5月11日

歷史上的今天

ORIGINAL LETTERS PATENT CREATING BISHOPRIC OF VICTORIA -- 1849

Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith To all to whom these Presents shall come Greeting. Whereas it has been represented unto Us by the Most Reverend Father in God John Bird by Divine Providence Lord Archbishop of Canterbury Primate of all England and Metropolitan that the Clergy and Laity of the Communion of the United Church of England and Ireland resident within our Island of Hong Kong and its Dependencies and at Canton Amoy Foochowfoo Ningpo and Shanghai and other places in the Empire of China owing to it the remoteness of our said Island and its Dependencies and of the other places aforesaid are exposed in matters Spiritual and Ecclesiastical to grave detriment and inconvenience. And whereas the said Most Reverend Father in God has further represented unto Us that the evils aforesaid might in some degree be remedied by the erection of a Bishop’s See within our Island aforesaid and has prayed of Us that we would by our Royal Authority erect and constitute the same. And whereas by an Act passed in the Session of Parliament held in the sixth and seventh years of our Reign instituted “An act for the better Government of Her Majesty’s Subjects in China” it was amongst other things enacted that it should be lawful for Us by any Order or Orders made with the advice of our privy Council to ordain for the Government of our Subjects being within the Dominions of the Emperor of China or being within any Ship or Vessel at a distance of not more than one hundred miles from the Coast of China any Law or Ordinance which to Us in Council might seem meet as fully and effectually as any such Law or Ordinance could be made by Us in Council for the Government of our Subjects being within the said Island of Hong Kong. And whereas by an Order in Council made and passed on the first day of May One thousand eight hundred and forty nine we were pleased to order and direct that all persons in Holy Orders of the United Church of England and Ireland being within the Dominions of the Emperor of China or within any Ship or Vessel at a distance of not more than one hundred miles from the Coast of China should be subject to the authority and jurisdiction of the See of Victoria and the Bishop thereof in the same manner as if they were resident within the said Island of Hong Kong. And whereas we having taken the premises into our Royal consideration are persuaded that by granting the petition of the said Archbishop we shall under the Blessing of Almighty God promote the well being of the said United Church of England and Ireland and of the Clergy and Laity thereof in the Island and places aforesaid and have resolved to grant the same accordingly. And whereas the Church of Saint John within our Town of Victoria in our said Island of Hong Kong is apt and convenient to be erected and it is our intention to erect the same into a Cathedral Church and Bishop’s See. Now know ye that in pursuance of such our Royal Intention We do by these our Letters Patent under the Great Seal of our United Kingdom of Great Britain and Ireland erect ordain make and constitute the said Church of Saint John in the said Town of Victoria to be a Cathedral Church and Bishop’s See. And we do ordain that the said Town of Victoria shall henceforth be a City and be called the City of Victoria. And we do ordain make constitute and declare the said City and all the Territory comprised in our said Island of Hong Kong and its Dependencies to be the Diocese of the Bishop of Victoria hereinafter named and of his Successors Bishops of Victoria and to be called in all time the Diocese of Victoria. Saving nevertheless unto Us our heirs and successors the power of extending or altering from time to time with the consent of the Archbishop of Canterbury for the time being if the said See be vacant or otherwise of the said Archbishop and of the Bishop of the said See for the time being the Limits of the said Diocese or of the Jurisdiction of the Bishops thereof. And to the end that this our intention may be carried into due effect We having great confidence in the learning morals and probity of our Wellbeloved George Smith Doctor in Divinity do name make and appoint him to be ordained and consecrated Bishop of the said See of Victoria and do hereby signify to the Most Reverend Father in God John Bird by Divine Providence Lord Archbishop of Canterbury Primate of all England and Metropolitan the erection and constitution of the said See and Diocese and our nomination of the said George Smith requiring and by the faith and love whereby he is bound unto Us commanding the said Most Reverend Father in God to ordain and consecrate the said George Smith to be Bishop of the said See and Diocese in manner accustomed and diligently to do and perform