act might be “extended also to the Church of Scotland, if there are any such settled in Canada (as appears to have been admitted in the debate upon the passing of the act),” yet they expressed the opinion that the clauses in question did not apply to dissenting ministers, since they thought that “the term ’Protestant clergy’ could apply only to Protestant clergy recognized and established by law.”  We shall see a little farther on the truth of the old adage that “lawyers will differ” and that in 1840, twenty-one years later than the expression of the opinion just cited, eminent British jurists appeared to be more favourable to the claims of denominations other than the Church of Scotland.

Until 1836—­the year preceding the rebellion—­the excitement with respect to the reserves had been intensified by the action of Sir John 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