VOLUME IX SLICE IV England to English Finance (continued 4)

The district council are empowered to provide hospitals or temporary places for the reception of the sick. They may build them, contract for the use of them, agree for the reception of the sick inhabitants of their district into an existing Hospitals. hospital, or combine with any other district council in providing a common hospital. As has already been mentioned when dealing with county councils, if a district council make default in providing hospital accommodation, the county council may put in operation the Isolation Hospitals Act. The power given to provide hospitals must be exercised so as not to create a nuisance, and much litigation has taken place in respect of the providing of hospitals for smallpox. Up to the present time, however, the courts have refused to accept as a principle that a smallpox hospital is necessarily a source of danger to the neighbourhood, and for the most part applications for injunction on that ground have failed.

Where any part of the country appears to be threatened with or is affected by any formidable epidemic, endemic or infectious disease, the Local Government Board may make regulations for the speedy interment of the dead, house-to-house Epidemics. visitation, the provision of medical aid and accommodation, the promotion of cleansing, ventilation and disinfection, and the guarding against the spread of disease. Such regulations are made and enforced by the district councils. The provisions of the Public Health Acts relating to infectious disease are for the most part extended to ships by an act of the year 1885.

District councils may, and if required by the Local Government Board, must provide mortuaries, and they may make by-laws with respect to the management and charges for the use of the same. Where the body of a person who has died of an Mortuaries. infectious disease is retained in a room where persons live or sleep, or the retention of any dead body may endanger health, any justice on the certificate of a medical practitioner may order the removal of a body to a mortuary and direct the body to be buried within a time limited by the friends of the deceased or in their default by the relieving officer. A district council may also provide and maintain a proper place (otherwise than at a workhouse or at a mortuary) for the reception of dead bodies during the time required to conduct any post mortem examination ordered by a coroner.

Under an act of 1879 the district council have power to provide and maintain a cemetery either within or without their district, and they may purchase or accept a donation of land for that purpose. The provisions of the Cemeteries Cemeteries. Clauses Act 1847 apply to a cemetery thus provided. These cannot all be referred to here, but it may be noted that no part of the cemetery need be consecrated, but that if any part is, such part is to be defined by suitable marks, and a chapel in connexion with the Established Church must be erected in it. A chaplain must also be appointed to officiate at burials in the consecrated portion. The power to provide a cemetery under the act under consideration must not be confounded with that of providing a burial ground under the Burial Acts. These acts will be mentioned later in connexion with the powers of parish councils, for in general they are adopted for a parish, part of a parish or combination of parishes, and are administered by a burial board, except where that body has been superseded by a parish council or joint committee. It may be mentioned, however, that under the Local Government Act 1894, where a burial board district is wholly in an urban district, the urban council may resolve that the powers, duties and liabilities of the burial board shall be transferred to the council, and thereupon the burial board may cease to exist. And it is provided by the same act that the Burial Acts shall not hereafter be adopted in any urban parish without the approval of the urban council. The distinction between a burial ground provided under the Burial Acts and a cemetery provided under the act of 1879 is important in many ways, of which one only need be mentioned here—the expenses under the Burial Acts are paid out of the poor rate, while the expenses under the act of 1879 are paid in an urban district out of the general district rate, the incidence of which differs materially from that of the poor rate, as will be seen hereafter.

In an urban district the urban council have always had all the powers and duties of a surveyor of highways under the Highway Acts. But before 1894 a rural district council had no power or duty in respect of highways except in a few Highways. cases where, by virtue of a provision in the Highway Act 1878, the rural sanitary authority of a district coincident in area with a highway district were empowered to exercise all the powers of a a highway board. Except in these cases the highway authority in a parish was the surveyor of highways, elected annually by the inhabitants in vestry, or in a highway district consisting of a number of parishes united by order of quarter sessions, the highway board composed of waywardens representing the several parishes. By the Local Government Act 1894, there were transferred to the district council of every rural district all the powers, duties and liabilities of every highway authority, surveyor or highway board within their district, and the former highway authorities ceased to exist. The highway authority in every district, rural as well as urban, is therefore the district council. Of the chief duties of a district council with regard to highways, the first and most obvious is the duty to repair. This duty was formerly enforceable by indictment of the inhabitants of the parish, but it is not quite clear whether this procedure is applicable, now that the liability to repair is transferred to a council representing a wider area. Under the Highway Acts it is enforceable by summary proceedings before justices and by orders of the county council, but in either case, if the liability to repair is disputed, that question has to be decided on indictment preferred against the highway authority alleged to be in default. In a rural district any parish council may complain to the county council that the district council have made default in keeping any highway in repair, and the county council may thereupon transfer to themselves and execute the powers of the district council at the cost of the latter body, or they may make an order requiring the district council to perform their duty, or they may appoint some person to do so at the cost of the district council. It is important to observe, however, that an action does not lie against a district council in respect of the failure to repair a highway even at the suit of a person who has thereby been injured. The reason assigned for this doctrine is that the council as highway surveyor stand in the same position as the inhabitants of the parish, against whom such an action would not lie. The district council are, however, liable for any injury caused through negligence on the part of their officers or servants in carrying out the work of repair.

But while rural as well as urban district councils have the powers and duties of surveyors of highways, the provisions of the Public Health Acts relating to streets apply only in urban districts, except in so far as the Local Government Streets. Board may by order have conferred urban powers upon a rural district council. These provisions have now to be referred to. It may be convenient to state that the expression “street” is here used in a sense much wider than its ordinary meaning. It is defined by the act to include any highway and any public bridge (not being a county bridge), and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not. For certain purposes streets as thus defined are divided into two classes, viz. those which are and those which are not highways repairable by the inhabitants at large. But it has to be borne in mind that it is not every highway that is repairable by the inhabitants at large. Before the year 1836 as soon as a way was dedicated to public use and the public had by user signified their acceptance of it, it became without more notice repairable by the parish. Therefore every highway—whether carriage-way, driftway, bridleway or footway—which can be shown to have been in use before 1836, is presumably repairable by the inhabitants at large, the only exceptions being such highways as are repairable by private persons or corporate bodies ratione clausurae, ratione tenurae, or by prescription. But in the year 1836, when the Highway Act 1835 came into operation, the law was altered. It was possible, just as formerly, to dedicate a way to the use of the public, and it thereupon became a highway to all intents and purposes. But mere dedication did not make the way repairable by the public. That result was not to follow unless certain stringent requirements were fulfilled. When it is shown, therefore, that a highway has been dedicated after 1836, it is not repairable by the inhabitants at large unless it can be shown that these provisions have been complied with, or that it has been declared to be repairable under provisions of the Public Health Acts presently to be mentioned. (There was also power given to justices, by the Highway Act 1862, to declare a private road or occupation road in a highway district to be a public highway repairable by the parish; but this power does not appear to have been acted upon to any extent.)

All streets being highways repairable by the inhabitants at large within an urban district, are vested in and under the control of the urban council. After much litigation it has now been established that this provision does not give the council an absolute property in the soil of the street, but merely such a qualified property in the surfaces as enables them to exercise control. The urban council are required from time to time to cause all such streets to be made up and repaired as occasion may require, and they are empowered to raise, lower or alter the soil of the street, and to place and keep in repair fences and posts for the safety of foot-passengers. The other class of streets consists of those which are not highways repairable by the inhabitants at large. Under the Public Health Act 1875 such streets may be dealt with in manner following:—If any such street or part thereof is not sewered, levelled, paved, metalled, flagged, channelled, made good or lighted to the satisfaction of the council, the council may cause it to be made up at the expense of the owners of premises fronting the street in proportion to their several frontages. When all or any of the works aforesaid have been executed in the street, and the council are of opinion that the street ought to become a highway repairable by the inhabitants at large, they may by notice to be fixed up in the street declare it to be a highway repairable by the inhabitants at large, and the declaration will be effective unless, within one month after the notice has been put up, the majority of the owners in the street object thereto. An alternative procedure has been provided by the Private Street Works Act, which may be adopted by any urban council. One important point of difference is that under the latter act the council may resolve that the expenses shall be apportioned among the owners not merely according to frontage, but according to the greater or less degree of benefit to be derived by any premises from the works.

Where a house or building in a street is taken down to be rebuilt, the urban district council may prescribe the line to which it is to be rebuilt, paying compensation to the building owner for any damage which he may sustain consequent upon the requirement. Save to this extent, no power is given by the general law to a district council to prescribe a building line. But under an act of 1888 it is provided that it shall not be lawful in any urban district without the consent of the urban authority to erect or bring forward any house or building in any street or any part of such house or building beyond the front main wall of the house or building on either side thereof in the same street.

The control exercised by an urban district council over streets and buildings is to a very large extent exercised through by-laws which they are empowered to make for various purposes relating to the laying out and formation of new streets, the erection and construction of new buildings, the provision of sufficient air-space about buildings to secure a free circulation of air, and the provision of suitable and sufficient sanitary conveniences. The manner in which such by-laws are made and confirmed will be hereafter noticed. In general, the by-laws require plans of new streets to be submitted to the council, and they are required to approve or disapprove of these plans within a month. They cannot disapprove of a plan unless it contravenes the provisions of some statute or by-law; but if a person builds otherwise than according to an approved plan he does so at the risk of having his work pulled down or destroyed. Among the miscellaneous powers of an urban council with respect to streets may be mentioned the power to widen or improve, and certain powers incorporated from the Towns Improvement Clauses Act 1847, with respect to naming streets, numbering houses, improving the line of streets, removing obstructions, providing protection in respect of ruinous or dangerous buildings, and requiring precautions to be taken during the construction and repair of sewers, streets and houses. An urban council may also provide for the lighting of any street in their district, and may contract with any person or company for that purpose. If there is no company having statutory powers of supply within their district, they may themselves undertake the supply of gas, and they may purchase the undertaking of any gas company within their district.

