THE CHURCH IN THE COLONIES.

New Zealander, Volume 8, Issue 651, 10 July 1852, Page 3

THE CHURCH IN THE COLONIES.

The following is the bill introduced by Mr. Gladstone, entitled " A bill to relieve bishops in the colonies in communion with the Church of England, and the clergy and laity in communion with them, in respect to legal doubts or disabilities affecting the management of their Church affairs."

PREAMBLE. Whereas doubts exist as to the right of the bishops, clergy, and lay persons, inhabiting the colonial possessions of her Majesty, and being in communion with the Church of England, in regard to the management of their iuternal ecclesiastical affairs, and whereas it is expedient that under certain restrictions they should be permitted to make regulations for the said management by agreement among 1 themselves : Be it declared and enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and commons in this present Parliament assembled, and by the authority of the same— 1. Bishops, Clergy, and Laity may meet for the Management of their Ecclesiastical Affairs. — It shall be lawful for the bishop or bishops of any diocese or dioceses in the colonies enumerated in the schedule A, to this Act annexed, er in any other colony which her Maje&ty shall, as hereinafter provided by order in Council, have declared to fall within the operation of this act, together with the clergy and lay persons, being otherwise in communion with such bishop or bishops respectively, to meet together from time to time, and at such meeting by mutual consent, or a majority of voices of the said clergy and laity severally and respective])-, with the assent of the said bishop, or a majority of the said bishops if more than one, to make all such regulations as may be held necessary for the better conduct of their ecclesiastical affairs, and for the holding of meetings for the said purpose thereafter, any statute law or xisage of the United Kingdom to the contrary notwithstanding. 2. But may not impose Temporal Penalties. — • But it shall not be lawful to impose by any such regulation any temporal or pecuniary penalty or disability, other than such as may attach to the avoidance of any ecclesiastical office or benefice. 3. What Persons bound by their Regulations. — And no such regulations shall be binding or any person or persons other than the said bishop or bishops, and the clergy, with the lay persons within the said colonies, and being declared members of the Church of England, or being otherwise in communion with him or them respectively. 4. What Force and Effect belongs to their Regmlotions. — And no such regulation shall in virtue of this act be held to have any other legal force or effect than the regulations, laws, or xisages of other Churches or religious communions in the said colonies. 5. Of Regulations respecting Nomination of Bishops. — And no such regulations made in respect of the nomination of bishops shall have any force or effect whatsoever except upon the consent of her Majesty, signified through one of her Majesty's principal Secretaries of State. (5. Of Regulation touching the Rights of the See of Canterbury. — And any such regulation touching the exi&ting relation of the said bishops, clorgy, and others, to the metropolitan see of Canterbury, shall be forthwith transmitted by the presiding bishop or his deputy to the Archbishop of the said see, and shall be subject to disallowance by the said Archbishop under his hand and seal, at any time Avithin twelve months of the passing of the said regulation, or within six months from the receipt thei*eof, by the said Archbishop, but not afterwards. 7. Prohibition to make certain Regulations. — Ahd no such regulation shall authorise the bishop of any diocese to confirm or consecrate, or to ordain or to license or institute, any person to any see or to any pastoral charge, or other episcopal or clerical office, except upon &uch persons having immediately before taken the oath of allegiance to her Majesty, and having likewise subscribed to the Thirty-nine Articles, and having, furthermore, declared his unfeigned assent and consent to the Book of Common Prayer. 8. Her Majesty may extend the Operation of this Act. — And it shall bo lawful for her Majesty, if and when she shall think fit, to declare by ordci , in Council that this act shall, from a day to be named in such order, be in force within any other one or more of her Majesty's colonial po c e-sions, besides those contained in the Schedule A to this act annexed ; and this act shall take effect in the colony or colonies so designated accoidingly. Schedule A. to which this act refers : — Canada, New Brunswick, Nova Scotia, Newfoundland, Prince Edward's Island, Cape of Good Hope, New South Wales, Victoria, South Australia, Van Diem en's Land, Western Australia.