CO885(2-3) — Page 265

PUBLIC RECORD OFFICE

ETUTTI

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C.O.885

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

PUBLIC RECORD OFFICE, LONDON

Bishop of New Zealand's Trust- Art. 1859.

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compact, for the ordering the affairs, the management of the property, the promotion of the discipline of the Members thereof, and for the inculcation and maintenance of sound "doctrine and true religion throughout the Colony.

5. That this Constitution has been recognized by an Act of the Colonial Legislature empowering the Bishop of New Zealand to convey to Trustees appointed by the General Synod, as established under the provisions of the said Constitution, numerous properties formerly held by him; and that at the present time, the residences of four Bishops and of many of the Clergy, sites for churches and schools, burial grounds, lands for the endowment of Bishoprics, parishes, schools, colleges, and of the Melanesian mission, are vested in Trustees appointed under the authority of the said General Synod; and further, that regulations have been framed for the administration of the properties so held in trust for the General Synod, and a tribunal has been established for the decision of any doubts which may arise in the course of such administration; in agreement, as it is believed, with the decision of the Judicial Committee of the Privy Council in the case of Rev. W. Long r. the Bishop of Cape Town.

6. That the General Synod, at its last meeting held at Christchurch, in May 1865, framed rules for enforcing discipline within their body, and also established a tribunal to determine whether the rules so framed and assented Judgment of Judi. to "have been violated or not, and what shall be the consequences of such cial Committer of violation:" and that all the Bishops in New Zealand, together with Bishop Privy Council.

Patteson, assented to the rules so framed, and to the establishment of the Long Blf tribunal aforesaid; and are bound, in common with all the Clergy and Lay Officers of the Church in this Colony, by all the rules adopted by the General Synod. And further, that this compact so entered into by all the Bishops in New Zealand before the receipt of the Judgment of the Judicial Committee of the Privy Council on Petition of the Bishop of Natal was afterwards found to be in agreement with the following words of that Judgment:-

Capetown.

Dowing Street,

February 15, 1956.

Judges 11 of Juli- eial Committee of

the Priv. Council. Long v. "Rishop o Capethau.

Tak

Judgment of Lord Lyndhurst in tone e of Tir. Warr

Julgus ut on Petition of the 15.shop of Natal,

***The United Church of England and Ireland is not a part of the Consti tution in any Colonial Settlement, nor can its authorities, or those who bear office in it, claim to be recognized by the law of the Colony otherwise than as -the members of a voluntary association.”

*. That this constitution of the Church in New Zealand was framed after careful consideration of a despatch of the Right Honourable H. Labouchere to Governor-General Sir Edmund Head, Bart, and in accordance with the following suggestion in that despatch :--

-I am aware of the advantages which might belong to a scheme under which the binding force of such regulations should be simply voluntary."

S. That your Majesty's Petitioners have accepted and acquiesce in the derision of the Judicial Committee of the Privy Council that the Church of England in this Colony is in the same situation with any other, religious body, in no better, but in no worse, position; and the members may adopt, as the members of any other communion may adopt, rules for enforcing discipline within their body which will be binding on those who expressly or by implica tion have assented to them."

And they therefore humbly subanit that the Judgment of Lord Lyndhurst in the east of Dr. Warren points out the course of procedure in all questions which may arise between any of the members of the Anglican Church in Nen Zealand, whether Bishops, Clergy, or Laity, who have bound themselves by voluntary compæet under the authority of the General Synol, viz. :---

(1. That the question be tried and decided according to the rules of the Synol, as agreed to by the Bishops, Clergy, and Laity.

(2.)Timt on the petition of either party the Supreme l'ourt of the Colony has authority to inquire into the regularity of the proceedings and the authority of the tributal, and on those grounds merely to affirm or annul the decision.

4. That from any such decision of the Supreme Court of the Colony an appee, would lie to the Privy Council upon the same grounds,

and therefore that the Anghean Church in New Zealand is effectually guarded against the danger apprehender! by the Lords of the Judicial Committee, viz., that eases might deaur in “which there would be a denial of justice, and uo remedy for great public inconvenience and mischief," without having ree surse to a direct appeal to the Crown in the case of any controversy such as that which is presented by the Petition of the Bishop of Natal,

9. That the above recited principle of the civil equality of all religious bodies has been affirmed by a Resolution passed by the House of Representatives August 28, 1855. in New Zealand.

10. That your Majesty's Petitioners humbly express their conviction that the right of appointment of Bishops in New Zealand is not part of the prerogative of the Crown, inasmuch as all the Bishoprics were founded by 25 Edwd, III. private efforts and endowed from private resources; and further that the Stat. 6. assertion of any such claim may operate as a most serious discouragement to the Clergy already in New Zealand, and tend to prevent other Clergymen from coming out from England, by cutting them off from all hope of election to the highest offices of the Church in this Colony.

11. That your Majesty's Petitioners, therefore, humbly pray that all doubts may be removed as to their status, both ecclesiastical and temporal:-

(1.) By the acceptance of the surrender of their Letters Patent now declared to be null and void.

(2.) By declaring the Royal Mandate under which your Majesty's Petitioners were consecrated to be merely an authority given by the Crown for the act of consecration, and to have no further effect or legal consequence. (3.) By recognizing the inherent right of the Bishops in New Zealand to fill up vacancies in their own order, by the consecration of persons elected in conformity with the regulations of the General Synod, without Letters Patent and without Royal Mandate, in the same manner as they have already conscerated a Missionary Bishop for the islands in the Western Pacific, after communication with your Majesty's Principal Secretary of State for the Colonies, and with the Attorney-General of New Zealand.

And your Majesty's humble and loyal Petitioners, as in duty bound, will ever pray.

G. A. NEW ZEALAND.

(Signed)

June 13, 1865.

H. J. C. CHRISTCHURCH.

July 6, 1965,

EDMUND NELSON,

June 21, 1865.

C. J. WELLINGTON.

WILLIAM WAIAPU.

June 23, 1865.

June 13, 1865.

Inclosure 3 in No. 3.

MEMORANDUM by MINISTERS.-PETITION of BISHOP SELWYN and others.

MINISTERS are of opinion that the recent Judgment of the Judicial Committee of the Privy Council, in Bishop Colenso's case, affects the Civil Government of Colonies m which Responsible Government exists in two particulars.

It being established by the Judgment that the Crown has no authority over the Colonial branches of the Church of England, it follows that the Crown ought not to incorporate Bishops of that religious denomination within the Colony by Letters Patent, except under the advice of the Colonial Ministers, advice which, of course, will not be given in the case of one religious body in exclusion of others.

The right to advise the Crown (through the Governors, in reference to the creation of corporations within the Colony is one which Colonial Ministers ought to guard with jealousy,

It being also established by the Judgment that Letters Patent, purporting to confer Episcopal jurisdiction within the Colony are a nullity, and that Bishops so appointed have no jurisdiction or authority over the members of their religious communities other than that which the governing authorities of all religious bodies possess over the members of their respective denominations, it follows that quasi judicial proceedings by Bishops (like those of other governing autho- rities of religious bodies), within the Colony can only be regarded as proceedings

D

Incl. 3 No 3