boundaries and definition of the term '' as accepted and used by Charles Inglis . Legal Difficulties Associated with the P.E.I. Church Act of 1802. Sometime in March of 1823 Lieutenant - Governor Charles D . Smith (who took up residence on P.E.I , in 1813) first recognized an existing conflict between the Church Act of 1802 and the Royal Instructions under which he was bound in his office as Lieutenant - Governor . In a despatch to England he enclosed copies of extracts of the offending Clauses (the 49th and 51st Clauses of the Royal Instructions ) and that portion of the Act of 1802 with which they were in conflict. The extracts from the Clauses stated: You are not to prefer any Protestant Minister to any Ecclesiastical Benefice in that one Province or in the Islands aforesaid without a certificate from the Right Reverend Father in God the Bishop of Nova Scotia of his being comfortable to the doctrine and discipline of the Church of England and of a Good life and conversation and if any person hereafter preferred to a Benefice shall appear to you to give scandal either by his doctrine or manners you are to use the best means for his removal.61 Clause 51 contained this additional instruction: It is our will and pleasure to reserve to you the granting the Licenses for Marriages, Letters of Administration and Probates of Wills as Heretofore exercised by you and your predecessors and also to reserve to you and all other persons to whom it may lawfully belong the Patronage and right of presentation to Benefices, but it is our Will and Pleasure that the person so presented be instituted by the Bishop or his Commissary duly authorized by him.62 The extract from the Act of 1802 was taken from the same portion already reproduced in this chapter (p. 37). Lieutenant - Governor Smith objected to the Act of the Assembly of Prince Edward Island on two grounds. One, that the "Right to Decision" of the removal of individuals from their benefice, should they cause a scandal by their manner or doctrine, was omitted in the wording of the Act. This 61. Lieutenant - Governor Charles Douglas Smith to the Secretary of State, April 29th, 1823. CO. 226 No. 300 Public Archives of Prince Edward Island . (Clause 49). 62. Ibid. (Clause 51). 40