The second weakness arose because Judge Savary placed primary importance for his argument that P.E.I. is a part of the diocese of NS. on the fact that Clergy and representatives of the Laity for the parishes of P.E.I. sit to the "Diocesan Synod of Nova Scotia". He seemed to overlook the fact that the P.E.I. delegates were admitted only alter they were specifically made eligible to sit as members of the Synod by the amended Act of 1875 which specified that they remain eligible only "so long as they continue to be under the jurisdiction of the Bishop of Nova Scotia."

The amended Act dictated that Clergy and Lay representatives would no longer be eligible as members and would be excluded if they ceased to be under the "jurisdiction" of the Bishop of Nova Scotia. The specific mention of a limited eligibility being extended to the delegates and Clergy from P.E.I. clearly demonstrates that it was conceived of as a distinct possibility that they might cease to be under the jurisdiction of the Bishop of Nova Scotia at some point in the future. In practical terms the only way for them to cease to be under the jurisdiction of the Bishop of Nova Scotia was if they were to come under the jurisdiction of another Bishop. Logically, due to the inclusion of the specific eligibility clause, the prospect was a possibility which had been considered by those framing the amended Act and which could take place at some point in the future.

Canon Simpson Responds to the Second Letter.

Canon Simpson replied to the second letter from Judge Savary in a second letter of his own to Church Work. He began by stating that if Judge Savary were versed in Ecclesiastical Law he would know that a Diocese always has a definite territorial area, and is quite distinct from a jurisdiction. He stated that this was a fact notwithstanding dictionary meanings. He characterized the two Church historians quoted by Judge Savary, as expressing themselves loosely and incorrectly in their interpretation of the existing situation. He challenged Judge Savary, or anyone else, to prove in the face of the Letters Patent that the Diocese of Nova Scotia was ever larger than the Province of Nova Scotia. He demonstrated that:

Until 1787 the Bishop of London had jurisdiction over all the colonies and Dependencies of the British Empire (he was called Bishop of all outside) but this in no way affected the size of the Diocese of London, and the Letters Patent of the several Bishops of Nova Scotia appointed the Bishops of the "See of Nova Scotia" which they held for life, and gave them "jurisdiction" over the other provinces during the pleasure of the Crown: i.e. until Bishops were appointed

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