CO885-(2-3) — Page 52

It has been submitted to, and received the approval of, the members of the Church in Victoria, and met with very slight opposition in the Legislative Council.

Any interference with questions of faith, or matters of doctrine, has been carefully guarded against; undiminished connection with the Church in Great Britain has been ensured and the Supremacy and Royal Prerogative of Her Majesty, as well as the powers of the 'See of Canterbury, and of the Metropolitan, have been strictly protected.

The promoters of the measure propose to apply for a law to repeal so much of the local Act, previously referred to, as affects the government of the Church, so soon as the assent of Her Majesty to this Bill has been signified; and the remaining provisions of that and other laws relating to Ecclesiastical Courts, it is intended at the same time to consolidate.

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of the Church" (although such objections are rather of a constitutional than of a strictly legal character), could not be removed by the Royal license, and would require legislative enactment on the part of the Imperial Parliament.

We have, &c. (Signed)

The Right Hon. Sir William Molesworth, Bart.,

&c.

&c.

&c.

J. D. HARDING. A. E. COCKBURN. RICHARD BETHELL.

No. 2.

SIR,

No. 2.

COPY of a LETTER from the LAW OFFICERS of the CROWN to Sir WILLIAM MOLESWORTH.

Doctors' Commons, August 17, 1855.

(Received August 18, 1855.) We are honoured with Lord John Russell's commands signified in Mr. Merivale's letter of the 24th May last, stating that he was directed to send us a copy of a Bill passed by the Legislature of Victoria, entitled, "An Act to enable the Bishops, Clergy, and Laity of the United Church of England and Ireland in Victoria, to provide for the Regulation of the Affairs of the said Church," and of the despatch transmitting it; and to request that we would inform his Lordship whether we consider Her Majesty can be advised to assent to it consistently with existing laws.

If we should be of opinion that any statutable objection exists to the meeting of the clergy and laity under the provisions of this Bill, Mr. Merivale was pleased to request that we would state whether we thought it could be removed by Royal license.

In obedience to your Lordship's commands we have the honour to report:

That we are of opinion that if Her Majesty should consent to this Bill, the Ecclesiastical supremacy of the Crown in the Colony of Victoria will be thereby most seriously affected, if indeed it should continue to have any legal existence.

The Bill proposes to constitute an Elective General Assembly of clerical and lay deputies or representatives, invested with general autho- rity over all the "affairs of the Church," which Assembly is to provide for the calling of future Assemblies (section 13), and is to establish an Eccle- siastical Commission Court for the trial of ecclesiastical offences (section 3).

The propriety of erecting such a body and investing it with a perma- nent and independent legal existence, and with such large and peculiar legal authority and power in derogation of the Royal supremacy, is a question of policy for the consideration of Her Majesty's Government.

We observe that by section 18 it is enacted that nothing contained in the Bill shall affect the right to nominate or appoint any Metropolitan or Bishop of the said United Church in Victoria, or any other rights or prerogatives of Her Majesty" (save as to patronage); but we are of opinion that the "other rights or prerogatives of Her Majesty" (thereby saved) must be limited by legal construction to other rights ejusdem generis as those enumerated, and that the important prerogative right incidental to the Royal supremacy of preventing or of constituting, and from time to time convoking and dissolving, Ecclesiastical Legislative Assemblies, will be abrogated by the Royal assent being given to this Bill. So far as regards the meeting of a Legislative Assembly of the clergy exclusively, such a meeting might be rendered legal by Royal license; but the objections to the empowering the laity to elect representa- tives to sit with the clergy and to legislate with them upon "the affairs

[See Act annexed.]

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