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of England there with a code of regulations for the management of their affairs.
That consequently such regulations can only be framed by the members of the Church them- selves.
That, nevertheless, to make them generally bind- ing upon such members, or upon future Bishops, the regulations must be drawn up under an authority given either by the Local or the Imperial Legislature.
That, further, it is essential to the efficient accom- plishment of the task, and to the general accept- ability of the result, that the regulations be drawn up upon the joint deliberation and with the joint concurrence of the clergy and laity, the latter acting (as only they can) by representation, and that, for this purpose, some such Elective Assembly as that proposed by the Bill, must necessarily be established.
That it is also essential that there should be pro- visions for convoking, adjourning, and dissolving such Assembly from time to time.
That (with regard to the third point), assuming the power of convoking, adjourning, and dissolving assemblies of this description in all parts of Her Majesty's dominions to be an inherent portion of
the Royal Prerogative, it is clear that this power could not, in the case of so distant a Colony, be exercised by Her Majesty personally, or by the Home Government in her behalf.
That your memorialist submits that it is also clear that the exercise of such prerogative could not, with propriety or safety, be permanently deputed to the Lieutenant-Governor of the Colony, or to any other local authority, there being no security, nor any reasonable ground to expect, that such Gover- nor or other authority will, in all cases, be a mem- ber of, or friendly to, the Church of England.
That, consequently, to insist upon the reten- tion of such prerogative would, in effect, be to pre- vent such assemblies from being held at all, and in that way to prevent any regulations being made for
the better carrying on the affairs of the Church, and
to keep the same permanently in its present imper- fect and unsatisfactory condition.
Your memorialist would further remark that, on
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the other hand, the Bill reserves to the Crown the right to nominate the Bishop of the Diocese-the only portion of the Royal Prerogative, it may be observed, in actual exercise; that it withholds from the proposed Assembly the power to alter or do anything at variance with the authorized standards of faith and doctrine, or to alter the oaths, declara- tions or subscriptions," (these, including, it will be recollected, the recognition of the Supremacy of the Crown as well as the pledge of allegiance,)
"now
con-
by law or canon required to be taken, made, or sub- scribed by persons to be consecrated, ordained, instituted, or licensed within the Church;" that, as regards the proposed Commission for the trial of ecclesiastical offences, such Commission cannot be brought into operation until the rules for its duct and management, and the mode of proceeding under the same, have been submitted to, and approved by, Her Majesty in Council; that any alteration of such rules must, in like manner, have Her Majesty's sanction; that no right of appeal to Her Majesty in Council can be interfered with; and lastly, that not only the rules for the proposed Commission, but generally, all the regulations which may be passed at the first Assembly, and by which, necessarily, its ordinary course of procedure
will be governed, are made to require, in order to their validity, Her Majesty's approbation.
In conclusion, your memorialist desires to observe that the Bill does not, directly or indirectly, affect any member of any other religious body; and that it affects the members of the Church itself so far only as concerns their position, rights, duties, and liabilities in regard of their ministry, membership, or communion, or the advowson or right of patron- age, or management of the property of the Church,” and imposes no penalty or disability other than a deprivation of such communion, patronage, or pro- perty. That the Bill does not confer upon the proposed Assembly of the Church of England greater powers than those which are already, by the consti- tution of the churches, and the local enactments recognizing the same, enjoyed by the Synod of the Presbyterian Church, and by the Conference of the Wesleyan Methodists; or any powers which your memorialist, and the other members of the Church
PUBLIC RECORD OFFICE
Reference --
TELEC.O.
• 885
PUBLIC RECORD OFFICE, LONDON
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