Binney as little headway was being made in the desired direction.

Bishop Binney travelled to Charlottetown in July of 1863 and met with those individuals interested in promoting the issue of a separate See for the Island. During the meeting Bishop Binney offered as an explanation for his lack of action on the subject that Island-wide support for the idea was weak and that the resources of the Island did not warrant the establishment of a separate See at that time. He noted that since the establishment of the Bishopric Endowment Fund in 1852 contributions received amounted to only 155 pounds, 12 shillings, 7 pence, most of which had been collected from parishioners of St. Paul’s Church. He was able to persuade those present to continue efi'orts to build up the fund while remaining under the functioning Episcopal arrangement already worked out with the Diocese of Nova Scotia.

Bishop Binney returned to the Island three years later and again met with the clergy of the Island regarding important news that affected them. He called a meeting for July 30th to inform them of the Privy Council (the highest Court of Appeal in the British Empire) decision in the case of the Lord Bishop of Natal, Bishop Colenso. This decision stated that no bishop in any colony, by virtue of the Crown’s Letters Patent alone, could "exercise any coercive jurisdiction".25

The decision went on to state:

Pastoral or Spiritual authority may be incidental to the office of Bishop, but all jurisdiction in the Church, where it can be lawfully conferred, must proceed from the Crown, and be exercised as the law directs, and suspension or

privation of office is matter of coercive legal jurisdiction, and not of mere spiritual authority.26

The implication of this Privy Council decision for the colonial church was the immediate dis-establishment of the Church of England from its ‘preferred’ position. Under the decision churches were viewed as voluntary associations only, and as such royal recognition of colonial bishops was abandoned as unnecessary and improper.

Bishop Binney stressed the importance of this landmark decision. He explained that the Privy Council had decided that the United Church of England and Ireland was not a part of the constitution in any colonial settlement, nor could the authority of the church, or those who bear office in

43 Bassett, Anthony & Arnold, John, "Paper for the Theological Conference on Anglican Church Polity and Authority". Halifax, 1984. p.4.

44. Ibid.

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