
Rev. Hector McNeile.
Lord Salisbury. (A Parents' Committee Scheme.)
"School Manager in the Midlands." (A German, formerly an
elementary school teacher in Germany.)
Rev. Clement F. Rogers. (An Article in the " Church Quar-
terly Review".)
Rev. T. W. Caw.
Bishop Thicknesse. (A letter.)
Rev. T. Holland. (A letter.)
Miss Fabery.
INDEX.
ACKROYD, Mr. George, Joint scheme of, 61.
Ad hoc education authorities, Proposal for reconstitution of, 139,
151, 158-9.
Allocation of education rates, Detailed proposals for, 60-73 > Criti-
cism of principle, 79-87.
Attorney-General and Board of Education and County Council of
the West Riding of Yorkshire ex parte Grenside, 296 ;
versus Shadwell and others, 324-5 ; versus West Riding
County Council (1906), 91.
BIRMINGHAM and Manchester Churchmen, Committee of, on
education question, 160.
Birrell, Right Hon. A. (quoted), 25.
Boutwood, Mr. Arthur, 4.
Bridgeman, Mr. W. C., M.P., 335.
Bright, Mr. Jacob, Amendment to the Education Bill, 1870, aiming
at exclusion of denominational teaching (quoted), 289 (note).
British and Foreign School Society, 222, 239.
CAERPHILLY Case (1908), its bearing on the separableness of the
religious and secular parts of certain charitable trusts, 320.
Charitable Trusts Acts, 312-31.
Clifford, Dr. John, 193.
Conscience Clause in public elementary schools, History and inter-
pretation of, 290-2.
" Contracting-out " of voluntary schools undesirable, 23.
Cornwall, Duchy of, Management Act (1863), 322, 323.
Cowper-Temple Clause, History and interpretation of, 288-9.
Proposed repeal of, 99.
Mr., Speech on the Cowper-Temple Clause (quoted),
289 (note).
Cumin, Mr. Patrick, Evidence on meaning of Cowper-Temple
Clause (quoted), 290 (note).
345
346 Index
" Cy pres," doctrine or principle of, 314-20; for the Courts an
obligatory rule, for the legislative power at most a non-obli-
gatory propriety, 319; derivation of the doctrine, 314;
definition of, 315 ; scheme-making power given by Endowed
Schools Acts and Welsh Intermediate Education Acts not
limited by doctrine of, 332.
DRURY Lane Industrial School, 60.
Duchy of Cornwall Management Acts (1863), 322, 323.
EDEN, Mr. A. F., Joint scheme of, 24.
Education, Present crisis in, 4.
Act, 1870, Four great changes introduced by, 288.
1902, Changes in position of denominational schools
made by, 293-5.
Bill (1906) referred to, 89, 90 ; Mr. Runciman's (1908), 192.
Educational resettlement, Main categories of plans for, 16 ; funda-
mental principles which should be observed in, 21.
Settlement Committee, Its plan of resettlement in English
elementary education, 174.
Egerton, Mr. Hakluyt, Memorandum by, on the Law Relating to
Religious Education, 287.
Scheme for parents' committees, 105.
Elementary Education, Amended definition of, proposed, 1 53-4.
(Blind and Deaf Children) Act, 1893, Provisions as to
religious instruction in, 310 (note).
(Defective and Epileptic Children) Act, 1899, Provisions
as to religious instruction in, 311 (note).
Endowed Schools Acts, Regulations as to religious instruction in,
300-2.
Endowments for Elementary Education, Report of Departmental
Committee on (1911), 334-5.
Ethical Instruction, 332-4.
FACILITIES for denominational teaching in Council schools, 33-5,
63. 72, 74-5, 89, 93, 102, 107-9, n5-i6, 161, 162, 178, 181,
199, 204, 208-11, 213-25, 244-5, 2 77-S, 280-2 ; in transferred
voluntary schools, 177.
for provision of special forms of religious instruction in Council
schools, etc., other than elementary, permitted by Education
Act, 1902, 299-300.
French education, Acuteness of religious conflict in, i.
"GUARDIAN," Leading article on Educational Settlement Com-
mittee's scheme (quoted), 193.
