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Cowper

enacted by section 14 of the Act of 1870, commonly known The as the Cowper-Temple clause, that "no religious catechism Temple or religious formulary which is distinctive of any particular clause. denomination shall be taught in the school." This section is not in practice any valid protection for Jewish children, because the Board of Education has held that under it, although the catechism of any particular Christian sect may not be taught, yet the Lord's Prayer and the Apostles' Creed (being common to all Christian sects) may be subjects of instruction, and that portions of the Bible, including of course the New Testament, may be read, and such explanations given as are conformable to the principles of the Christian religion. On the other hand, under the conscience and time-table clause already referred to this religious instruction can only be given at the beginning or end of the school hours, and Jewish parents have an absolute right to withdraw their children while the lessons in religion are being taught. As in most schools separate instruction in secular subjects is given to children withdrawn from the religious teaching or observances, if Jews desire that their children attending such schools shall receive instruction in their own religion, it is necessary for them to supply it at their own expense, and in hours not included in the regular school time. This is done in many of the London public elementary schools by the Jewish Religious Education Board, and there are similar Jewish bodies performing the same duty in Manchester and other towns where there is a large Jewish population.

instruc

provided

In non-provided or voluntary schools the religious Religious instruction shall, as regards its character, be in accordance tion in with the provisions (if any) of the trust deed relating nonthereto, and shall be under the control of the managers1. schools. In order that the provisions of the trust deed may be effectually executed, it is enacted that, though the managers of such schools are bound to carry out the directions of the local education authority as to secular education, yet those 1 Education Act, 1902 (2 Edw. VII, cap. 42), sec. 7 (6).

Higher

grade and

schools.

directions shall not be such as to interfere with reasonable facilities for religious instruction during school hours. And further, the managers are given the power of dismissing a teacher without the consent of the local education authority on grounds connected with the giving of religious instruction in the school1. There are several such Jewish schools to be found in London and the larger provincial centres, and it should be remembered that to these schools also the conscience and time-table clauses are strictly applicable.

Public higher grade and technical schools are schools either technical provided by or receiving pecuniary assistance from local authorities under various recent Acts of Parliament, which provide a higher education than that given in the public elementary schools. Section 4 of the Education Act, 1902, enacts with regard to the religious instruction to be given at these schools as follows: "(1) A council shall not require that any particular form of religious instruction or worship, or any religious catechism 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 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). (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 1 Education Act, 1902, sec. 7 (1) (a) and (c).

from attending any Sunday school, place of religious worship, religious observance, or instruction in religious subjects in the school or college or elsewhere; and

"(b) The times for religious worship or for any lesson on a religious subject shall be conveniently arranged for the purpose of allowing the withdrawal of any such scholar therefrom."

schools.

The law as to poor-law schools has little interest for the Poor-law Jews, who rightly pride themselves on saving their poorer brethren from resorting to the workhouse; so that there are comparatively few children in workhouse schools; where, however, Jewish children are dependent on the union, the guardians may avail themselves of the provisions of the Poor Law (Certified Schools) Act, 1862, enabling them to send a poor child to any school certified as fit for the purpose, but by the Act no child may be sent to any school which is conducted on the principles of a religious denomination to which he does not belong, and the Poor Law (now the Local Government) Board, if of opinion that any person is aggrieved by any child being so sent or kept at any school, may order its immediate removal1.

tory

schools.

Reformatory schools are established for the better training Reformaof youthful offenders, i. e. of persons under the age of sixteen years convicted of an offence punishable with penal servitude or imprisonment. Such persons may by the court or justices be committed to a certified reformatory school, but in choosing the school regard must be bad to their religious persuasion, which should be ascertained and specified by the committing authority in the order of committal. Moreover, they are to be allowed to receive visits from a minister of their religious persuasion at certain fixed hours of the day for the purpose of receiving religious assistance and instruction in the principles of their religion. There is also a further provision entitling the parent, guardian, or nearest adult relative to procure the removal 25 & 26 Vict., cap. 43.

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Industrial
schools.

of a youthful offender from one reformatory school to another conducted in accordance with his religious persuasion, by applying to the court or magistrates by whom the sentence was pronounced, provided that the application is made before the offender has been in the school thirty days, and that the managers of the school named by the applicant are willing to receive the offender1. The Secretary of State has also power to remove an offender from one reformatory school to another, or discharge him altogether.

Industrial schools differ from reformatory schools in that they are established not for the punishment and reform of offenders, but for the protection of children whom the benefits of the ordinary system of education fail to reach. To these schools magistrates are empowered to commit children for a variety of reasons enumerated in the Industrial Schools Act, the provisions of which in relation to the choice of a school conducted in accordance with the parents' religious persuasion, the visiting of the child by a minister of its own denomination, and the right of the parent or nearest adult relative to procure the removal of the child to another school conducted in accordance with the child's religious belief, are precisely the same as those already set out in the case of reformatory schools 2. It has been found expedient to establish a Jewish Industrial School for boys at Hayes in Middlesex and a second Jewish Industrial School for girls has recently been organized.

1 Reformatory Schools Act, 1866 (29 & 30 Vict., cap. 117, secs. 14, 16). 2 See The Industrial Schools Act, 1866 (29 & 30 Vict., cap. 118, secs. 18, 25, and 20). (See Model rules, Dumsday and Mothersole, p. 715.)

IX.

THE POLITICAL RIGHTS OF ENGLISH JEWS.

to take

oaths the

cause of

dis

WHEN considering the acquisition of political rights by The the Jews, credit is often given to our legislators for never obligation having enacted laws with the express object of depriving certain Jews of all share of political power. The gratitude for caus this mercy need not be excessive, for, without any special Jewish legislation, the Jews were effectually excluded from such abilities. power under the law as it existed at the time of their return, nor were the governing classes at all hasty in removing disabilities which, if not intentionally imposed, were at least deliberately maintained. The disabilities in question were occasioned by the necessity for those engaged in public affairs to take certain oaths, known as the oaths of allegiance, supremacy, and abjuration, of which it becomes necessary to give a more particular account.

of allegi

ance and

macy.

Until the period of the Reformation the oath of allegiance The oath appears to have been bound up with the rendering of homage and fealty, but when the Church of England repudiated all supreconnexion with the Roman Pontiff and acknowledged the king as its supreme head, it was thought necessary to frame a new oath of allegiance, embodying also an oath of supremacy or recognition that the king to whom allegiance was sworn possessed sovereign power, and was himself subject to no foreign potentate, ecclesiastical or lay. It will be unnecessary to do more than mention the statutes on this subject passed in the reign of Henry VIII, namely, 25 Hen. VIII, c. 22; 26 Hen. VIII, c. 2; 28 Hen. VIII, c. 7; id., c. 10; and 35 Hen. VIII, c. 1, because these were repealed during the short Papist revival under Queen Mary. More attention must be paid to the Act of Supremacy (1 Eliz., c. 1), the ninth section of which creates a new oath in terms as

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