780.
PUBLIC RECORD OFFICE
3] |
9
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
No. 551.
(FALKLANDS.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, January 23, 1869. MY LORD,
We are honoured with your Lordship's commands, signified in Sir F. Rogers' letter of the 13th instant, stating that he was directed to inform us that a memorial has been recently presented from the South American Missionary Society praying for the erection of a bishopric in connexion with the congregations on the continent of South America and in the Falkland Islands. (2) That the late Archbishop of Canter- bury was in favour of the erection of such a bishopric, and that in that view the present Archbishop concurs; but that for the reasons stated in the Draft Letter, which it is proposed to send to the Archbishop of Canterbury (a copy of which is annexed), it will be seen that, although your Lordship has no objection to the erection of the diocese as a diocese constituted by voluntary agreement, nor to the issue of the mandate necessary to authorise the consecration of the bishop, and would be prepared to direct the chaplain of the Falkland Islands (who is a public officer) to consider himself under the. bishop's episcopal jurisdiction, yet your Lordship would not feel justified in advising Her Majesty to constitute by Letters Patent a Bishopric of Stanley or of the Falkland Islands. (3) That a question then arises as to the title, if any, which the bishop shall assume, and from the concluding paragraph of the Draft Letter, to which our attention was particularly directed, it will be seen that, subject to any objection in point of law, your Lordship would not decline to recognise in the mandate of consecration the designation of Bishop of Stanley, as that under which the bishop was to offer his episcopal ministrations to such of the Anglican Congregations in the Falkland Islands and South America as might accept those ministrations. (4) But that the late Law Officers in a report of the 7th August 1868*, upon a case arising in respect of the recent consecration of a Suffragan Bishop for Barbados, advised that in their opinion Her Majesty ought not to command the Archbishop of Canterbury to consecrate a bishop without a see by a title which might be assumed to be that of a see. Copies of this report and of the mandate which was, with the approval of the Law Officers, issued in that case were also annexed for convenience of reference. (5) That under these circumstances your Lordship feels some doubt whether you would be justified in allowing any reference to the proposed title even in the form in which it is adverted to in the recital of the proposed mandate; and Sir F. Rogers was pleased to request that we would furnish your Lordship with our opinion whether there is any legal objection to the course proposed to be taken by your Lordship in the concluding paragraph of the Draft Letter, and whether the Draft Letter is such as your Lordship may be advised to send. Sir F. Rogers also enclosed the draft mandate for the consecration of the pro- posed bishop, and was further pleased to request that we would furnish your Lordship with our opinion whether, and with what modifications, such mandate would meet the exigencies of the case.
In obedience to your Lordship's commands, we have the honour to
Report
That we think it so doubtful whether Her Majesty can create a diocese with coercive jurisdiction, that we cannot advise your Lordship to take any step or acquiesce in any We therefore raspect- expression which may seem to imply the exercise of such a power.
fully recommend that no territorial designation be mentioned in relation to the bishop in the mandate to the Archbishop of Canterbury, and we further humbly suggest that the last paragraph in the letter from your Lordship to his Grace be altogether omitted.
The Right Hon. the Earl Granville, K.G.
&c.
&c.
&c.
• No. 527.
We have, &c.
(Signed)
R. P. COLLIER
J. D. COLERIDGE. TRAVERS TWISS.
O 16276.-765. 95,-3/86.