perintendance of ecclesiastical persons, are not repealed, varied, or altered. The bishop and archdeacons are, respectively, bodies corporate, and empowered to hold lands, and the bishop is to have a corporate seal. The powers of the several governments as to the residence of persons in India, are not in any way abridged or limited by the letters-patent. The power of recaling the bishop is vested in the King. The resignation of the bishop is to be by instrument under his hand and seal, delivered to the King's commissioner delegate, and to be by him accepted and registered; the resignation of the archdeacons and their successors, by a like instrument, delivered to the Bishop of Calcutta, for the time being. The bona fide expenses of the bishop's visitation to the several presidencies in his diocese are borne by the Company. Although the bishop has power to grant license to ministers to officiate, it does not appear that his Lordship has power to appoint, at his discretion, the Company's chaplains to particular stations in his diocese. In 1821, a correspondence took place between the Supreme Government and the Government of Madras, at the instance of the Bishop of Calcutta, as to the establishment of a Consistorial Court at the latter presidency, and also at Bombay. The legal opinions obtained in Bengal were in support of such right; for although the term consistory courts does not occur in the letters-patent, a jurisdiction is given to the bishop and his commissaries to act in such a manner as constitutes them judges with very great powers, which cannot be exercised except in a court; and the Consistory Court is defined to be the court, Christian or Spiritual Court, which every bishop has, and which is held before his chancellor or his commissary, for all ecclesiastical causes within his diocese. The authorities referred to in this country entirely concurred in the opinions given at Calcutta. The jurisdiction, although limited in its nature, must be exercised judicially in all grave matters of correction; the consequences to individuals may be of the most serious nature, as the power of the bishop or his commissary extends to deprivation; and the proceedings must consequently be had in curia, and not in camera. The Reverend Dr. Middleton was the first bishop nominated in the letters-patent. His Lordship proceeded to India in 1814, and died on the 8th July 1822. His successor, the Reverend Dr. Heber, was appointed on the 14th May 1823, and proceeded to Calcutta in that year. The archdeacons nominated by the letters-patent were The Reverend Henry Lloyd Loring, Calcutta ; The Reverend John Barnes,............Bombay. Mr. Loring died in September 1822, and was succeeded by the present archdeacon, the Reverend Dr. Corrie, in December 1823. Mr. Mousley died in August 1819, and was succeeded by the present archdeacon, the Reverend E. Vaughan. The Reverend J. Barnes retained the office of Archdeacon of Bombay in 1825, but there is reason to believe that Mr. Barnes is on his way to Europe. The salary of the bishop is fixed at £5,000 per annum. The salaries of the archdeacons £2,000 per annum each. The salaries commence from taking office. The bishop and archdeacons are respectively entitled to passage-money and pensions.-(Vide Salaries, Passage-Money, Pension, &c.) The respective chaplains at the several presidencies are appointed by the Court of Directors; they are divided into two classes, viz. senior and junior: each chaplain, after eighteen years' service in India (ten of which at a military station), including three years for one furlough, is allowed to retire with the pay of major. After eighteen years' service in China, including three years' furlough, £200 per annum. After ten years' service in India, and ill-health not permitting a continuance in the service, the half-pay of major; after seven years', the half-pay of captain. It has already been observed, that the attention of the Company would be given to the appointment of Scotch chaplains, the Court of Directors have accordingly nominated two clergymen of the Church of Scotland to each of the presidencies of Calcutta, Madras, and Bombay. Doubts having arisen as to the validity of marriages solemnized within the British territories in India by ordained ministers ministers of the Church of Scotland, as by law established, an act was passed in June 1818, declaring that all marriages solemnized in India before the 31st December of that year by such ministers, should be of the same force as if solemnized by clergymen of the Church of England; and after that period, if solemnized by members of the Church of Scotland, appointed chaplains by the East-India Company, the parties to sign a declaration that they, or he, or she, as the case may be, are, or is members or member of the Scotch Church. The minister is to certify the marriage, and to deliver a duplicate of the certificate to the party, and transmit another to the secretary at the presidency. LAWS. 1698. LAWS. Approval of Chaplains by Archbishop of Canterbury, or Bishop of London. (1) And moreover no minister shall be sent by the Company to the Fast-Indies, or other the parts within the limits aforesaid, until he Ch. Wm. 3 shall have been first approved of by the Archbishop of Canterbury, or the Bishop of London, for the time being, all which said ministers so to be sent, shall be entertained from time to time with all due respect. 1813. 53 Geo. 3, c. 155, $ 49. Bishoprick in India. three archdeacous shall be es tablished in India by his Maters-patent, their jesty's royal letsalaries to be paid by the Company. (2) And whereas no sufficient provision hath hither- If a bishop and to been made for the maintenance and support of a church establishment in the British territories in the East-Indies and other parts within the limits of the said Company's Charter, be it therefore enacted, that in case it shall please his Majesty, by his royal letters-patent under the great seal of the said United Kingdom, to erect, found, and constitute, one bishoprick for the whole of the said British territories in the East-Indies, and parts aforesaid; one archdeaconry for the presidency of Fort-William in Bengal; one archdeaconry for the presidency of Fort St. George on the coast of Coromandel; and one archdeaconry for the presidency and island of Bombay, on the coast of Malabar; and from time to time to nominate and appoint a bishop and archdeacons to such bishoprick and archdeaconries respectively; the Court of Directors of the said Company, during such time as the said territorial acquisitions shall remain in the possession of the said Company, shall, and they are hereby required to direct and cause to be paid, certain established salaries to such bishop and archdeacons respectively; that is to say, from and out of the revenues of the said presidency of Fort-William, in Bengal, to the said bishop, five thousand pounds by the year, at an and to each of the archdeacons two thousand pounds by the year.