NATA
Engl, in No. &.
PUBLIC RECORD OFFICE
Reference -
TLC.O.885
3 PUBLIC RECORD OFFICE, LONDON
NATAL
No. 5.
• Page 1.
30
8
CORRESPONDENCE RELATIVE TO
That in this state of things the Bishop of Natal returned to the Colony, arriving there in November 1865, and on the 16th of the following month the Bishop of Capetown passed sentence of excommunication upon him, which Mr. Green, in his alleged capacity of Vicar-General of the Bishop of Cape Town, published in the cathedral church of Natal in January last, and that the Bishop claims of the Government that Mr. Green should be suspended or dismissed for this and other alleged acts of insubordination;
That the officer administering the Government of Natal has abstained from acting on the matter thus brought before him, and requests to be furnished with instructions.
That you, sir, therefore requested that we would report to you,
(1.) Whether or not Her Majesty's Government is to view the Bishop of Natal as being, at present, entitled to require the clergy who are paid by the Colony to submit themselves to him:
(2.) Whether Her Majesty's Government is bound, or at liberty, to enforce the episcopal authority of the Bishop of Natal by dismissing Mr. Green, if he refuses due deference and submission:
(3.) And, generally, what instructions should be given to the officer administering
the Government on the subject under present circumstances.
Sir Frederic Rogers also annexed, for convenience of reference, a copy of the judg- ment of the Judicial Committee in the case of the Bishop of Natal, and of a memorandum containing the draft bill above referred to.
In obedience to your directions we have considered this matter, and have the honour to report,
That the Judicial Committee of the Privy Council has determined (1) that no legal see or bishopric was constituted, and that no ecclesiastical jurisdiction was conferred by the Royal Letters Patent under which the Bishop of Natal claims authority over Mr. Green; and (2) that by those Letters Patent no coercive legal authority was, or could be, conferred over any person. It appears to us to follow that Mr. Green, having been a clergyman lawfully officiating in the Colony, and having held the office of Colonial Chaplain therein before Dr. Colenso was appointed bishop, Her Majesty's Government are certainly not bound (though they are as clearly at liberty, if they think fit,) to enforce the episcopal authority of the Bishop of Natal by dismissing Mr. Green, if he refuses to render deference and submission to that prelate.
it
(3.) If it should appear to Her Majesty's Government to be inexpedient to interfere, at the present time, one way or the other in the unfortunate aud embarrassing questions connected with the respective pretensions of Bishop Colenso and Bishop Gray, we think be proper to state to the Officer administering the Government of Natal that Her may Majesty's Government understand the effect of the judgment of the Privy Council to be as above explained; and that they think it inexpedient to use their authority for the purpose of depriving Mr. Green of any liberty which the law may allow to him with respect to his acknowledging or not acknowledging the episcopal authority of Bishop Colenso, seeing that if any questions capable of being legally determined now exist between the Bishop and Mr. Green, both parties, or either, may pursue such remedies as they may be legally entitled to before the ordinary tribunals of the country.
We have, &c.
(Signed)
The Right Hon. Edward Cardwell, M.P.
&c.
&c.
&c.
No. 5.
ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE,
COPY of a DESPATCH from the Acting Lieut.-Governor to the Right Hon. EDWARD CARDWELL, M.P.
SIB,
(No. 55.)
Government House, Natal, May 4, 1866. (Received, June 16, 1866.)
WITH reference to my Despatch, No. 25, of the 22d February last, on the subject raised by the Lord Bishop of Natal, of a grant from the Colonial Treasury to the Very Reverend Dean Green, as chaplain of the English church at Pietermaritzburg, being continued to that reverend gentleman, and at the request of the subscribers to the enclosed petition, I have the honour to transmit the accompanying letter from
COLONIAL BISHOPRICS.
9
Mr. Spence, forwarding a memorial addressed to yourself, and signed by 361 inhabitants of this Colony, on this subject.
