CO885-(2-3) — Page 217

Printed exclusively for the use of the Cabinet.

CONFIDENTIAL.

Correspondence and Draft Bill respecting Colonial Bishoprics.

No. 1.

Copy of a LETTER from Sir FREDERIO ROGERS, Bart., to the LAW OFFICERS OF THE CROWN.

SIR,

Downing Street, May 19, 1865.

THE recent decision of the Judicial Committee of the Privy Council in the case of the Bishop of Natal, of which a copy is annexed, has rendered it necessary for Her Majesty's Government to take into their serious consideration the legal position of Diocesan Bishops in the British Colonies; and Mr. Secretary Cardwell is desirous of obtaining your opinion in respect to certain inconve- niences which may be apprehended from the state of the law as now disclosed.

It would seem that in many cases where the Crown has assumed the power of erecting Colonial Dioceses and conferring Episcopal jurisdiction, no such Dioceses have been created, nor any such jurisdiction conferred. Hence it becomes matter of doubt what may be the effect of various Imperial and Colonial Laws which have been passed, and of instruments of endowment which have been executed, on the supposition that such Dioceses and Diocesan jurisdie- tion had a legal existence.

It also becomes a question how Colonial Dioceses are to be erected and Diocesan Bishops appointed in future; the Royal authority having been pronounced, in many Colonics, to be insufficient for this purpose.

It appears to Her Majesty's Government that the inconveniences to be apprehended from this state of things will be most effectually removed by proceeding upon the following general principles :-

1. That all connection between the Crown and the Colonial Episcopate shall cease, except so far as in Crown Colonies the legislative power herein- after mentioned may, from time to time, be exercised by Her Majesty.

2. That the Colonial Bishops in connexion with the English Church shall be in all respects as free and as unprivileged as other Bishops (e.g. the Roman Catholic), all, of course, remaining equally subject to the enacting powers of the Colonial Legislatures.

9. That no Colonial Bishop, nor any clergyman ordained by any such Bishop, shall exercise his functions, nor any such clergyman receive preferment in an English or Irish Diocese, without permission from the Diocesan.

4. That all past proceedings shall be so far ratified as to do substantial justice in respect of endowments, and to avoid questions respecting the validity of marriages, but that no such ratification shall extend to any claim of jurisdic- tion properly so called.

Mr. Cardwell desires me to request (1) that you will favour him with your opinion whether the application of these principles will sufficiently remove any inconvenience which may be anticipated from the present state of the law, us declared in the case of the Bishop of Natal. (2.) That you will inform him,

[251]

PUBLIC RECORD OFFICE

Reference

TTC.O.885

3PUBLIC RECORD OFFICE, LONDON

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

A

No. 2.

?