1424 THE CHURCH IN THE DOMINIONS [PART VII 
The history of the question is of interest. The ecclesias- 
tical law of England is not part of the common law which 
was introduced by British settlers into settled Colonies. The 
letters patent creating Colonial bishops have not purported 
to confer upon such bishops jurisdiction over lay persons 
such as used regularly to be exercised by the ecclesiastical 
Courts as, for example, in matrimonial matters, questions 
of probate, ecclesiastical dues, or cases of brawling, defama- 
tion of character, and so on. The first Colonial bishopric 
created was that of Nova Scotia in 1787, where the letters 
patent conferred upon the bishop full power and authority 
upon ecclesiastical matters over the ecclesiastics of the 
Church of England in Nova Scotia, and authorized him not 
only to visit the various ecclesiastical persons in his diocese, 
but also to punish and correct them, whether by removal, 
deprivation, suspension, or other ecclesiastical censure or 
correction, according to the ecclesiastical law of England, and 
to inquire into their conduct by witnesses to be duly sworn. 
Another commission empowered the bishop to exercise like 
authority and jurisdiction in Quebec, New Brunswick, and 
Newfoundland. Reference is made to this bishopric in 
s. 40 of the Act of 1791, establishing representative institu- 
tions in the two Canadas. In 1793 the bishopric of Quebec 
was founded, and the two Canadas were removed from the 
jurisdiction of Nova Scotia. In 1819 an Imperial Act (c. 60) 
recognized the episcopal jurisdiction of the Bishops of Quebec 
and Nova Scotia as existing? In 1839 the diocese of New- 
foundland was detached from the diocese of Nova Scotia 
and the diocese of Toronto carved out of that of Quebec, 
the same power of jurisdiction being given. In 1845 the 
bishopric of New Brunswick was detached from that of 
Nova Scotia, New Brunswick having possessed representa- 
tive institutions from 1784. In 1857 the bishopric of Huron 
1 The Governor in the Canadian Provinces had power under his commis- 
sion and instructions to appoint to benefices, but he was required to allow 
the bishop to institute (cf. 2 P. C. 258, at pp. 267 seq.) ; it was preserved in 
the letters patent of Lord Monk in 1861, and repeated for all Canada in 1867 
as Governor-General. Hence it was argued that the right of presentation 
belonged to the Governor-General in New Brunswick in 1869, but local legis- 
lation settled the doubts, just as in the case of the issue of marriage licences.