I have, &c. OHN J. BISSET, Colonel,
SIR,
The Right Hon. Edward Cardwell, M.P,
&c.
&c.
&c.
Enclosure in No. 5.
Acting Lieut.-Governor.
Pietermaritzburg, May 3, 1866.
I HAVE the honour to lay before you a memorial (in triplicate), signed by 361 inhabitants of this colony, and to request that you will be pleased to forward the same without delay to His Excellency the Acting Lieutenant-Governor, with a prayer that he will be pleased to transmit the same to Her Majesty's Principal Secretary of State for the Colonies by the present out-going mail, as the delay of a month might defeat the object of the memorial.
I have, &c. (Signed) J. H. SPENCE.
The Hon. the Colonial Secretary,
&c.
&c.
&c.
To the Right Honourable EDWARD CARDWELL, Her Majesty's Principal Secretary of State for the Colonies.
The Memorial of the undersigned Inhabitants of the Colony of Natal,—
HUMBLY SHOWETH,
THAT memorialists have learned with deep regret that an attempt has been made to deprive the present Colonial Chaplain of the city of Pietermaritzburg iu this colony of the annual stipend of 1007 now paid to him in such capacity.
That memorialists cannot but feel that the Very Reverend James Green, the present occupant of said office, has always faithfully and zealously discharged the duties thereof, and they would therefore earnestly protest against such a deprivation, as being unjust and oppressive to a most deserving public
officer.
In fuller corroboration of these statements memorialists, would humbly call attention to the enclosed ropy of an address recently presented by them to the aforesaid Very Reverend James Green, bearing signatures from all parts of the Colony.
Wherefore memorialists would respectfully pray that this testimony to his zeal and worth may be taken into full consideration before any, decision is arrived at which might, without due and sufficient cause, heavily oppress a faithful and loyal subject of the Crown, by depriving him of the salary he has
long enjoyed. And your memorialists, as in duty bound, will ever pray.
60
Signed on behalf of all whose names are attached to the
enclosed address, and with their authority,
J. H. SPENCE.
To the Very Reverend JAMES GREES, M.A., Dean of Pietermaritzburg. VERY REVEREND AND DEAR Sin,
WE, the undersigned inhabitants of Pietermaritzburg and other parts of the Colony, impressed with a deep sense of what we owe to your untiring ministrations during a period of nearly 18 years, embracing seasons of almost unexampled difficulty and most severe trial to the cause of Truth, desire to express to you at the present time our appreciation of the many high and noble qualities which have been displayed in your conduct whilst amongst us; the Christian firmness, consistency of life, impartial generosity, uniform affability of demeanour, and firm continuance in well doing through evil as well as good report, by which you have, as we well know, secured the love and respect of all classes of the community.
Most of us can gratefully recollect your frequent acts of unselfish kindness, timely and prudent counsel in seasons of trial or perplexity, and many other personal and individual benefits, whilst all must bear testimony to the untiring zeal and assiduity with which your labours as a Christian minister have ever been characterised during the lengthened period of your residence in Natal.
We feel it the more incumbent upon us at the present time to assure you of our sincere respect and unshaken confidence since we have learned, with deep regret, through the medium of the public journals, that Dr. Colenso has thought proper on a recent occasion to represent in the highest quarters his opinion that you are not a lit person to discharge the duties of Colonial Chaplain in this city, and to recommend the withdrawal of the annual grant of 100%, at present received by you from the public Treasury, and that the correspondence on this subject has been officially forwarded to Her Majesty's Principal Secretary of State for the Colonies, for his decision as to such withdrawal.
Gratefully acknowledging, as we do, the devoted and conscientious manner in which you have ever discharged your duties amongst us as a Christian minister, we feel that we should be wanting in the discharge of our duty were we not to raise our earnest and decided protest against this groundless aspersion of your character.
To give force to this our protest we have determined upon transmitting a copy of this address to the same liigh authority,
We would, in conclusion, renew our expressions of the greatest respect and confidence on the following grounds :-
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