Index 347
HIGH Court, Appeal to, from decisions of Board of Education pro-
vided for, 17, 98, 120, 169, 190.
Higher education, Compulsory provision of, by local education
authority, 132-3, 152, 156.
Hook, Dean (quoted) on object of the National Society, 320 (note).
Hope, Sir Theodore C., Joint scheme of, 24 ; criticism of rate
allocation by, 79.
INDUSTRIAL classes, Higher education of, 148-9.
- Schools, Provisions as to religious instruction in Reformatory
and, 309-12.
Inquiry into present accessibility of Council school accommodation,
especially in rural districts, recommended, 191.
Inspection of religious instruction, 43, 94, 119, 165, 179-80, 209,
222, 255, 276 ; of non-aided schools, 152.
Introduction, i.
JEWISH children, Arrangements for religious instruction of, in
elementary schools under London County Council, 22, 277,
279 ; syllabus allowed under School Management Code of
London Education Committee, 280.
Committee's educational scheme, 275.
KENSINGTON, Town Clerk of, Remarks on rate allocation, 83.
Kenyon-Slaney Clause (section 7 (6) of Education Act, 1902),
quoted and explained, 295 note.
LATHBURY, Mr. D. C., Article in "Contemporary Review" by
(quoted), 200.
Law of Mortmain and Charitable Uses, 325.
MANCHESTER Churchmen, Committee of Birmingham and, on
education question, 160.
Concordat Committee's (Salford Roman Catholic Diocesan
School Association) Scheme, 265.
Manning, Cardinal (quoted), 256.
Massie, Mr. J., Education (Conditions of Grant) Bill introduced by,
241.
Modus vivendi in regard to Training Colleges, 337-8.
Moral Instruction as required by Elementary Schools Code, 332-3.
Mortmain and Charitable Uses, Law of, 325.
NATIONAL Educational Association, Draft Education Bill drawn up
at conferences held by, 131.
- Society, sub-committee of, on education question, 160,
348 Index
New schools, Power of local authority to provide, under Acts of
1870-1902, 297-8.
Non-aided schools, Inspection of, 152.
Non-provided schools, Continued recognition of, 38, 65, 72, 95-8,
101, 116, 123, 161, 163, 166-8, 175, 182-8, 213-7, 253-5,
269, 275-6.
Northern Counties Education League, Criticism of Educational
Settlement Committee's scheme by, 194.
OAKHAM, Church school at, 60.
O'Grady, Mr. Hardress, 4.
PARENTS' Committees, Detailed proposals for establishment and
powers of, 116-22; criticism of, 125, 127-9.
Passive Resisters, Proposals to meet the scruples of, 90-1.
Perkins, Mr. Arthur T., Joint scheme of, 61.
Prussia, Denominational elementary schools in, 263 (note), 264
(note).
Public elementary school, Status not affected by religious instruc-
tion being given or not given in it, 292.
Publicity of documents under control of local education authorities
to be secured, 1 53.
REFORMATION and Industrial Schools, Provisions as to religious
instruction in, 309-12.
Religious education, Memorandum on law relating to, by Mr.
Hakluyt Egerton, 287.
Instruction Committee, Proposed appointment of, by each
local education authority, 180 ; by Board of Education, 44-5,
56.
Parental rights in determining what should be given to
a child, 24, 26, 28, 33, 54, 63, 74-5, 85, 89, 93, 105,
no, 115-8, 125-8, 142, 160-3, 170-1, 175, 177-8,
183-6, 202, 208, 211, 214-5, 219, 237, 255, 263, 268,
270, 273, 275, 277-8, 285 ; organisations proposed
for supervision of, in elementary schools, 42-4, 58,
165, 168-9, X 78, 181, 209, 212, 215, 217-8, 221-6;
proposal for its being provided on one morning each
week by a statutory committee instead of by the local
authority, 209-11, 215-8, 224-8 ; register of parents'
preferences in regard to, 33, 56, 162, 171, 208-9,
219-21.
Roman Catholic Schools, model deeds of, 329-31.
Runciman, Right Hon. W., 28,
Index 349
SALISBURY, Marquis of, Education Scheme (Church Committees'),
1 60.
late Marquis of, Speech on Cowper-Temple Clause (quoted),
289 (note).
