No. 7.
16
under our consideration, was also inclosed, and Mr. Elliot was pleased to state that no other Local Act has been discovered relating to the Bishoprics of New -Zealand, and he also forwarded a copy of the letter which you, Sir, addressed to the Archbishop of Canterbury, sending him a copy of this Petition, together with a copy of the letter received from his Grace in reply.
In obedience to your commands we have taken these papers into consideration, and have the honour to report—
That the general views and objects suggested in the Petition of the Bishops, and the Memorandum of the Government of New Zealand, appear to us to be just and reasonable. But with respect to the mode which the Bishops propose of carrying them into effect, we must observe that the Imperial Statute 15 and 16 Vict., cap. 88 (1852 A.D.), distinctly empowers Her Majesty to constitute a "distinct See or Diocese" out of a surrendered portion of the Diocese of New Zealand, which diocese this statute recites in the preamble to have been constituted by Letters Patent under the great seal on the 14th October, 1841, and to which it, by implication, gives legal validity.
The Colonial Act 21 and 22 Viet, (No.17), passed in 1857, refers to the Bishop of New Zealand as a recognized püblic officer, and confers on him the power of divesting himself of certain hereditaments held on trust, and of conveying them to certain trustees.
Having regard to these statutes (which appear to us to involve a Parlin- mentary recognition of two of the existing Bishoprics in New Zealand), we are of opinion that it is not competent to the Bishops of New Zealand (or, at all events, not for those of them to whom the above-mentioned statutes relate) to resign their Letters Patent, and retain the see which they founded; that is to say, if they did so, the corporation would be not extinct in law, but in abeyance and it is obvious that this circumstance might lead to much confusion, and would certainly be injurious to the interest of members of the Church of England in the Colony.
Upon the whole, we think that it would be expedient to introduce a Bill into Parliament with the objects contemplated in the Draft which was prepared and settled by us last session, with such additions thereto as may be necessary for the purpose of removing all legal impediments which exist, or may be supposed to exist, to the consecration of Bishops for voluntary Episcopal Churches, either in this country or elsewhere, without any Letters Patent, or Royal Mandate, or License, and also for the purpose of excluding any special legal jurisdiction which exists, or may be supposed to exist, either in Her Majesty in Council, or of any ecclesiastical authority in this country, over unestablished Colonial Bishops or their Churches, other than such jurisdiction as Courts of Law and Equity possess over other voluntary religious bodies; and further (if that should be thought expedient) to enable Her Majesty to accept, and the Bishops to make surrender of any Letters Patent purporting to convey to them ecclesiastical authority in the Colonies, which may have been already granted, without prejudice to the right of such Bishops to continue to exercise their spiritual functions upon a voluntary principle.
These observations will, of course, be understood only to apply to those Colonies or possessions of the Crown in which the Church of England is not already constituted under any form of legal establishment.
We have, &c. (Signed) ROUNDELL PALMER,
R. P. COLLIER. ROBERT PHILLIMORE.
The Right Hon. Edward Cardwell, M.P.,
&e.
&e.
&e.
SIR,
17
No. 7.
COPY of a LETTER from Sir FREDERIC ROGERS, Bart., to the ATTORNEY- GENERAL.*
Downing Street, January 31, 1866. IN the joint Report of yourself and the Solicitor-General and Queen's Advocate, dated the 10th of January, and relating to a Memorial from the Bishops of New Zealand on the status of Colonial Bishops, it was recommended that the draft settled by you last Session in relation to the Colonial Episcopate should be so enlarged as to remove certain legal impediments to the consecra tion of Bishops for voluntary Episcopal churches in the Colonies, to exclude any special jurisdiction in respect to such churches, and to enable Her Majesty to accept the surrender by Colonial Bishops of their existing Letters Patent. These recommendations are embodied in the accompanying draft.
The suggestion made by the Archbishop of Canterbury in his letter of the 8th of November (of which a copy was inclosed in my reference of the 22nd ultimo), of repealing existing Acts of Parliament which relate to the Colonial Church, has been to a certain extent adopted.
That is to say, the existing laws which regulate the position in England of clergy ordained by Colonial or by any other Bishops not being Bishops of English or Irish dioceses are repealed, and so much of them as it seems advisable to retain is consolidated, with a certain amount of modification.
The effect of the whole is to extend to all Bishops other than English and Irish diocesans, the provisions made last Session with respect to the Scottish Episcopal Church, subject to such modifications as will enable such Bishops to perform Episcopal functions ministerially under commission from English or Irish diocesans.
I am to request that you will favour Mr. Cardwell with your opinion whether and with what modifications the inclosed Draft Bill may be submitted to Parliament.
The Attorney-General.
I have, &c.
(Signed)
FREDERIC ROGERS.
P.S.-As Mr. Cardwell is desirous of laying this Bill before Parliament without delay, he would be glad to receive your opinion upon it at your earliest convenience.
Inclosure in No 7.
F. R.
DRAFT OF A BILL to Remove Doubts as to the Effect of Lætters Patent granted to certain Colonial Bishops; and to amend the Law with reference to Voluntary Episcopal Churches in Her Majesty's Colonies and Foreign Possessions, and to Clergy ordained by Bishops not holding Sees in the United Church of England and Ireland.
WHEREAS doubts have arisen as to the effect of Letters Patent granted by Her Majesty and her Royal predecessors, by or under which Bishops have been appointed to exercise episcopal functions for the benefit of clergy, congregations, and persons professing the religion of the United Church of England and Ireland in divers colonies and foreign possessions of this realm, within which legal jurisdiction could not be conferred upon such Bishops by such Letters Patent; and it is expedient that such-doubts, so far as relates to the several matters hereinafter mentioned, should be removed; and it is further expedient that the laws relating to voluntary Episcopal churches in Her Majesty's colonies and foreign possessions, and to clergy ordained by Bishops not holding sees in the United Church of England and Ireland, should be amended : Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and
• Similar letters to the Sulicitor-General and the Queen's Advocate.
Jucl. in No. 7.
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