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PUBLIC RECORD OFFICE

Reference

TILLC.O.

885

2 PUBLIC RECORD OFFICE, LONDON

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made provision for the office of Registrar of the Diocese, to which the Bishop appointed his brother."

The Act was continued for two years by two anuual Acts. On the occasion of the second renewal, the Governor was informed that it was not proper that the powers of the Bishop over his clergy should be dependent on annual legislation, and he was, therefore, instructed not to assent to any future Bill which should not be permanent.

Before this instruction reached the Colony, a new Clergy Act was passed. It was to continue in force only until the 31st December, 1837, and was to cease to be in force before that time if the then Bishop should previously have vacated his Bishoprie by death or otherwise. Without specially referring to the provisions of the Act, it will be sufficient to state the chief objections to it. It was objected, that the House of Assembly would reserve to themselves the right of refusing to any new Bishop the powers

which they are willing to confer on the present diocesan, and would, therefore, exercise a very effective control over the Royal Prerogarive by which the King enjoys the selection of Bishops. It was further objected, that it would impose restraints upon the clergy by compelling them to attend at such planta- tions as the Bishop should direct, without being left to exercise, even within their own parishes, an inde- pendent judgment as to the particular persons or bodies of men to whom their ministerial services would be most usefully afforded. That no clergyman would be able to officiate as a private chaplain with- out the previous license of the Bishop. That no unbeneficed clergyman might visit any plantation without the written permission of the rector of the parish. That every curate and officiating minister within the parish was "to be subject to the superin- tendence and control" of the Rector. That Curates were not to interfere with the duties of the Rectors, except with their written consent, and under such restrictions and stipulations as they should impose. Finally, that the Bishop, with the consent of the Governor, might not only displace any licensed curate from his cure, but might compel him to remove to any other part of the Island, however much the removal may be opposed to the curate's wishes.

3070.

December 14, 1832.

3121.

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For these and other reasons not necessary more particularly to refer to, the Act was disallowed.

The Act which was to have given these powers to the Bishop and the Rectors, was to have secured also the continued dependence of the Bishop and the Rectors on the Assembly; the Bishop for a renewal of his jurisdiction, the Rectors for a renewal of their increased stipends. It was expected that the result of the disallowance of this Act would probably be that the Assembly would refuse to pass any other, and it was anticipated that the effect of this would be that the Bishop would have no other jurisdiction than he might derive from the con- sciences of his Clergy, and their sense of the propriety of submitting themselves to Episcopal authority; whilst the stipends of the Rectors, Cu- rates, Registrar, and Apparitor would fall back to the amount prescribed by the old Acts, which the Clergy Act repealed and which would now revive.

The result, however, of the disallowance of the December 12, 1833. Act was the passing of another, with the objection- able clauses omitted, except in one particular (after- wards amended), namely, that no Minister of the Established Church was to officiate without being licensed by the Bishop.

3352.

May 2, 1840.

This Act was to continue in force till the 31st December, 1838.

It was allowed to expire, but was followed by another, passed in 1840, entitled, like previous Acts, "An Act to consolidate and amend the several laws relating to the Clergy of this Island, and to invest the Bishop of Jamaica with Ecclesiastical jurisdiction."

It varied, in some respects, from the expired law, and is thus described by Sir C. Metcalfe :

"It increases the salaries of Curates from 5001. to 650%., that is, from 3004. sterling, to 3901. By rendering the situation of the Curates who are, with respect to all their duties, in the same position as Rectors, more comfortable and more respectable, &c. The Justices and Vestry of the respective parishes are empowered to represent a failure in conduct of the Clergy to the Bishop, upon whom it is imperative to suspend payment of stipend during inquiry. No Curate is to be under the control of the Rector, or to be responsible to him except as pro- vided by this Act. This is, I conceive, a beneficial C