England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, an extra-parochial area, extra-parochial place or extra-parochial district was a geographically defined area considered to be outside any ecclesiastical or
civil parish
In England, a civil parish is a type of administrative parish used for local government. It is a territorial designation which is the lowest tier of local government below districts and counties, or their combined form, the unitary authorit ...
. Anomalies in the parochial system meant they had no church or clergymen and were therefore exempt from payment of poor or church rates and usually
tithe
A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash or cheques or more ...
s. They were formed for a variety of reasons, often because an area was unpopulated or unsuitable for agriculture, but also around institutions and buildings or natural resources. Extra-parochial areas caused considerable problems when they became inhabited as they did not provide religious facilities, local governance or provide for the relief of the poor. Their status was often ambiguous and there was demand for extra-parochial areas to operate more like parishes. Following the introduction of the
New Poor Law
The ''Poor Law Amendment Act 1834'' (PLAA) known widely as the New Poor Law, was an Act of the Parliament of the United Kingdom passed by the Whig government of Earl Grey. It completely replaced earlier legislation based on the ''Poor Relie ...
, extra-parochial areas were effectively made civil parishes by the
Extra-Parochial Places Act 1857
In England and Wales, an extra-parochial area, extra-parochial place or extra-parochial district was a geographically defined area considered to be outside any ecclesiastical or civil parish. Anomalies in the parochial system meant they had no chu ...
and were eliminated by the Poor Law Amendment Act 1868. This was achieved either by being integrated with a neighbouring or surrounding parish, or by becoming a separate
civil parish
In England, a civil parish is a type of administrative parish used for local government. It is a territorial designation which is the lowest tier of local government below districts and counties, or their combined form, the unitary authorit ...
if the population was high enough.Parish and Belonging: Community, Identity and Welfare in England and Wales, 1700–1950. By K. D. M. Snell (New York, Cambridge University Press, 2006)
Formation
Extra-parochial areas formed in every county in England for a number of reasons. Often they were remote areas without population or areas covered by a particular resource such as
commons
The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons c ...
,
woodland
A woodland () is, in the broad sense, land covered with trees, or in a narrow sense, synonymous with wood (or in the U.S., the ''plurale tantum'' woods), a low-density forest forming open habitats with plenty of sunlight and limited shade (se ...
s and
fenlands
The Fens, also known as the , in eastern England are a naturally marshy region supporting a rich ecology and numerous species. Most of the fens were drained centuries ago, resulting in a flat, dry, low-lying agricultural region supported by a ...
. The names of some former extra-parochial areas such as Nowhere, Norfolk;
Nomansland, Devon
Nomansland is a hamlet in Devon, England, with a population of about 150. It is eight miles west of Tiverton. It is so named because it was at one time a remote extra-parochial area where the Parishes of Witheridge, Thelbridge and Cruwys Morc ...
; and
No Man's Heath, Warwickshire
No Man's Heath is an area of North Warwickshire about northeast of Tamworth. It is near the boundaries of four English counties: Derbyshire, Leicestershire, Warwickshire and Staffordshire. Nearby in the late 19th century were Netherseal Coll ...
point to their isolation. Early institutions such as hospitals, almshouses and leper colonies were often made to be extra-parochial, as were houses of the gentry, depopulated villages, cathedral closes, castle grounds, Oxbridge colleges, and the
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court – Gray's Inn, Lincoln's Inn, Inner Temple and Middle Temple.
All barristers must belong to one of them. They have ...
.
Later the lack of parochial administration, including policing, would cause extra-parochial places to be used for the non-conformist religious congregation and Chartism meetings. Examples include the precincts of
Chester Castle
Chester Castle is in the city of Chester, Cheshire, England. It is sited at the southwest extremity of the area bounded by the city walls. The castle stands on an eminence overlooking the River Dee. In the castle complex are the remaining part ...
,
Westminster Abbey
Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the Unite ...
and
Windsor Castle
Windsor Castle is a royal residence at Windsor in the English county of Berkshire. It is strongly associated with the English and succeeding British royal family, and embodies almost a millennium of architectural history.
The original c ...
; and the islands of
Lundy
Lundy is an English island in the Bristol Channel. It was a micronation from 1925–1969. It forms part of the district of Torridge in the county of Devon.
About long and wide, Lundy has had a long and turbulent history, frequently chang ...
(since 2013 its own ecclesiastical parish) and
Skokholm
Skokholm () or Skokholm Island is an island off the coast of Pembrokeshire, Wales, south of the neighbouring island of Skomer. The surrounding waters are a marine reserve and all are part of the Pembrokeshire Coast National Park. Both islands ...
