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P
Cettcrs |)atent,
UNDER THE GREAT SEAL
.x^
Ov
^•0'
j'-^
v^".-<S.® -^^
OF THE
UNITED KINGDOM OF GREAT BRITAIN h^p IRE,^D, |^»
ERECTING THE PROVINCE OF UPPER CaNAI>A(^\>'^
0^
INTO THB
Ui^l^t>9Xit of 3:oronto:
AND APPOINTING
JOHN STRACHAN, D.D.
ARCHDEACON OF FORK, <.
I3t0|^op Of Cotonto,
DATED 27th JULY, 1839.
TORONTO:
PRINTED AT THE DIOCESAN
H, & W. ROWSELL, KING STREE
1842.
t
\
Hett^r^ei iaatent,
4F(. IPC.
llictoria bg tljc derate of C^ob o/ </*« c^ni^/
Kingdom of Great Britain and Ireland, Queen,
Defender of the Faith
HLo all to ta)|)om these presents shall come Greetlnj^-
JE©l)eteas His late Majesty Our Royal Grand Father
King George the Third did by his Letters Patent under
the Great Seal of Great Britain bearing date at West-
minster the twenty-eighth day of June one thousand
seven hundred and ninety-three in the thirty-third year
of his reign erect found ordain make and constitute the
Provinces of Lower Canada and Upper Canada and their
dependencies in America to be a Bishop's See to be called
from thenceforth the Bishopric of Quebec and his said
late Majesty by the same Letters Patent did name and
appoint his well beloved Jacob Mountain Doctor in Divi-
nity to be the first Bishop of the said See of Quebec and
its dependencies and did give and grant to the said Jacob
Mountain and his Successors Bishops of the said See of
Quebec and its dependencies full power and authority to
confer the Orders of Deacon and Priest to confirm those
that are baptized and come to years of discretion and to
perform all the fi\nctions peculiar and appropriate to the
office of a Bishop and also by him or themselves or by his
or their Commissary or Commissaries to exercise Juris-
diction Spiritual and Ecclesiastical in and throughout the
«■
said See and Diocese according to the Laws and Canons
of the Church of England which are lawfully made and
received in England in the several causes and matters
expressed and specified in the said Letters Patent and no
other And his said late Majesty did by the said Letters
Patent make a further declaration concerning the Spirit-
ual causes and matters in which he would that the afore-
said jurisdiction should he exercised and did give and
grant to the aforesaid Bishop and his Successors certain
powers and authorities for the due performance of hig
and their Episcopal functions subject to certain limita-
tions and reservations therein contained as by reference
to the said Letters Patent will more fully appear glnll
e® j)Ctcas His late Majesty our Royal Uncle King George
the Fourth upon the death of the said Jacob Mountain
did by his Letters Patent under the Great Seal of our
United Kingdom of Great Britain and Ireland bearing
date at Westminster the tenth day of November one
thousand eight hundred and twenty-five in the sixth year
of his reign name and appoint Charles James Stewart
Doctor in Divinity to the said Bishopric of Quebec and
its dependencies and did constitute and appoint him to
be the Bishop and Ordinary Pastor thereof in as full and
ample manner as the said See had been theretofore held
and enjoyed by the said Jacob Mountain under the Let-
ters Patent so granted by his said late Majesty King
George the Third our Royal Grandfather as aforesaid
and subject to all the clauses and conditions contained in
the said Letters Patent as by reference thereunto had
wiU more fuUy appear so that the said Charles James
Stewart might by virtue of such nomination and appoint-
ment enter into and possess the said Bishop's See as the
Bishop thereof daring his natural life without let or im-
pediment of his said late Majesty his Heirs or Succes-
sors subject nevertheless to any separation or division of
the said several Provinces of Lower Canada and Upper
Canada and constituting the said Bishopric into several
and distinct Sees which might at any time thereafter be
deemed fit and expedient to be made ^nO QW|)Cteas
we have thought fit to separate the Province of Upper
Canada from the said See of Quebec and to erect the said
Province of Upper Canada into a new and distinct See or
Bishopric to be called the See or Bishopric of Toronto
Woto SnoU) ITe That we do by these presents separate
the said Province of Upper Canada from the said See of
Quebec and Oo fSvut jFounO (iDctfain i^afce and €on<«
stitute the said Province of Upper Canada into a separate
and distinct See or Bishopric to be called from henceforth
S|)e See oc 38(s!)opr(c o{ Sotonto And to the end
that this our intention may be carried into due effect we
having great confidence in the learning moral probity
and prudence of our well beloved Sotin Sttactlcin Doctor
in Divinity now Archdeacon of, York in our said Pro-
vince of Upper Canada do name and appoint him the
said John Strachan to be Bishop of the said See of To-
ronto so that he the said John Strachan shall be and
be taken to be Bishop of the said Bishop's See of Toronto
and may by virtue of this our nomination and appoint-
ment enter into and possess the said Bishop's See as the
Bishop thereof during his natural life without any let or
impediment of us our heirs or successors ^nO we do
