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THE HONGKONG GOVERNMENT GAZETTE, 15TH JULY, 1865.
dependencies, and the Island of Saint Helena, it was desirable and expedient that the same should be divided into three (a+ more) distinct and separate sees or dioceses, to be styled the Bishopric of Cape Town, the Bishopric of Graham's Town, and the Bishopric of Natal -the Bishops of the said several sees of Graham's Town and Natal and their successors to be subject and subordinate to the See of Cape Town and to the Bishop thereof and his successors, in the same manner as any bishop of any see within the Province of Canterbury was under the authority of the Archiepiscopal See of that province and the Arch bishop of the same; and the Letters-Patent contained the following passages:-
And we do further will and ordain that the said Right Reverend Father in God, Robert Gray, Bishop of the said See of Cape Town, and his successors the Bishops thereof for the time being, shall be and he deemed and taken to be th Metropolitan Bishop in our Colony of the Cape of Good Hope and its dependencies, and our Island of Saint Helena, subject nevertheless to the general superintendeuce and revision of the Archbishop of Canterbury for the time being, and subordinat»». to the Archiepiscopal See of the Province of Canterbury: and we will and ordain that the said Bishops of Graham's Town and Natal respectively shall be Suffragan Bishops to the said Bishop of Cape Town and his successors.
And we will and grant to the said Bishop of Cape Town and his successors full power and authority as Metropolitan of the Cape of Good Hope, and of the Island of Saint Helena, to perform all functions peculiar and appropriate to the office of Metropolitan within the limits of the said Sees of Graham's Town and Natal, and to exercise Metropolitan jurisdiction over the Bishops of the sai Sees and their successors, and over all archdeacons, dignitaries, and all other chaplains, ministers, priests, and deacons in holy orders of the United Church of England and Ireland within the limits of the said dioceses. And we do by these presents give and grant unto the said Bishop of Cape Town and his successors full power and authority to visit once in five years, or oftener if occasion shall require, as well the said several Bishops and their successors, as all dignitaries and other chaplains, ministers, priests and deacons in holy orders of the United Church of England and Ireland resident in the said dioceses, for correcting and supplying the defects of the said Bishops and their successors, with all and all manner of visitorial jurisdiction, power, and coercion.
"And we do hereby authorize and empower the said Bishop of Cape Town and his successors to inhibit during any such visitation of the said dioceses the exercise of all or of such part or parts of the ordinary jurisdiction of the said Bishops or their successors as to him the said Bishop of Cape Town or his successors shall seem expedient, and during the time of such visitation to exercise by himself or themselves, or his or their commnissaries, such powers, functions and jurisdictions in and over the said dioceses as the Bishops thereof might have exercised if they had not been inhibited from exercising the same.
"And we do further ordain and declare that if any person against whom a judgment or decree shall be pronounced by the said Bishops or their successors, or their commissary or commissaries shall conceive himself to be aggrieved by such sentence, it shall be lawful for such person to appeal to the said Bishop of Cape Town or his successors, provided such appeal be entered within fifteen days after such sentence shall have been pronounced.
"And we do give and grant to the said Bishop of Cape Town and his successors full power and authority finally to decrev and determine the said appeals.
"And we do further will and ordain that in case any proceedings shall be instituted against any of the said Bishops of Graham's Town and Natal, when placed under the said Metropolitical See of Cape Town, such proceedings shall originate and be carried on before the said Bishop of Cape Town, whom we hereby authorize and direct to take cognizance of the same.
"And if any party shall conceive himself aggrieved by any judgment, decree, or sentence pronounced by the said Bishop of Cape Town or his successors, either in case of such review or in any cause originally instituted before the said Bishop or his successors, it shall be lawful for the said party to appeal to the said Archbishop of Canterbury or his successors, who shall finally decide and determine the said appeal."
The Letters-Patent which constituted the See of Natal and appointed the Appellant to that See, were sealed, and bear date on the 23rd November, 1853, fifteen days before the grant of the Letters-Patent to the Bishop of Cape Town.