An urban council may acquire and maintain lands for the purpose of being used as public walks or pleasure-grounds, and may support or contribute to the support of such walks or grounds if provided by any other person. They may also contribute Public parks. to the cost of laying out, planting or improvement of lands provided for this purpose by any person, in their own district or outside that district, if it appears that the walks or grounds could eventually be used by the inhabitants of that district. An urban council may also provide public clocks or pay for the reasonable cost of repairing and maintaining any public clocks in the district, though not vested in them.

Where an urban council are the council of a borough, and in other cases with the consent of the owners and ratepayers of the district, they may provide market accommodation for their district. They may not, however, establish any Markets and slaughter-houses. market so as to interfere with any market already established in the district under a franchise or charter. For purposes of markets certain provisions of the Markets and Fairs Clauses Act 1847 are incorporated with the Public Health Act. The only one of these that need be noticed is that which provides that after the market is opened for public use every person, other than a licensed hawker, who shall sell or expose for sale in any place within the district, except in his own dwelling-place or shop, any articles in respect of which tolls are authorized to be taken shall be liable to a penalty. The tolls which may be taken by an urban council must be approved by the Local Government Board; and any by-laws which they make for the regulation of the market must be confirmed by the same body. An urban council may also provide slaughter-houses and make by-laws with respect to the management and charges for the use of them. Where they do not provide slaughter-houses, all previously existing slaughter-houses have to be registered and new ones licensed; and no person may lawfully use a slaughter-house which is not either registered or licensed. Licences may be suspended by justices in the event of their being used contrary to the provisions of the act or of the by-laws, and on a second conviction the licence may be revoked. On a conviction of selling or exposing for sale, or having in his possession or on his premises unsound meat, the court may also revoke the licence.

Certain police regulations contained in the Town Police Clauses Act 1847 are by virtue of the Public Health Act 1875 in force in all urban districts. These relate to obstructions and nuisances in streets, fires, places of public resort, Hackney carriages, &c. hackney carriages and public bathing. An urban council may also license proprietors, drivers and conductors of horses, ponies, mules or asses standing for hiring in the district in the same way as in the case of hackney carriages, and they may also license pleasure boats and vessels, and the boatmen or persons in charge thereof, and they may make by-laws for all these purposes.

Every district council may enter into such contracts as are necessary for carrying into execution the various purposes of the Public Health Acts. A district council being a corporation, the general law applies in the case of a rural council Contracts, purchase of lands. that they must contract under their common seal, the exception to this rule including the doing of acts very frequently recurring or too insignificant to be worth the trouble of affixing the common seal. In the case of an urban council certain stringent regulations are laid down. A contract made by an urban council, whereof the value and amount exceed £50, must be under seal, and certain other formalities must be observed, some of which are imperative; for example, the taking of sureties from the contractor, and the making provision for penalties to be paid by him in case the terms of the contract are not observed. Every local authority may also, for purposes of the act, purchase or take on lease, sell or exchange, any lands. Such lands as are not required for the purpose for which they were purchased must, unless the Local Government Board otherwise direct, be sold. Powers of compulsory purchase of lands are also given under the Lands Clauses Acts, but before these can be put in operation certain conditions must be observed. The Local Government Board must make inquiry into the propriety of allowing the lands to be taken, and the power to acquire the lands compulsorily can only be conferred by means of a provisional order confirmed by parliament.

With regard to the by-laws which district councils may make for many purposes, the subjects of which have been already from time to time mentioned, it is only necessary to state that these require to be confirmed by the Local Government By-laws. Board. Such confirmation does not, however, give validity to a by-law which cannot be justified by the provisions of the act, and many by-laws which have been so confirmed have been held to be invalid under the general law as being uncertain, unreasonable or repugnant to the law of the realm. For the guidance of local authorities, the Local Government Board have from time to time issued model series of by-laws dealing with the various subjects for which by-laws may be made, and these are for the most part followed throughout England and Wales.

As a general rule, all the expenses of carrying into execution the Public Health Acts in an urban district fall upon a fund which is called the general district fund, and that fund is provided by means of a rate called the general district rate. To Finance. this there are some exceptions. First, in the case of boroughs where from the time of the first adoption of the Sanitary Acts these expenses have been paid out of the borough rate, the expenses continue to be so paid; and in an urban district which was formerly subject to an Improvement Act, the expenses may be payable out of the improvement rate authorized by that act. The general rule, however, prevails over by far the greater part of England and Wales. The general district rate is made and levied on the occupiers of all kinds of property for the time being assessable to any rate for the relief of the poor, subject to a few exceptions and conditions. Of these the first is that the owner may be rated instead of the occupier, at the option of the urban authority, where the value of the premises is under £10, where the premises are let to weekly or monthly tenants, or where the premises are let in separate apartments, or the rents become payable or are collected at any shorter period than quarterly. When the owner is rated he must be assessed upon a certain proportion only of the net annual value of the premises. The owners or occupiers of certain specified properties are assessed in respect of the same in the proportion of one-fourth part only of the net annual value thereof. These properties include tithes, tithe commutation rent charge, land used as arable, meadow or pasture ground only, or as woodlands, market gardens or nursery grounds, orchards, allotments, any land covered with water such as the reservoir of a waterworks company, or used only as a canal or towing-path of the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance. The reason for these partial exemptions apparently is that sanitary arrangements are made chiefly for the benefit of houses and buildings, while the properties just enumerated do not receive the same amount of benefit. The only other point to be noticed in this connexion is that an urban council may divide their district into parts for all or any of the purposes of the act, rating each part separately for those purposes. The expenses of highways in an urban district fall as a rule upon the general district rate, but under certain conditions, which need not be here set out, a separate highway rate may have to be levied. The urban council have extensive powers of amending the rate, and the rate is collected in such manner as the urban authority may appoint.

The expenses of a rural district council are of two kinds. Of these the first is called general expenses, and it includes the expense of the establishment and officers of the council, of disinfection, providing of conveyance for infected persons, and the expenses of highways. These expenses are payable out of a common fund which is raised out of the poor rate of the several parishes in the district, according to the rateable value of each. Special expenses include the expenses of the construction and maintenance and cleansing of sewers, providing water-supply, and all other expenses incurred or payable in respect of a parish or contributory place within the district determined by order of the Local Government Board to be special expenses. The expression “contributory place” means a place other than a parish chargeable with special expenses. For the most part it has reference only to what is called a special drainage district, that is to say, a district formed out of one or more parishes or parts of parishes for the purpose of the provision of a common water-supply, or scheme of sewerage, or the like, and in the event of such a district including part only of a parish, the remaining portion would, so far as the special expenses for which the district was created are concerned, be a separate contributory place. These special expenses are chargeable to each parish or contributory place, and they are defrayed by means of special sanitary rates, such rates being raised on all property assessed to the relief of the poor, but with the same exemptions of certain properties as have been mentioned under the head of general district rate in urban districts.

District councils are empowered to borrow with the sanction of the Local Government Board, subject to certain restrictions and regulations. The money must be borrowed for permanent works, the expenses of which ought in the opinion of the Borrowing powers. Local Government Board to be spread over a term of years which must not exceed sixty. The sums borrowed must not exceed, with the outstanding loans, the amount of the assessable value for two years of the district for which the money is borrowed; and if the sum borrowed would, with the outstanding loans, exceed the assessable value for one year, the sanction of the Local Government Board may not be given except after local inquiry. The money may be repaid by equal instalments of principal, or of principal and interest, or by means of a sinking fund.

Where the urban council are the council of a borough, their accounts as urban council are made up and audited in the same ineffective manner as has already been mentioned in the case of the accounts of the council under the Municipal Audit. Corporations Act, but each of the borough auditors receives remuneration for auditing the accounts of the council as urban district council. Where the urban council are not the council of a borough, the accounts are made up annually, and audited by the district auditor in the same effective manner as has already been mentioned in the case of the accounts of a county council. The accounts of a rural district council are made up half-yearly and are audited in the same way.

The Public Authorities Protection Act 1893 was passed to repeal the numerous provisions contained in many acts of parliament, whereby, before legal proceedings could be taken against a public body, notice of action had to be given and the Proceedings against district councils. proceedings commenced within a certain limited time. The act applies to all public authorities, including, of course, district councils, and it provides in effect that where any action or legal proceeding is taken against a council for any act done in pursuance or execution, or intended execution, of an act of parliament, or of any public duty or authority, the action must be commenced within six months next after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within six months next after the ceasing thereof. And it provides further that, in the event of the judgment of the court being given in favour of the council, the council shall be entitled to recover their costs taxed as between solicitor and client. Notice of action is abolished in every case.

Among other acts which are either incorporated with the Public Health Acts or have been passed subsequently to them, one of the most important is the Housing of the Working Classes Act 1890. It contains three distinct parts. Under the first an Housing of the working classes. urban district council may, by means of a scheme, acquire, rearrange and reconstruct an area which has been proved to be insanitary. The scheme has to be confirmed by the Local Government Board, and carried out by means of a provisional order. The second part of the act deals with unhealthy dwelling-houses, and requires the urban district council to take steps for the closing of any dwelling-houses within their district which are unfit for human habitation. The third part of the act deals with what is called in the act working-class lodging-houses. But the expression is a little misleading, for it includes separate houses or cottages for the working classes, whether containing one or several tenements, and the expression “cottage” may include a garden of not more than half an acre, provided that the estimated annual value of such garden shall not exceed £3. This part of the act may be adopted by a rural district council, but an urban district council can carry it into execution without formal adoption. Land may be acquired for erecting lodging-houses as above defined, and these, when erected, may be managed and let by the council.

The urban district council may adopt the provisions of the Baths and Washhouses Acts, and thereunder provide public Baths and wash-houses. baths, wash-houses, open bathing-places, covered swimming baths, which they may close in the winter months and use as gymnasia.

