CO885-(10-11) — Page 526

4887.

No. 411.

(NARAL.)

PUBLIC RECORD OFFICE

Reference :-

། ། ། ། ། mmimim C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT BERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

}

STR,

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, May 17, 1866. We are honoured with Sir Frederic Rogers' letter of the 4th instant, stating that he was directed by you to transmit to us copies of two Despatches from the Officer Administering the Government of Natal, with enclosures, relative to a complaint made by the Bishop of Natal against Mr. Green, Colonial Chaplain and Dean of Pietermaritzburg, and that you, Sir, desired him to state that the Bishop of Natal was appointed by Letters Patent, dated 23rd November 1853, and that he receives no salary either from the Imperial Government or from the Colony. That Mr. Green was appointed chaplain in 1849, and receives an annual stipend voted by the Colonial Legislature.

That, on the 16th December 1863, the Bishop of Cape Town, in his capacity of metropolitan, assumed to depose the Bishop of Natal on certain charges of heresy and false doctrine, but that the judgment of the Lords of the Judicial Committee of the Privy Council, delivered on the 20th March 1865, pronounced this deposition to be invalid. That the Judicial Committee at the same time used language which has led to the doubt whether the Letters Patent constituting the Bishopric of Natal were not invalid also; but that, supposing these Letters Patent to be invalid, the episcopal character of Dr. Colenso, as Bishop of Natal, would be to a certain extent revived if a Draft Bill, prepared with our advice, to remove doubts respecting the effect of such Letters Patent were to become law.

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 Cape Town 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 judgment 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.

0 14978.-90. 15.-5/86.