Page:Letter from L. J. Papineau and J. Neilson, Esqs., Addressed to His Majesty's Under Secretary of State on the Subject of the Proposed Union of the Provinces of Upper and Lower Canada.djvu/26

 their natural right. The general rule, says Blackstone, is: -

"That it is the business of a Bishop to institute and direct induction to all ecclesiastical livings in his diocese."

"Il faut toujours observer comme une règle constante, que l'Évêque est le collateur ordinaire de tous les bénéfices de son diocèse, à moins qu'on établisse le contraire, ou par des titres précis, ou par une possession constante, qui fait présumer ce titre." - D'Hericourt, Loix Ecclesiastiques, 2 Part, Ch. 5

By the present clause it would seem, that what has existed and been enjoyed in Canada to the present day, is no longer to be held valid; but that instead of leaving, as before, the collation to the benefices to the Ordinary, the consent of the Governor in writing must be first obtained. The inference is, that the Curates appointed by the concurrent authority of the Governor and Bishop, could no longer be removable by the separate authority of the latter, as has been hitherto practised; thus taking away the control which the Bishop (himself approved and paid by the Crown) has over his Clergy. Such a proceeding, so contrary to what has existed in the Colony from the commencement, could hardly fail to bring disorders into the discipline of the Roman Catholic Church in Canada, and in the case of a difference of opinion between the Governor and the