Under the Tramways Act 1870 the urban district council may obtain from the Board of Trade a provisional order authorizing the construction of tramways in their district by themselves. Any private persons, and any corporation or company Tramways. may, with the consent of the council, obtain the like authority, but the Board of Trade have power in certain cases to dispense with the consent of the local authority. Where the order is obtained by a person or body other than the district council, the council may purchase the undertaking at the end of twenty-one years after the tramways have been constructed or at the expiration of every subsequent period of seven years, and the terms of purchase are that the person or company must sell the undertaking upon payment of the then value, exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever of the tramway, and all lands, buildings, works, materials and plant suitable to and used for the purposes of the undertaking. It should be observed, however, that although the local authority may themselves construct, and may acquire from the original promoters a system of tramways, they may not themselves work them without special authority of the legislature, and must in general let the working of the undertaking to some person or company.

Under the Borough Funds Act 1872 the urban district council may, if in their judgment it is expedient, promote or oppose any local and personal bill or bills in parliament, or may prosecute or defend any legal proceedings necessary for Bills in Parliament and legal proceedings. the promotion or protection of the interests of the district, and may charge the costs incurred in so doing to the rates under their control. The power to incur parliamentary costs, however, is subject to several important restrictions. The resolution to promote or oppose the bill must in the first instance have been carried by an absolute majority of the whole number of the council at a meeting convened by special notice, and afterwards confirmed by the like majority. The resolution must have been published in newspapers circulated in the district, and must have received the consent of the Local Government Board or of a secretary of state, if the matter is one within his jurisdiction; and further, the expenses must not be incurred unless the promotion or opposition has been assented to by the owners and ratepayers of the district assembled at a meeting convened for the purpose of considering the matter, and if necessary, signified by a poll. Moreover, the expenses must, before they can be charged to the rates, be examined and allowed by some person authorized by a secretary of state or the Local Government Board, as the case may be.

Under the Pawnbrokers Act 1872 the licences to pawnbrokers, which were formerly granted by justices, are now granted by district councils.

Under the Sale of Food and Drugs Acts certain important duties devolve upon medical officers and inspectors of nuisances who are officers of district councils. But for the most part the acts do not impose upon district councils themselves Adulteration. any special powers or duties, although, as a matter of fact, prosecutions for offences are usually undertaken by the district councils, and the expenses of the execution of the acts are paid out of their funds. In quarter sessions boroughs, however, where the council have the duty of appointing a public analyst, they are under an obligation to put the acts in force from time to time, as occasion may arise. The acts themselves must be consulted for the procedure, beginning with the taking of samples and ending with the conviction of an offender.

The powers and duties of a district council under the Rivers Rivers pollution. Pollution Prevention Act 1876 have been incidentally noticed when dealing with county councils, whose powers under the acts are precisely the same.

Under the Electric Lighting Acts the Board of Trade may license any district council to supply electricity, or may grant to them a provisional order for the same purpose. A similar licence or order may be granted to a private person or Electric lighting. company to supply electricity within the district of a district council, but in that case the consent of the district council must be given, unless the Board of Trade, for special reasons, dispense with such consent. These licences are now rarely applied for or granted, and the provisions which were formerly contained in the provisional orders have now been consolidated by the Electric Lighting Clauses Act 1899, the effect of which will be to make provisional orders uniform for the future. It is now almost the exception, at least in urban districts, to find a district council which has not obtained a provisional order under these acts, and for the most part the undertakings of local authorities in the way of supplying electricity have been very prosperous.

Under the Allotment Acts district councils were empowered to provide allotments for the labouring population of their district, if they were satisfied that there was a demand for allotments, that these could not be obtained at a reasonable Allotments. rent by voluntary arrangement, and that the land could be let at such a price as would not involve a loss to the council. The district council might acquire land, let it and regulate it, and they might provide common pasture. These powers were, by an act of 1907, transferred to parish councils.

The urban district council execute the Public Libraries Acts for their district, and the rate for the expenses of the acts, which may not exceed 1d. in the £, is in a borough in the nature of a borough rate, and in any other urban district in Public libraries. the nature of a general district rate. Under the acts not only public libraries, but also public museums, schools for science, art galleries and schools for art, with the necessary buildings, furniture, fittings and conveniences, may be provided for the inhabitants of the district. Land may be acquired, and money borrowed, for the purposes of the acts.

A great number of other statutes confer powers or impose duties upon district councils, such as the acts relating to town gardens, agricultural gangs, fairs, petroleum, infant life protection, commons, open spaces, canal boats, factories and workshops, margarine, sale of horse-flesh and shop hours.

Before the passing of the Local Government Act 1894 there was really nothing in the form of local government for a parish. It is true that the inhabitants in vestry had certain powers. They could adopt various acts, which will be The parish and the parish council. more particularly referred to hereafter, and they could appoint the persons who were to carry these acts into execution. They elected the churchwardens and overseers, the highway surveyor, if the parish was a separate unit for highway purposes, and the waywardens if it was included in a highway district. But there was nothing in the nature of a representative body exercising any powers of government in the parish regarded as a separate area. Under the act of 1894 this was changed. In every rural parish, that is to say, in every parish which is not included within an urban district, there is a parish meeting, which consists of the parochial electors of the parish. As already stated, these are the persons whose names are on the parliamentary and local government registers. If the parish has a population exceeding 300, a parish council must be elected. If it has a population of 100 or upwards, the county council are bound to make an order for the election of a parish council if the parish meeting so resolves. Where there is no parish council, as will be seen hereafter, the various powers conferred upon a council are exercised by the parish meeting itself. Two or more parishes may be grouped together under a common parish council by order of the county council if the parish meetings of each parish consent. An annual parish meeting in every rural parish must be held on the 25th day of March or within seven days before or after that date; and if there is no parish council, there must be at least one other parish meeting in the year. At the annual parish meeting the parish council, if there is one, is elected, and the members of the council, who originally held office for one year only, now, under a subsequent act, hold office for three years. Any person who is a parochial elector, or who has for twelve months preceding the election resided in the parish, or within 3 m. thereof, may be elected parish councillor, and the number of councillors is to be fixed from time to time by the county council, not being less than five nor more than fifteen. Women, whether married or single, are eligible.

The council are elected in manner provided by the rules of the Local Government Board. The rules now in force will be found in the Statutory Rules and Orders. They are very similar to those which are in force with reference to the elections of district councils, which have already been noticed. If a poll is demanded, it must be taken under the Ballot Act, as applied by the rules, and for all practical purposes it may be taken that the election proceeds in the same manner as that of a district council. The parish council elects a chairman annually. He may be one of their own number, or some other person qualified to be a parish councillor. The council is a body corporate, may hold land in mortmain, and can appoint committees for its own parish or jointly with any other parish council. Powers to appoint overseers. Among the powers conferred upon a parish council are those of appointing overseers and of appointing and revoking the appointment of assistant overseers. Churchwardens are no longer overseers, and the parish council may appoint as overseers a number of persons equal to the number formerly appointed as overseers and churchwardens. It may be useful to mention here that for purposes of the administration of the poor law, overseers no longer act, their duties in that respect having been superseded by the guardians. They remain, however, the rating authority so far as regards the poor rate and nearly all other rates, the exceptions being the general district rate in an urban district and the borough rate in a borough, made by the town council. They still have power to give relief to poor persons in case of sudden and urgent necessity, but their principal duty is that of rating authority, and they are bound to make out the lists for their parishes of jurors and electors. No payment is made to them. The office is compulsory, but certain persons are privileged from being elected to it. The assistant overseer, who was formerly nominated by the inhabitants and vestry and then formally appointed by justices, is now, as has been stated, appointed by the parish council. He holds office at pleasure, and receives such remuneration as the council fix, and he performs all the duties of an overseer, or such of them as may be prescribed by the terms of his appointment. There may be in a parish a collector of rates appointed by the guardians. In that event, an assistant overseer cannot be appointed to perform the duties of collector of rates, but, on the other hand, the parish council may invest the collector with any of the powers of an overseer. The parish council may appoint a clerk, who may be either one of their own number without payment, or the assistant overseer, rate collector or some other fit person, with remuneration.

Among the duties transferred to parish councils may be mentioned the provision of parish books and of a vestry room or parochial office, parish chest, fire engine or fire escape, the holding or management of parish property, other than property Powers and duties of parish councils. relating to affairs of the church or held for an ecclesiastical charity, the holding or management of village greens or of allotments, the appointment of trustees of parochial charities other than ecclesiastical charities in certain cases, and certain limited powers with reference to the supply of water to the parish, the removal of nuisances, and the acquisition of rights of way which are beneficial to the inhabitants.

Among the most important of the matters which concern a rural parish is the administration of what are commonly called the adoptive acts. These include the Lighting and Watching Act, the Baths and Washhouses Acts, the Burial Acts, the Public Lighting and Watching Act. Improvement Act and the Public Libraries Acts. The Lighting and Watching Act was formerly adopted for a parish, or part of a parish, by the inhabitants in vestry, who elected lighting inspectors, of whom one-third went out of office in every year. The inspectors took the necessary steps for having the parish lighted (the provisions as to watching having been obsolete for many years), and the expenses of lighting were raised by the overseers upon an order issued to them by the inspectors. The owners and occupiers of houses, buildings and property, other than land, pay a rate in the £ three times greater than that at which the owners and occupiers of land are rated and pay for the purposes of the act. Now this act, like the other adoptive acts, can only be adopted by the parish meeting, and where adopted for part only of a parish, must be adopted by a parish meeting held for that part. After the adoption of the act it is carried into execution by the parish council, if there is one, and if not, by the parish meeting, and the expenses are raised in the same manner as heretofore. Baths and Washhouses Acts. The Baths and Washhouses Acts have already been referred to in dealing with district councils, and it is sufficient to say that they are now adopted and administered in a rural parish in the manner pointed out with reference to the Lighting and Watching Act. The same may be said of the Burial Acts, but these are sufficiently important Burial Acts. to require special notice. These acts contain provisions whereby burials may be prohibited in urban districts, and churchyards or burial grounds already existing may be closed when full. Formerly, when the acts had been adopted by the vestry, it was necessary to appoint a burial board to carry the acts into execution and provide and manage burial grounds. Now, in a rural parish which is coextensive with an area for which the acts have been adopted, the burial board is abolished and the acts are administered by the parish council; and the acts cannot be adopted in a rural parish save by the parish meeting. If the area under a burial board in 1894 was partly in a rural parish and partly in an urban district, the burial board was superseded, and the powers of the board are exercised by a joint committee appointed partly by the urban district council and partly by the parish council, or parish meeting, as the case may be. In a rural parish where there is no parish council, though the acts are adopted by the parish meeting, it is still necessary to elect the burial board, and that board will be elected by the parish meeting. The distinction between a burial ground under the Burial Acts and a cemetery provided under the Public Health Acts has already been noticed. A burial ground, properly so called, has to be divided into consecrated and unconsecrated portions, and the former really takes the place of the parish churchyard; and the incumbent of the parish church, the clerk, and the sexton continue to receive the same fees upon burials in the consecrated portion as they would have done in the parish churchyard. It has been mentioned that a portion of the burial ground must be left unconsecrated. But this is subject to one important exception, that the parish meeting may unanimously resolve that the whole of the burial ground shall be consecrated. In that case, however, the parish council may, within ten years thereafter, determine that a separate unconsecrated burial ground shall also be provided for the parish. The expenses of the execution of the Burial Acts are provided by the overseers out of the poor rate upon the certificate of the body entrusted with the execution of them. In the event of the acts being adopted for a portion only of a rural parish, the burial board, or the parish meeting, may by resolution transfer all the powers of the board to the parish council.

