CO885(2-3) — Page 267

. PUBLIC RECORD OFFICE

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༄།།།་cO.885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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PUBLIC RECORD OFFICE, LONDON

Inal. 2 in No. 5

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any trustees or trustee for equality of exchange as aforesaid, after payment of the costs and expenses payable by such trustees or trustee in relation to such sale or exchange, shall be expended in the absolute purchase of other freehold lands or hereditaments in New Zealand.

3. All property which shall be so purchased or received in exchange as aforesaid, shall be held by the trustees or trustee in whom it shall become vested upon such trusts as the property so to be sold or given in exchange was held subject to.

4. Any Trustees or Trustee may from time to time, by any deed, lease any portion of the trust property vested in them or him, in respect of which no trust shall have been created inconsistent with the exercise of this present power, to any person or persons, for any term not exceeding twenty-one years in possession and not in reversion, at such rent, and subject to such covenants and provisoes as they the said Trustees or Trustee may deem reasonable, and may apply the rents of the property so leased to the purposes to which the annual income or proceeds of the trust property shall for the time being be properly applicable.

5. The receipt in writing of any Trustees or Trustee, or of any agent duly authorized in that behalf, shall be a good and effectual discharge for all money paid to them or him under or by virtue of these presents, and shall exonerate the person or persons paying such money from all obligation of seeing to the application thereof, and from all liability on account of the loss,' misapplication, or non-application thereof, and it shall not be incumbent on any purchaser or other person, to or with whom such sale, exchange, or lease as aforesaid shall be made, to inquire as to the necessity for or propriety of such sale, exchange, or lease.

6. Every Trustee shall be chargeable for such money only as he shall actually have received, although he shall have joined in any receipt for money received by any co-Trustee, and shall not be answerable for the act of any co-Trustee, or for any loss which may arise by reason of any trust money being deposited in the hands of any banker or agent, or from the insufficiency or deficiency of any security upon which the trust money or any part thereof may be invested, nor for any loss in the execution of the Trust, unless the same shall happen through his own wilful neglect or default.

Inclosure 2 in No. 5.

The Right Hou. EDWARD CARDWELL, M.P., to the Ancnsistor oF CANTERBURY.

MY LORD ARCHBISHOP,

Downing Street, October 28, 1865.

1 HAVE the honour to inclose copies of a despatch from the Governor of New Zealand, a Petition from the Anglican Bishops in that Colony, and a Memorandum by the Colonial Ministers."

The object of the Petition is that the Bishops may be allowed to surrender their Letters-Patent, that the Royal mandates under which they were conse- crated may be declared to have been merely the authority for their conseera- tion and to have no further effect, and that in future the right to consecrate in the manner described may be recognized in the Bishops of the Anglican Church in New Zealand.

I have requested the Law Officers of the Crown to form me whether the prayer of the Petition can be legally granted, and if so, what legal steps would be necessary to give effect to it

In the meantime I should feel much obliged to your Grace by the favour of any observations on this Petition with which you may think fit to favour me on the subject.

The Archbishop of Canterbury.

I have, &c.

(Signed) EDWARD CARDWELL.

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- Inclosure 3 in No. 5.

!

The ARCHBISHOP OF CANTERBURY to the Right Hon. EDWARD CARDWELL, M.P.

Addington Park, November 8, 1865.

SIR,

I HAVE given my careful attention to the Petition from the Anglican Bishops of New Zealand, which you have done me the honour to forward, accom- panied by a despatch from the Governor of New Zealand, and a Memorandum from the Colonial Ministers.

The substance of that petition scerns to me to be the natural and necessary corollary from the two Judgments of the Judicial Committee of Privy Council referred to by the petitioners.

It is thereby established that the Crown has no authority over the colonial branches of the Church of England; that it cannot, of its own authority, incor- porate Bishops of the Church of England within the colony by Letters-Patent, and that henceforth the quasi judicial decisions of the governing powers in the colonial churches can only be regarded as proceedings "in foro domestico,” which ought not to be liable to be reviewed, on appeal, by the Judicial Committee of the Privy Council.

The existing Letters-Patent then having been declared invalid, I can see no reason why the petitioning Bishops should not be allowed to surrender them; and as the Anglican Church in the colonies is declared to bo on the same footing exactly, quoad its relation to the State, as the several Nonconformist bodies there, it appears to follow that the Bishops of those churches should be allowed to exercise all the Episcopal functions in the colony, according to the constitu- tion on the basis of voluntary compact, which has been agreed upon and pro- mulgated. This Constitution has been recognized by the Colonial Legislature, and is in accordance with a despatch from a former Colonial Secretary, the Right Honourable Henry Labouchere.

This much as to the future. But as regards the past, I must be allowed to express an earnest hope that Her Majesty's Government will see fit to introduce into Parliament early in the ensuing session a Bill for all the colonies in which the Church is not by law established, enacting that all acts already done, which would have been legal under the Letters-Patent, now declared invalid, shall be as good and effectual in law as if the Letters had been valid.

The problem still remains to be settled, what will be the exact relation between the Anglican Church in the colonies and the Church of England at home. It will require time and thought to solve the question, but I already find an anxious wish on the part of clergymen selected here for Colonial Bishoprics to be consecrated by the Archbishop of Canterbury. I hope, therefore, that in the Bill for which I ask, it may be declared lawful for the Archbishops and Bishops of the Church of England to consecrate Bishops for such colonies without any license or Letters-Patent from the Crown,

I should imagine it would now be right to repeal those Acts of Parliament which relate to the Church in these colonies, as having no longer any force.

I have, &c.

C. T. CANTUAR.

No. 6.

(Signed)

COPY of a LETTER from the Law Officers of THE CROWN to the Right Hon. EDWARD CARDWELL, M.P.

SIB,

Lincoln's Inn, January 10, 1866.

WE are honoured with your commands signified in Mr. Elliot's letter of the 22nd ultimo, stating that he was-directed to acknowledge the receipt of our Report of the 10th ultimo, in which we requested to be informed whether any Statutes or Ordinances have been passed by the Legislature of New Zealand relative to Bishops in that Colony created by Her Majesty's Letters Patent.

A copy of the late Bishop of New Zealand's Trust Act, passed by the Legislature in 1858, which is referred to in the Petition from the Bishops now

E

Incl. 3 in No. 5.

No. 6.