Salvation Army, Facilities afforded to, in schools of Western
Australia, 238.
Schemes analysed : Allocation of Rates Bill (Messrs. Ackroyd and
Perkins), 61 ; Education (Conditions of Grant) Bill (Mr. J.
Massie and others), 241 ; Educational Settlement Com-
mittee's scheme, 1 74 ; Hope-Eden Bill (Sir Theodore Hope
and Mr. A. F. Eden), 24 ; Jewish Committee's scheme
(1908), 275 ; Joint Church Committees' (Lord Salisbury's)
scheme, 160 ; Liberal Members of Education Authorities,
Draft Bill of, drawn up at conferences held on the invitation
of the National Educational Association, 131 ; Manchester
Education Concordat (Salford Roman Catholic Diocesan
School Association's draft scheme), 265 ; Parents' Com-
mittees, Scheme of Mr. Hakluyt Egerton for, 105 ; Roman
Catholics, The educational claims of, as set forth by the
English Roman Catholic Hierarchy in 1906, 251; "Sine
Nomine " scheme, 208 ; Smith's, Dr. P. V. Bill, 89.
and suggestions as to religious difficulty in education, List of
those received by the Editors, 340-43.
Schools Sites Acts (1841 and 1853), 321.
Secondary Schools, Regulations of Board of Education for, Provi-
sions as to religious instruction in, 303-4.
Shakespeare, Rev. J. H., 200.
" Sine Nomine," Education scheme, 208.
Single School Areas, Treatment of, 63, 74-5, 88, 126, 142, 167,
175-6, 177, 191, 197, 206, 262, 266.
Smith, Dr. P. V., Education Acts Amendment Bill, 89.
State, English, its relation to elementary education, 1833-1870, dis-
tinctively a policy of assistance not of provision, 287.
TEACHERS, Appointment of, in relation to giving of religious instruc-
tion, 30, 34, 40-1, 51-2, 54-5, 57-8, 75, 90, 95, 100, 118-9,
128, 144-5, 153. i6i| 163-4, 165, 171, 187-90, 199-205,
228-9, 244-7, 254-5, 275, 276.
Technical Instruction Act, 1889, Provisions as to religious instruc-
tion in, 298-9.
Training Colleges, Changes made by Regulations of 1907, 304-7 ;
preparation of students in, to give instruction in and explana-
tions of the Bible, as suited to the capacities of children,
required by Board of Education's Regulations, 1909 (after-
wards withdrawn), 307-8 ; Church, regulations for admission
350 Index
of candidates to, 337-9 ; annexes for undenominational
students in denominational, 338 ; Modus vivendi in regard
to > 337-8 ; need for a permanent settlement in regard to
denominational, 338.
Training Colleges, Recognition of variety in religious character of,
49, 190, 271 ; religious instruction in, 49, 174, 182 ;
prohibition of appointment of teachers with reference
to religious creed in receiving grants of public money,
r 45 ! 53> !55, 2 44j provision for appeals in case of
dismissal of teachers, 191.
Trust Deeds, model, of Wesleyan schools, 328-9 ; of Roman
Catholic schools, 329-31.
Tynan, Monsignor, 273.
UNDENOMINATIONAL religious teaching, Undesirable to give sole
recognition to, in national education, 10 ; difference of
opinion among the editors as to value of, 12 ; affected by
Biblical criticism, 14 ; preferential treatment of, in Council
schools, difference of opinion among the editors in regard to,
22 ; should be recognized equally with denominational, 23.
students, Annexes for in denominational training colleges, 338.
VOLUNTARY school buildings, Proposed terms of transfer of, 45-7,
I3S-7, 143-4, 15, 156-7, 176-8, 212, 230-1.
WELSH Intermediate Education Act, 1889, Provisions as to religious
instruction in, 302-3.
Wesleyan Methodist Chapel in South Street, Wandsworth, Judg-
ment (1909) on trust deed of, 326-7.
Schools, model trust deeds of, 328-9.
West Riding County Council, Attorney-General versus (1906), 91.
Western Australia, Facilities afforded to Salvation Army in schools
of, 238.
Westminster, Archbishop of, Lenten Pastoral on educational claims
of Roman Catholics (1906), 251.
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