Royal Warrant - Approving the Judge of the Provincial Courts of Canterbury and York [1874-11-14]

Victoria Reg.

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 by an Act made and passed in the session of Parliament holden in the 37th and 38th years of our reign, and intituled "The Public Worship Regulation Act, 1874," which Act received our 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 our approval to, signified under our 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, we 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 by a deed poll or instrument in writing, dated the 28th day of October last, under the hands and seals of his Grace the Most Reverend Father in God Archibald Campbell, Archbishop of Canterbury, and his Grace the Most Reverend Father in God William, Archbishop of York, after reciting amongst other things that the said Archbishops were desirous of appointing the Right Honourable Sir James Plaisted Baron Penzance, formerly a Baron of the Court of Exchequer, and afterwards Judge of our Court of Probate, and Judge Ordinary of the Court of Divorce and Matrimonial Causes, and a member of the Church of England, to be the said Judge; and that the said Baron Penzance had agreed, subject to our consent, to undertake such office, the said Archibald Campbell, Archbishop of Canterbury, and William, Archbishop of York, in pursuance of such desire and exercise of the power and authority to them given by the said Act as hereinbefore was mentioned, and of every or any other power enabling them in that behalf, did by the deed or instrument now in recital, with our approval (which approval was intended to be and is by these presents now signified under our Sign Manual), appoint the said Right Honourable Sir James Plaisted Baron Penzance to be during good behaviour the Judge of the Principal Courts of Canterbury and York for the purposes of the said Act; and it was thereby provided that if at any time the said Right Honourable Sir James Plaisted Baron Penzance should cease to be a member of the Church of England the office of the said Right Honourable Sir James Plaisted Baron Penzance should thereupon be vacant: And whereas we are desirous of approving of the appointment so made as aforesaid by the said Archbishops: Now know ye that we do, by this our Royal Warrant under our Royal Sign Manual, approve, ratify, and confirm the appointment so made as aforesaid of 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; and in all other respects we do hereby approve, ratify, and confirm the said deed poll or instrument in writing, and these presents shall be to all who shall or may be concerned therein a sufficient warrant. Given at our Court at St. James's, the fourteenth day of November one thousand eight hundred and seventy-four, in the 38th year of our reign.

By Her Majesty's command,

Richd. Assheton Cross.