The Letters-Patent creating the See of Natal recited the Patent of September, 1847, which created the original Diocese of Cape Town, and appointed Dr. Gray the Bishop thereof, and that he had since resigned the office of Bishop of Cape Town, whereby the said See had become and was then vacant. The Patent also recited that it was expedient and desirable that the said diocese should be divided into three or more distinct and separate dioceses, to be styled the Bishoprics of Cape Town, Graham's Town, and Natal, the Bishops of the said several Sees of Graham's Town and Natal to be subject and subordinate to the See of Cape Town, and the Bishop thereof, and his successors, in the same manner as any Bishop of any See within the Province of Canterbury was under the authority of the Archiepiscopal See of that Province and the Archbishop of the same; and the Letters-Patent proceeded to erect, found, make, ordain, and constitute the district of Natal, to be a distinct and separate Bishop's See and Diocese, to be called the Bishopric of Natal. And after appointing Dr. Colenso to be the Bishop of the said Sce, and granting that the said Bishop of Natal and his successors should be a body corporate, the Letters- Patent contained the following passage:-
"And we do further ordain and declare that the said Bishop of Natal and his successors shall be subject and subordinate to the See of Cape Town, and to the Bishop thereof and his successors, in the same manner as any Bishop of any See within the Province of Canterbury, in our Kingdom of England, is under the authority of the Archiepiscopal See of that Province. and of the Archbishop of the same: and we do hereby further will and ordain that the said John William Colenso, and every Bishop of Natal, shall, within six months after the date of their respective Letters-Patent, take an oath of due obedience to the Bishop of Cape Town for the time being, as his Metropolitan, which oath shall and may be ministered unto him by the said Archbishop, or by any person by him duly appointed or authorized for that purpose."
The Letters-Patent then proceeded to confer on the Bishop of Natal and his successors Episcopal jurisdiction and authe rity over all rectors, curates, ministers, chaplains, priests, and deacons within the diocese, and directed that, if any party should conceive himself aggrieved by any judgment, decree, or sentence pronounced by the Bishop of Natal or his successors, lie shou!! have an appeal to the Bishop of Cape Town, who should finally decide and determine the appeal.
Under these Letters-Patent, the Appellant was consecrated on the 30th November, 1853, and he took an oath of canonic obedience to the Metropolitan Bishop of Cape Town, which oath was administered to him by the Archbishop of Canterbury, and was in these words:-"I, John William Colenso, Doctor in Divinity, appointed Bishop of the See and Diocese of Nat do profess and promise all due reverence and obedience to the Metropolitan Bishop of Cape Town and to his successors, an to the Metropolitan Church of St. George, Cape Town." At this time there was not in reality any Metropolitan See of Cap Town, or any Bishop thereof, in existence.
These several Letters-Patent were not granted in pursuance of any Orders or Order made by Her Majesty in Council, ne were they made by virtue of any statute of the Imperial Parliament, nor were they confirmed by any Act of the Legislature of the Cape of Good Hope or of the Legislative Council of Natal.
Previously to these Letters-Patent being granted the District of Natal had been erected into a distinct and separa Government; and, by Letters-Patent granted by the Crown in 1847, it was ordained that it should have a Legislative Coun which should have power to make such laws and ordinances as might be required for the peace, order, and good governme of the district. With respect to the Cape of Good Hope, by Letters-Patent dated 23rd May, 1850, it was declared a ordained by Her Majesty that there should be within the Settlement of the Cape of Good Hope a Parliament, which should le hotden by the Governor, and should consist of the Governor, a Legislative Council, and a House of Assembly, and that su Parliament should have authority to make laws for the pence, welfare, and good government of the settlement.
In the year 1863, çertain charges of heresy and false doctrine were preferred against the Appellant before the Bishop Cape Town as Metropolitan, and, upon these charges, the Bishop of Cape Town, claiming to exercise jurisdiction as Metro litan, did, on the 16th day of December, 1863, sentence, adjudge, and deeree the Appellant, the Bishop of Natal, to be depos
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