§ MR. DUNLOPsaid, he would, pursuant to notice, beg to ask the Secretary of State for the Colonies, Whether, looking to the recent decision of the Judicial Committee of the Privy Council in the case of Bishop Colenso, by which, with reference to Colonies with representative Legislatures, or in which the Church of England has not been established by Law, Patents for the erection of Episcopal Sees therein, purporting to confer ecclesiastical 276 jurisdiction, are pronounced to be contrary to Law, it is the intention of the Government to advise Her Majesty to abstain henceforth from issuing any more such Patents for Colonies so situated; and also from nominating successors under the existing illegal Patents to Bishops who may die or resign, leaving the voluntary associations of which such Bishops are the chief ministers to provide successors according to the rules and canons they have adopted or may adopt for the government of their own non-established Communions; and particularly whether this course will be recommended in reference to Canada, where, by an Act of the Canadian Legislature to which the Royal Assent was duly given, all connection between Church, and State has been expressly abolished?
§ MR. CARDWELLsaid, with reference to Canada, the practice of issuing Letters Patent for the appointment of a Bishop had been for some time discontinued. The practice in Canada now was that the Bishops were selected by the clergy of the colony, and those Bishops derived their civil rights from the Legislature of the colony. With respect to issuing Letters Patent for other colonies, he begged to assure his hon. Friend that this very important subject had been brought under the consideration of the Government by the recent decision of the Privy Council, and was receiving the careful attention of the Government. No Letters Patent would be issued to any colony until the subject was fully disposed of by the Government.
§ MR. DUNLOPsaid, he would now beg to ask Mr. Attorney General to what extent and effects, if any, Patents erecting Episcopal Sees in colonies having representative Legislatures, or in which the Church of England has not been previously by law established, and purporting to confer ecclesiastical jurisdiction, are valid and operative; and also to inquire under what statutory or other authority the Queen, as Sovereign of the United Kingdom, issues Patents for the erection of Episcopal Sees, in accordance with the religious system established by Law in only one part of the United Kingdom—England—in colonies which never where, at any time, colonies of England, but have been from their origin British colonies.
THE ATTORNEY GENERALSir, It is very much more easy, especially after the recent decision, to say what is not 277 the effect of these Letters Patent, than to say what is. I will, however, endeavour to answer my hon. Friend's question according to the best interpretation I can put upon this decision. In the first place, I understand it to be determined that no legal dioceses are created by those Letters Patent in the colonies to which the question has reference. Secondly, that these Letters Patent create no legal identity between the Episcopal Churches, presided over by these Bishops, and the United Church of England and Ireland. Thirdly, that the Letters Patent do not introduce into those colonies any part of the English Ecclesiastical Law. Fourthly, that they confer on the Bishops no legal jurisdiction or power whatever, and add nothing to any authority which the Bishops may be legally capable of acquiring by the voluntary principle without any Letters Patent or Royal sanction at all. There remains nothing, therefore, in the Letters Patent, except it be, as I understand, simply to incorporate the Bishops and their successors as a legal corporation, with the ordinary incidents of a legal corporation. But even as to that, I see it stated in the recent judgment, that these Letters Patent are not valid for the purpose of establishing any ecclesiastical corporation whose status, rights, and authority the colonies could be required to recognize.
§ MR. DUNLOPThe hon. and learned Gentleman has not answered the second part of my question.
THE ATTORNEY GENERALI beg pardon. I thought my hon. Friend would understand from my answer that the maximum operation of these Letters Patent in the colonies would seem to be to incorporate the Bishops and their successors, not as an ecclesiastical corporation, but simply as a common lay corporation, which it is the ordinary prerogative of the Crown to create, and for which no statutory power is required.