CO885(2-3) — Page 257

No. 17.

54

The words of the Judicial Committee to which the Bishop, I presume. » refers p. 13) are as follows:-Their Lordships state the Supreme Court of the Cape to have been of opinion " that the Letters-Patent of 1853 being issued after a Constitutional Government had been established in the Cape of Good Hope, were ineffectual to create any jurisdiction. Ecclesiastical or Civil, within the Colony, even if it were the intention of the Letters-Patent to create such jurisdiction, which they think doubtful.

"In these conclusions,” they add, “ we agree,”

The Letters-Patent then were ultra rires and invalid, if and so far as they purported to convey to the Bishop any power of coercive jurisdiction irrespectively of the sanction of the local Legislature, and of the consent, express or implied, of those over whom it might be exercised. I am aware of no reason whatever for supposing them to be invalid, otherwise than as they may assume to grant this coercive jurisdiction; the Bishop's corporate character and any other incidents of his Episcopal position which result from the Letters-Patent remain untouched by the recent Judgment.

I have only to add, in answer to the Bishop's postscript, that he is at liberty to publish this and my previous despatch for the information of the Diocese.

Sir P. E. Wodehouse, K.C.B.,

I have, &c.

(Signed)

NEWCASTLE.

&c. &c. &c.

No. 17.

The Duke of NEWCASTLE to Governor Viscount MoxCK,

(No. 19, MY LORD,

Canada.) >

Downing Street, February 10, 1864.

A CORRESPONDENCE which arose out of the recent ense of Long r. the Bishop of Cape Town has led me to submit for the opinion of the Law Officers of the Crown the question whether any, and if so what, Metropo- litan pre-eminence or jurisdiction was conveyed by the Letters-Patent bearing date the 12th February, 1862, which constitute the Bishop of Montreal Metropolitan Bishop in the Province of Canada.

The following is the answer which I have received :—

"We think that it was competent to the Crown to constitute his Lord- ship a Metropolitan, and thereby to give him pre-eminence and precedence over his Suffragan; but that as to the coercive jurisdiction which the Metropolitan may exercise, and the manner in which it is to be exercised, these are matters which must be settled by the bishops, clergy, and laity of the Church in a general assembly of the Province, according to the provision of the local Act of the Canadian, Legislature 19 & 20 Vict.. cap. 121."

You will be good enough to communicate a copy of this opinion to the Bishop of Montreal, adding that it will be for his' Lordship, in concert with the other authorities of the Canadian Church to determine for them- selves whether they would prefer to apply for fresh and amended Letters- Patent, or to allow the existing instrument to remain in force, with the knowledge that so far as it assumes to invest the Metropolitan with coercive jurisdiction it is of no effect.

Governor Viscount Monek,

&c.

&c.

&c.

I have, &c. (Signed) NEWCASTLE,

ງ

PUBLIC RECORD OFFICE

Reference -

1111C.O.8

885

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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