3289.
PUBLIC RECORD OFFICE
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Reference :-
TC.O. 885
10
PUBLIC RECORD OFFICE, LONDON
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SIB,
No. 325.
(NORTH AMERICA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, April 5, 1865.
We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 1st of April instant, stating that he was directed by you to request our advice under the following circumstances:-
A vacancy has occurred in the Bishopric of Rupert's Land by the resignation of the Right Reverend Dr. Anderson, and you have received the Queen's authority to intimate to the Reverend R. Mackray that if any instrument should be issued by or on behalf of Her Majesty for an appointment to that See it would be issued in his
favour.
That the Hudson's Bay Company, the owners and only governors of the country, are willing that Mr. Mackray should be the bishop. That the trustees of the Leith Fund, who pay the salary of the bishop, and are represented by the Bishop of London, are also willing, and the Church Missionary Society, whose missionaries constitute the clergy of Rupert's Land, have also expressed their concurrence through their Secretary, the Reverend H. Venn.
That the Archbishop of Canterbury is prepared to consecrate Mr. Mackray to the Bishopric. But that the recent judgment in the case of the Bishop of Natal, renders it in your opinion undesirable to issue Letters Patent in the usual or indeed in any other form.
That, however, any further delay in the consecration of a bishop would be very inconvenient, and that you, Sir, are of opinion that the most desirable plan would be, that a letter should be addressed by the Archbishop of Canterbury to the Secretary of State, intimating his willingness to consecrate Mr. Mackray, and on such intimation being made, Her Majesty should be advised to issue Her Mandate to His Grace the Archbishop, as in the case of the appointment of Dr. Williams to the See of Quebec.
Sir Frederic Rogers was pleased to enclose a copy of the form of warrant under 5 May 1956.
the Sign Manual and Signet which was issued on that occasion, addressed to the
Bishop of Montreal as metropolitan, and to all other bishops therein concerned.
Sir Frederic Rogers was further pleased to enclose a copy of the Letters Patent 21 May 1849. -
under which Dr. Anderson held his appointment as Bishop of Rupert's Land, and to request that we would take these circumstances into our consideration, and report our
| opinion, whether there is any objection to the course proposed, and if there should appear to us to be no objection that we would prepare the form of mandate which we may consider proper to be used on this occasion.
Sir Frederic Rogers further added that you would be glad to receive our opinion at our earliest convenience.
In obedience to your commands we have taken this matter into consideration, and have the honour to
Report
That we understand from Sir F. Rogers' letter that it is the intention of Her Majesty's Government not to issue, for the future, Letters Patent for the appointment of successors to the bishoprics which may become vacant in the Colonies, but on the occasion of each vacancy to advise Her Majesty, on receiving a letter of request from the Archbishop of Canterbury that he may be permitted to proceed to the consecration of a certain person as successor to the late bishop, to issue Her Majesty's Mandate to His Grace authorizing him to consecrate such person.
As this is the first case which has occurred since the delivery of the recent judgment of the Judicial Committee of the Privy Council in Bishop Colenso's case, and as the language of the mandate of consecration would necessarily have reference to the letter of the Archbishop, we venture to suggest that it would be expedient to ascertam the willingness of His Grace to write a letter of request in accordance with the altered form of proceeding which it is proposed to adopt with respect to the future appointment of Colonial bishops, and that we should defer our Report until a communication has been had with his Grace upon the subject.
01:278-589. 25.-2/86.