by these Presents give and grant to the said John Strachan
and his Successors Bishops of Toronto full power and
authority to confer the Orders of Deacon and Priest to
confirm those that are baptized and com^ to years of dis-
cretion and to perform all the other functions peculmr
and appropriate to the office of a Bishop such Bishop and
his Successors having been first duly ordained or conse-
crated Bishops according to the form prescribed by the
Liturgy of the Church of England and also by him or
themselves or his or their Commissary or Commissaries
to be by him or them substituted to exercise Jurisdiction
Spiritual arid Ecclesiastical in and throughout the said
See and Diocese according to the laws and Canons of the
Church of England which are lawfully made and received
in England in the several causes and matters hereafter in
these presents expressed and specified and no other SI iiO
for a declaration of our Royal Will concerning the special
causes and matters in which we will that the aforesaid
jurisdiction shall be exercised We have further given and
granted and do by these presents give and grant to the
aforesaid Bishop and his Successors full power and au-
thority by him or themselves or by his or their sufficient
Commissary or Commissaries by him or them to be sub-
stituted and named to give Institution to Benefices and
grant licences to Curates and to visit all Doctors Curates
Ministers and Incumbents of all the Churches within the
said Diocese wherein Divine Service shall be celebrated
according to the rites and Liturgy of the Church of Eng-
land and all Priests and Deacons in Holy Orders of the
Church of England resident in the said Diocese with all
and all manner of jurisdiction power and coercion Ec-
clesiastical as may be requisite in the premises as also
to call before him or them or his or their Commissary or
Commissaries at such competent days hours and places
whatsoever when and as often as to him or them or his
or their Commissary or Commissaries shall seem meet
and convenient the aforesaid Doctors Curates Ministers
Incumbents Priests or Deacons in holy Orders of the
Church of England or any of them and to enquire by
witnesses to be sworn in due form of law by him or them
or his or their Commissary or Commissaries and by all
other lawful ways and means by which the same may by
law be best and most effectually done as well concerning
their morals as their behaviour in their said offices and
stations respectively as also to administer all such oaths
as are accustomed to be taken in Ecclesiastical Courts
and to punish and correct the aforesaid Doctors Curates
\
Min'istew Tncnmbents Priests and Deacons in Holy Or-
ders of tlie Church of Kn^rliind ■u-c-onlin'^ to their deme-
rits whether by removal deprivation suspension or other
such Ecclesiastical censure or correction as they may
be liable to according to the Canons and laws Eccle-
siastical aforesaid And further we have given and
granted and do by these presents give and grant to the
aforesaid Bishop and his Successors full power and au-
thority from time to time to name and substitute under
his and their hands and Episcopal seals one or more suf-
ficient Commissary or Commissaries to exercise and per-
form all and singular the premises in the said Diocese
and the several parts thereof with effect and to remove
and change the said Commissaries from time to time
as to him or them shall aeem expedient SlnD 55© C Will
that during a vacancy of the said See by the demise of
the said Bishop or his Successors or otherwise Institu-
tion to benefices and licences to Curates may be given
by the Commissary or Commissaries who were so as
aforesaid named and substituted by the last preceding
Bishop and were in the possession of that office under
such substitution and appointment at the time when the
See became vacant And in case of the death of such
Commissary or Commissaries before another Bishop is
appointed to the said See We Will that Institution to
benefices and licences to Curates within the said Diocese
may be given by or by the authority of any two Clergy-
men of the Church of England resident in the said Dio-
cese who shall be appointed for that purpose by the Go-
vernor of our Province of Upper Canada ^KO iEorcobcc
we command and by these presents for us our heirs and
successors strictly enjoin as well all and singular our
Governors Judges and Justices as all and singular Doc-
tors Curates Ministers Incumbents and other our subjects
in our said Province of Upper Canada that they and every
of them be aiding and assisting to the said Bishop and his
Successors iind his (jt their Coininissiiry or ('(nnmissaries
in tlio oxociition of tho prciniscH in ull thinfrs as becoiiius
them Nevertheless We Will and do by these presents
declare and ordain tliat it shall be lawful fur any persoa
or persons against whom any judgment decree or sen-
tence shall be proiKmnced by any Commissary or Com-
missaries of the said Bishop or his Successors to demand
a rc-examination and review of such judgment decree
or sentence before the Bishop himself or his Successorft
who upon such deinand made shall take cognizance