all other things appertaining to his office in this behalf with effect. And we do ordain and declare that the said George Smith so by Us nominated and appointed after having been ordained and consecrated thereunto as aforesaid may by virtue of such appointment and consecration enter into and possess the said Bishop’s See as Bishop thereof without let or impediment from Us our heirs and successors for the term of his natural life Subject nevertheless to the right of resignation hereinafter more particularly expressed. Moreover we will and grant by these presents that the said Bishop shall be a Body Corporate and do ordain make and constitute him to be a perpetual Corporation and to have perpetual Succession and that he and his Successors be for ever hereafter called and known by the name or title of the Lord Bishop of Victoria And that he and his Successors by the name or title aforesaid shall be able or capable in the Law and have full power to purchase have take hold and enjoy manors messuages lands rents tenements annuities and hereditaments of what nature or kind soever And that he and his successors by and under the said name or title may prosecute claim plead and be impleaded defend 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 and personal and mixed as well spiritual as temporal and in all other things causes and matters whatsoever. And that the said Bishop of Victoria 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 break change alter or make new as he or they shall deem expedient. And we do hereby further grant ordain and declare that the said Cathedral Church of Saint John shall henceforth be the Cathedral Church and Episcopal See of the said George Smith and his Successors Bishops of Victoria and that the said Bishop of Victoria and his Successors shall be subject and subordinate to the Metropolitan See of Canterbury and to the Archbishops thereof in the same manner as any Bishop of any See within the Province of Canterbury in our Kingdom of England is subject and subordinate to the Metropolitan See and the Archbishop thereof. And we further will and ordain that any Bishop of Victoria shall at the time of his consecration take an Oath of due obedience to the Archbishop of Canterbury for the time being as his Metropolitan which Oath shall and may be ministered by the said Archbishop or by one of the Bishops assisting at the said consecration. And we do further by these presents expressly declare that the said Bishop of Victoria and his Successors having been respectively by Us our heirs and successors named and appointed and by the said Archbishop of Canterbury for the time being as Metropolitan of the said See canonically ordained and consecrated thereunto according to the form and usage of the United Church of England and Ireland may perform all the functions peculiar and appropriate to the Office of Bishop within the said Cathedral Church of Saint John and the said Diocese of Victoria and places aforesaid. And for a declaration of the spiritual causes and matters in which the aforesaid jurisdiction may be more especially exercised We do by these presents further declare that the aforesaid Bishop of Victoria and his Successors may exercise and enjoy full power and authority by himself or themselves or by the Archdeacon or Archdeacons or the Vicar General other Officer or Officers hereinafter mentioned to give Institution to Benefices to grant Licenses to officiate to all Rectors Curates Ministers and Chaplains of all Churches or Chapels or other places within the said Diocese and places aforesaid wherein Divine Service shall be celebrated according to the Rites and Liturgy of the Church of England and to visit all Rectors Curates Ministers and Chaplains and all Priests and Deacons in Holy Orders of the United Church of England and Ireland resident within the said Island of Hong Kong and its Dependencies and places aforesaid as also to call before him or them or before the Archdeacon or Archdeacons or the Vicar General or other Officer or Officers hereinafter mentioned at such competent days hours and places when and so often as to him or them shall seem meet and convenient the aforesaid Rectors Curates Ministers Chaplains Priests and Deacons or any of them and to enquire as well concerning their morals as their behaviour in their said offices and stations respectively Subject nevertheless to such rights of Review and Appeal as are hereinafter given and reserved And for the better accomplishments of the purposes aforesaid We do hereby grant and declare that the said Bishop of Victoria and his Successors may found and constitute one or more Dignities in his said Cathedral Church of and also one or more Archdeaconries within the said Diocese and may collate one or more fit and proper persons to be Dignitaries of the said Cathedral Church and