CO885(2-3) — Page 269

Letter-Patent to

of incorporating Bishops.

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18

consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:---

1. All such Letters Patent so granted by Her Majesty or by any of her be valid for purpose Royal predecessors as aforesaid (whether the same shall or shall not purport to confer jurisdiction) shall be and shall be deemed to have been effectual in law for the purpose of incorporating the Bishops therein named respectively and their respective successors, and of enabling them to sue and be sued by their corporate names therein mentioned, and to have a corporate seal.

Letters-Patent

valid for purpose of wuthorizing exercise of Epis. copal functions in respect to persons voluntarily sub- mitting thereto. Construction of

term "Diocese" or **See." in Letters

Patent.

Episcopal arts valid if such as rnight have been foundel on volun- tary content.

Letters-Patent u.ay be surrendered.

Status, &c., of

Bhop to be judged

of Law.

2. All such Letters Patent shall be deemed and be sufficient and effectual in law for the purpose of authorizing the Bishops therein named, or their successors respectively, to exercise Episcopal functions for the benefit of such clergy, congregations, and persons as may voluntarily have submitted, or may voluntarily submit, themselves thereto within such respective districts or places as may be in that behalf mentioned in and by such Letters Patent, whether under the name of dioceses or sees or otherwise; and the term "diocese" or "sce," as used in any such Letters Patent, or in any Royal mandate or licence for the consecration of any such Bishop as aforesaid by which legal jurisdiction shall not have been, or shall not be, conferred, and in all Acts, ordinances, deeds, and instruments whatsoever having reference thereto, shall be construed to mean the district or place in any of Her Majesty's colonies or foreign possessions within which any such Bishop shall have been authorized to exercise Episcopal functions, for the benefit of such clergy, congregations, and persons as may voluntarily have submitted, or may voluntarily submit, themselves thereto.

3. All Episcopal acts which might lawfully have been done within any such district or place by any such Bishop if he had been lawfully chosen and consecrated "Bishop by the free and voluntary consent of such clergy, congrega- tions, and persons as aforesaid, without any Letters Patent, or Royal mandate or licence, shall be deemed to be and to have been valid and lawful if done by any such Bishop appointed under such Letters Patent, or Royal mandate or licence, by which legal jurisdiction shall not have been conferred as aforesaid, unless it shall be otherwise declared by any law in force within such district or place for the time being.

4. Any Bishop exercising Episcopal functions in any of Her Majesty's colonies or foreign possessions by or under authority of any Royal Letters Patent, may, by writing under his hand and seal, declare his desire to surrender such Letters Patent if he shall think fit so to do, and on the acceptance of such surrender by Her Majesty, signified through one of Her Majesty's Principal Secretaries of State, all Letters Patent appointing such Bishop, or creating or purporting to create the diocese of such Bishop, shall become and be from thenceforth null and void; but such surrender shall not operate to prevent any such Bishop from continuing after the acceptance thereof to exercise within the district constituting such diocese all such Episcopal functions, and to do all such Acts as he might lawfully have exercised and done respectively within such district for the benefit of such clergy, congregations, and persons us may voluntarily submit themselves thereto, if he had been lawfully chosen and consecrated Bishop by the voluntary consent of such clergy, congregations, and persons as aforesaid, unless it shall be otherwise declared by any law in force within such district for the time being.

5. All questions of law respecting the status, rights, powers, and duties of by ordinary Courts any Bishop exercising Episcopal functions in any of Her Majesty's Colonies or foreign possessions in which there shall be no Ecclesiastica Court established by law with jurisdiction to determine such questions in relation to any other Bishop, or to any such elergy, congregations, or persons as atoresaid, and of all such clergy, congregations, and persons in relation to any such Bishop as aforesaid, shall be tried and determined by the same Courts whether in Her Majesty's Colonies or foreign dominions or in Great Britain) and in the same manner in all respects as any questions of the like nature arising with respect to the status; rights, powers, or duties of any ministers, clergy, congregations, or persons pro- fessing any other form of religion not established by law within the same part of Her Majesty's Colonies or foreign dominions are or ought to be tried and determined, and not in any other manner or by any other Courts or Court or authority whatsoever.