thereof and shall have full power and authority to affirm
reverse or alter the said judgment sentence or decree of
his or their Commissary or Commissaries after having"
fully and maturely re-examined and reviewed the same
And if any party or parties shall conceive hLmself or
themselves aggrieved by any judgment decree or sentence
pronounced by the said Bishop or his siiccessors either
in case of any such revision or in any cause originally
instituted before such Bishop or his successors it shall
be lawful for such party or parties so conceiving him-
self or themselves to be aggrieved to Appeal from puch
Sentence to Us our heirs or successors in our or their
.Crivy Council so as Notice of s*ich Appeal be given to
the said Bishop within fifteen days after such sentence
shall have been pronounced and good and sufficient secu-
rity in the penalty of one hundred pounds given by the
appellant or appellants to pay such costs as shall be
awarded in case the sentence appealed from shall be af-
* finned by Us our heirs or successors ^oceobec We
will and grant by these presents that the said Bishop be
a body corporate and do ordain make and constitute him
to be a perpetual corporation and to have perpetual suc-
cession and. that he and his successors be fof ever here-
after called and known by the pame of BSistHpj;) o{ STotonto
and that he and his successors by the name afpresaid shall
be able and capable in the law and have full power tO'
1
1*
9
w
purchadc hnve take hold and enjoy such manors men*
siiages lands rents tenements annuities and hereditaments
of what nature or kind soi'ver in fee and in perpetuity
or for term of life or years or by grant or license under
the public seal of our said Province of Upper Canada or
by other lawful means he or they shall at any time be au-
thorized to take hold and enjoy and also all manner of
goods chattels and things personal whatsoever of what
nature or value soever and also to demise any of the
said manors messuages lands tenements and heredita-
ments whereof or wherein he or they shall or may have
any estate or interest as aforesaid in such manner as by
licence under the public seal of our said Province of
Upper Canada or other lawful means ns aforesaid he or
they shall at any time be authorizeu lor that purpose
And that he and his successors by and under the said
name may prosecute claim plead and be impleaded de-
fend and be defended answer and be answered in all
manner of courts of Us our heirs and successors and
elsewhere in and upon all and singular causes actions
suits writs and demands real personal and mixed as well
temporal as spiritual and in all other things causes and
matters whatsoever And that be and his successors
shall and may for ever hereafter have and use a corporate
seal and the said seal from time to time at his and their
will and pleasure to break change alter or make new
as to him or them shall seem expedient |ttoreobet We
Will and ordain by these presents that the Bishop of the
said See of Toronto and his successors shall be subject
and subordinate to the Archiepiscopal See of the Province
of Canterbury and to the Most Reverend Father in Christ
William Lord Archbishop of Canterbury Primate of all
England and Metropolitan and his Successors in the same
manner as any Bishop of any See withir the P' ovince of
Canterbury in our Kingdom of England is under the
authority of the aforesaid Archiepiscopal See of Can-
10
^«rbury and the Archbishop thereof save and except in
the matter of appeals from judgments decrees or sen-
tences pronounced by the said Bishop of Toronto or his
siiccessors which We will shall not be made to the said
Archbishitp of Canterbury or to his Courts but to us our
heirs or successors in manner aforesaid ^nO to the
end that all matters and things aforesaid may have their
due eflPect We do hereby signify to the most Reverend
Father in Christ William Lord Archbishop of Canter-
bury Primate of all England and Metropolitan that we
have erected and founded the aforesaid Bishop's See of
Toronto and have named and preferred our beloved
John Strachan Doctor in Divinity to the said Bishopric
and have appointed him the Bishop and Ordinary Pastor
thereof requiring and by the faith and love whereby he
is bound unto us commanding him to consecrate the
aforesaid John Strachan Bishop of Toronto in manner
accustomed and diligently to do and perform all other
things a' pertaining to his Office in this behalf with eflfect
And further to the end that ail the other things aforesaid
may be firmly holden and doni; We will and grant to the
aforesaid John Strachan that he shall have these our
Letters Patent under our Great Seal of our United King-
dom of Great Britain and Ireland duly made and sealed
Xu C®i'tncss whereof We have caused the; our Letters
to be made Patent Soilness Ourself at Westminster
the twenty-seventh day of July in the third year of our
reign
Ufi JEEfvit of 3!3vib2 Seal
(Signed) (Slnntin^s
Lambeth Palace, 30th July, 18?9.
Let the Papers for the Consecration be prepared.
(Signed) WCANTUAR:
To the Right Worshipful John Nicholl L.L.D.
our Vicar '"»eneral in Spirituals, or his
Surrogate.
'I
IHBHMB^