State aid given to

other re

ligions.

strife. But the state, superior to sectarian animosities, calmly acknowledged the claims of Catholic subjects upon its justice and liberality. Governing a vast empire, and ruling over men of different races and religions, it had already aided the propagation of doctrines which it disowned. In Ireland itself, the state has provided for the maintenance of Roman Catholic chaplains in prisons and workhouses. A different policy would have deprived the inmates of those establishments of all the offices and consolations of religion. It has provided for the religious instruction of Catholic soldiers; and since the reign of William III. the Presbyterians of Ireland have received. aid from the state, known as the Regium Donum. In Canada, Malta, Gibraltar, the Mauritius and other possessions of the crown, the state has assisted Catholic worship. Its policy has been imperial and secular, not religious.

Queen's colleges, Ireland, 1845.

In the same enlarged spirit of equity, Sir Robert Peel secured, in 1845, the foundation of three new colleges in Ireland, for the improvement of academical education, without religious distinctions. These liberal endowments were mainly designed for Catholics, as composing the great body of the people; but they who had readily availed themselves of the benefits of national education, founded on the principle of a combined literary and separate religious instruction, repudiated these new institutions. Being for the use of all religious denominations, the peculiar tenets of no particular sect could be allowed to form part of the ordinary course of instruction; but lecturerooms were assigned for the purpose of religious teaching, according to the creed of every student.1 The Catholics, however, withheld their confidence from a system in which their own faith was not recognized as predominant; and denounced the new colleges as "godless." The Roman Catholic Synod of Thurles prohibited the clergy of their commun

1 Hans. Deb., 3d Ser., lxxx. 345; 8 & 9 Vict. c. 66.

1

ion from being concerned in the administration of these establishments; and their decrees were sanctioned by a rescript of the Pope.2. The colleges were everywhere discountenanced as seminaries for the sons of Catholic parents. The liberal designs of Parliament were so far thwarted; yet, even under these discouragements, the colleges have enjoyed a fair measure of success. A steady increase of pupils of all denominations has been maintained; the education is excellent; and the best friends of Ireland are still hopeful that a people of rare aptitude for learning will not be induced, by religious jealousies, to repudiate the means of intellectual cultivation, which the state has invited them to accept.

1 August, 1850.

2 May 23d, 1851.

8

8 In 1858 the commissioners of inquiry reported: - "The colleges cannot be regarded otherwise than as successful."— Report of Commissioners, 1858, No. [2413]. In 1860, the entrances had increased from 168 to 309; and the numbers attending lectures, from 454 to 752. Of the latter number, 207 were members of the Established Church; 204, Roman Catholics; 247, Presbyterians; and 94 of other persuasions. Report of President for 1860-61, 1862, No. [2999].

CHAPTER XV.

Local Government the Basis of Constitutional Freedom: - Vestries:Municipal Corporations in England, Scotland, and Ireland: - Local Improvement and Police Acts:- Local Boards constituted under General Acts: Courts of Quarter Sessions.

Local govern

ment the

basis of constitutional freedom.

THAT Englishmen have been qualified for the enjoyment of political freedom, is mainly due to those ancient local institutions by which they have been trained to self-government. The affairs of the people have been administered, not in Parliament only, but in the vestry, the town-council, the board-meeting, and the Court of Quarter Sessions. England alone among the nations of the earth has maintained for centuries a constitutional polity; and her liberties may be ascribed, above all things, to her free local institutions. Since the days of their Saxon ancestors,1 her sons have learned, at their own gates, the duties and responsibilities of citizens. Associating for the common good, they have become exercised in public affairs. Thousands of small communities have been separately trained to self-government: taxing themselves, through their representatives, for local objects: meeting for discussion and business; and animated by local rivalries and ambitions. The history of local government affords a striking parallel to the general political history of the country. While the aristocracy was encroaching upon popular power in the government of the state, it was making advances, no less sure, in local institutions. The few were gradually appropriating the franchises which were the birthright of the many; and again,

1 Palgrave's English Commonwealth, i. 628; Allen's Prerog., 128.

as political liberties were enlarged, the rights of self-government were recovered.

