History of The Anglican Communion - Freedom From State Control

Freedom From State Control

By degrees, also, the colonial churches have been freed from their rather burdensome relations with the state. The Church of the West Indies was disestablished in 1868. Other colonial churches followed suit over the next few decades.

In 1857 it was decided, in Regina v. Eton College, that the Crown could not claim the presentation to a living when it had appointed the former incumbent to a colonial bishopric, as it does in the case of an English bishopric. In 1861, after some protest from the crown lawyers, two missionary bishops were consecrated without letters patent for regions outside British territory: C. F. Mackenzie for the Zambezi region and J. C. Patteson for Melanesia, by the metropolitans of Cape Town and New Zealand respectively.

In 1863 the privy council declared, in Long v. The Bishop of Cape Town, that "the Church of England, in places where there is no church established by law, is in the same situation with any other religious body."

In 1865 it adjudged Bishop Gray's letters patent, as metropolitan of Cape Town, to be powerless to enable him "to exercise any coercive jurisdiction, or hold any court or tribunal for that purpose," since the Cape colony already possessed legislative institutions when they were issued; and his deposition of Bishop Colenso was declared to be "null and void in law" (re The Bishop of Natal). With the exception of Colenso the South African bishops forthwith surrendered their patents, and formally accepted Bishop Gray as their metropolitan, an example followed in 1865 in the province of New Zealand.

In 1862, when the Diocese of Ontario was formed, the bishop was elected in Canada, and consecrated under a royal mandate, letters patent being by this time entirely discredited. And when, in 1867, a coadjutor was chosen for the bishop of Toronto, an application for a royal mandate produced the reply from the colonial secretary that "it was not the part of the Crown to interfere in the creation of a new bishop or bishopric, and not consistent with the dignity of the Crown that he should advise Her Majesty to issue a mandate which would not be worth the paper on which it was written, and which, having been sent out to Canada, might be disregarded in the most complete manner."

And at the present day the colonial churches are entirely free in this matter. This, however, is not the case with the Church in India. Here the bishops of sees founded down to 1879 receive a stipend from the revenue (with the exception of the bishop of Ceylon, who no longer does so). They are not only nominated by the crown and consecrated under letters patent, but the appointment is expressly subjected "to such power of revocation and recall as is by law vested" in the crown; and where additional oversight was necessary for the Church in Tinnevelly, it could only be secured by the consecration of two assistant bishops, who worked under a commission for the Archbishop of Canterbury which was to expire on the death of the bishop of Madras. Since then, however, new sees have been founded which are under no such restrictions.