APPENDIX E.

LAWS RELATING TO CHRISTIANITY IN THE DEPENDENCIES.

THE Ecclesiastical element which has been interwoven with the British Constitution by a series of Parliamentary enactments, forms no part of that system of law and government which necessarily prevails in the Dependencies, whether acquired by settlement, cession, or conquest. Attempts have indeed been made at various times, as will appear from the subjoined Schedule of Orders in Council and Acts of Parliament, to establish in certain Colonies the same religious machinery which exists in the parent State. Thirty Episcopal Dioceses have also been created by Letters Patent under the Royal Sign Manual, but the spiritual jurisdiction conferred by them is limited to those who may voluntarily place themselves within its pale.*

Neither the Canon Law, nor the authority of Courts Ecclesiastical (unless constituted by Local Legislatures), have any force in the Dependencies.† Neither do the Acts of Uniformity, nor those which provide for the maintenance and discipline of the Clergy, extend to the Colonies, unless

* Vide Parliamentary Papers, 175, 1850.

+ Vide Ancient Charters of South Carolina and New York, cited in "Anderson's History of the Colonial Church,” vol. ii. p. 548. An Enquiry into the Ecclesiastical Law of the Colonies, by the Rev. H. Venn," 1856.

Also

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imported into them by express legislation; and this power cannot now be exercised by the Imperial Government, except in those few remaining Colonies to which constitutions have not yet been granted. In all the Colonies which possess representative government, the Local Legislatures have a full and exclusive power to adapt, if they think fit, the Ecclesiastical Law of Great Britain to their respective exigencies. The West-Indian Colonies have largely exercised this power, and in their statute-books will be found a long series of enactments of that nature, commencing with the year 1825, and extending to the present time.*

The Legislatures of the Australian Colonies have also passed laws for the endowment of ministers of religion, connected not only with the Episcopal body, but also with other denominations of Christians.

Examples of such legislation will be found in the statute books of New South Wales,+ Victoria, and Tasmania.

An Address has been recently presented to Her Majesty from the Legislature of Canada "for the repeal of such English Statutes as impede the meeting of the clergy and laity of the Church of England in Synod; and that the choice of bishops may be left to the clergy and laity of each diocese;" in other words, praying for the absolute sur

*Vide Letter from Sir James Stephen to the Earl of Harrowby.

Vide 8 Will. IV., No. 5 (New South Wales): An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland, in New South Wales. Also No. 7: An Act to regulate the temporal affairs of Presbyterian Churches and Chapels in the same Colony (amended by 4 Vict., No. 18). Also 2 Vict., No. 7: An Act to regulate the temporal affairs of the religious societies denominated Wesleyan Methodists, Independents, and Baptists.

Vide 18 Vict.: 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. By s. 18 of this Act, the Royal prerogative in respect of the nomination of Bishops, &c., is expressly reserved.

render of the Royal prerogative in matters ecclesiastical, within the Colony. No action has, as yet, been taken by the Home Government upon the subject.*

ORDERS IN COUNCIL, RELATING TO CHRISTIANITY IN THE DEPENDENCIES.

1634

1661

1677

1679

1726

1822

1829

1839

For placing English congregations in all British factories, and places of trade in Europe, and elsewhere, in any foreign parts under the ecclesiastical jurisdiction of the Bishop of London.

(July 3.) Approving Report of Committee, relating to the spiritual supervision of Jamaica.

(June 8.) Directing Bishop of London to appoint six able ministers of the Gospel to be sent to the Leeward Islands.

(April 25.) Ordaining that all clergymen sent as chaplains to His Majesty's Plantations, shall retain their fellowships during absence.

(August 9.) For passing a Commission, empowering the Bishop of London to exercise spiritual jurisdiction in the Plantations, and appointing a Court of Appeal from any sentences that shall be given under such Commission.

(May 18.) For suppressing or reducing the number of Roman Catholic Festivals in Trinidad, and instructing the Vicar Apostolic of the West-Indian Islands accordingly.

(March 18.) Approving certain instructions to the Governor of Jamaica, altering the mode of disposing of church patronage in that Island.

(February 20.) For saving to the clergy and ministers of the Christian religion in certain Colonies, the heretofore existing right to fees on celebration of marriage.

* Vide Parliamentary Papers relating to Ecclesiastical matters in the Colonies, 1856.