Legal Instrument - Instrument Appointing the Judge of the Provincial Courts of Canterbury and York [1874-10-28]

To all to whom these presents shall come, we the Right Honourable and Most Reverend Archibald Campbell, by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan, and the Right Honourable and Most Reverend William, by Divine Providence Archbishop of York, Primate of England and Metropolitan, send greeting.

Whereas by an Act made and passed in the Session of Parliament holden in the 37th and 38th years of the reign of Her present Majesty, and intituled "The Public Worship Regulation Act, 1874," which Act received the Royal assent on the seventh day of August one thousand eight hundred and seventy-four, it was amongst other things enacted that the Archbishop of Canterbury and the Archbishop of York might, but subject to the approval of Her Majesty, to be signified under Her Sign Manual, appoint from time to time a barrister-at-law who had been in actual practice for ten years, or a person who had been a Judge of one of the superior courts of law or equity, or of any court to which the jurisdiction of any such court had been or might thereafter be transferred by authority of Parliament, to be during good behaviour a Judge of the Provincial Courts of Canterbury and York, in the said Act thereinafter called the Judge; and it was by the said Act also enacted amongst other things that if the said Archbishops should not within six months after the passing of that Act appoint the said Judge, Her Majesty might by letters patent appoint some person qualified as aforesaid to be such Judge; and it was by the said Act also enacted amongst other things that every person appointed to be a Judge under that Act should be a member of the Church of England, and that if at any time any such judge should cease to be a member of the Church, his office should thereupon be vacant: And whereas we are desirous of appointing the Right Honourable Sir James Plaisted Baron Penzance, formerly a Baron of the Court of Exchequer, and afterwards Judge of Her Majesty's Court of Probate, and Judge Ordinary of the Court for Divorce and Matrimonial Causes, and a member of the Church of England, to be the said Judge, and the said Baron Penzance hath agreed, subject to the consent of Her Majesty, to undertake such office: Now know ye that we, in pursuance of such desire and in exercise of the power and authority to us given by the said Act as hereinbefore is mentioned, and of every or any other power enabling us in this behalf, do by these presents, with the approval of Her Majesty (which approval is intended to be signified under Her Sign Manual), appoint the said Right Honourable Sir James Plaisted Baron Penzance to be during good behaviour the Judge of the Provincial Courts of Canterbury and York for the purposes of the said Act: Provided always, and it is hereby declared that if at any time the said Right Honourable Sir James Plaisted Baron Penzance shall cease to be a member of the Church of England, the office of the said Right Honourable Sir James Plaisted Baron Penzance shall thereupon be vacant. In witness whereof we have hereunto set our hands and caused our seals to be hereunto affixed, this twenty-eighth day of October, in the year of our Lord one thousand eight hundred and seventy-four.

John B. Lee,
His Grace’s Secretary.

T. S. Notice,
Secretary to His Grace.