Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VII. The Church in the dominions

Collection:: Economics Books

cuar.1] THE CHURCH IN THE DOMINIONS 1429 and authority the Colony could be required to recognize, after the Colony or settlement had received legislative institutions. The Judicial Committee considered that this view was borne out by the course of legislation. Thus the bishopric of Calcutta was established under the authority of an Act of 1813; the additional bishoprics of Madras and Bombay were also established under an Act of 1833, both of which Acts conferred an ecclesiastical jurisdiction as far as necessary for administering holy ceremonies and for the superinten- dence and good government of the ministers of the Church establishment. In 1824 a bishop was appointed in Jamaica by letters patent, but his position was confirmed by a Colonial Act, which would have been improper unless the Law Officers of the Government had been satisfied that the Colonial statute was necessary to give effect to the establish- ment of the bishopric. Moreover, in England even under Henry VIII it was considered necessary to pass an Act to establish new Dbishoprics, and the same plan had been adopted in the case of the bishoprics of Manchester and Ripon. No doubt letters patent had long been issued conferring an ecclesiastical jurisdiction, but such letters patent were no doubt inadvertent copies of the instruments issued for India ander the provisions of an Act of Parliament! They also laid it down that the ecclesiastical law of England was not in force in a settled Colony,? and that therefore eccle- siastical jurisdiction could not be conferred even if the letters patent were sufficient in law to confer on Dr. Gray the ecclesiastical status of metropolitan, and to create between him and the Bishop of Natal the personal relations of * Historically this argument is certainly incorrect. * Save, of course, by legislation as in Prince Edward Island in 1802 '43 Geo. IIL. c. 6), with a saving for dissenters. This Act stood until 1879, when it was repealed (c. 18), an attempt in 1878 having proved abortive by delay in assent ; Provincial Legislation, 1867-95, pp. 1200-2. In New Brunswick the Church was not established, though favoured ; see Hannay, New Brunswick, i. 169 seq. In Nova Scotia the Church was by Act of 1758 established, and its position was one of great strength ; the bishop was a member of the Council ; it is no longer in this position ; see Rev. Stat., 1900, c. 109; Act 1911, c¢. 117. In the rest of Canada it was never established.

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