The Public Improvement Act, when adopted, enables a parish council to purchase or lease, or accept gifts of land for the purpose of forming public walks, exercise or play grounds, and to provide for the expense by means of a parish improvement Public Improvement Act. rate. Before any such rate is imposed, however, a sum in amount not less than at least half of the estimated cost of the proposed improvement must have been raised by private subscription or donation, and the rate must not exceed sixpence in the £.

The Public Libraries Acts enable the authority adopting them to provide public libraries, museums, schools for science, art galleries and schools for art. The expenses in a rural parish are defrayed by means of a rate raised with, and as part of, Public Libraries Acts. the poor rate, with a qualification to the effect that agricultural land, market gardens and nursery grounds are to be assessed to the rate at one-third only of their rateable value.

The expenses of a parish council may not, without the consent of a parish meeting, exceed the amount of a rate of threepence in the £ for the financial year; but with the consent of the parish meeting the limit may be increased to sixpence, Finance: expenses of parish council. exclusive of expenses under the adoptive acts. If it is necessary to borrow, the consent of the parish meeting and of the county council must be obtained. The expenses are payable out of the poor rate by the overseers on the precept of the parish council.

One of the most important powers conferred upon a parish council is that which enables them to prevent stoppage or diversion of any public right of way without their consent and without the approval of the parish meeting. The council may also complain to the county council that the district council have failed to sewer their parish or provide a proper water-supply, or generally to enforce the provisions of the Burial Acts; and upon such complaint, if ascertained to be well founded, the county council may transfer to themselves the powers and duties of the district council, or may appoint a competent person to perform such powers and duties. In a parish which is not sufficiently large to have a parish council, most of the powers and duties conferred or imposed on the parish council are exercised by the parish meeting. It may be convenient here to add that where, under the Local Government Act 1894, the powers of a parish council are not already possessed by an urban district council, the Local Government Board may by order confer such powers on the urban council. This has been done almost universally, as far as regards the power to appoint overseers and assistant overseers, and in many cases urban councils have also obtained powers to appoint trustees of parochial charities.

The foregoing is a sketch of the scheme of local government carried out in England and Wales. No attempt has been made to deal with poor law (q.v.) or education (q.v.). The local administration of justice devolving upon the General observations. justices in quarter or petty sessions is hardly a matter of local government, although in one important respect, that, namely, of the licensing of premises for the sale of intoxicating liquors, it may be thought that the duties of justices fall within the scope of local government. It will be seen that the scheme, as at present existing, has for its object the simplification of local government by the abolition of unnecessary independent authorities, and that this has been carried out almost completely, the principal exception being that in some cases burial boards still exist which have not been superseded either by urban district councils or by parish councils or parish meetings. There are also some matters of local administration arising under what are called commissions of sewers. These exist for the purpose of regulating drainage, and providing defence against water in fen lands or lands subject to floods from rivers or tidal waters. The commissioners derive their authority from the Sewers Commission Acts, which date from the time of Henry VIII., from the Land Drainage Act 1861, and from various local acts. It is unnecessary, however, to consider in any detail the powers exercised by commissioners of sewers in the few areas under their control.

Authorities.—G. L. Gomme, Lectures on the Principles of Local Government; S. and B. Webb, English Local Government; Redlich and Hirst, Local Government in England; Wright and Hobhouse, Local Government and Local Taxation; W. Blake Odgers, Local Government; Alex. Glen and W. E. Gordon, The Law of County Government; Alex. Glen, The Law relating to Public Health; The Law relating to Highways; W. J. Lumley, The Public Health Acts (6th ed., by Macmorran and Dill); Macmorran and Dill, The Local Government Act 1888, &c.; The Local Government Act 1894, &c.; Hobhouse and Fairbairn, The County Councillors’ Guide; Pratt, The Law of Highways (15th ed., by W. Mackenzie); Archbold, Law of Quarter Sessions (4th ed., by Mead and Croft); J. Brooke Little, The Law of Burials; Archbold, On Lunacy (4th ed., by S. G. Lushington).

(A. McM.; T. A. I.)

General Bibliography

Among earlier works devoted to, or dealing largely with topography, a few may be mentioned out of a considerable mass. W. Camden, Britannia; sive florentissimorum regnorum Angliae, Scotiae, Hiberniae ... chorographica descriptio (1586 and subsequent editions; in Latin, but translated by several successive writers both in Camden’s time and later); M. Drayton, Poly-Olbion (a descriptive poem, first issued in a complete form in 1622); T. Fuller, History of the Worthies of England (1662); J. Leland, Itinerary, and Collectanea, edited by T. Hearne respectively in 1710 and 1715; T. Cox and A. Hall, Magna Britannia (1720, based on Camden’s Britannia, in English); D. Defoe, Tour through the whole Island of Great Britain ... divided into Circuits or Journeys (1724-1727); various works of Thomas Pennant, published between 1741 and 1820, and, at the same period, of Arthur Young (topographical treatises on agriculture, &c.); W. Gilpin, Observations on Picturesque Beauty made in the Year 1776 in several Parts of Great Britain (1778); Essays on Prints and Early Engravings; Western Parts of England (1798), and other works on various districts; Gentleman’s Magazine (1731-1868); E. W. Brayley, J. Britton and others, Beauties of England and Wales, or, Original Delineation, Topographical, Historical and Descriptive, of each County (1801-1818; both the authors named wrote other descriptive works on special localities; Britton wrote Architectural Antiquities of Great Britain, 1835); Daniel Lysons (with the collaboration of his brother Samuel), Magna Britannia, Topographical Account of the several Counties of Great Britain (1806-1822; the counties were taken alphabetically but on the death of Samuel Lysons in 1819 the work was stopped at Devonshire); Sir G. Head, Home Tour in the Manufacturing Districts of England (1835); Nathaniel Hawthorne, English Notebooks (1870). Among modern publications, out of a great mass of works of more or less popular character, there may be mentioned the well-known series of Murray’s Guides, in which each volume treats of a county or group of counties.

Early in the 20th century the Victoria History of the Counties of England (dedicated to Queen Victoria) began to appear; its volumes deal with each county from every aspect—natural history, prehistoric and historic antiquities, ethnography, history, economic conditions, topography and sport being dealt with by authorities in all branches.

The maps of the Ordnance, Geological and Hydrographic Surveys delineate the configuration and geology of England and the adjacent seas with a completeness unsurpassed in any other country. For ordinary detailed work the best series of maps is found in Bartholomew’s Survey Atlas of England and Wales (Edinburgh Geographical Institute, 1903), which, besides small distributional, physical and other maps and letterpress, contains a magnificent series of coloured-contour maps on the scale of ½ in. to 1 m. (also issued in larger separate sheets).

Statistics of every kind—of climate, agriculture, mining, manufactures, trade, population, births, marriages, deaths, disease, migration, education—are liberally furnished by government agencies.

See also A. J. Jukes-Brown, The Building of the British Islands (London, 1888); Sir A. C. Ramsay, Physical Geography and Geology of Great Britain, edited by H. B. Woodward (London, 1894); Lord Avebury, The Scenery of England and the Causes to which it is due (London, 1902); Sir A. Geikie, Geological Map of England and Wales (scale, 10 m. to 1 in.; Edinburgh, 1897); E. Reclus, Universal Geography, vol. iv., The British Isles, edited by E. G. Ravenstein (London, 1880); H. J. Mackinder, Britain and the British Seas (2nd ed., Oxford, 1907); G. G. Chisholm, “On the Distribution of Towns and Villages in England,” in Geographical Journal, vol. ix. (1897), pp. 76-87; vol. x. (1897), pp. 511-530; A. Haviland, The Geographical Distribution of Disease in Great Britain (London, 1892); A. Buchan, “The Mean Atmospheric Temperature and Pressure of the British Islands” (with maps), Journal of the Scottish Meteorological Society, vol. xi. (1898), pp. 3-41; W. M. Davis, “The Development of Certain English Rivers,” Geographical Journal, vol. v. (1895), pp. 127-148; H. R. Mill, “The Mean and Extreme Rainfall of the British Isles,” Min. Proc. Inst. C.E. (1904), vol. clv. part i.; “A Fragment of the Geography of England—South-west Sussex,” Geographical Journal, vol. xv. (1900), p. 205; “England and Wales viewed Geographically,” Geographical Journal, vol. xxiv. (1904), pp. 621-636.

1 The general questions capable of a single treatment for England, Scotland and Ireland are considered under United Kingdom.

