"Sir,--I venture to send to you the substance of a
correspondence with the Education Department upon the question
of the lawfulness of religious teaching in rate schools under
section 14 (2) of the Act. I asked whether the words 'which
is distinctive,' &c., taken grammatically as limiting the
prohibition of any religious formulary, might be construed
as allowing (subject, however, to the other provisions of the
Act) any religious formulary common to any two denominations
anywhere in England to be taught in such schools; and if
practically the limit could not be so extended, but would have
to be fixed according to the special circumstances of each
district, then what degree of general acceptance in a district
would exempt such a formulary from the prohibition? The answer
to this was as follows:--'It was understood, when clause 14 of
the Education Act was discussed in the House of Commons,
that, according to a well-known rule of interpreting Acts
of Parliament, "denomination" must be held to include
"denominations." When any dispute is referred to the Education
Department under the last paragraph of section 16, it will be
dealt with according to the circumstances of the case.'
"Upon my asking further if I might hence infer that the
lawfulness of teaching any religious formulary in a rate
school would thus depend _exclusively_ on local circumstances,
and would accordingly be so decided by the Education
Department in case of dispute, I was informed in explanation
that 'their lordships'' letter was intended to convey to
me that no general rule, beyond that stated in the first
paragraph of their letter, could at present be laid down by
them; and that their decision in each particular case must
depend on the special circumstances accompanying it.
"I think it would appear from this that it may yet be in many
cases both lawful and expedient to teach religious formularies
in rate schools.
"H.I. Steyning, _November_ 5, 1870."
Of course I do not mean to suggest that the editor of the _Guardian_
is bound by the opinions of his correspondent; but I cannot help
thinking that I do not misrepresent him, when I say that he also
thinks "that it may yet be, in many cases, both lawful and
expedient to teach religious formularies in rate schools under these
circumstances."
It is not uncharitable, therefore, to assume that, the express words
of the Act of Parliament notwithstanding, all the sectaries who are
toiling so hard for seats in the London School Board have the lively
hope of the gentleman from Steyning, that it may be "both lawful and
expedient to teach religious formularies in rate schools;" and
that they mean to do their utmost to bring this happy consummation
about.[1]
Public-domain text, read in full here on John Shaqi.
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