CO885-(2-3) — Page 300

PUBLIC RECORD OFFICE

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Reference

C.O.8

885

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

59 Geo. 3. c. 60,

Colonial Bishops.

said Schedule mentiqued, but not so as to revive any other Acts repealed thereby, nor so as to render invalid or illegal any Act, Matter, or Thing lawfully done in conformity with the said Acts, or any of them, at any Time before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.

2. Whereas by the Act passed in the Fifty-ninth Year of His 5 late Majesty King George the Third (being One of the said Acts hereby repealed) it is (amongst other things) enacted that no Person who after the passing of that Act should have been ordained a Deacon or Priest by a Colonial Bishop who at the Time of such Ordination did not actually possess an Episcopal Jurisdiction over 10 some Diocese, District, or Place, or was not actually residing within such Division, District, or Place, should be capable in any way or on any Pretence whatever of at any Time holding any Par- sonage or other Ecclesiastical Preferment within His Majesty's Dominions, or of being a Stipendiary Curate or Chaplain, or of 15 officiating at any Place or in any Manner as a Minister of the Established Church of England and Ireland, and that all Admis- sions, Institutions, and Inductions to Benefices in the Church of England or Church of Ireland, and all Appointments to act as Curates therein, which shall be made contrary to the Provisions 20 of that Act should be to all Intents and Purposes null and void: And whereas it is apprehended that through Ignorance or Inad- vertence or Misapprehension of the Law as to Episcopal Jurisdiction in some of Her Majesty's Colonies or Foreign Possessions Persons ordained by Colonial Bishops who at the Time of such Ordination 25 did not actually possess an Episcopal Jurisdiction over the Diocese, District, or Place within which they were then actually residing, may have held or may now hold Parsonages or other Ecclesiastical Preferments within Her Majesty's Dominions, or may have been or may now be Stipendiary Curates or Chaplains therein, or may 30 have officiated from Time to Time as Ministers of the Established Church of England and Ireland: Be it enacted as follows: No Admission, Institution, or Induction of any Person so ordained as aforesaid to any Parsonage or other Ecclesiastical Preferment within Her Majesty's Dominions, or to any Stipendiary Curacy 35 or Chaplaincy, nor any Act performed by any such Person as a Minister of the Established Church of England and Ireland, shall by Bishops not having

be deemed to be or to have been invalid at Law by reason of any Jurisdiction Want of Jurisdiction of the Bishop by whom such Person may

have been ordnined over any Diocese, District, or Place within 40 which such Bishop may have been actually residing at the Time of such Ordination; but every such Admission, Institution, or Induc- tion, and every such ministerial Act as aforesaid, shall be deemed to have been as valid and effectual for all Purposes whatever as if the

Validity given to Appoint- ments and ministerial Acts

in case of Ordinations

in the Place of their

Residence.

Person

Colonial Bishops.

3

Person sa ordained as aforesaid had been ordained by a Colonial Bishop possessing an Episcopal Jurisdiction over some Diocese, District, or Place, and actually residing therein.

ordained by

to hold Pre-

3. No Person admitted into the Holy Orders of Priest or Persons 5 Deacon by any Bishop not being a Bishop of a Diocese in Eng- Foreign or land or Ireland shall be entitled to be admitted or instituted to Colonia! any Benefice or other Ecclesiastical Preferment in Eugland or Ireland without the Consent and Approbation of the Bishop of ferment in

Bishops not the Diocese in which such Benefice or other Ecclesiastical Pre- England or 10 ferment may be situated; and any such Bishop shall be enti- without

tled to refuse such Consent and Approbation without assigning Consent of Reason for such Refusal, any Law or Practice to the contrary notwithstanding; and every such Person) seeking to be admitted or instituted to such Benefice or other Ecclesiastical Preferment,

15 or to be licensed to any 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 a Bishop of the United Church of

20 England or Ireland: Provided always, that 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.

Ireland

Diocesan;

4. Any Person who shall have been admitted into the Iloly Nor to

without

contrary to

25 Orders of Priest or Deacon by any Bishop not being a Bishop officiate

of a Diocese in England or Ireland, and who does not hold or Notice to who has not held any Benefice or Ecclesiastical Preferment in Diocesan or England or Ireland, who shall knowingly officiate on more than his Injunes One Day within Three Months in any Church or Chapel in tion. 30 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 35 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 40 Ecclesiastical Commissioners.