-(Vide Sala ries, p. 610.) Bishop to have no jurisdiction or functions except such as may be limited by letterspatent. (3) Be it enacted, that such bishop shall not have or use any jurisdiction, or exercise any episcopal functions whatsoever, either in the East-Indies or elsewhere, but only such jurisdiction and functions as shall or may from time to time be limited to him by his Majesty, by letters-patent, under the great seal of the United Kingdom. His Majesty may grant to the bishop, by letters-patent, such ecclesiastical jurisdiction as he may think necessary. (4) Be it enacted, that it shall and may be lawful for his Majesty, from time to time, if he shall think fit, by his letterspatent under the great seal of the said United Kingdom, to grant to such bishop so to be nominated and appointed as aforesaid, such ecclesiastical jurisdiction, and the exercise of such episcopal functions, within the East-Indies and parts aforesaid, as his Majesty shall think necessary for the administering holy ceremonies, and for the superintendance and good government of the ministers of the Church Establishment within the East-Indies and parts aforesaid; any law, charter, or other matter or thing to the contrary notwithstanding. Warrant for let- Residence and Expense of Bishop's Visitation. (6) Be it enacted, that it shall and may be lawful for the said Company, and they are hereby required to provide a suitable house at Calcutta for the residence of the said Bishop, and that the expense of the visitations to be made by the said bishop from time to time shall be defrayed by the said Company, out of the revenues of the British territories in India; provided always, that no greater sum on account of providing such house or of such visitations be at any time issued, than shall from time to time be defined and settled by the Court of Directors of the said Company, with the approbation of the Commissioners for the Affairs of India, any law or statute to the contrary notwithstanding. (7) And whereas doubts have arisen whether the Bishop of Calcutta, in conferring holy orders, is subject to the several provisions and limitations established by the laws of this realm, or canons ecclesiastical, as to the titles of the persons to be ordained, and as to the oaths and subscriptions to be by such persons taken and made; be it further declared and enacted, that it shall and may be lawful for the Bishop of Calcutta for the time being to admit into the holy orders of deacon and priest, respectively, any person whom he shall, upon examination, deem duly qualified, specially for the purpose of taking upon himself the cure of souls, or officiating in any spiritual capacity within the limits of the said diocese of Calcutta, and residing therein; and that a declaration of such purpose, and a written engagement to perform the same, under the hand of such person, being deposited in the hands of such bishop, shall be held to be a sufficient title with a view to such ordination; and that in every such case it shall be distinctly stated, in the letters of ordination of every person so admitted LAWS. 1813. 53 Geo. 3, c. 155, § 49. § 51. § 52. § 53. 1824-5. 5 & 6 Geo. 4, c. 71. LAWS. 1824-5. 5 & 6 Geo.4, c. 71. admitted to holy orders, that he has been ordained for the cure of souls within the limits of the said diocese of Calcutta only; and that unless such person shall be a British subject, of or belonging to the United Kingdom of Great Britain and Ireland, he shall not be required to take and make the oaths and subscriptions which persons ordained in England are required to take and make; provided always, that nothing herein contained shall be construed to repeal or affect the provisions of an act passed in the fifty-third year of the reign of his late Majesty King George the Third, or any letters-patent issued by his late Majesty, or by his present Majesty, their heirs and successors, in virtue of the said act, or of their lawful prerogative. ELECTION OF DIRECTORS. PREVIOUSLY to the year 1773 the twenty-four directors were elected every year. It was considered that this mode of electing and choosing directors had not answered the good purposes intended by such measure, but that, on the contrary, by limiting the duration of their office to so short a time, the authority of the Court of Directors was weakened, and instability produced in the councils and measures of the Company. The act of 13 Geo. III, cap. 63, was accordingly passed, which provides that, instead of twenty-four directors being chosen at the then ensuing election for one year, six should be chosen for four years, six for three, six for two, and six for one year; after which, at every annual election during the continuance of the charter, six new directors are to be chosen, and to continue to be directors for the term of four years and no longer; which period was to be accounted from the day in which the election of such directors was respectively made; and in case the office and authority of any such director becomes void by death, removal, or otherwise, another is to be chosen from time to time in his place, to serve as a director during the remainder of such term for which the person whose office shall have become void was chosen and no longer. As the day of election, in the year 1777, would have fallen on Sunday, the 17th Geo. III, cap. 8, was passed, under which act the general election of six directors, for four years, is to be made on the second Wednesday in the month of April in each year, instead of the same being made on the exact day of the expiration of the term of four years. The by-laws ordain that previous to every annual election, seven months' notice thereof shall be given, and two printed lists of the names of the members who appear qualified to vote shall |