CO885-(10-11) — Page 512

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PUBLIC RECORD OFFICE

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C.O. 885

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11 PUBLIC RECORD OFFICE, LONDON

SIR,

No. 398.

(CEYLON.)

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LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, March (13), 1866. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 10th ultimo, stating that he was directed by you, Sir, to acquaint us that the Bishop of Colombo, the clergy, and the laity of the diocese, have met together under the designation of the synod of Colombo, and have passed the "Acts and Resolutions" of which a copy was enclosed, together with a copy of a letter from the bishop to the Governor of Ceylon. That they include certain standing orders, p. 13, a declaration of the status of the synod (p. 17), and a declaration of principles (p. 18), which last declaration the synod seeks to oblige every person to sign who accepte an ecclesiastical appointment in the diocese.

(Resolutions VI. and VII.) And Sir Frederic Rogers was desired by you, Sir, to request that we would inform you whether there is anything in these proceedings which is open to legal objection, or which calls for the interposition of the Secretary of State as being inconsistent with the position of the bishop as invested with certain authorities under Royal Letters Patent (of which a copy was annexed), and as receiving a salary from the revenue of the Colony; and Sir Frederic was to add that it is not your opinion that you could properly proceed in the manner suggested by the 6th Reso- lution, and also to annex a copy of a further Despatch from the Governor enclosing No. 240. letters signed by certain members of the United Church of England and Ireland in 30 Dec. 1865.

the Colony, recording their desire not to be identified in any way with the acts or declarations of the synod.

In obedience to your commands we have considored this matter, and have the honour to

Report

That inasmuch as Ceylon is a Crown Colony, the Letters Patent constituting the bishopric of Colombo are valid in law, and it is not legally competent to the Bishop of Colombo, even with the consent of a synod of clergy and laity, to make or act upon any regulation which is either directly or virtually in conflict with the ecclesiastical law of the Church of England.

We think that the imposition of any new form of test for the Colonial clergy is, on this principle, inadmissible, and we agree with you, sir, that you cannot properly proceed in the manner suggested by the 6th Resolution passed by the synod. We also think that the same principle applies to Regulation VII., so far as it relates to the Archbishop of Canterbury.

Resolution VIII. will fall with the rejection of Resolution VI.

With respect to Resolution IX., as to the trial of offences, it does not seem to us to be necessarily at variance with the provisions on the subject contained in the Letters Patent, or with ecclesiastical law.

It does not appear to us that the other regulations proposed are illegal, though they can only be binding upon persons who have voluntarily submitted to them.

Whether the character claimed for the synod by the 4th Resolution, ought properly to be ascribed to it or not, resolves itself into a mere matter of opinion, and we think it is only just to observe that the synod and the bishop appear to have been anxious to avoid the assumption of any legislative or coercive powers, and to do nothing incon- sistent with the legal position of the church in the Colony.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER. ROBERT PHILLIMORE.

The Right Hon. Mr. Secretary Cardwell, M.P.

0 10970.-785. 25.-5/86.