5. Nothing in the Two last preceding Sections of this Act Exception of contained shall extend or be held to extend to any Person who, Persous

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ordained

upon

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PUBLIC RECORD OFFICE

Ilk kh

C.O. 8

Reference :-

885

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

3PUBLIC RECORD OFFICE, LONDON

under Com

mission from English or Irish Diocesan.

4

Colonial Bishops.

upon the Request and by the Commission in Writing under the Hand and Seal of the Bishop of any Diocese in England or Ireland, and with the Consent and Licence in Writing of the Archbishop of the Province within which such Diocese shall be situated, shall have been or may hereafter be ordained a Deacon or Priest within 5 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 10 Bishop upon and by any such Request and Commission as afore- said, shall, notwithstanding anything herein contained, be to all Intents and Purposes good and valid in Law.

*

Such Or- 6. Provided always, That every Bishop who shall ordain any dination to

Person in pursuance of such Request and Commission as aforesaid 15 be subject to Conditions as shall be subject to the several Provisions and Limitations established to Title, &c.; by the Laws of this Realm or Canons Ecclesiastical as to the Titles of the Persons to be ordained, and as to the Oaths and Subscriptions to be by such Persons taken and made; and further that all Letters of Orlers of Persons so ordained shall be issued in 20 the Name and be subscribed with the Signature of the ordaining Bishop as Commissary of the Bishop of the Diocese within which such Ordination shall take place, and shall be sealed with the Seal of the Bishop of such Diocese; and all such Acts of Ordination shall be recorded and registered in like Manner as if they had been 25 performed by the Bishop of such Diocese.

and regis-

tered in English

or Irish

Diocese.

**

7. Nothing contained in an Act passed in the Fifty-third 53 Geo. 3. Year of His late Majesty King George the Third, intituled “An "Act for continuing in the East India Company for a further "Term the Possession of the British Territories in India, with 30 "certain exclusive Privileges, for establishing further Regulations "for the Government of the said Territories, and the better Admi "nistration of Justice within the same, and for regulating the Trade to and from the Places within the Limits of the said Company's Charter;" or in another Act passed in the Third 35 and Fourth Years of His late Majesty King William the Fourth, intituled "An Act for effecting an Arrangement with the East "India Company, and for the better Government of His Majesty's "Indian Territories till the Thirtieth Day of April One thousand

eight hundred and fifty-four," or in any Letters Patent issued 40 under Authority of the said Acts, or either of them, shall prevent any Person who shall be or shall have been Bishop of Calcutta, peruiming Madras, or Bombay in India from performing Episcopal Functions

and 3 & 4 W. 4.

not to pre

vent Indian Bishops from

1

not

Colonial Bishops.

5

not extending to the Exercise of Ecclesiastical Jurisdiction in pur- Episcopal suance of any such Request and Commission as aforesaid in any fue Com-

Functions Diocese in England or Ireland.

mission.

such as

8. All Episcopal Acts which might lawfully have been done within Episcopal 5 any District or Place by any Bishop lawfully chosen and conse- Acts valid if crated by the free and voluntary Consent of any Clergy, Congre- might have gations, and Persons voluntarily accepting him as their Bishop, been founder on voluntary without any Letters Patent, or Royal Mandate or Licence, shall Consent. be deemed to be and to have been valid and lawful if done by any

10 such Bishop appointed under any Letters Patent, or Royal Mandate

or Licence, by which legal Jurisdiction shall have not been conferred, unless it shall be otherwise declared by any Law in force within such District or Place for the Time being.

9. Any Bishop exercising Episcopal Functions in any of Her Letters 15 Majesty's Colonies or Foreign Possessions by or under Authority of surren

Patent may

any Royal Letters Patent may by Writing under his Hand and dered. 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 20 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 25 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 as may voluntarily submit themselves thereto, if he had been lawfully chosen and consecrated Bishop by the voluntary Consent

30 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.

16

cence may

be given

Consecration

10. Notwithstanding anything contained in the Act passed in the Royal Li- Session of the Thirteenth and Fourteenth Years of King Charles 35 the Second, intituled "An Act for the Uniformity of Publick in lien of

Prayers, and Administration of Sacraments, and other Rites and Manilate for "Ceremonies; and for establishing the Form of making, ordaining, of Bishops " and consecrating Bishops, Priests, and Deacons in the Church of to exercise

England," or in any other Law or Statute of the United King- tions out

Kingdom.

their Func-

40 dom, it shall be lawful for any Bishops or Bishop within the United United

Kingdom, if they or he shall be authorized so to do by Licence under Her Majesty's Royal Sign Manual, to consecrate from Time

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to