Royal Mandate 1901

to be required for

6. Nothing in the Act passed in the session of the thirteenth and fourteenth years of King Charles the Second, intituled, An Act for the Uniformity of Publick

**

19

their functions out

Prayers, and Administration of Sacraments, and other Rites and Ceremonies: Consperation of and for establishing the Form of making, ordaining, and consecrating Bishops, Bishops to exercise Priests, and Deacons in the Church of England," or in any other law or statute of United Kingdom. of the United Kingdom contained, shall be deemed to prevent or to render unlawful the consecration, either in Great Britain or elsewhere, of any Bishop for the purpose of exercising Episcopal functions in any of Her Majesty's Colonies or foreign possessions, or elsewhere beyond the limits of the United Kingdom, for the benefit of such clergy, congregations, and persons as may voluntarily submit themselves thereto, for the reason only that no Royal Mandate or licence may have been granted for or may be produced or read at such consecration.

7. The several Acts of Parliament enumerated in the Schedule to this Acts repealed. Act are hereby repealed, but not so as to revive any other Acts repealed thereby, nor so as to render invalid or illegal any act, matter, or thing lawfully done in conformity with the said Acts, or any of them, at any time before the passing of this Act.

8. No person admitted into the Holy Orders of priest or deacon by any Persons ordained Bishop not being a Bishop of a diocese in England or Ireland shall be entitled by Foreign or to be admitted or instituted to any benefice or other Ecclesiastical preferment

Colonial Bishops in England or Ireland without the consent and approbation of the Bishop of the meat in England

not to hold prefer- diocese in which such benefice or other Ecclesiastical preferment may be situated; or Ireland withou→ and any such Bishop shall be entitled to refuse such consent and approbation one of without assigning reason for such refusal, any law or practice to the contrary Diuersan. notwithstanding; and every such person seeking to be admitted or instituted to such benefice or other Ecclesiastical preferment, or to be licensed to apy curacy, shall, before being admitted, instituted, or licensed, make and subscribe before such Bishop every such declaration and subscription as he would by law have been required to make and subscribe at his Ordination if he had been ordained by n Bishop of the United Church of England or Ireland: Provided always, thut the provisions of this Section shall not apply to any such person who shall hold or shall have held any benefice or Ecclesiastical preferment in England or Ireland.

9. Any person who shall have been admitted into the Toly Orders of Nor to officiate priest or deacon by any Bishop not being a Bishop of a diocese in England or without notice to Ireland, and who does not hold or who has not held any benetice or Ecclesiastical Diocesan or cou preferment in England or Ireland, who shall knowingly officiate on more than tion.

trary to his hujuse- one day within three months in any church or chapel in any diocese in England or Ireland, without notifying the same to the Bishop of the diocese in which such church or chapel is situate, or who shall officiate contrary to any Injunction of the Bishop of the diocese under his hand and seal, shall for every such offence forfeit and pay the sum of ten pounds to the Governor of Queen Anne's Bounty, to be recovered by action of debt, brought in the name of the Treasurer of the said Bounty, in any of Her Majesty's Courts of Record at Westminster, or in the Court of Session in Scotland at the suit of the Public Prosecutor, or in Ireland in any Court of Common Law in the name of the Ecclesiastical Commissioners.

under Commissió!

10. Nothing in the two last preceding sections of this Act contained shall Exception of extend or be held to extend to any person who, upon the request or by the persons ordained commission in writing under the hand and seal of the Bishop of any diocese in from Engisi or England or Ireland, and with the consent and licence in writing of the Archbishop Irish Dioresan. of the province within which such diocese shall be situated, shall have been or may hereafter be ordained a deacon or priest within the limits of such diocese by any such Bishop as in the said two sections is mentioned; and all admissions, institutions, and inductions to benefices in the United Church of England and Ireland, and all appointments to act as curates and chaplains therein of persons so admitted into Holy Orders by any such Bishop upon and by any such and commission as aforesaid, shall, notwithstanding anything herein contained, be to all intents and purposes good and valid in law.

request

comditions as ter

11. Provided always, that every Bishop who shall ordain any person in Sich Ordinatum, pursuance of such request or commission as aforesaid shall be subject to the to be subject to several provisions and limitations established by the laws of this realni or cations title, ecclesiastical as to the titles of the persons to be ordained; and us to the oaths and subscriptions to be by such persons taken and made, and further that all letters of orders of persons so ordained shall be issued in the name and be subscribed with the signature of the ordaining Bishop as commissary of, or acting on behalf of, the Bishop of the diocese within' which such ordination shall

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PUBLIC RECORD OFFICE

Reference -

41 TTC.O.885

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

3PUBLIC RECORD OFFICE, LONDON