PART VII. THE CHURCH IN THE
DOMINIONS
CHAPTER IT
§ 1. Tur LEcaL Position oF THE CHURCH
Tur position of the Church in the Colonies presents a
remarkable contrast to the position of the Church in the
United Kingdom. It is true that at the present day the
gradual disuse or formal repeal of the powers of ecclesias-
tical jurisdiction, other than those referring to ecclesiastical
members of the Church itself, has considerably diminished
the importance of the official recognition by the State of
the Church as an essential part of the State. But the
connexion has only been diminished ; it remains in full force
in many particulars, and the presence of the bishops in the
House of Lords is a significant sign of the connexion of
Church and State. Moreover, the Crown not only has the
full control over the appointment of the archbishops
and bishops, besides possessing an extensive ecclesiastical
patronage, but the ecclesiastical Courts exercise complete
jurisdiction on the terms laid down by Parliament over
members of the Church itself.
In the Dominions at the present day, except in the case
of the Province of Quebec, it cannot be said that there is
any organic connexion between the Church and the State.
' In a sense the State has little control over the Church in Quebec, which
is subject to an external power, the Pope, who issues laws binding Catholics—
cf. his marriage laws in the Canadian Annual Review, 1908, p. 629, and
Gladstone, Vatican Decrees, p. 43. But the Church can compel by law the
payment of dues by Roman Catholics, and thus obtains great privilege from,
while independent of, the State. The Law Officers once advised that the
Crown could appoint Roman Catholic bishops in Canada by the prerogative,
but it was not done ; see Forsyth, Cases and Opinions on Constitutional
Law, pp. 49-51.
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