Old Sarum
Old Sarum, in Wiltshire, South West England, is the now ruined and deserted site of the earliest settlement of Salisbury. Situated on a hill about north of modern Salisbury near the A345 road, the settlement appears in some of the earliest r ...
which was an abandoned settlement. The
Army Chaplains Act 1868
An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
allowed the creation of extra-parochial districts outside normal ecclesiastical administration of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britai ...
for the purposes of churches on army bases.
Problems
The administration of the
Old Poor Law
The Poor Relief Act 1601 (43 Eliz 1 c 2) was an Act of the Parliament of England. The Act for the Relief of the Poor 1601, popularly known as the Elizabethan Poor Law, "43rd Elizabeth" or the Old Poor Law was passed in 1601 and created a poor la ...
caused particular problems for people from or resident in extra-parochial areas. The
Poor Relief Act 1662
The Poor Relief Act 1662 (14 Car 2 c 12) was an Act of the Cavalier Parliament of England. It was ''an Act for the Better Relief of the Poor of this Kingdom'' and is also known as the Settlement Act or the Settlement and Removal Act. The purpose ...
meant that poor relief could only be received from a parish of settlement, where a person was born or normally located. This excluded residents of extra-parochial places from the welfare system. In some cases relief was funded from the county rate, elsewhere a neighbouring parish provided support, and in a very limited number of extra-parochial places, there was provision of poor relief by overseers. However, the legal status of these areas regarding poor relief remained ambiguous. The
New Poor Law
The ''Poor Law Amendment Act 1834'' (PLAA) known widely as the New Poor Law, was an Act of the Parliament of the United Kingdom passed by the Whig government of Earl Grey. It completely replaced earlier legislation based on the ''Poor Relie ...
presented different problems as parishes were grouped into poor law unions it was unclear what and how a contribution should be made from extra-parochial areas. It was also unclear what rights the
justices of the peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
had to sit on a
board of guardians
Boards of guardians were ''ad hoc'' authorities that administered Poor Law in the United Kingdom from 1835 to 1930.
England and Wales
Boards of guardians were created by the Poor Law Amendment Act 1834, replacing the parish overseers of the po ...
. The problems of these areas relating to the administration of poor relief were exacerbated as the extra-parochial nature of the places attracted vulnerable people such as single women who wished to give birth there in order to avoid illegitimacy law, registration costs and parish settlement of their children by birth. Aside from the Poor Law and civil administration, the nature of extra-parochial places caused other problems, such as rents being disproportionately high. In 1844, there were 575 extra-parochial places exempt from poor rates, with a combined population of 104,533 and area of . An 1850 report listed those which were liable to the county rate.
Conversion to parishes
Because it was problematic for communities to be without religious provision or the usual structures of local governance there were demands to make extra-parochial areas operate in the same way as parishes or for them to become part of an adjoining parish. The status of some extra-parochial areas was called into question, contested or at least ambiguous. Because of shifts in population, it had become necessary to divide, merge and otherwise alter ancient parishes and for them to diverge for ecclesiastical and civil purposes. Some extra-parochial areas were absorbed by new parishes as part of this process.
The
Extra-Parochial Places Act 1857
In England and Wales, an extra-parochial area, extra-parochial place or extra-parochial district was a geographically defined area considered to be outside any ecclesiastical or civil parish. Anomalies in the parochial system meant they had no chu ...
from 1 January 1858 effectively turned extra-parochial places into civil parishes, providing for poor relief, poor rates, police rates, burial, and registration. Overseers could be appointed from an adjoining parish if no inhabitant was suitable. A local act could be used to join the extra-parochial area to a poor law union or parish if the guardians agreed. It was also possible for the extra-parochial place to be merged with another parish if a majority of landowners and occupiers agreed.
The legislation was almost prevented from passing by the influential barristers of the
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court – Gray's Inn, Lincoln's Inn, Inner Temple and Middle Temple.
All barristers must belong to one of them. They have ...
who were able to secure a special provision to ensure
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...
,The Solicitors' journal & reporter, Volume 1
Inner Temple
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
, and
Middle Temple
The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn ...
could not be grouped into any poor law union, although they were otherwise considered to be parishes. This provision was also made for Charterhouse, London.
The 1857 act was not completely successful and several areas continued to operate extra-parochially. The
converted to civil parishes any place that levied a separate poor rate and the Poor Law Amendment Act 1868 incorporated "for all civil parochial purposes" the extra-parochial places remaining on 25 December 1868, that were without an appointed
overseer of the poor
An overseer of the poor was an official who administered poor relief such as money, food, and clothing in England and various other countries which derived their law from England such as the United States.
England
In England, overseers of the poo ...
, into a neighbouring parish with the longest common boundary.The Poor law amendment act, 1868: 31 & 32 Vict., C. CXXII