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PUBLIC RECORD OFFICE

LIITT

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C.O:885

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PUBLIC RECORD OFFICE, LONDON

ST. HELENA

No. 19.

• Page

30

CORRESPONDENCE RELATIVE TO

Although no practical inconvenience appears yet to have arisen in St. Helena on this account, Lord Carnarvon considers it objectionable that there should be no legal power of restraining abuse among the clergy, and his lordship desires me to request that you will take the Imperial Acts relating to Church Discipline into your consideration, and will inform him how far, in your opinion, if at all, they could be adapted to the circumstances of a Crown Colony such as St. Helena.

If it should be deemed advisable that a local ordinance should be passed for this purpose, Lord Carnarvon thinks that it should be of the simplest description.

l'enclose a copy of the ordinance of St. Helena (No. 2 of 1861) to which the Bishop

refers.

Lord Carnarvon will be glad to receive an early reply to this question.

The Queen's Advocate,

&c.

&c.

&c.

I have, &c. (Signed) FREDERIC ROGERS.

No. 23.

Cory of a LETTER from the QUEEN'S ADVOCATE to the Right Hon. the Earl of CARNARVON.

MY LORD,

Doctors' Commons, January 21, 1867.

I AM honoured with your lordship's commands, signified in Sir Frederic Rogers' letter of the 17th instant, stating that he was directed by your lordship to transmit to me a copy of a despatch from Governor Sir Charles Elliot, enclosing a letter from the Bishop of St. Helena in which he points out the absence of proper ecclesiastical control over the beneficed clergy in the Colony. That although no practical inconvenience appears yet to have arisen in St. Helena on this account, your lordship considers it objectionable that there should be no legal power of restraining abuse among the clergy; and Sir Frederic was desired by your lordship to request that I would take the Imperial Acts relating to Church Discipline into consideration, and inform your lordship how far in my opinion, if at all, they could be adapted to the circumstances of a Crown Colony such as St. Helena, and that if it should be deemed advisable that a local ordinance should be passed for this purpose, your lordship thought that it should be of the simplest description.

Sir Frederic enclosed a copy of the ordinance of St. Helena (No. 2 of 1861) to which the Bishop refers, and stated that your lordship would be glad to receive an early reply to this question.

In obedience to your lordship's commands, I have considered this matter, and have the honour to report—

That it appears to me clear that at present the Bishop of St. Helena has no legal power of discharging his duty towards the Church over which he is placed, by the censure, suspension, or deprivation of the incumbents of any of the three parishes mentioned, should they unhappily so misconduct themselves as to render the infliction of these punishments necessary for the welfare of the Church; because it is enacted by the third section of the ordinance of April 8, 1861, that these incumbents shall "

only "be removable for the like causes and in the same manner as any rector or vicar is

now by law removable in England."

CC

Now rectors and vicars in England are only removable under the provisions of the Clergy Discipline Act (3 & 4 Vict. cap. 60), the greater part of the machinery of which act is entirely inapplicable to the island of St. Helena.

I therefore think that the Bishop's request is well founded, and that power should be given to him to exercise legally ecclesiastical discipline over the beneticed clergy of bis diocese, and I humbly advise that a local ordinance for this purpose be passed without delay.

I have sketched out on a paper appended to this report the kind of ordinance which would appear to me proper. It is expedient that it should be as simple, flexible, and untechnical as possible.

The Right Hon. the Earl of Carnarvon,

I have, &c. (Signed) ROBERT PHILLIMORE

COLONIAL BISHOPRICS.

Enclosure in No. 23.

31

ST. HELENA

WHEREAS it is expedient to make due provision for the exercise by the Bishop of ecclesiastical Faci. in No. 15, discipline over the beneficed clergy in his diocese: Be it enacted by the Governor in Council, as follows:-

That if any beneficed clerk in holy orders within the diocese shall be charged of being guilty of any offence against the laws ecclesiastical, it shall be lawful for the Bishop, either of his own mere motion, in which case he shall assign some person to act as prosecutor, or at the instance of any person to whom he shall grant permission to promote his office, to cause a citation to issue under his hand and seal, which shall be served upon the accused party, and a copy of it be left with him, in which citation the offence with which he is charged shall be duly specified, and the accused party bo called upon within a reasonable period (which shall also be specified) to appear before the Bishop at a certain place and time, and make his defence, either in person or by his agent or counsel, against the said charge. And if he shall neglect or refuse to do so it shall be lawful for the Bishop, upon proof of the due service of the citation, to proceed to pass such sentence upon him as would be warranted by ecclesiastical law if he had been tried and found guilty of the offence with which he is charged.

It shall be lawful for the Bishop at any trial of a clerk in holy orders, to take, as an assessor, some person skilled in the law, either judge or advocate, who shall assist him in the trial of such clerk; and it shall be lawful for the Bishop to frame and issue from time to time such rules and regulations as he may be advised, by some person skilled by the law, and who shall countersign the same, are conducive to the due administration of justice.

And it shall be the duty of the proper legal or other civil authorities, and they are hereby required to carry into effect, so far as their assistance may be necessary, any sentence of the said Bishop duly certified under his hand and scal.

It shall be lawful for the party against whom any sentence shall have been passed, to appeal there- from to the Metropolitan under whose authority the Bishop of St. Helena is placed by the terms of

his Letters Patent: Provided always, that any such appeal shall only be from a decree or order having the force and effect of a final sentence, and shall be bona fide prosecuted within after the delivery of such sentence, by the presentation of a petition of appeal to the said Metropolitan.

No. 24.

Cory of a DESPATCH from the Right Hon. the Earl of CARNARNON, to Vice-Admiral Sir C. ELLIOT, K.C.B. (No. 31.)

No. 24

SIB,

Downing Street, February 9, 1867. I have received your Despatch, No. 165, of the 24th November last, enclosing & * Fage letter addressed to me by the Bishop of St. Helena, in which he points out the absence of proper control over the beneficed clergy in that island.

Although no practical inconvenience appears yet to have arisen on this account, I consider it objectionable that there should be no legal power of restraining abuses among the clergy.

Having consulted the Queen's Advocate on this subject, he has furnished me with the draft of an ordinance which he is of opinion will accomplish the object in view in a simple manner.

bave, therefore, to request that you will take an early opportunity of enacting an Draft of Ordi ordinance in the terms of the annexed draft, which are almost identical with that proposed me in 723, by the Queen's Advocate.

The Right Hon. Edward Cardwell, M.P.

&c.

&c.

&c.

I have, &c. (Signed) CARNARVON.

&c.

&c.

&c.

D 4

imenti

CEYLON.

32

CORRESPONDENCE RELATIVE TO

No. 25

CEYLON.

No. 25.