Every parish is the image and reflection of the state. The land, the church, and the commonalty share in The parish. its government: the aristocratic and democratic elements are combined in its society. The common law, in its grand simplicity,― recognized the right of all the rated pa- The vestry. rishioners to assemble in vestry, and administer parochial affairs. But in many parishes this popular principle The select gradually fell into disuse; and a few inhabitants, vestry. self-elected and irresponsible, claimed the right of imposing taxes, administering the parochial funds, and exercising all local authority. This usurpation, long acquiesced in, grew into a custom, which the courts recognized as a legal exception from, the common law. The people had forfeited their rights; and select vestries ruled in their behalf. So absolute was their power, that they could assemble without notice, and bind all the inhabitants of the parish by their vote.2

This single abuse was corrected by Mr. Sturges Bourne's Act in 1818:3 but this same act, while it left Mr. Sturges select vestries otherwise unreformed, made a fur- Bourne's Act, 1818. ther inroad upon the popular constitution of open vestries. Hitherto every person entitled to attend had enjoyed an equal right of voting; but this act multiplied the votes of vestrymen, according to the value of their rated property one man could give six votes: others no more than one. An important breach, however, was made in the exclusive system of local government, by Sir John Hobhouse's Vestry Act, passed during the agitation Hobhouse's Act, 1831. for parliamentary reform. The majority of rate

Sir John

1 Shaw's Par. Law, c. 17; Steer's Par. Law, 253; Toulmin Smith' Parish, 2d ed., 15-23, 46-52, 288-330.

2 Gibson's Codex, 219; Burn's Eccl. Law, iv. 10, &c.; Steer, 251.

8 58 Geo. III. c. 69, amended by 59 Geo. III. c. 85, 7 Will. IV., and 1 Vict. c. 35; Report on Poor Laws, 1818.- Hans. Deb., 1st Ser., xxxvììi, 573.

4 1 & 2 Will. IV. c. 60; Oct. 20th, 1831; Toulmin Smith's Parish, 240.

payers, in any parish within a city or town, or any other parish composing 800 householders rated to the poor, were empowered to adopt this act. Under its provisions, vestries were elected by every rated parishioner: the votes of the electors were taken by ballot: every ten pound householder, except in certain cases,1 was eligible as a vestryman; and no member of the vestry was entitled to more than a single vote. This measure, however democratic in principle, did little more than revert to the policy of the common law. It was adopted in some populous parishes in the metropolis and elsewhere: but otherwise has had a limited operation.2

Municipal

8

The history of municipal corporations affords another example of encroachments upon popular rights. corporations, The government of towns, under the Saxons, was England. no less popular than the other local institutions of that race; and the constitution of corporations, at a later period, was founded upon the same principles. All the settled inhabitants and traders of corporate towns, who contributed to the local taxes, had a voice in the management of their own municipal affairs. The community, enjoying corporate rights and privileges, was continually enlarged by the admission of men connected with the town by birth, marriage, apprenticeship, or servitude, and of others, not so connected, by gift or purchase. For some centuries after the conquest, the burgesses assembled in person, for the transaction of business. They elected a mayor, or other chief mag

1 In the metropolis, or in any parish having more than 3000 inhabitants a 401. qualification was required. In the metropolis, however, the act wa superseded by the metropolis local management act, 1855. — Infra, 477. 2 In 1842, nine parishes only had adopted it. - Parl. Paper, 1842, No. 564.

8 Palgrave's English Commonwealth, i. 629; Merewether and Stephens's Hist. of Boroughs, Introd. viii.; Kemble's Hist., ii. 262; Lappenberg's England, App.; Hallam's Middle Ages, ii. 153.

4 Report of Commissioners on Municipal Corporations, 1835, p. 16; Merewether and Stephens's Hist., Introd., v. 1, 10, &c.; Hallam's Middle Ages, ii. 155.