Ecclesiastical Titles Act 1851
Encyclopedia
The Ecclesiastical Titles Act 1851 was an Act
of the Parliament of the United Kingdom
(14 & 15 Vict. c. 60) passed in 1851 as an anti-Roman Catholic measure, repealed 20 years later by the Ecclesiastical Titles Act 1871.
When the Christian church in England and Wales was established as an independent Church of England
by Henry VIII
in the 16th century, it continued to use the same buildings and hierarchy as hitherto. Hence, the titles of Archbishop of Canterbury and Bishop of London (for example) continued in use, with the incumbents holding authority over the same areas, and the same held for the whole of the Church of England
hierarchy. The position in Scotland would be more complex, due to internal disagreements about episcopalianism. In Ireland, the Catholic hierarchy continued to use the titles of the ancient sees.
In 1850, in response to the Catholic emancipation legislation, Pope Pius IX
set up a Roman Catholic hierarchy of dioceses in England and Wales. This was met with widespread hostility, and many characterised it as an act of "papal aggression", although, because Statute 10 of George IV, chapter 10 had forbidden the use of the old titles except by the clergy of the established Protestant Church, the Catholic Church had refrained from using the ancient titles of the existing Anglican sees, and had created new titles for their bishoprics. Thus they did not name the relevant see that of Bristol, but that of Clifton; not Exeter, but Plymouth; not Canterbury, but Southwark. The selection of Westminster as the title of the principal see in London, however, was nevertheless seen by critics as presumptuous.
The Ecclesiastical Titles Act 1851 was passed in response, making it a criminal offence for anyone outside the "united Church of England and Ireland
" to use any episcopal title "of any city, town or place, or of any territory or district (under any designation or description whatsoever), in the United Kingdom" e.g. Bishop of Anytown, and provided that any property passed to a person under such a title would be forfeit to the Crown.
It did not succeed in its aim. The Roman Catholic bishops continued to operate under their territorial titles on a civilly illegal basis. The civil law was never enforced against them.
administration of Prime Minister
Gladstone
.
The act of repeal (the Ecclesiastical Titles Act 1871 34 and 35 Vict. c. 53) specified in its preamble and in section 1 that the repeal of the earlier Act did not give legal force to the hierarchy of the Roman Catholic Church in England or confer upon it any jurisdiction, these being, in United Kingdom law, matters for the Crown
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
(14 & 15 Vict. c. 60) passed in 1851 as an anti-Roman Catholic measure, repealed 20 years later by the Ecclesiastical Titles Act 1871.
When the Christian church in England and Wales was established as an independent Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
by Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
in the 16th century, it continued to use the same buildings and hierarchy as hitherto. Hence, the titles of Archbishop of Canterbury and Bishop of London (for example) continued in use, with the incumbents holding authority over the same areas, and the same held for the whole of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
hierarchy. The position in Scotland would be more complex, due to internal disagreements about episcopalianism. In Ireland, the Catholic hierarchy continued to use the titles of the ancient sees.
In 1850, in response to the Catholic emancipation legislation, Pope Pius IX
Pope Pius IX
Blessed Pope Pius IX , born Giovanni Maria Mastai-Ferretti, was the longest-reigning elected Pope in the history of the Catholic Church, serving from 16 June 1846 until his death, a period of nearly 32 years. During his pontificate, he convened the First Vatican Council in 1869, which decreed papal...
set up a Roman Catholic hierarchy of dioceses in England and Wales. This was met with widespread hostility, and many characterised it as an act of "papal aggression", although, because Statute 10 of George IV, chapter 10 had forbidden the use of the old titles except by the clergy of the established Protestant Church, the Catholic Church had refrained from using the ancient titles of the existing Anglican sees, and had created new titles for their bishoprics. Thus they did not name the relevant see that of Bristol, but that of Clifton; not Exeter, but Plymouth; not Canterbury, but Southwark. The selection of Westminster as the title of the principal see in London, however, was nevertheless seen by critics as presumptuous.
The Ecclesiastical Titles Act 1851 was passed in response, making it a criminal offence for anyone outside the "united Church of England and Ireland
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
" to use any episcopal title "of any city, town or place, or of any territory or district (under any designation or description whatsoever), in the United Kingdom" e.g. Bishop of Anytown, and provided that any property passed to a person under such a title would be forfeit to the Crown.
It did not succeed in its aim. The Roman Catholic bishops continued to operate under their territorial titles on a civilly illegal basis. The civil law was never enforced against them.
Repeal
The Act was repealed in 1871 by the LiberalLiberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
administration of Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
Gladstone
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
.
The act of repeal (the Ecclesiastical Titles Act 1871 34 and 35 Vict. c. 53) specified in its preamble and in section 1 that the repeal of the earlier Act did not give legal force to the hierarchy of the Roman Catholic Church in England or confer upon it any jurisdiction, these being, in United Kingdom law, matters for the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
.