7127.
PUBLIC RECORD OFFICE
Reference :-
LITICO. 885
•
No. 517.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Temple, July 6, 1868. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 1st instant, stating that he was directed by your Grace to inform us that your Grace understood that the Archbishop of Canterbury intends to request your Grace to advise Her Majesty to issue a mandate directing the Archbishop to consecrate a clergyman to be a Bishop of the United Church of England and Ireland in South Africa.
2. That it was believed to be the desire of the Archbishop that the new Bishop should assist the Bishop of Capetown, and that he should also exercise episcopal functions over those persons in any part of South Africa who might voluntarily submit themselves to him, including even persons within the Colony of Natal, which the Letters Patent of 1853 purport to erect into a separate see, and also in some parts which have not been included in any diocese.
3. That we were aware that in July 1866 the then Law Officers of the Crown advised that in the case of Colonies where, owing to the institution of representative Govern- ments Her Majesty could not create dioceses, mandates might properly be issued under the Royal Sign Manual and Signet authorising the Archbishop to proceed to the consecration of persons to exercise episcopal functions in such Colonies, leaving the ecclesiastical authorities and congregations of those Colonies to determine as they could with the clergymen so consecrated the geographical limits to which their duties were to be confined.
4. That in accordance with that opinion a mandate (a copy of which was annexed) was issued in August 1866, authorising the Archbishop of Canterbury to consecrate the Rev. A. B. Suter to be a Bishop in the Colony of New Zealand. Similar mandates have been issued in the case of the Rev. H. L. Jenner to be a Bishop in the Colony of New Zealand and of the Rev. W. C. Sawyer to be a Bishop in the Colony of New South Wales.
5. That it would be observed that in those mandates special mention is made of the Colony within which the new Bishop is to exercise his functions.
But as the Crown cannot prescribe or confer a sphere of action, it would seem more proper that the mandate should avoid any expression which would have the appearance of doing so. The mere assignment of a title, however, would not necessarily be more than honorary, and perhaps might be included in the Letters Patent without appearance.
any
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11 PUBLIC RECORD OFFICE, LONDON
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8. That with this view your Grace was disposed to make some alteration in the form of mandate, omitting all reference to the place in which episcopal functions are to be performed, but including an assignment of title, and that Sir Frederic Rogers was desired to transmit to us the form of a mandate, which, at the request of the Archbishop, you would be prepared to advise Her Majesty to issue, and to request that we would favour your Grace with our opinion upon the question whether there is any objection in point of law to the proposed mandate, and particularly whether the words "by the title of Bishop of A." are objectionable as purporting to assign a sphere of Whether the person so consecrated would thereupon become legally entitled to the designation of Bishop of A.?
action.
Whether and by what means he could at any subsequent period (as on relinquishing episcopal duties or of being convicted of gross misconduct) divest himself or be divested of that title?
And whether he could assume any other title in lieu of or in addition to it?
Sir Frederic Rogers was desired to add that as the matter presses your Grace would feel obliged if we would favour you with our report at our earliest convenience.
In obedience to your Grace's commands we have taken this matter into our con- sideration, and have the honour to
Report
That we are of opinion that the words "by the title of Bishop of A.," especially when coupled with the declaration of the intent with which A.B. is to be consecrated a
0 16278-108. 25.-5/86.