LORD JOHN RUSSELL'S BILL ON THE ASSUMPTION OF ICCLLSIASTICAL TITLES

New Zealander, Volume 7, Issue 550, 23 July 1851, Page 4

LORD JOHN RUSSELL'S BILL ON THE ASSUMPTION OF ICCLLSIASTICAL TITLES

The Bill proposed by the Piemier, on the above subject, is as follows: — Whereas by tho Act of the 10th year of King George the Fourth, chap. 7, after reciting that the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline, the government thereof, aud likewise the Protestant Presbyterian Church of Scotland, and the doctrine, discipline and government thereof, were by the lespective acts of union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably, and that the right and title of archbishops to their respective provinces, of bishops to their sees, and of doans to their deaneries, as well in England as in Ireland, had been settled and established by law, it wag enacted, that if any person, after the commencement of that act other than the person, thereunto authorised by law, should assume or use tho name, .-style, or title of atohbishop of any piovinco, bibbop of any bishopric, or dean of any deanery, in England or Jieland, he should for evory i<i'-h offence forfeit and pay the sum of one hundred pounds: aiul wheieas, it may be doubted whether (he recited enactment ex-

tends to tlio assumption of tho tille of archbishop or bishop of a pietcnded province or diocese, or aichbishop or bishop of a city, place, or teiTitory in England or Ireland, not being tbp see, province, or diocese of any archbishop or bisiiop recognised b}' law ; but the attempt to establish, under colour of authority from the see of Rome or otherwise, such pretended sees, provinces, or dioceses, is illegal and void, and the assumption of ecclesiastical titles in respect theieof is inconsistent with the rightsintended to be protected by the said enactment : and whereas it is expedient to prohibit the assumption of such titles in respect of any places within the United Kingdom j be it enacted therefore by the Queen's Most Excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons m this present parliament assembled, and by the authority of the same, that — 1. If, after the passing of this act, any person other than a person thereunto authorised by law in lespoct of of an archbishopric, bishopric, or deanery of the united Church of England and Ireland assume or use the name style, or title of archbishop, bishop, or dean of any city, town, or place, or of any territory or district (under any designation 01 desciiption whatsoever), in the United Kingdom, whether such city, town, or place, or such territory or district, be or be not the see or the province or co-extensive with the province of any archbishop, or the see or the diocese, or co-extensive with the diocese of anylbishop, or the seat or place, of the church of my dean, or co-extensive with any deanery of the said united church, the person so offending shall, for every such offence, {/forfeit and pay the sum of one hundred pounds, to be recovered as provided by the recited act. 2. Any deed or writing made, signed, or executed after the passing of this act, by, or under the authority of any person,[in or under any name, styh j ,'or title, which such person is by the recited act, and this act, or either of them, prohibited from assuming or using shall be void. 3. Whore by any assurance, transfer, will, limitation, or declaration, of use or trust, or other instrument made or executed after the passing of this act, any real or personal property, or any profit or advantage to be had therefiom is assured, given or made applicable, or expiessed or intended to be assured, given or made applicable, directly or indirectly, for or towards the endowment or maintenance of any archbishopric or bishopric, or deanery intituled or in anywise designated or described as an archbishopric, bishopric, or deanery of any city, town, or place, territory or district in the United Kingdom (except the archbisbopiics, bishoprics, and deaneries of the said united church), or for any purposes connected with or referring to tho maintenance or continuance of any nicbbishopiic bishopric, or deanery (except as aforesaid) so intituled, designated, or described, or of the titular province, see, diocese, or limits thereof, or where by any such assurance, transfer, will, limitation declaration, or other instrument any real or personal property, profit, or advantage, or any power authority or, discretion (whether for puvate or personal benefit, or for charitable or other pui poses,) to be be exercised over or in relation to any real or pert-onal property, or such profit or advantage, as aforesaid, is assured, given, or vested, or expressed or intended to be assured, given, or vested, to or in any person by any name, style, or title of archbishop, bishop, or dean, which by the recited act and this act, or either of them, such peisou is prohibited from assuming or using, or to or in any person who in such assurance, transfer, will, limitation, declaration, or other instrument, is in anywise designated, mentioned, or referred to as being, or claimed to be, or as being called or known or leputed to be archbishop, bishop or dean, under any name, stylo, or title, winch such person is so prohibited from assuming or using, or to or in any other person therein desciibed as chaplain or other subordinate of the person so designated, mentioned, or referred to, or to or m any person in any wise described by means of a reference to a name, style, or title of which, by the said act and this act or either of them, the assumption or use is prohibited, all the real or personal property, profit, or advantage aforesaid, or such estate or interest therein, as but for this enactment would have been in anywise, applicable to any of the purposes aforesaid, or would have vested in or enured to the use of the person to or in whom the same is so expressed or intended to bo assured, given, or vested, shall, without any offico or inquisition found, vest in and enure to the use of Her Majesty, and shall j or may be disposed of and applied as Her Majesty shall be pleased by warrant under her sign monual to direct whether such diiection be to apply the M.ime according and {.'pursuant to the intents and pui poses declared m and by the instruments hereinbefore mentioned or otherwise ; and all such power, authority, and discretion as aforesaid, so far as the same but for this enactment might have been exeiclsied by t!.c person in whom the same is so expressed or intended to be vested, may be exercised by such and in such manner as Her Majesty may be pleased by warrant under her sign manual to direct. 4. Every person who may be liable to be sued for any penalty imposed by the recited enactment, and this net, or either of them, shall in any suit or proceeding in equity in lelation to any such assuiance, transfer, will, limitation, dechuation of use or trust, or other instrument as hereinbefore mentioned, or in relation to any secret or other trust, or other matter whatsoever, be compellable to answer upon oatb notwithstanding his liability to such penalty in the same manner as if no «uch liability existed, provided that no answer of such person in any tuit or proceeding as aforesaid, nor any matter disclosed or made known only by means of such answer, shall be admitted as evidence against such person in any action for the recovery of such penalty.