1432 THE CHURCH IN THE DOMINIONS [PART VII
matter of fact, new letters patent in 1856 granted a representative
 legislature, and, in the case of the Cape, letters
patent of 1850 permitted the existing nominee council
to establish a Parliament. The Judicial Committee’s decision,
 however, might well be regarded as sound, on the
ground that in the Cape the Crown had no power of legislation,
 and the authority of an external bishop in the Cape over
a bishop in Natal could thus not legally be constituted, as it
could only legally be constituted if there was in both cases
a power of legislation by Order in Council. The validity of
the judgement, however, in regard to Colonies with representative
 institutions, is of course unquestionable, and it determined
 once and for all the status of bishops in the Colonies.
The question came up for further decision in the case of
the Bishop of Natal v. Gladstone, which was decided in 1866
by Lord Romilly, Master of the Rolls. In that case the
bishop sued Mr. Gladstone, one of the trustees of the Colonial
Bishoprics’ Fund, for arrears of his salary, and it was decided
by the Master of the Rolls that he was entitled to his salary.
This judgement of the Master of the Rolls is of great importance,
 because it laid down a clear distinction between two
forms which might be adopted by the Church of England in
the Colonies. In the one case the members might remain
members of the Church of England and be bound among
themselves by agreement by the constitution of that Church;
if then any disputes as to rights arose amongst such persons
they would fall to be determined by the civil Courts (for
there was no such thing as an Ecclesiastical Court in the
Colonies) according to the law of the Church of England as
declared by the English Courts from time to time. Their
bishops would be consecrated by the bishops of the Church
of England in accordance with the rules for the consecration
of bishops. On the other hand, it was possible for a Church
to be set up which was in full communion with the Church of
England, but which nevertheless by agreement or by Act
of the Colonial Legislature would have a completely separate
constitution, and that constitution would be a matter to be
13 Eq 1. The decision is not wholly compatible with that of the
Privy Council, and so far is of inferior value.