one or more fit and proper persons to be the Archdeacons of the said Archdeaconries respectively Provided always that such Dignitaries and Archdeacons shall exercise such jurisdiction only as shall be committed to them by the said Bishop or his Successors and the said Bishop and his Successors may also from time to time nominate and appoint fit and proper persons to be respectively the officers hereinafter mentioned that is to say to be Vicar General Official Principal Chancellor Rural Deans and Commissaries either general or special and may also appoint one or more fit and proper persons to be Registrars and Actuaries Provided always that the Dignitaries and Archdeacons aforesaid shall be subject and subordinate to the said Bishop of Victoria and his Successors and shall be assisting to him and them in the exercise of his and their Episcopal jurisdictions and Functions And we will and declare that during a Vacancy of the said See of Victoria by the demise of the Bishop thereof or otherwise the said Dignitaries and Archdeacons and the said Vicar General and other officers respectively appointed as aforesaid shall continue to exercise so far as by Law they may or can the Jurisdiction and Functions delegated to them and that the said Registrars and Actuaries shall respectively continue to discharge the duties whereunto they have been appointed until a new Bishop of the said See of Victoria shall have been nominated and consecrated and his arrival within the limits of the said Diocese shall have been notified to the said parties respectively. And we further will and do by these presents declare and ordain that it shall be lawful for any person against whom any Judgment Decree or Sentence shall be pronounced by any of the said Archdeacons or by the Vicar General or other Officer or Officers of the said Bishop or his successors to demand a reexamination and review of such judgment decree or sentence before the Bishop or his Successors in person who upon such demand made shall take cognizance thereof and shall have full power and authority to affirm reverse or alter the said Judgment Sentence or Decree And if any party shall conceive himself aggrieved by any Judgment Decree or Sentence pronounced by the said Bishop of Victoria or his Successors either in case of such review or in any case originally instituted before the said Bishop or his Successors it shall be lawful for the said party to appeal to the said Archbishop of Canterbury or his Successors who shall finally decide and determine the said appeals Provided always that in any such case of appeal or review notice of the intention of the party to make such appeal or demand such review shall be given to the Bishop or Subordinate Judge by whom the Sentence appealed from or to be reviewed shall have been pronounced within fifteen days from the promulgation thereof. And we do further will and by these presents ordain that in all cases in which an appeal shall be made or review demanded as aforesaid a Copy of the Judgment or Sentence in such case promulgated or given setting forth the causes thereof together with a Copy of the Evidence on which the same was founded shall without delay be certified and transmitted by such Subordinate Judge to the said Bishop or his successors or by the said Bishop or his Successors to the said Archbishop of Canterbury or his successors as the case may require. Moreover it is our will and pleasure and we do hereby declare and ordain that nothing in these presents contained shall extend or be construed to extend to repeal vary or alter the provisions of any Charter whereby Ecclesiastical Jurisdiction has been given to any Court of Indicature within the limits of the said Diocese. And for removing doubts with respect to the validity of the resignation of the said Office and dignity of Bishop of Victoria. It is our further will that if the said Bishop or any of his Successors shall by Instrument under his hand and seal delivered and sent to the Archbishop of Canterbury for the time being and by him accepted and registered in the Office of Faculties of the said Archbishop resign the Office and dignity of Bishop of Victoria such Bishop shall from the time of such acceptance and resignation cease to be Bishop of Victoria to all intents and purposes but without prejudice to any responsibility to which he may be liable in law or equity in respect of his conduct in his said Office And lastly to the end that all things aforesaid may be firmly holden and done We will and grant to the aforesaid George Smith that he shall have our Letters Patent under our Great Seal of our said United Kingdom duly made and sealed In witness whereof We have caused these our Letters to be made Patent Witness ourself at Westminister the eleventh day of May in the twelfth year of our reign.

By Writ of Privy Seal,

Pepys.