CO885(2-3) — Page 260

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sively for the use of the Colonial Office.

Gordon anden, Wes

AL BISHOPS BILL.

ANDUM AND CORRESPONDENCE.)

PUBLIC RECORD OFFICE

Reference :-

TTC.O.885

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Memorandum on the Draft to which the annexed Correspondence relates.

PUBLIC RECORD OFFICE

19

Reference —

C.O.885

3 PUBLIC RECORD OFFICE, LONDON

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

IT has hitherto been the practice to create Bishoprics by Letters-Patent, not only in Crown Colonies but in Colonics possessing Representative institutions. In the case of Long . the Bishop of Cape Town, it was determined by the Judicial Committee that in the latter class of Colonies these Letters-Patent conferred no coercive jurisdiction.

In the case of the Bishop of Natal this decision was re-affirmed, and it was further laid down that, except

in Crown Colonies, or under Act of Parliament, *We therefore arrive at the conclusion that Letters - Patent* assuming to

although in a Crown Colony, properly so called,

"constitute

1

or in cases where the Letters-Patent are made Bishopric" are ineffectual, and that the Ecclesias- in pursuance of the authority of an Act of Parlia-

ment (such for example as the Act of 6 and tical Corporation which such Letters-Patent pur- 7 Vict.. cap. 13), a Bishopric may be constituted port to create is not onet "whose status, rights, and ecclesiastical jurisdiction conferred by the

sole authority of the Crown, yet that the Letters and authority the Colony [i. e.. it is presumed the Patent of the Crown will not have any such Colonial Courts of Justice] would be required to

effect or operation in a Colony or Settlement

which is possessed of an independent legislature." recognize.”

-Judgment in Bishop of Natal's case, p. 10.

"In this state of things three principal ques- tions arise, and have been argued before us: First. Were the Letters-Patent of the 8th December,

The consequences of these decisions are serious,

1. If Colonial Bishops are not Ecclesiastical

1853, by which Dr. Gray was appointed Metro Corporations recognizable as such by Colonial politan, and a Metropolitan See or Province was Courts, much of the property hitherto held, or expressed to be created, valid and good in law?

Secondly. Supposing the ecclesiastical relation of supposed to be held, by them in that capacity is Metropolitan and Suffragan to have been created, placed in jeopardy. And if any "Dioceses" are was the grant of coercive authority and jurisdic-

tion expressed by the Letters-Patent to be not properly created, a variety of instruments and thereby made to the Metropolitan valid and good acts which have been framed or done with relation

in law?

*

*

With respect to the first question, we appre-

to that Diocese, or to the Diocesan character of the

hend it to be clear, upon principle, that after the Bishop, become uncertain in their meaning, or open establishment of an independent Legislature in to litigation.

the Settlements of the Cape of Good Hope and 2. The Act 59 Geo. 111, cap. 60, section

Natal, there was no power in the Crown by

enacts

virtue of its Prerogatis. (for these Letters that a clergyman ordained by a Bishop, not having Patent were not granted under the provisions of

any Statute) to establish a Metropolitan See or "Episcopal jurisdiction," and residing within the Province, or to create an Ecclesiastical Corpo

limits of that jurisdiction (except when ordained in

ration whose status, rights, and authority, the Colony could be required to recognize.

"After a Colony or Settlement has received legislative institutions the Crown (subject to the the Diocesan), is incapable of holding Ecclesiastical special provisions of any Act of Parliament) preferment or exercising ministerial functions

tands in the same relation to that Colony or Settlement as it does to the United Kingdom.

an English or Irish diocese, under commission from

within any part of Her Majesty's dominions.

But

It may be true that the Crown as legal Head a large number of clergy have been ordained for of the Church has a right to compiand the con-

ecration of a Bishop, but it has no power to Colonial service by Bishops who are now discovered assign him any diocese, or give him aur sphere to have had no jurisdiction whatever either in the of action within the United Kingdom."-Pages &

and 7.

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