2 Measurements made on a map on the scale of 12½ m. to 1 in., the coast being assumed to run up estuaries until the breadth became 1 m., and no bays or headlands of less than 1 m. across being reckoned. The coast-line of Anglesea and the Isle of Wight, but of no other islands, is included.

3 A separate topographical notice is given under the heading Wales, but the consideration of certain points affecting Wales as linked with England is essential in this article.

4 The figures given here are for the ancient or geographical counties. Section IX., on Territorial Divisions, indicates the departures from the ancient county boundaries made for certain purposes of administration. Each county is treated in a separate article in the topographical, geological, economical and historical aspects. Further topographical details are given in separate articles on the more important hill-systems, rivers, &c.

5 Partly belonging to Scotland.

6 The principal members of the Humber-system are the Ouse of Yorkshire (121 m. long from the source of the Swale or Ure) and the Trent (170 m.), qq.v. for their numerous important tributaries.

7 Including the Medway (680 sq. m.) in the drainage area.

8 Including the Wye (1609 sq. m.) and the Lower Avon (891 sq. m.) in the drainage area.

9 These rivers have their earlier courses in Wales, and flow at first to some point of east. Of wholly Welsh rivers only the Towy and the Teifi are comparable in length and drainage area with the smaller rivers in the above list (see Wales).

10 From the source of its headstream the Goyt.

11 As in Bartholomew’s Survey Atlas of England and Wales (1903).

12 The figures are for Registration Counties (see classification of Territorial Divisions, below).

13 Census of England and Wales, 1901; General Report, p. 15.

14 Certain great offices of state are closed to Roman Catholics.

15 The actual selection of the bishops is in practice in the hands of the prime minister for the time being. This formerly led to purely political appointments; but it is usual now to select clergymen approved by public opinion.

16 In 1906.

17 There are in addition some thousands of Presbyterians unconnected with the church, including members of the Church of Scotland.

18 Great Britain and Ireland, 1906.

19 On September 17, 1907, the United Methodist Free Churches, the Methodist New Connexion, and the Bible Christians were united under the name of the United Methodist Church.

20 The figure 17.76 is the percentage for the whole of Yorkshire.

21 The West Midlands (Shropshire, &c.) include the coal-fields of Shrewsbury, Leebotwood, Coalbrookdale, the Clee Hills and the Forest of Wyre.

22 The Forest of Dean coal-field is in Gloucestershire.

23 The coal-field of Monmouthshire belongs properly to, and in the Report is classified with, the great coal-field of South Wales.

ENGLAND, THE CHURCH OF. The Church of England claims to be a branch of the Catholic and Apostolic Church; it is episcopal in its essence and administration, and is established by law in that the state recognizes it as the national church of the English people, an integral part of the constitution of the realm. It existed, in name and in fact, as the church of the English people centuries before that people became a united nation, and, in spite of changes in doctrine and ritual, it remains the same church that was planted in England at the end of the 6th century. From it the various tribes which had conquered the land received a bond of union, and in it they beheld a pattern of a single organized government administered by local officers, to which they gradually attained in their secular polity. In England, then, the state is in a sense the child of the church. The doctrines of the English Church may be gathered from its Book of Common Prayer (see Prayer, Book of Common) as finally revised in 1661, with the form of ordaining and consecrating bishops, priests and deacons, with the exception of the services for certain days which were abrogated in 1859; from the XXXIX Articles (see Creeds), published with royal authority in 1571; and from the First and Second Books of Homilies of 1549 and 1562 respectively, which are declared in Article XXXV. to contain sound doctrine.

Precursors.—Christianity reached Britain during the 3rd century, and perhaps earlier, probably from Gaul. An early tradition records the death of a martyr Alban at Verulamium, the present St Albans. A fully grown Christianity in Roman Britain. British Church existed in the 4th century: bishops of London, York and Lincoln attended the council of Arles in 314; the church assented to the council of Nicaea in 325, and some of its bishops were present at the council of Rimini in 359. The church held the Catholic faith. Britons made pilgrimages, to Rome and to Palestine, and some joined the monks who gathered round St Martin, bishop of Tours. Among these was Ninian, who preached to the southern Picts, and about 400 built a church of stone on Wigton Bay; its whiteness struck the people and their name for it is commemorated in the modern name Whithorn. From northern Britain, St Patrick (see Patrick, St) went to accomplish his work as the apostle of Ireland. Early in the 5th century Britain was infected by the heresy of Pelagius, himself a Briton by birth, but in 429 Germanus, bishop of Auxerre, and Lupus, bishop of Troyes, recalled the church to orthodoxy and, according to tradition, led their converts to victory, the “Hallelujah victory,” over the Picts and Scots. When the Britons were hard pressed by Saxon invaders large bodies of them found shelter in western Armorica, in a lesser Britain, which gave its name to Brittany. A British Church was founded there, and bishops, scholars and recluses of either Britain seem constantly to have visited the other. The Saxon invasion cut off Britain from communication with Rome; The British church. and the British Church having no share in the progressive life of the Roman Church, differences gradually arose between them. The organization of the British Church was monastic, its bishops being members, usually abbots, of monasteries, and not strictly diocesan, for the monasteries to which the clergy were attached had a tribal character. The monastic communities were large, Bangor numbered 2000 monks. From Gildas, a British monk, who wrote about 550, we gather that the bishops were rich and powerful and claimed apostolical succession; that though governed by synods the church lacked discipline; that simony was rife, and that bishops and clergy were neglectful. He evidently draws too dark a picture, for religious activity was not extinct. Gildas himself and others preached in Ireland, and from them the Scots, the dominant people of Ireland, received a ritual. The organization of the Scotic Church in Ireland was similar to that of the British Church. Its monastic settlements or schools were many and large, and were the abodes of learning. Bishops dwelt in them and were reverenced for their office, but each was subject to the direction of the abbot and convent. In 565 (?) St Columba, the founder and head of several Scotic monasteries, left Ireland and founded a monastery in Hii or Iona, which afforded gospel teaching to the Scots of Dalriada and the northern Picts, and later did a great work in evangelizing many of the Teutonic conquerors of Britain. By 602 the British Church, in common with the Irish Scots, followed practices which differed from the Roman use as it then was; it kept Easter at a different date; its clergy wore a different tonsure, and there was some defect in its baptismal rite. The conquerors of Britain—Saxons, Angles and Jutes—were heathens; the Britons gradually retreated before them to Wales, and to western and northern districts, or dwelt among them either as slaves or as outlaws hiding in swamps and forests, and they made no attempts to evangelize the conquering race.

About 587 a Roman abbot, Gregory, afterwards Pope Gregory the Great, is said to have seen some English boys exposed for sale in Rome and asked of what people they were, of what kingdom and who was their king. They were “Angli,” he was Foundation of the English church. told, of Deira, the modern Yorkshire, and their king was Ælle. “Not ‘Angli,’” said he, struck with the beauty of the fair-haired boys, “but ‘angeli’ (angels), fleeing from wrath (de ira), and Ælle’s people must sing Alleluia.” He wished himself to go as a missionary to the English, but was prevented. After he became pope he sent a mission to England headed by Augustine. The way was prepared, for Æthelberht, king of Kent, had married a Christian, a Frankish princess Berhta, and allowed her to worship the true God. She brought with her a bishop who ministered to her in St Martin’s church outside Canterbury, but evidently made no effort to spread the faith. Augustine and his band landed probably at Ebbsfleet in 597. They were well received by Æthelberht, who was converted and baptized. On the 16th of November Augustine was consecrated by the archbishop of Arles to be the archbishop of the English, and by Christmas had baptized 10,000 Kentish men. Thus the fathers of the English Church were Pope Gregory and St Augustine. Augustine restored a church of the Roman times at Canterbury to be the church of his see. The mission was reinforced from Rome; and Gregory sent directions for the rule of the infant church. There were to be two archbishops, at London and York; London, however, was not fully Christianized for some years, and the primatial see remained at Canterbury. Augustine held two conferences with British bishops; he bade them give up their peculiar usages, conform to the Roman ritual, and join him in evangelizing the English. His haughtiness is said to have offended them; they refused, and the English Church owes nothing to its British predecessor. The mission prospered, and bishops were consecrated for Rochester, and for London for the East Saxons. After Augustine and Æthelberht died a short religious reaction took place in Kent, and the East Saxons apostatized. In 627 Edwin, king of Northumbria, who had married a daughter of Æthelberht, was converted and baptized with his nobles by Paulinus, who became the first bishop of York. As Edwin’s kingdom extended from the Humber to the Forth and included the Trent valley, while he exercised superiority over all the other English kingdoms, except Kent, his conversion promised well for the church, but he was slain and his kingdom overrun by Penda, the heathen king of Mercia, the central part of England. Penda’s victories endangered the cause of Christianity. The Roman mission was dying out. Kent and East Anglia, which was evangelized by Felix, a Burgundian bishop sent from Canterbury, were settled in the faith. Though Bernicia, the northern part of Northumbria, was little affected by the gospel, and after Edwin’s death heathenism became dominant in his kingdom, Christianity did not die out in Northumbria. The East Saxons had heard the gospel, and in 634 the conversion of the West Saxons was begun by Birinus, an Italian missionary. Central England and the South Saxons, however, were wholly untouched by Christianity.

