Catholic Church -- Ireland -- Periodicals; Catholic Church -- Periodicals
DR. COLENSO AND THE OLD TESTAMENT. NO. II.
The Colenso controversy has entered on a new phase. It appears we must no
longer speak of Dr. Colenso as the Protestant Bishop of Natal. He enjoyed
this title indeed for a time, in virtue of letters patent issued by the
supreme head of the Established Church. But the judicial committee of her
Majesty’s privy council has sat in judgment on her Majesty’s letters
patent, and has just pronounced that they are invalid and without effect
in law; that her Majesty had assumed a prerogative which did not belong to
her, and had been guilty in fact, though inadvertently, of an illegal
aggression upon the rights of her colonists.
The history of this remarkable decision may be told in a few words. Dr
Colenso was appointed to the See of Natal in the year 1853. In the same
year, Dr. Gray, as Bishop of Cape Town, was invested by royal letters
patent with metropolitan jurisdiction over Dr. Colenso and the diocese of
Natal. Ten years passed away, and each in his own sphere exercised the
authority which he was supposed to have received from the crown. At length
Dr. Colenso’s book appears, and a charge of heresy is preferred against
him. The charge is entertained by the supposed metropolitan, who sets up a
court, proceeds to try the cause, and finally, in December, 1863, delivers
his sentence. By this sentence Dr. Colenso is deprived of his see, and
forbidden to exercise his sacred functions within the ecclesiastical
province of Cape Town. The deposed bishop refuses to acknowledge the
jurisdiction of the court, and appeals to the privy council. The
controversy was thus reduced to a simple question of law,—was Dr. Gray
legally possessed of those metropolitan rights to which he laid claim? To
this question the judicial committee of the privy council has given a
clear and decisive answer. When a colony is once endowed with legislative
institutions of its own, the crown no longer possesses any authority to
create sees or to confer ecclesiastical jurisdiction. Now in the two
colonies of Cape Town and Natal an independent legislature had been
established in the year 1850; and therefore the letters patent of 1853
were null and void in law. Hence it follows that, according to English
law, Dr. Gray was never in point of fact the Metropolitan of Cape Town;
but neither was Dr. Colenso the Bishop of Natal.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account