CO885(2-3) — Page 247

PUBL

RECOR

OFFICE

Referenc

1111 C.O.885

PUBLIC RECORD OFFICE, LONDON

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

3-4

to the Liturgy of the Church established by the Laws of England, shall be deemed the fixed form of worship within the said Province. And whereas the Churches of the said Province are not without great difficulty supplied with Ministers duly ordained, and the people thereof are deprived of some offices prescribed by the Liturgy and usage of the Church of England for want of a Bishop residing in the said Province. For remedy of the aforesaid inconveniences and defects, we have determined to erect the aforesaid Province into a Bishop's See; and we do, by these presents, erect, found, ordain, make, and constitute the said Province of Nova Scotia and its Dependencies to be a Bishop's See, and to be called from henceforth the Bishopric of Nova Scotia and its Dependencies; and to the end that this our intention may be carried into due effect, we having great confidence in the learning, morals, probity, and prudence of our well-beloved Charles Inglis, Doctor in Divinity, do name and appoint him to be Bishop of the said See of Nova Scotia and its Dependencies, so that he, the said Reverend Charles Inglis, shall be and be taken to be Bishop of the Bishop's Sce of Nova Scotia and its Dependencies, and may, by virtue of this our nomination and appointment, enter into and possess the said Bishop's See as the Bishop thereof during his natural life without any let or impediment of us, our heirs or successors. And we do by these presents give and grant to the said Charles Inglis and his successors, Bishops of Nova Scotia and its Dependencies, full power and authority to confer the orders of Deacon and Priest, to confirm those that are baptized and come to years of discretion, and to perform all the other functions peculiar and appropriate to the office of a Bishop, such Bishop and his successors having been first duly ordained or consecrated Bishops according to the form prescribed by the Liturgy of the Church of England; and also by him or themselves, or by his or their Commissary or Commissaries to be by him or them substituted and appointed to exercise jurisdiction spiritual and ecclesiastical in and throughout the said See and Diocese according to the Laws and Canons of the Church of England, which are lawfully made and received in England in the several causes and matters hereafter in these presents expressed and specified, and no other; and for a declaration of our Royal will concerning the special causes and matters in which we will that the aforesaid jurisdiction. shall be exercised, we have further given and granted, and do by these presents give and grant, to the aforesaid Bishop and his successors full power and authority by him or themselves, or by his or their sufficient commissary or commissaries, by him or them, to be substituted and named to give institution to benefices, and grant licenses to curates, and to visit all rectors, curates, ministers, and incumbents of all the churches within their said diocese wherein Divine Service shall be celebrated according to the rites and liturgy of the Church of England, and all priests and deacons in holy orders of the Church of England resident in their said diocese, with all and all manner of jurisdiction, power, and coercion ecclesiastical that may be requisite in the premises, as also to call before him or them, or his or their cominissary or commissaries, at such competent days, hours, and places whatsoever, when and as often as to him or them or his or their commissary or commissaries, shall seem meet and convenient, the aforesaid rectors, curates, ministers, incumbents, priests, or deacons in holy orders of the Church of England, or any of them, and to inquire, by witnesses to be sworn in due form of law by him or them, or his or their commissary or commissaries, and by all other lawful ways and means by which the same may by law be best and most effectually done, as well concerning their morals as their behaviour in their said offices and stations respectively, as also to administer all such oaths as are accustomed to be taken in Ecclesiastical Courts, and to punish and correct the aforesaid rectors, curates, ministers, incumbents, priests, and deacons in holy orders of the Church of England, according to their demerits, whether by removal, deprivation, suspension, or other ecclesiastical censure or correction as they may be liable to according to the canons and laws ecclesiastical aforesaid: And further we have given and granted, and do by these presents give and grant, to the aforesaid Bishop and his successors full power and authority from time to time to name and substitute under his

35

and their hands and episcopal seals, one or more sufficient commissary or commissaries to exercise and perform all and singular the premises in the said diocese, and the several parts thereof, with effect, and to remove and change the said commissaries from time to time as to him or them shall seem expedient. And we will that, during a vacancy of the said See by the demise of the said Bishop or his successors, or otherwise, institution to benefices and licenses to curates may be given by the commissary or commissaries who were so as aforesaid named and substituted by the last preceding Bishop, and were in the possession of that office under such substitution and appointment at the time when the See became vacant; and in case of the death of such commissary or commissaries before another Bishop is appointed to the said see, we will that institutions to benefices and licenses to curates within the said diocese may be given by or by the authority of any clergyman of the Church of England resident in the said diocese who shall be appointed for that purpose by the Governor of the province: And, moreover, we command, and by these presents, for us, our heirs and successors, strictly enjoin, as well all and singular our Governors, Judges, and Justices, as all and singular rectors, curates, ministers, incumbents, and other our subjects in our said Province of Nova Scotia and its dependencies, that they and every of them be aiding and assisting to the said Bishop and his successors, and his or their commissary or commissaries, in the execution of the premises in all things as becomes them: Nevertheless, we will and do by these presents declare and ordain that it shall be lawful for any person or persons against whom any judgment, decree, or sentence shall be pronounced by any commissary or commissaries of the said Bishop or his successors to demand a re-examination and review of such judgment, decree, or sentence before the Bishop himself or his successors, who upon such demand made shall take cognizance thereof, and shall have full power and authority to affirm, reverse, or alter the said judgment, sentence, or decree of his or their commissary or commissaries after having fully and maturely re-examined and reviewed the same, and if any party or parties shall conceive himself or themselves aggrieved by any judgment, decree, or sentence pronounced by the said Bishop or his successors, either in case of any such revision or in any cause originally instituted before such Bishop or his successors, it shall be lawful for such party or parties so conceiving himself or themselves to be aggrieved to appeal from such sentence to us, our heirs and successors, in our High Court of Chancery of Great Britain, so as notice of such appeal be given to the said Bishop within fifteen days after such sentence shall have been pronounced, and good and sufficient security in the penalty of 1007. given by the appellant or appellants to pay such costs as shall be awarded in case the sentence appealed from shall be affirmed by Commissioners to be named by us, our heirs and successors, under our great seal of Great Britain, for the hearing and determining of the same: And we will that such Commissioners shall have power finally to decide and determine the said appeal in as ample männer and form as the Commissioners appointed and assigned under our great seal of Great Britain, by virtue of the statute made in the twenty-fifth year of the reign of King Henry the Eighth, intituled "An Act for the submission of the Clergy, and restraint of Appeals," can or may hear and definitively determine appeals from any of the Courts of the Archbishops of our Realm of England: Moreover we will and grant by these presents that the said Bishop be a body corporate, and do ordain, make, and constitute him to be a perpetual corporation, and to have perpetual succession, and that he and his successors be for ever hereafter called and known by the name of Bishop of Nova Scotia, and that he and his successors, by the name aforesaid, shall be able and capable in the law and have full power to purchase, have, take, hold, and enjoy such manors, messuages, lands, rents, tenements, annuities and heredi- taments, of what nature or kind soever, in fee and in perpetuity, or for term of life or years, as by grant or liceuse under the Great Seal of our Pro vince of Nova Scotia, he or they shall at any time be authorized to take, hold, and enjoy, and also all manner of goods, chattels, and things personal whatsoever, of what nature or value şocver, and also to demise any of the

**