The work of the Romans was taken up by Scotic missionaries. Oswald, under whom the Northumbrian power revived, had lived as an exile among the Scots, and asked them for a bishop to teach his people. Aidan was sent to him by the monks of Iona in 635, and fixed his see in Lindisfarne, or Holy Island, where he founded a monastery. Saintly, zealous and supported by Oswald’s influence, he brought Northumbria generally to accept the gospel. The conversion of the Middle Angles and Mercians, and the reconversion of the East Saxons, were also achieved by Scots or by disciples of the Scotic mission. After Aidan’s death in 651 the differences between the Roman and Scotic usages, and specially that concerning the date of Easter, led to bitter feelings, were inconvenient in practice, and must have hindered the church in its warfare against heathenism. Oswio, who reigned over both the Northumbrian kingdoms, was, like his brother Oswald, a disciple of the Scots, his son and his queen, the daughter of Edwin, held to the Roman usages, and these usages were maintained by Wilfrid, who on his return from Rome in 658 was appointed abbot of Ripon. By Oswio’s command a conference between the two parties was held at the present Whitby in 664. Oswio decided in favour of the Roman usages. This was the end of the Scotic mission. The Scots left Lindisfarne, and their disciples generally adopted the Roman usages. The Scots were admirable missionaries, holy and self-devoted, and building partly on Roman foundations and elsewhere breaking new ground, they and their English disciples, as Ceadda (St Chad), bishop of the Mercians, and Cuthbert, bishop of Lindisfarne, who were by no means inferior to their teachers, almost completed the conversion of the country. But they practised an excessive asceticism and were apt to abandon their work in order to live as hermits. Great as were the benefits which the English derived from their teaching, its cessation was not altogether a loss, for the church was passing beyond the stage of mission teaching and needed organization, and that it could not have received from the Scots.

Its organization like its foundation came from Rome. An archbishop-designate who was sent to Rome for consecration having died there, Pope Vitalian in 668 consecrated Theodore of Tarsus as archbishop of Canterbury. The Organization of the English Church. Scots had no diocesan system, and the English bishoprics were vast in extent, followed the lines of the kingdoms and varied with their fortunes. The church had no system of government nor means of legislation. Theodore united it in obedience to himself, instituted national synods and subdivided the over-large bishoprics. At his death, in 690, the English dominions were divided into fourteen dioceses. Wilfrid, who had become bishop of Northumbria, resisted the division of his diocese and appealed to the pope. He was imprisoned by the Northumbrian king and was exiled. While in exile he converted the South Saxons, and their conversion led to that of the Isle of Wight, then subject to them, in 686, which completed the evangelization of the English. After long strife Wilfrid, who was supported by Rome, regained a part of his former diocese. Theodore also gave the church learning by establishing a school at Canterbury, where many gained knowledge of the Scriptures, of Latin and Greek, and other religious and secular subjects. In the north learning was promoted by Benedict Biscop in the sister monasteries which he founded at Wearmouth and Jarrow. There Bede (q.v.) received the learning which he imparted to others. In the year of Bede’s death, 735, one of his disciples, Ecgbert, bishop of York, became the first archbishop of York, Gregory III. giving him the pallium, a vestment which conferred archiepiscopal authority. He established a school or university at York, to which scholars came from the continent. His work as a teacher was carried on by Alcuin, who later brought learning to the court and Frankish dominions of Charlemagne. The infant church, following the example of the Irish Scots, showed much missionary zeal, and English missionaries founded an organized church in Frisia and laboured on the lower Rhine; two who attempted to preach in the old Saxon land were martyred. Most famous of all, Winfrid, or St Boniface, the apostle of Germany, preached to the Frisians, Hessians and Thuringians, founded bishoprics and monasteries, became the first archbishop of Mainz, and in 754 was martyred in Frisia. He had many English helpers, some became bishops, and some were ladies, as Thecla, abbess of Kitzingen, and Lioba, abbess of Bischofsheim. After his death, Willehad laboured in Frisia, and later, at the bidding of Charlemagne, among the Saxons, and became the first bishop of Bremen. Religion, learning, arts, such as transcription and illumination, flourished in English monasteries. Yet heathen customs and beliefs lingered on among the people, and in Bede’s time there were many pseudo-monasteries where men and women made monasticism a cloak for idleness and vice. In the latter part of the 8th century Mercia became the predominant kingdom under Offa, and he determined to have an archbishop of his own. By his contrivance two legates from Adrian I. held a council at Chelsea in 787 in which Lichfield was declared an archbishopric, and seven of the twelve suffragan bishoprics of Canterbury were apportioned to it. In 802, however, Leo III. restored Canterbury to its rights and the Lichfield archbishopric was abolished.

The rise of Wessex to power seems to have been aided by a good understanding between Ecgbert and the church, and his successors employed bishops as their ministers. Æthelred, who was specially under ecclesiastical influence, went on a pilgrimage to Rome, and before his departure made large grants for pious uses. His donation, though not the origin of tithes Later Anglo-Saxon times. in England, illustrates the idea of the sacredness of the tenth of income on which laws enforcing the payment of tithes were founded. His pilgrimage was probably undertaken in the hope of averting the attacks of the pagan Danes. Their invasions fell heavily on the church; priests were slaughtered and churches sacked and burnt. Learning disappeared in Northumbria, and things were little better in the south. Bishops fought and fell in battle, the clergy lived as laymen, the monasteries were held by married canons, heathen superstitions and immorality prevailed among the laity. Besides bringing the Danish settlers in East Anglia to profess Christianity in 878, Alfred set himself to improve the religious and intellectual condition of his own people (see Alfred). The gradual reconquest of middle and northern England by his successors was accompanied by the conversion of the Danish population. A revival of religion was effected by churchmen inspired by the reformed monasticism of France and Flanders, by Odo, archbishop of Canterbury, Oswald, archbishop of York, and Dunstan (see Dunstan), who introduced from abroad the strict life of the new Benedictinism. King Edgar promoted the monastic reform, and by his authority Bishop Æthelwold of Winchester turned canons out of the monasteries and put monks in their place. Dunstan sought to reform the church by ecclesiastical and secular legislation, forbidding immorality among laymen, insisting on the duties of the clergy, and compelling the payment of tithes and other church dues. After Edgar’s death an anti-monastic movement, chiefly in Mercia, nearly ended in civil war. In this strife, which was connected with politics, the victory on the whole lay with the monks’ party, and in many cathedral churches the chapters remained monastic. The renewed energy of the church was manifested by councils, canonical legislation and books of sermons. In the homilies of Abbot Ælfric, written for Archbishop Sigeric, stress is laid on the purely spiritual presence of Christ in the Eucharist, but his words do not indicate, as some have believed, that the English Church was not in accord with Rome. The ecclesiastical revival was short-lived. Renewed Danish invasions, in the course of which Archbishop Alphege was martyred in 1012, and a decline in national character, injuriously affected the church and, though in the reign of Canute it was outwardly prosperous, spirituality and learning decreased. Bishoprics and abbacies were rewards of service to the king, the bishops were worldly-minded, plurality was frequent, and simony not unknown. Edward the Confessor promoted foreign ecclesiastics; the connexion with Rome was strengthened, and in 1062 the first legates since the days of Offa were sent to England by Alexander II. A political conflict led to the banishment of Robert, the Norman archbishop of Canterbury. An Englishman Stigand received his see, but was excommunicated at Rome, and was regarded even in England as schismatical. When William of Normandy planned his invasion of England, Alexander II., by the advice of Hildebrand, afterwards Gregory VII., moved doubtless by this schism and by the desire to bring the English Church under the influence of the Cluniac revival and into closer relation with Rome, gave the duke a consecrated banner, and the Norman invasion had something of the character of a holy war.

Before the Norman Conquest the church had relapsed into deadness: English bishops were political partisans, the clergy were married, and discipline and asceticism, then the recognized condition of holiness, were extinct. The Norman times. Conqueror’s relations with Rome ensured a reform; for the papacy was instinct with the Cluniac spirit. In 1070 papal legates were received and held a council by which Stigand was deposed. Lanfranc, abbot of Bec, was appointed archbishop of Canterbury and worked harmoniously with the king in bringing the English Church up to the level of the church in Normandy. Many native bishops and abbots were deposed, and the Norman prelates who succeeded them were generally of good character, strict disciplinarians, and men of grander ideas. A council of 1075 decreed the removal of bishops’ sees from villages to towns, as on the continent; the see of Sherborne, for example, was removed to Old Sarum, and that of Selsey to Chichester, and many churches statelier than of old were built in the Norman style which the Confessor had already adopted for his church at Westminster. In another council priests and deacons were thenceforward forbidden to marry. William and Lanfranc also worked on Hildebrandine lines in separating ecclesiastical from civil administration. Ecclesiastical affairs were regulated in church councils held at the same time as the king’s councils. Bishops and archdeacons were no longer to exercise their spiritual jurisdiction in secular courts, as had been the custom, but in ecclesiastical courts and according to canon law. The king, however, ruled church as well as state; Gregory granted him control over episcopal elections, he invested bishops with the crozier and they held their temporalities of him, and he allowed no councils to meet and no business to be done without his licence. Gregory claimed homage from him; but while the king promised the payment of Peter’s pence and such obedience as his English predecessors had rendered, he refused homage; he allowed no papal letters to enter the kingdom without his leave, and when an anti-pope was set up, he and Lanfranc treated the question as to which pope should be acknowledged in England as one to be decided by the crown. The Conquest brought the church into closer connexion with Rome and gave it a share in the religious and intellectual life of the continent; it stimulated and purified English monasticism, and it led to the organization of the church as a body with legislative and administrative powers distinct from those of the state. The relations established by the Conqueror between the crown, the church and the pope, its head and supreme judge, worked well as long as the king and the primate were agreed, but were so complex that trouble necessarily arose when they disagreed. William Rufus tried to feudalize the church, to bring its officers and lands under feudal law; he kept bishoprics and abbacies vacant and confiscated their revenues. He quarrelled with Anselm (q.v.) who succeeded Lanfranc. Anselm while at Rome heard the investiture of prelates by laymen denounced, and he maintained the papal decree against Henry I. Bishops were vassals of the king, holding lands of him, as well as officers of the church. How were they to be appointed? Who should invest them with the symbols of their office? To whom was their homage due? (see Investiture). These questions which agitated western Europe were settled as regards England by a compromise: Henry surrendered investiture and kept the right to homage. The substantial gain lay with the crown, for, while elections were theoretically free, the king retained his power over them. Though Henry in some degree checked the exercise of papal authority in England, appeals to Rome without his sanction were frequent towards the end of his reign. Stephen obtained the recognition of his title from Innocent II., and was upheld by the church until he violently attacked three bishops who had been Henry’s ministers. The clergy then transferred their allegiance to Matilda. His later quarrel with the papacy, then under the influence of St Bernard, added to his embarrassments and strengthened the Angevin cause.

