Public Worship Regulation Act 1874
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The Public Worship Regulation Act 1874 (37 & 38 Vict c 85) was an Act of
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
, introduced as a
Private Member's Bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...
by
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...
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 bor ...
, to limit what he perceived as the growing
ritualism Ritualism, in the history of Christianity, refers to an emphasis on the rituals and liturgical ceremonies of the church. Specifically, the Christian ritual of Holy Communion. In the Church of England, Anglican church in the 19th century, the rol ...
of
Anglo-Catholicism 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 ...
and the
Oxford Movement The Oxford Movement was a movement of high church members of the Church of England which began in the 1830s and eventually developed into Anglo-Catholicism. The movement, whose original devotees were mostly associated with the University of O ...
within 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 Britain ...
. The bill was strongly endorsed by Prime Minister
Benjamin Disraeli Benjamin Disraeli, 1st Earl of Beaconsfield, (21 December 1804 – 19 April 1881) was a British statesman and Conservative politician who twice served as Prime Minister of the United Kingdom. He played a central role in the creation o ...
, and vigorously opposed by Liberal party leader
William Ewart Gladstone William Ewart Gladstone ( ; 29 December 1809 – 19 May 1898) was a British statesman and Liberal politician. In a career lasting over 60 years, he served for 12 years as Prime Minister of the United Kingdom, spread over four non-conse ...
. Queen Victoria strongly supported it. The law was seldom enforced, but at least five clergymen were imprisoned by judges for contempt of court, which greatly embarrassed the Church of England archbishops who had vigorously promoted it.


Tait's bill

Tait's bill was controversial. It was given government backing by
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Benjamin Disraeli Benjamin Disraeli, 1st Earl of Beaconsfield, (21 December 1804 – 19 April 1881) was a British statesman and Conservative politician who twice served as Prime Minister of the United Kingdom. He played a central role in the creation o ...
, who called it "a bill to put down
ritualism Ritualism, in the history of Christianity, refers to an emphasis on the rituals and liturgical ceremonies of the church. Specifically, the Christian ritual of Holy Communion. In the Church of England, Anglican church in the 19th century, the rol ...
". He referred to the practices of the
Oxford Movement The Oxford Movement was a movement of high church members of the Church of England which began in the 1830s and eventually developed into Anglo-Catholicism. The movement, whose original devotees were mostly associated with the University of O ...
as "a
Mass Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementar ...
in masquerade".
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 Death and state funeral of Queen Victoria, her death in 1901. Her reign of 63 years and 21 ...
was supportive of the Act's
Protestant Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
intentions.
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leader
William Ewart Gladstone William Ewart Gladstone ( ; 29 December 1809 – 19 May 1898) was a British statesman and Liberal politician. In a career lasting over 60 years, he served for 12 years as Prime Minister of the United Kingdom, spread over four non-conse ...
, a
high church The term ''high church'' refers to beliefs and practices of Christian ecclesiology, liturgy, and theology that emphasize formality and resistance to modernisation. Although used in connection with various Christian traditions, the term originate ...
Anglican whose sympathies were for
separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...
, felt disgusted that the
liturgy Liturgy is the customary public ritual of worship performed by a religious group. ''Liturgy'' can also be used to refer specifically to public worship by Christians. As a religious phenomenon, liturgy represents a communal response to and partic ...
was made, as he saw it, "a parliamentary football".


The Act

Before the Act, the Church of England regulated its
worship Worship is an act of religious devotion usually directed towards a deity. It may involve one or more of activities such as veneration, adoration, praise, and praying. For many, worship is not about an emotion, it is more about a recognition ...
practices through the
Court of Arches The Arches Court, presided over by the Dean of Arches, is an ecclesiastical court of the Church of England covering the Province of Canterbury. Its equivalent in the Province of York is the Chancery Court. It takes its name from the street-level ...
with appeal to the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
. The Act established a new court, presided over by former
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judge
Lord Penzance James Plaisted Wilde, 1st Baron Penzance, (12 July 1816 – 9 December 1899) was a noted United Kingdom, British judge and rose breeder who was also a proponent of the Baconian theory that the works usually attributed to William Shakespeare were ...
. Many citizens were scandalised by parliamentary interference with worship and, moreover, by its proposed supervision by a secular court. The act gave
bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
s the discretionary power to order a
stay of proceedings Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a ...
. Section 8 of the Act allowed an
archdeacon An archdeacon is a senior clergy position in the Church of the East, Chaldean Catholic Church, Syriac Orthodox Church, Anglican Communion, St Thomas Christians, Eastern Orthodox churches and some other Christian denominations, above that o ...
,
church warden A churchwarden is a lay official in a parish or congregation of the Anglican Communion or Catholic Church, usually working as a part-time volunteer. In the Anglican tradition, holders of these positions are ''ex officio'' members of the parish b ...
or three adult male
parishioner A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or m ...
s of a
parish A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or m ...
to serve on the
bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
a representation that in their opinion: The bishop had the discretion to stay proceedings but, if he allowed them to proceed, the parties had the opportunity to submit to his direction with no right of appeal. The bishop was able to issue a
monition :''In the U.S., monition refers to a summons.'' In English law and the canon law of the Church of England, a monition, contraction of admonition, is an order to a member of the clergy to do or refrain from doing a specified act. (Google Books) O ...
, but if the parties did not agree to his jurisdiction, then the matter was to be sent for trial (section 9). The Act provided a ''
casus belli A (; ) is an act or an event that either provokes or is used to justify a war. A ''casus belli'' involves direct offenses or threats against the nation declaring the war, whereas a ' involves offenses or threats against its ally—usually one b ...
'' for 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 Anglican ...
English Church Union The Church Union is an Anglo-Catholic advocacy group within the Church of England. The organisation was founded as the Church of England Protection Society on 12 May 1859 to challenge the authority of the English civil courts to determine questio ...
and the
evangelical Evangelicalism (), also called evangelical Christianity or evangelical Protestantism, is a worldwide Interdenominationalism, interdenominational movement within Protestantism, Protestant Christianity that affirms the centrality of being "bor ...
Church Association The Church Association was an English evangelical Anglican organisation founded in 1865. It was particularly active in opposition to Anglo-Catholicism, ritualism, and the Oxford Movement. Founded in 1865 by Richard P. Blakeney, the association st ...
. Many clergy were brought to trial and five ultimately imprisoned for
contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
.


