CO885(2-3) — Page 218

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No. 2.

PUBLIC RECORD OFFICE

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FLC.O.885

in detail, what steps should be taken by way of legislation, or otherwise, to give effect to these principles.

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The Law Officers of the Crown.

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I have, &c.

(Signed)

FREDERIC ROGERS.

No. 2.

COPY of a LETTER from the LAW OFFICERS OF THE CROWN to the Right Hon. Mr. Secretary CARDWELL, M.P.

SIR,

Lincoln's Inn, June 5, 1865. WE are honoured with your commands signified in Sir F. Rogers' letter of the 19th ultimo, stating that the recent decision of the Judicial Committee of the Privy Council in the case of the Bishop of Natal, of which a copy is annexed, has rendered it necessary for Her Majesty's Government to take into their serious consideration the legal position of Diocesan Bishops in the British Colonies, and that you, Sir, are desirous of obtaining our opinion in respect of certain inconveniences which may be apprehended from the state of the law as now disclosed.

That it would seem, that in many cases where the Crown has assumed the power of creating Colonial Dioceses, and conferring Episcopal jurisdiction; no such Dioceses have been created, nor any such jurisdiction conferred. Hence it becomes matter of doubt what may be the effect of various Imperial and Colonial laws which have been passed, and of instruments of endowment which have been executed, on the supposition that such Dioceses and Diocesan jurisdiction had a legal existence.

That it also becomes a question how Colonial Diocesos are to be erected, and Diocesan Bishops appointed in future; the Royal authority having been pronounced in many Colonies to be insufficient for this purpose.

That it appears to Her Majesty's Government that the inconveniences to be apprehended from this state of things will be most effectually removed by proceeding upon the following general principles:—

1. That all connexion between the Crown and the Colonial Episcopaté shall cease, except so far as in Crown Colonies the legislative power hereinafter mentioned may, from time to time, be exercised by Her Majesty.

2. That the Colonial Bishops in connexion with the English Church shall be in all respects as free and as unprivileged as other Bishops (e. g., the Roman Catholic), all, of course, remaining equally subject to the enacting powers of the Colonial Legislatures.

3. That no Colonial Bishop, nor any Clergyman ordained by any such Bishop, shall exercise his functions, nor any such Clergyman receive preferment in an English or Irish Diocese, without permission from the Diocesan.

4. That all past proceedings shall be so far ratified as to do substantial justice in respect of endowments, and to avoid questions respecting the validity of marriages; but that no such ratification shall extend to any claims of jurisdiction properly so called.

Sir F. Rogers was also pleased to request (1) that we would furnish you, Sir, with our opinion whether the application of these principles will sufficiently remove any inconvenience which may be anticipated from the present state of the law, as declared in the case of the Bishop of Natal. (2.) That we would inform you, Sir, in detail, what steps should be taken by way of legislation, or otherwise, to give effect to these principles.

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In obedience to your commands we have taken this matter into considera- tion, and have the honour to report--

That we think the application of the principles laid down in Sir F. Rogers' letter will sufficiently remove any serious inconvenience which may be anticipated from the present state of the law, as declared in the case of the Bishop of Natal. For this purpose some legislation will undoubtedly be requisite; but we think that such legislation should be strictly limited to those objects which cannot be safely accomplished without it; and we have thought it the most convenient

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course to embody in the draft of a Bill, which we send herewith, the provisions which will in our opinion be necessary and sufficient for those purposes.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER. ROBERT PHILLIMORE.

The Right Hon. Mr. Secretary Cardwell, M.P.,

&c.

&c.

&c.

A Bill to remove Doubts as to the effect of Letters Patent granted to certain Colonial Bishops: and to amend the Law with reference to Clergy ordained by such Bishops.

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 func- tions for the benefit of clergy, congregations, and persons professing the religion of the United Church of England and Ireland, in divers Cofonies and Foreign Possessions of this realm, within which legal jurisdiction could not be conferred upon such Bishops by such Letters-Patent; and it is expe- dient that such doubts, so far as relates to the several matters hereinafter mentioned, should be removed, Be it therefore enacted, &c., as follows:

I. All such Letters-Patent by which legal juris- diction shall not have been or shall not be effectually conferred (whether the same shall or shall not pur- port to confer jurisdiction) shall be, and shall be deemed to have been, effectual in law, for the pur- pose of incorporating the Bishops therein named respectively, and their respective successors, and of enabling them to sue and be sued by their corporate names therein mentioned, and to have a Corporate Seal.

II. All such Letters-Patent shall be deemed and be sufficient and effectual in law for the purpose of authorizing the Bishops thereby appointed, or their successors respectively, to exercise Episcopal func- tions for the benefit of such clergy, congregations, and persons as may voluntarily have submitted or may voluntarily submit themselves thereto within such respective districts or places as may be in

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