During Stephen’s reign the church grew more powerful than was for the good either of the state or itself. Its courts encroached on the sphere of the lay courts, and further claimed exclusive criminal jurisdiction over all clerks The Angevin kings. whether in holy or minor orders, with the result that criminous clerks, though degraded by a spiritual court, escaped temporal punishment. Henry II., finding ecclesiastical privileges an obstacle to administrative reform, demanded that the bishops should agree to observe the ancient customs of the realm. These customs were, he asserted, expressed in certain constitutions to which he required their assent at a council at Clarendon in 1164. In spirit they generally maintained the rights of the crown as they existed under the Conqueror. One provided that clerks convicted of temporal crime in a spiritual court and degraded should be sentenced by a lay court and punished as laymen. Archbishop Becket (see Becket) agreed, repented and refused his assent. The king tried to ruin him by unjust demands; he appealed to Rome and fled to France. A long quarrel ensued, and in 1170 Henry was forced to be reconciled to Becket. The archbishop’s murder consequent on the king’s hasty words shocked Christendom, and Henry did penance publicly. By agreement with the pope he renounced the Constitutions, but the encroachments of the church courts were slightly checked, and the king’s decisive influence on episcopal elections and some other advantages were secured. The church in Wales had become one with the English Church by the voluntary submission of its bishops to the see of Canterbury in 1192 and later. The Irish Church remained distinct, though the conquest of Ireland, which was sanctioned by the English pope Adrian IV. (Nicholas Breakspear), brought it into the same relations with the crown as the English Church and into conformity with it. Under the guidance of ecclesiastics employed as royal ministers, the church supported the crown until, in 1206, Innocent III. refused to confirm the election of a bishop nominated by King John to Canterbury; and representatives of the monks of Christ Church, in whom lay the right of election, being at his court, the pope bade them elect Stephen Langton whom he consecrated as archbishop. John refused to receive Langton and seized the estates of Christ Church. Innocent laid England under an interdict in 1208; the king confiscated the property of the clergy, banished bishops and kept sees vacant. Papal envoys excommunicated him and declared him deposed in 1211. Surrounded by enemies, he made his peace with the pope in 1213, swore fealty to him before his envoy, acknowledged that he held his kingdom of the Roman see, and promised a yearly tribute for England and Ireland. Finally he surrendered his crown to a legate and received it back from him. The banished clergy returned and an agreement was made as to their losses. Langton guided the barons in their demands on the king which were expressed in Magna Carta. The first clause provided, as charters of Henry I. and Stephen had already provided, that the English Church should be “free,” adding that it should have freedom of election, which John had promised in 1214. As John’s suzerain, Innocent annulled the charter, suspended Langton, and excommunicated the barons in arms against the king. On John’s death, Gualo, legate of Honorius III., with the help of the earl marshal, secured the throne for Henry III., and he and his successor Pandulf, as representatives of the young king’s suzerain, largely directed English affairs until 1221, when Pandulf’s departure restored Langton to his rightful position as head in England of the church. Reforms in discipline and clerical work were inculcated by provincial legislation, and two legates, Otho in 1237 and Ottoboni in 1268, promulgated in councils constitutions which were a fundamental part of the canon law in England. Religious life was quickened by the coming of the friars (see Friars). Parochial organization was strengthened by the institution of vicars in benefices held by religious bodies, which was regulated and enforced by the bishops. It was a time of intellectual activity, in character rather cosmopolitan than national. English clerks studied philosophy and theology at Paris or law at Bologna; some remained abroad and were famous as scholars, others like Archbishops Langton, and Edmund Rich, and Bishop Grosseteste returned to be rulers of the church, and others like Roger Bacon to continue their studies in England. The schools of Oxford, however, had already attained repute, and Cambridge began to be known as a place of study. The spirit of the age found expression in art, and English Gothic architecture, though originally, like the learning of the time, imported from France, took a line of its own and reached its climax at this period. Henry’s gratitude for the benefits which in his early years he received from Rome was shown later in subservience to papal demands. Gregory IX., and still more Innocent IV., sorely in need of money to prosecute their struggle with the imperial house, laid grievous taxes on the English clergy, supported the king in making heavy demands upon them, and violated the rights of patrons by appointing to benefices by “provisions” often in favour of foreigners. Churchmen, and prominently Grosseteste, the learned and holy bishop of Lincoln, while recognizing the pope as the divinely appointed source of all ecclesiastical jurisdiction, were driven to resist papal orders which they held to be contrary to apostolic precepts. Their remonstrances were seldom effectual, and the state of the national church was noted by the Provisions of Oxford in 1258 as part of the general misgovernment which the baronial opposition sought to remedy. The alliance between the crown and the papacy in this reign diminished the liberties of the church.

Edward I., who was a strong king, checked an attempt to magnify the spiritual authority by the writ Circumspecte agatis, which defined the sphere of the ecclesiastical courts, put a restraint on religious endowments by the Statute 13th and 14th centuries. of Mortmain, and desiring that every estate in the realm should have a share in public burdens and counsels, caused the beneficed clergy to be summoned to send proctors to parliament. The clergy preferred to make their grants in their own convocations, and so lost the position offered to them. For some years clerical taxation by the crown was carried on with the good-will of the papacy; it was not oppressive for unbeneficed clergy and incomes below ten marks were exempt, and in theory the clergy were celibate. Papal demands, however, were additional burdens. In 1296 Boniface VIII., by his bull Clericis laicos, forbade the clergy to grant money to lay princes, and Edward’s request for a clerical subsidy was in 1297 refused by convocation led by Archbishop Winchelsea. The king thereupon outlawed the clergy. The northern province yielded, the southern held out longer; but finally the clergy made their peace severally, each paying his share, and the royal victory was complete. Winchelsea joined the baronial opposition which forced Edward to grant the “Confirmation of the Charters.” Edward procured his disgrace from Clement V., and in return allowed Clement to exact so much from the church that the doings of the papal agents provoked an indignant remonstrance from parliament in 1307. With that exception the king’s dealings with the church were statesmanlike. He employed clerical ministers and paid them by church preferments, but his nominations to bishoprics did not always receive papal confirmation which had become recognized as essential. His weak son Edward II. yielded readily to papal demands. The majority of the bishops of the reign, and specially those engaged in politics, were unworthy men; religion was at a low ebb; plurality and non-residence were common. By the constitution Execrebilis John XXII. ordered that all cures held in plurality save one should be vacated, and, which was not so well, “reserved” all benefices so vacated for his own appointment. As the residence of the popes at Avignon from 1308 to 1377 brought them under French influence, Englishmen during the war with France were specially displeased that large sums should be drawn from the kingdom for them and that they should exercise patronage there. In the reign of Edward III. the popes, though appointing to bishoprics by provision, did not give them to foreigners, but they appointed foreigners, enemies of England, to lesser preferments, deaneries and prebends. In 1351 the Statute of Provisors declared provisions unlawful. Capitular elections, however, remained mere forms; the king nominated, and the popes provided, and took advantage of their claim to appoint to sees vacant by translation. Papal interference in suits concerning temporalities was checked by a law of 1353 (the first statute of Praemunire), which made punishable by outlawry and forfeiture the carrying before a foreign tribunal of causes cognizable by English courts. This measure was extended in 1365, and in 1393 by the great statute of Praemunire. Indignant at the law of 1365, Urban V. demanded payment of the tribute promised by John, which was then thirty-three years in arrear, but parliament repudiated the claim. The Black Death disorganized the church by thinning the ranks of the clergy, who did their duty manfully during the plague. In the diocese of Norwich, for example, 800 parishes lost their incumbents in 1349, 83 of them twice over (Jessopp). Large though insufficient numbers were instituted to benefices and unfit persons received holy orders. The value of livings decreased and many lay vacant. Some incumbents deserted their parishes to take stipendiary work in towns or secular employments, and unbeneficed clergy demanded higher stipends. Greediness infected the church in common with society at large. Yet Chaucer’s ideal parish priest must have represented a familiar type, so that we may believe that much good work was here and there unobtrusively done by the clergy. Prominent among abuses were the sale of pardons, and the extortions of the ecclesiastical courts; their decrees were enforced by excommunication, and on a writ issued to the sheriff an excommunicated person would be imprisoned until he satisfied the demands of the church. The state needed money and attacks were made in parliament on the wealth of the church. Already, in 1340, Edward III., who quarrelled with Archbishop Stratford on political grounds, had appointed lay ministers, and in 1371 William of Wykeham, bishop of Winchester, and other clerical ministers were turned out of office and succeeded by laymen. A political crisis in 1376 was followed by a struggle between the bishops and John of Gaunt, duke of Lancaster, the head of the anticlerical party, who allied himself with John Wycliffe (q.v.). He was unpopular, and when the bishops cited Wycliffe before them in St Paul’s, the duke’s conduct provoked a riot and the proceedings ended abruptly. Wycliffe held that the church was corrupted by wealth; that only those in grace had a right to God’s gifts, and that temporal power belonged only to laymen and not to popes nor priests. Later he attacked the papacy itself, which in 1378 was distracted by the great schism; by 1380 he condemned pilgrimages, secret confession and masses for the dead. While holding the presence of Christ in the Eucharist, he denied a change of substance in the elements, arguing that accidents or qualities, such as form and colour, could not exist without substance. He taught that Holy Scripture was the only source of religious truth, to the exclusion of church authority and tradition, and he and his followers made the first complete English version of the Bible. His opinions were spread by the poor priests whom he sent out to preach and by his English tracts. That his teaching had any direct effect on the insurrection of 1381, though commonly believed, appears to be an unfounded idea; many priests were concerned in the rising, and specially the mendicant orders, Wycliffe’s bitter enemies, but the motives of the insurrection were essentially secular (Oman, The Great Revolt of 1381). The reaction which followed extended to religion, and Wycliffe’s doctrines were condemned by a church council in 1382. Nevertheless he died in peace. He had many disciples, especially in Oxford and in industrial centres. The Lollards, as his followers were called, had supporters in parliament and among people of high rank in the court of Richard II., and the king’s marriage to Anne of Bohemia brought about the importation of Wycliffe’s writings into Bohemia, where they had a strong influence on the religious movement led by Hus. At first the bishops were not inclined to persecute, and the earlier Lollards mostly recanted under pressure, but their number increased.