List of clergy imprisoned

* Revd
Sidney Faithorn Green Sidney Faithorn Green (1841–1916) was an English clergyman who, during the Ritualism, Ritualist controversies in the Church of England, was imprisoned for 20 months for liturgy, liturgical practice contrary to the Public Worship Regulation Act 1 ...
, Rector of St John's,
Miles Platting Miles Platting is an inner city part of Manchester, England, northeast of Manchester city centre along the Rochdale Canal and A62 road, bounded by Monsall to the north, Collyhurst to the west, Newton Heath to the east, and Bradford, Holt Tow ...
, Manchester, 1881–82 * Revd T. Pelham Dale, Rector of
St Vedast Foster Lane Saint Vedast Foster Lane or Saint Vedast-alias-Foster, a church in Foster Lane, in the City of London, is dedicated to St. Vedast (Foster is an Anglicisation of the name "Vaast", as the saint is known in continental Europe), a French saint whose ...
, in the
City of London The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London fr ...
, 1880 * Revd
Richard William Enraght Richard William Enraght (23 February 1837 – 21 September 1898) was an Irish-born Church of England priest of the late nineteenth century. He was influenced by the Oxford Movement and was included amongst the priests commonly called "Secon ...
, Rector of Holy Trinity,
Bordesley, West Midlands Bordesley is an area of Birmingham, England, south east of the city centre straddling the Watery Lane The Middleway, Middleway ring road. It should not be confused with nearby Bordesley Green. Commercial premises dominate to the west of the ring ...
, 1880 * Revd
James Bell Cox James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (disambiguati ...
, Vicar of St Margaret's,
Liverpool Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a popul ...
* Revd
Arthur Tooth Arthur Tooth (17 June 1839 – 5 March 1931) was a ritualist priest in the Church of England and a member of the Society of the Holy Cross. Tooth is best known for being prosecuted in 1876 under the Public Worship Regulation Act 1874 for u ...
, Vicar of St James's,
Hatcham Hatcham was a manor and later a chapelry in what is now London, England. It largely corresponds to the area around New Cross in the London Borough of Lewisham. The ancient parish of Deptford straddled the counties of Surrey and Kent and there c ...
, 1877 These clergy were supported financially by
George Boyle, 6th Earl of Glasgow George Frederick Boyle, 6th Earl of Glasgow (9 October 1825 – 23 April 1890), was a Scottish nobleman. He was the son of George Boyle, 4th Earl of Glasgow, and Julia Sinclair, daughter of Sir John Sinclair, 1st Baronet. In February 1847, Boy ...
, who donated considerable sums to their defence and compensation. Prosecutions ended when a Royal Commission in 1906 recognised the legitimacy of pluralism in worship,Royal Commission on Ecclesiastical Discipline (1906)
Report of the Royal Commission on Ecclesiastical Discipline
'
but the Act remained in force for 91 years until it was repealed on 1 March 1965 by the
Ecclesiastical Jurisdiction Measure 1963 The Ecclesiastical Jurisdiction Measure 1963 was introduced to simplify ecclesiastical law as it applied to the Church of England, following the recommendations of the 1954 Archbishops' Commission on Ecclesiastical Courts. Superseding the Ecclesia ...
.


Territorial extent

The Act extended to England, the
Channel Islands The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
and the
Isle of Man ) , anthem = "O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe ...
.


See also

* Anglican eucharistic theology


References


Citations


Sources

* * * * * * * * *


Further reading

* * , a standard scholarly history of the act. * * Graber, Gary W. ''Ritual Legislation in the Victorian Church of England: Antecedents and Passage of the Public Worship Regulation Act, 1874'' (1993
online review
a standard scholarly history of the act. * Janes, Dominic. "The 'Modern Martyrdom' of Anglo-Catholics in Victorian England." ''Journal of Religion and Society'' 13 (2011

* Janes, Dominic. ''Victorian Reformation: The Fight over Idolatry in the Church of England, 1840-1860'' (Oxford University Press, 2009). * Latourette, Kenneth Scott. ''Christianity in a Revolutionary Age: The 19th century in Europe volume 2'' (1959) p. 270-279. * Reed, John Shelton. ''Glorious Battle: The Cultural Politics of Victorian Anglo-Catholicism'' (London: Tufton Books, 1998). * Roberts, Andrew. ''Salisbury: Victorian Titan'' (1999) pp. 135–138. * Royal Commission on Ecclesiastical Discipline (1906)
Report of the Royal Commission on Ecclesiastical Discipline
' * Shannon, Richard. ''The Age of Disraeli, 1868-1881: The Rise of Tory Democracy'' (1992) pp. 199–210. * {{UK legislation 1874 in Christianity 1874 in law Acts of the Parliament of the United Kingdom concerning England Anglicanism Anglo-Catholicism Christianity and law in the 19th century History of the Church of England Law about religion in the United Kingdom United Kingdom Acts of Parliament 1874