n
Colborne, lieutenant-governor of Upper Canada, who, on the eve of his
departure for England, was induced by Bishop Strachan to sign patents
creating and endowing forty-four rectories[19] in Upper Canada,
representing more than 17,000 acres of land in the aggregate or about
486 for each of them. One can say advisedly that this action was most
indiscreet at a time when a wise administrator would have attempted to
allay rather than stimulate public irritation on so serious a
question. Until this time, says Lord Durham, the Anglican clergy had
no exclusive privileges, save such as might spring from their
efficient discharge of their sacred duties, or from the energy,
ability or influence of members of their body--notably Bishop
Strachan, who practically controlled the government in religious and
even secular matters. But, continued Lord Durham, the last public act
of Sir John Colborne made it quite understood that every rector
possessed "all the spiritual and other privileges enjoyed by an
English rector," and that though he might "have no right to levy
tithes" (for even this had been made a question), he was "in all other
respects precisely in the same position as a clergyman of the
established church in England." "This is regarded," added Lord Durham,
"by all other teachers of religion in this country as having at once
degraded them to a position of legal inferiority to the clergy of the
Church of England; and it has been most warmly resented. In the
opinion of many persons, this was the chief predisposing cause of the
recent insurrection, and it is an abiding and unabated cause for
discontent."

As soon as Sir John Colborne's action was known throughout the
province, public indignation among the opponents of the clergy
reserves and the Church of England took the forms of public meetings
to denounce the issue of the patents, and of memorials to the imperial
government calling into question their legality and praying for their
immediate annulment. An opinion was obtained from the law officers of
the Crown that the action taken by Sir John Colborne was "not valid
and lawful," but it was given on a mere _ex parte_ statement of the
case prepared by the opponents of the rectories; and the same eminent
lawyers subsequently expressed themselves favourably as to the
legality of the patents when they were asked to reconsider the whole
question, which was set forth in a very elaborate report prepared
under the direction of Bish