The Express.
London, England, 1864-12-16 00:00:00

THE EXPRESS,

THE CASE OF BISHOP COLENSO.

At the clews of Mr. Stephen's address yesterday,
The Lord Chancellor asked what were the temporalities of
the ems of Natal.

7117V7. lf. J 11121•111 maid them were some endowments, and
a fund in England from which he was paid ; but payment
had been suspended during these proceedings.
The Queen's Advocate then proceeded to Writer their
lordships on behalf of the Bishop of Capstown. He rid
he wished to explain how it was the Bishop of O•petown
wu before their lordships. When the case was before the
court some months ago, their lordships were very careful
not to express any opinion on the subject of jurisdiction,
recommending that before the matter cams on for hearing
all persons who ware interested should be served with
MAIM, so that they might have an opportunity of appear-
ing before that tribunaL Amongst those served was the
Bishop of Capetown, who, by the advice of counsel, ap-
peared there under protest. At the same time he had to
say, on the part of the bishop, that if he should be found
to have been wrong in the coarse he took, it was not hip
intention to appear in any further proceedings in that court.
When the proper time came he would be ready and eager to
enter into the merits of the case, and their be would be able to
show that in what he did he was actuated by those feelings of
justice and charity which all men who had the honour of his
acquaintance knew he pursued. The learned counsel maid
he would not reply to the charges which had been profusely
scattered on the present occasion, but confine himself to the
legal aspects of this most important cue. The Bishop of
Capetown was not unmindful that he had received his
patent from the crown, and that was another reason why
he appeared before their lordships to show that he had
exercised, as be conceived, the powers conferred upon
him by that patent in a proper manner. He (the
Queen's Advocate) did not think that sufficient mitten.
Lion had been paid to a most important element in the
came—the state of the Anglican church in her Majesty's
possesions. A great deal of confusion had been introduced
into this subject. The first notion was that that church
had the same privileges as our own, and it was only by de-
grees that this notion became abandoned both by lawyers
and statesmen. Until that luminous judgment was deli-
vered in the cams of " Long v. the Bishop of Capetown,"
there was no clear notion of the legal trot us of the Anglican
church in the colonies. It wag not only that there was au
inherent difficulty in applyiog our statute law to the colonies,
but there was this incidental element in the case, that in rea-
lity at the present moment there was hardlyasingle church in
the colonies which did not subsist under distinct authori-
ties, and had its own peculiar laws and rules. In Canada the
church was altogether independent of the crown of England,
full liberty having been given to it to convene its own
syoods, to frame its own rule*, and to make its own bishops.
In Australia and New Zealand the church was conducted
on entirely different principles, and so in other parte of the
world. By their lordships' judgment in the case of "Long
v. the Bishop of Capetown" the colonial church was placed
in exactly the same position as the Wesleyan or the Roman
catholic body with respect to the power to make agreements
by which its members should be bound. Upon the principle
of that decision it was the duty of their lordships, whenever
a similar case came before them, to extract the terms of
the contract between the parties, so as to form a judgment
whether they should interfere or not. The Bishop of Cape-
town had not attempted to exercise uncontrolled arbitrary
power, but had, on the contrary, taken every precaution to
avoid all appearance of unfairness, by calling in to his
amistsoce a suffragan bishop (the Bishop of Graharu's
Town). with the bishop of an adjoining territory, who,
although not strictly a suffragan bishop, had been conse-
crated by direct license from the crown. lf, however,
Dr. Coleus° had been injured, what was to prevent him
seeking redress in the courts of Capetown or Natal, aa
Mr. Long did, and u Mr. Warren did in this country ? I
The Lord Chancellor suggested that it might be im-
portaot
to consider whether the sitting in judgment by the
Bishop of Capetown in what he called the synod, cams at
aU within his authority as given either by the crown or by
the contract between the parties.
. . .

The Queen's Advocate ‘hen read the principal portions of
the proceedings in synod.
The Lord Chancellor inquired what was the constitution
of the court which considered Dr. Colenso's case.
The Queen's Advocate said it was the metropolitan's
court, the Bishop of Capetowu having called in two
111110116011.
The Lord Chancellor—Would the court of the Arch-
bishop of Canterbury have bees constituted in like man-
ner?

The Queen's Advocate—l think so.
The Lord Chancellor—Would be not have heard and
decided by the aid of lawyers':
The Queen's Advocate—l do not know how that would
have beep. I apprehend that it would be entirely optional
on his part
The Lord Chancellor—Do you know of any case in which
he has not been aided by laymen?
The Queen's Advocate—No: but cases of bishops befog
deprived by archbishops are fortunately rare.
The Lord Chancellor—Was the analogy between the two
courts followed in this ease?
The Queen's Advocate—l submit that it certainly was
followed, and as carefully as it possibly could be. I admit
that as a matter of propriety. sad with the view of forming
a correct judgment, be bad better have bad the assistance
of legal assessors ; but that has nothing to do with the
question. The principle is that the metropolitan constitutes
the court.

