1424 THE CHURCH IN THE DOMINIONS [PART VII
The history of the question is of interest. The ecclesiastical
 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, defamation
 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 institutions
 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 Newfoundland
 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 representative
 institutions from 1784. In 1857 the bishopric of Huron
1 The Governor in the Canadian Provinces had power under his commission
 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 legislation
 settled the doubts, just as in the case of the issue of marriage licences.