1326.

:

.No. 745.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

(BRITISH HONDURAS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Meade's

Temple, February (5), 1872. letter of the 31st ultimo, stating that he was directed by your Lordship to submit the following case to us for our consideration.

1. In connexion with a church disestablishment Ordinance No. 15 of 1871, which had been passed, but with a suspending clause, by the Legislature of British Honduras, a question of considerable importance had arisen whether British Honduras was part of the diocese of Jamaica and subject to the jurisdiction of the bishop of that diocese.

2. The Island of Jamaica, the Bahama Islands, and the settlements iu the Bay of Honduras and their respective dependencies were made and constituted "to be a bishop's see, and to be called the bishopric of Jamaica " by Letters Patent of the 24th July 1824.

3. Before and at the time of the passing of these Letters Patent the settlement of British Honduras possessed an anomalous form of Government which had been established in 1765 by Sir W. Burnaby, the then superintendent of the settlmeent.

4. The settlement was governed by a superintendent appointed by the Crown and holding his commission under the Governor of Jamaica. There was a representative assembly called the "Public Meeting," which was elected by British born subjects. The number of the "Public Meeting" was unlimited, and the members were elected for life. The initiatory power rested with the superintendent, and measures so initiated and passed by the "Public Meeting" and assented to by the superintendent bad the force of law within the settlement, unless disallowed by the Crown.

5. The above account was taken from Mr. R. Mill's Colonial Constitutions, and was believed to be substantially correct.

6. This form of government lasted until 1853, when by a local Act, passed by the superintendent and "Public Meeting," it was provided that the Logislature should thenceforth consist of the superintendent and a legislative assembly of 18 elected and three nominated members.

7. In 1843, and therefore during the existence of the "Public Meeting," further Letters Patent were passed by which after recitals of the former Letters Patent, of the appointment of Dr. Lipscombe to be bishop of the said see of Jamaica and of his death, Dr. Spencer was appointed bishop of the said see. would be found set out at length in the recital of a local Act, copy of which was These Letters Patent annexed for reference.

8. In 1856, and therefore after the passing of the Constitution Act of 1853, the Bishop of Jamaica being disabled by ill-heath, further Letters Patent were passed appointing Archdeacon Courtenay to be a coadjutor bishop under the title of Bishop of Kingston, with powers to perform the functions and exercise the jurisdiction of the Bishop of Jamaica within his diocese, and it might be here mentioned that though Dr. Spencer was still alive he had retired altogether from active duty, and the Bishop of Kingston administered the affairs of the diocese.

9. In 1862 the settlement of British Honduras was converted into a Colony, but no change was made in the representative character of the assembly.

10. In 1871 another local Constitution Aut was passed, by which the Legislative Assembly was abolished, and a legislative council, of which all the members were nominated by the Crown. was created.

11. So far as regarded Jamaica. that Colony no doubt possessed a Representative Legislature at the time of the passing of the different Letters Patent above referred to. 12. It was believed that there had been no recognition of the Letters Patent and bishopric in any British Honduras Act, though there were several local Acts in Jamaica in which the diocese and bishop were recognised; as, for instance. in an Act 22 Vict. c. 9., establishing ecclesiastical courts within the island, and in the Act 22 Vict. c. 23., of which a copy was annexed.

016278.-- 406.

25.-5/86.

2

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