PUBLIC RECORD OFFICE
Reference -
C.O.885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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institutions had been substituted in 1842 for the Melbourne purely nominee Legislative Council.
was coincident with the present Colony of Victoria. The diocese of Adelaide comprised the Colonies of South and of Western Australia. In South Australia (as in Tasmania) a Legislative Council existed nominated by the Crown by virtue of an Act of Parliament (5 and 6 Vict., cap. 61) which did not reserve to or confer upon Her Majesty any powers of legislation. In Western Australia a Legislative Council existed, established under an Act of Parlia- ment which conferred on the Crown the power of legislation (10 Geo. IV, cap. 22).
In 1856 the Bishopric of Perth, coincident with
the Colony of Western Australia, was carved out of that of Adelaide, with the same powers of visitation, The constitution of Western Australia has not been changed, the Act of 10 Geo. IV, having been con- tinued by 13 and 14 Vict., cap. 59, sec. 10.
In 1859 the Bishopric of Brisbane was carved out
of that of Newcastle, with powers of visitation. It
was coincident with the then Colony of Queensland,
in which, as in New South Wales, from which it had been separated, representative institutions had been fully established,
In 1863 the Bishopric of Goulburn was carved out of that of Sydney, with similar powers.
In New South Wales there is a Local Act which invests the "Bishop of the diocese" with a power of licencing Clergy and withdrawing their licences upon cause shown (8 Wm. IV., No. 5, secs. 19, 20). This Act may possibly be in force in Queensland. In Victoria the Legislature (Act of 30th Novem- ber, 1854) has enabled the Bishop, Clergy, and Laity of any Victorian diocese to meet in Synod, and make regulations for the enforcement of disci- pline.
In Tasmania similar provisions are made by a Colonial Act (22 Viet., No. 20), and the Bishop is enabled to examine witnesses on oath, though not to summon them.
In South Australia there has been no legislation; but the Bishop and Clergy have bound themselves by what is called a "consensual compact," which establishes a Synod, and binds the Clergy to obey its regulations.
Western Australia, as has been implied, may
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probably be considered for the present purpose as a Crown Colony.
NEW ZEALAND.
In the year 1840 British settlers established themselves in New Zealand. A purely nominee Legislative Council was established under the Imperial Act 3 and 4 Vict., cap. 62, which does not
give the Crown any power of legislation.
In 1841 it was proposed to erect a Bishopric in New Zealand; but the Queen's Advocate, Sir John Dodson, while engaged in preparing the Letters- Patent, observed that "doubts, founded principally the preamble of the Statute of 26 Geo. IV, cap. 84, were entertained respecting the rights of the Crown to nominate Bishops of its own mere authority by Letters-Patent under the Great Seal."
upon
The phrase to which Sir John Dodson refers appears to be the following:-"Whereas by the laws of this realm no person can be consecrated to
the office of Bishop without the King's Licence for his election, and the Royal Mandate under the Great Seal for his confirmation and consecration."
The doubt, therefore, would seem to have been, not whether legislative authority were not necessary
to give jurisdiction, but whether consecration could be legally effected without some kind of election and confirmation.
In fact the doubt appears to have been got over. and Bishop Selwyn was consecrated in obedience to the usual Letters-Patent. Those Letters-Patent gave him powers of jurisdiction.
In 1856 the Bishopric of Christ Church, and in 1858 the Bishoprics of Wellington, Waiapa, and Nelson were carved out of the Bishopric of New Zealand, the Bishop of New Zealand being invested
with metropolitan jurisdiction, which it may be observed gives "all manner of all visitatorial juris- diction, power, and coercion.”
In founding these new Bishoprics powers of visita-
tion only were given. And as the transactions of 1858 involved the surrender of the Bishop of New Zealand's Patent, the opportunity was taken of reducing his powers to those of visitation.
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