Sir S. Lusbington said it appeared, from the report of the
proceedings, that the metropolitan cornmuni:sted the pro-
posed sentence to the synod,who approved of it.
The QLIBOII.II Advocate did not offer any opinion on the
expediency, propriety, or impropriety of what the Bishop
of Capetown did in that synod, but it bad nothing to do
in the remotest degree with the trial of Dr. Colours. He
could not help thanking that this matter had been stuffed
into the petition in order to direct attention away from the
issue, viz., whether the metropolitan had jurisdiction.
Suppose, for example, the Archbishop of Canterbury bad
had a cue of the kind, and if convocation had been sitting,
had asked the opinion of the upper house on the subject
of the proposed seatence. That would be an analogous
case, and the sentence would have been the archbishop's,
and not that of convocation.
Sir S. Lusbington said he would have been utterly
astonished at such a proceeding.
The Queen's Advocate—The Bishop of Capetown merely
took the advice of hie spiritual brethren on a question of
heresy, oe which they were well able to form an opinion.
The learned gentleman said be proposed to divide his case
into two parte :—l. Whether the metropolitan h►d power to
deprive Dr. 00101210 ; awl 2. Whether their lordships had,
in the present state of thins, power to revise the sentence
whish the metropolitan had passes. He then quoted
larply from several eminent canoeists and other authori-
ties, and was proceeding when the court adjourned.
It was intimated by the Lord Chancellor that if the argu-
ments did net conclude to-day the farther bearing of the
appeal would be adjourned until Monday.

V rIITER,SITY INTELLIGENCE.

CAMBRIDGE, Dirc.ls.

TIAWO will be congregations on the following days
of thweasatag Lent Tern --Saturday, January 26 (B.A.
eotnineweemeat), at tea ; flu days. Feb/nary 9, and 23;
/lamb 9, and 2.3; and Await 6, at twelve.

NAVAL AND MILITARY.

AramArmy, Dec. 15.—APPOINTMENTS. Pay-
mtate= C; W. WDermott, to the Cadmus ;J. L. Southey,
to the Princess Charlotte..
Assigns{ Pa:muter J. 7. Slue, tot's* Wellesley.

INICZTINO A Sworn.—An affair arising oat of a
singular dispute has just been brought before a polisomoart
at Burls. A gentleman and a lieutenant is the army emoting
Mph* street, the stick of the forme, streak by accident the
sword of the latter. Faith party turbid round, apgsreutly
expects; the ether to apologise, when at last the civilian
remarked, " Why the deuce do yea pass thremgh the
strains with year spia stick* mat in such a manage?'
High words followed, which ended to the officer prosecuting
his adversary for an inseit to his military honour by an in-
jurious epithet applied to his awed. The president of the
coast severely reproved the civilise for the expression used ;
aad the court, consider* that the accused could not be in
the possession of his full mental faculties, admitted exte-
nuating einnastaares, and condemned him to a fine of 15
tinders (Aunt '2./.).
FATAL Arell>ENT AT DEVON GREAT CONSOLS
MINE.-0a Wedannday morning, &hoot eight o'clock, an
accident happened at the Devoe Great Conran Mine,
through which the life of one maa was ascritioad, and that
of another placed in jeopardy. John Stephens and Thomas
Richards, two miners, were at their work, sloping at Wheal
Josiah, when some of the earthwork gave way, and fell
upon them. Stephens' skull was fractured, and be died
instantly. Richards' thigh was broken, and he is otherwise
injured. In the course of the day Stephens was taken to
his home in Brook street, Tavistock. lie was a young un-
married man, and had only bees working at the mines seven
days, having previously been working at the railway cutting
at Tavistock. —Western Do i'p Press.
An extra mail for Madeira will be made up in
London on the morning of the 19th hot for eonveyanon
from Southampton by the steamship Eider. The letters
forwarded by this opportunity will be liable to the usual
packet rates of postage.
A SN.tliE IN • Cnracn.—On Monday last, while
service sae being conducted in the Roman catholic church,
• carpet snake, some four feet long, made its appearance from
some air-hole or corner, and took up a position in front of
the altar. The otficiating priest made a hasty movement
towards it, with the apparent intention of grappling with
it, but was restrained by two or three of the congregation,
until a gun was procured. sad the reptile shot, and cast
out. —Wawa FV,i figa Expert.
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