HC Deb 18 May 1865 vol 179 cc486-7
MR. GRANT DUFF

said, he would beg to ask Mr. Chancellor of the Exchequer, Under what circumstances a portion of the expenses incurred by the Bishop of Cape Town in his unsuccessful lawsuit with Mr. Long were repaid to him by the Treasury?

THE CHANCELLOR OF THE EXCHEQUER

said, in reply, that the circumstances under which this payment was made where somewhat peculiar The Bishop of Capo Town presented a memorial to the Lords of the Treasury to the effect that he had been engaged in trying questions which did not concern himself individually, but which related to the rights of the Crown, with reference to his office. That memorial was referred to the Colonial Office, with a request that the Secretary of State would inform the Lords of the Treasury whether, in his opinion, there were circumstances of a peculiar nature in the case which would seem in justice to warrant and require a payment such as the Bishop had asked. The answer of the Colonial Office was, that the question brought under consideration in the case of the Bishop of Cape Town did bear not only upon the position of the Bishop, but likewise upon important questions connected with the prerogative of the Crown, and its titles and rights in the Colonies, and that consequently it would have been the duty, under other circumstances, of the advisers of the Crown to instruct the Law Officers, the Queen's Advocate, and the Attorney General, to attend the Privy Council and watch the case on behalf of the Crown. But it so happened that the Bishop of Cape Town himself had retained the Queen's Advocate and the Solicitor General to act as his counsel, and consequently they discharged the duty on behalf of the Crown, though immediately at the charge of the Bishop of Cape Town. It was therefore thought fit to make some allowance to the Bishop in respect to that portion of his costs which the Crown must have borne but for the circumstance of his having retained its Law Officers. He did not remember precisely what the sum was, but of course the papers could be produced.

MR. HENRY SEYMOUR

said, he wished to know, whether there would be an opportunity for a fuller explanation of the matter before the Estimates?

THE CHANCELLOR OF THE EXCHEQUER

said, if further explanation was desired, the hon. Member could move for the correspondence.