Anniversary Days Observance Act 1859
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The Anniversary Days Observance Act (22 Vict. c. 2; formal
long title In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The ...
An Act to repeal certain Acts and Parts of Acts which relate to the Observance of the Thirtieth of January and other Days) was an
Act of the Parliament of the United Kingdom In the United Kingdom an act of Parliament is primary legislation passed by the Parliament of the United Kingdom. An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Irelan ...
which repealed several laws mandating "political services" or "state services": observance by the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 ...
and
Church of Ireland The Church of Ireland ( ga, Eaglais na hÉireann, ; sco, label= Ulster-Scots, Kirk o Airlann, ) is a Christian church in Ireland and an autonomous province of the Anglican Communion. It is organised on an all-Ireland basis and is the secon ...
of certain anniversaries from 17th-century political history.


Provisions

The laws and observances abolished were specified by various Acts of the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised ...
, Parliament of Great Britain, or
Parliament of Ireland The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two cham ...
. These acts were repealed in full where they had no other purpose than establishing the relevant observance, and otherwise repealed only in relation to the observance.


Legislative history

The political and religious aspects of Anglican identity began to separate after
Catholic emancipation Catholic emancipation or Catholic relief was a process in the kingdoms of Great Britain and Ireland, and later the combined United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restricti ...
culminated in the
Roman Catholic Relief Act 1829 The Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, was passed by the Parliament of the United Kingdom in 1829. It was the culmination of the process of Catholic emancipation throughout the United Kingdom of Great Br ...
. In the 1850s, moves to increased
religious toleration Religious toleration may signify "no more than forbearance and the permission given by the adherents of a dominant religion for other religions to exist, even though the latter are looked on with disapproval as inferior, mistaken, or harmful". ...
included the
Liberty of Religious Worship Act 1855 The Liberty of Religious Worship Act 1855 ( 18 & 19 Vict. c. 86) was an Act of the Parliament of the United Kingdom. Previously the Toleration Act 1689 required all Dissenting places of worship to be registered and the Places of Religious Wo ...
and the
Jews Relief Act 1858 The Jews Relief Act 1858, also called the Jewish Disabilities Bill, is an Act of the Parliament of the United Kingdom which removed previous barriers to Jews entering Parliament, a step in Jewish emancipation in the United Kingdom.
. These changes were reflected in June and July 1858, when the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
and
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
respectively passed resolutions making loyal addresses to
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previo ...
to remove certain "occasional forms of prayer" from the 1662 ''Book of Common Prayer''. These prayers were re-specified by royal warrant after each new monarch's accession. The Crown agreed to consider the matter. After some delay for legal advice, on 17 January 1859 the queen issued a new warrant removing the prayers. However, the observances which the prayers fulfilled were mandated by various Acts of Parliament; so a bill, initially called the Occasional Forms of Prayer Bill, was introduced in February 1859 to repeal the provisions which were no longer being enforced. Whereas the 1858 petitions had related only to observances in the English Book of Common Prayer, the 1859 bill additionally deleted the 23 October prayer from the Irish Book of Common Prayer. In the House of Lords the bill was renamed the ''Anniversary Days Observance Bill''. It received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 25 March. The 1859 act was itself repealed as spent by the
Statute Law Revision Act 1875 The Statute Law Revision Act 1875 (38 & 39 Vict c 66) is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill. This Act was partly in force in Great Britain at the end of 2010. The enactments ...
.


Criticism

In the House of Lords, the 1858 resolution was supported by most bishops;
John Bird Sumner John Bird Sumner (25 February 1780 – 6 September 1862) was a bishop in the Church of England and Archbishop of Canterbury. Early life John Bird Sumner was born in Kenilworth, Warwickshire, on 25 February 1780. He was the eldest son of the R ...
Archbishop of Canterbury and
Archibald Campbell Tait Archibald Campbell Tait (21 December 18113 December 1882) was an Archbishop of Canterbury in the Church of England and theologian. He was the first Scottish Archbishop of Canterbury and thus, head of the Church of England. Life Tait was bo ...
,
Samuel Wilberforce Samuel Wilberforce, FRS (7 September 1805 – 19 July 1873) was an English bishop in the Church of England, and the third son of William Wilberforce. Known as "Soapy Sam", Wilberforce was one of the greatest public speakers of his day. Natural ...
and Robert Daly (bishops of London, of Oxford, and of Cashel respectively) spoke in favour, while Christopher Bethell
Bishop of Bangor The Bishop of Bangor is the ordinary of the Church in Wales Diocese of Bangor. The see is based in the city of Bangor where the bishop's seat (''cathedra'') is at Cathedral Church of Saint Deiniol. The ''Report of the Commissioners appointed ...
opposed it. The
Anglo-Catholic Anglo-Catholicism comprises beliefs and practices that emphasise the Catholic heritage and identity of the various Anglican churches. The term was coined in the early 19th century, although movements emphasising the Catholic nature of Anglica ...
liturgist Vernon Staley in 1907 described the deletions as ''
ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'' because they were done without first obtaining the consent of the
Convocations of Canterbury and York The Convocations of Canterbury and York are the synodical assemblies of the bishops and clergy of each of the two provinces which comprise the Church of England. Their origins go back to the ecclesiastical reorganisation carried out under Arc ...
; he called them "a distinct violation of the compact between Church and Realm, as set forth in the Act of Uniformity which imposed the Book of Common Prayer in 1662".Staley 1907, p.76


See also

*
Bank Holidays Act 1871 The Bank Holidays Act 1871 established public holidays (known as bank holidays) in addition to those customarily recognised in the United Kingdom. The Act designated four bank holidays in England, Wales and Ireland ( Easter Monday; Whit Monday; ...


References


Sources

;Primary: * * * ;Secondary: * * *


Citations

{{reflist Public holidays in the United Kingdom United Kingdom Acts of Parliament 1859 Separation of church and state Church of England festivals Church of Ireland Law about religion in the United Kingdom Book of Common Prayer Repealed United Kingdom Acts of Parliament