With the accession of the Lancastrian house the crown allied itself with the church, and the bishops adopted a repressive policy towards the Lollards. By the canon law obstinate heretics were to be burnt by the secular The 15th century. power, and though England had hitherto been almost free from heresy, one or two burnings had taken place in accordance with that law. In 1401 a statute, De heretico comburendo, ordered that heretics convicted in a spiritual court should be committed to the secular arm and publicly burned, and, while this statute was pending, one Sawtre was burned as a relapsed heretic. Henry V. was zealous for orthodoxy and the persecution of Lollards increased; in 1414 Sir John Oldcastle, Lord Cobham, who had been condemned as a heretic, escaped and made an insurrection; he was taken in 1417 and hanged and burned. Lollardism was connected with an insurrection in 1431; it then ceased to have any political importance, but it kept its hold in certain towns and districts on the lower classes; many Lollards were forced to recant and others suffered martyrdom. The church was in an unsatisfactory state. As regards the papacy, the crown generally maintained the position taken up in the previous century, but its policy was fitful, and the custom of allowing bishops who were made cardinals to retain their sees strengthened papal influence. The bishops were largely engaged in secular business; there was much plurality, and cathedral and collegiate churches were frequently left to inferior officers whose lives were unclerical. The clergy were numerous and drawn from all classes, and humble birth did not debar a man from attaining the highest positions in the church. Candidates for holy orders were still examined, but clerical education seems to have declined. Preaching was rare, partly from neglectfulness and partly because, in 1401, in order to prevent the spread of heresy, priests were forbidden to preach without a licence. While the marriage of the clergy was checked, irregular and temporary connexions were lightly condoned. Discipline generally was lax, and exhortations against field-sports, tavern haunting and other unclerical habits seem to have had little effect. Monasticism had declined. Papal indulgences and relics were hawked about chiefly by friars, though these practices were discountenanced by the bishops. On the other hand, all education was carried on by the clergy, and religion entered largely into the daily life of the people, into their gild-meetings, church-ales, mystery-plays and holidays, as well as into the great events of family life—baptisms, marriages and deaths. Many stately churches were built in the prevailing Perpendicular style, often by efforts in which all classes shared, and many hamlet chapels supplemented the mother church in scattered parishes. The revival of classical learning scarcely affected the church at large. Greek learning was regarded with suspicion by many churchmen, but the English humanists were orthodox. The movement had little to do with the coming religious conflicts, which indeed killed it, save that it awoke in some learned men like Sir Thomas More a desire for ecclesiastical, though not doctrinal, reform, and led many to study the New Testament of which Erasmus published a Greek text and Latin paraphrases.

During the earlier years of the 16th century Lollardism still existed among the lower classes in towns, and was rife here and there in country districts. Persecution went on and martyrdoms are recorded. The old grievances concerning The Reformation era. ecclesiastical exactions remained unabated and were further strengthened by an ill-founded rumour that Richard Hunne, a Londoner who had refused to pay a mortuary, was imprisoned for heresy in the Lollards’ tower, and was found hanged in his cell in 1514, had been murdered. Lutheranism affected England chiefly through the surreptitious importation of Tyndale’s New Testament and heretical books. In 1521 Henry VIII. wrote a book against Luther in which he maintained the papal authority, and was rewarded by Leo X. with the title of Defender of the Faith. Henry, however, whose will was to himself as the oracles of God, finding that the pope opposed his intended divorce from Catherine of Aragon, determined to allow no supremacy in his realm save his own. He carried out his ecclesiastical policy by parliamentary help. Parliament was packed, and was skilfully managed; and he had on his side the popular impatience of ecclesiastical abuses, a new feeling of national pride which would brook no foreign interference, the old desire of the laity to lighten their own burdens by the wealth of the church, and a growing inclination to question or reject sacerdotal authority. He used these advantages to forward his policy, and when he met with opposition, enforced his will as a despot. The parliament of 1529 lasted until 1536; it broke the bonds of Rome, established royal supremacy over the English Church, and effected a redistribution of national wealth at the expense of the spirituality. It began by acts abolishing ecclesiastical exactions, such as excessive mortuaries and fees for probate, and by prohibiting pluralities except in stated cases, application to Rome for licence to evade the act being made penal. Henry having crushed his minister Cardinal Wolsey, archbishop of York, declared the whole body of the clergy involved in a praemunire by their submission to Wolsey’s legatine authority, and ordered the convocation to purchase pardon by a large payment, and by acknowledging him as “Protector and Supreme Head of the English Church and Clergy.” After much debate, the acknowledgment was made in 1531, with the qualification “so far as the law of Christ allows.” A “supplication” against clerical jurisdiction and legislation by convocation was obtained from the Commons in 1532, and Henry received from convocation the “submission of the clergy,” surrendering its legislative power except on royal licence, and consenting to a revision of the canon law by commissioners to be appointed by the king. A bill for conditionally withholding the payment of annates, or first-fruits, to Rome was passed, and Henry took advantage of the fear of the Roman court lest it should lose these payments, to obtain without the usual fees bulls promoting Cranmer to the see of Canterbury in 1533, and thus was enabled to gain his divorce. Cranmer pronounced his marriage to Catherine null, and declared him lawfully married to Anne Boleyn. Clement VII. retorted by excommunicating the king, but for that Henry cared not. Appeals to Rome were forbidden by statute, and the council ordained that the pope should thenceforth only be spoken of as bishop of Rome, as not having authority in England. In 1534 the restraint of annates was confirmed by law, all payments to Rome were forbidden, and it was enacted that, on receiving royal licence to elect, cathedral chapters must elect bishops nominated by the king. The papal power was extirpated by statute, parliament at the same time declaring that neither the king nor kingdom would vary from the “Catholic faith of Christendom.” The submission of the clergy was made law. Appeals from the archbishops’ courts were to be to the king in chancery, and were to be heard by commissioners, whence arose the Court of Delegates as the court of final appeal in ecclesiastical cases. The first-fruits and tenths of benefices were given to the king, and his title as “Supreme Head in earth of the Church of England” was declared by parliament without the qualification added by convocation. Fisher, bishop of Rochester, and Sir Thomas More, lately chancellor, the two most eminent Englishmen, were beheaded in 1535 on an accusation of attempting to deprive the king of this title, and some Carthusian monks suffered a more cruel martyrdom in the same cause. Meanwhile New Testaments were burnt, and heretics, or reformers, forced to abjure or, remaining steadfast, were sent to the stake, for though the heresy law of Henry IV. was repealed, heresy was still punishable by death, and persecution was not abated. By breaking the bonds of Rome Henry did not give the church freedom; he substituted a single despotism for the dual authority which pope and king had previously exercised over it. In 1535 Cromwell, the king’s vicar-general, began a visitation of the monasteries. The reports (comperta) of his commissioners having been delivered to the king and communicated to parliament in 1536, parliament declared the smaller monasteries corrupt, and granted the king all of less value than £200 a year. A rebellion in Lincolnshire and another in the north, the formidable Pilgrimage of Grace, followed. The suppression of the greater houses was effected gradually, surrenders were obtained by pressure, and three abbots who were reluctant to give up the possessions of their convents for confiscation were hanged. Monastic shrines and treasuries were sacked and the spoil sent to the king, to whom parliament granted all the houses, their lands and possessions. Of the enormous wealth thus gained Henry spent a part on national defence, a little on the foundation of the bishoprics of Westminster, dissolved in 1550, Bristol, Chester, Gloucester, Oxford and Peterborough, and gave the lands to men either useful to or favoured by himself, or sold them to rich purchasers. In 1536 he dictated the belief and ceremonial of the church by issuing Ten Articles which were subscribed by convocation. This first formulary of the English Church as separate from Rome did not contravene Catholic doctrine, though it showed the influence of Lutheran models. Another exposition of Anglican doctrine was made in the Institution of a Christian Man or “Bishops’ book,” in some respects more likely to satisfy those attached to the tenets of Rome, in others, as in the distinct repudiation of purgatory and the declaration that salvation depended solely on the merits of Christ, showing an advance. It was published in 1537 with Henry’s sanction but not by authority. In that year licence was granted for the sale of a translation of the Bible, and in 1538 another version called Matthew’s Bible, was ordered to be kept in all churches (see Bible). Pilgrimages were suppressed and images used for worship destroyed. Denial of the king’s supremacy, denial of the corporal presence in the Eucharist, and insults to Catholic rites were alike punished by cruel death. The publication abroad of the king’s excommunication rendered an assertion of orthodoxy advisable for political reasons, and in 1539 came the Act of the Six Articles attaching extreme penalties to deviations from Catholic doctrines. The backward swing of the pendulum continued; Cromwell was beheaded and three reforming preachers were burnt in 1540. Prosecutions for heresy under the act were fitful: four gospellers were burnt in London in 1546, of whom the celebrated Anne Askew was one. Cranmer, however, did not lose the king’s favour. A fresh attempt to define doctrine was made in the Necessary Doctrine and Erudition of a Christian Man, the “King’s Book,” published by authority in 1543, which, while repudiating the pope, was a declaration of Catholic orthodoxy. A Primer, or private prayer-book, of which parts were in English, as the litany composed by Cranmer, and virtually the same as at present, was issued in 1546, and further liturgical change seemed probable when Henry died in 1547.