Cases Decided in the Supreme Court of the Cape of Good Hope During the Year 1880

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Page 209 - That the Book of Common Prayer, and of ordering of Bishops, Priests, and Deacons, containeth in it nothing contrary to the word of God...
Page 204 - The Church of England, in places where there is no Church established by law, is in the same situation with any other religious body — in no better, but in no worse position...
Page 211 - England to preach freely the doctrines which were there in question ; but in the Church of South Africa a clergyman preaching the same doctrines may find himself presented for, and found guilty of, heresy. Such a reservation on the part of the Church of South Africa must tend to silence and to exclude those whom the decisions of Her Majesty in Council would protect in the Church of England. The decisions referred to form part of the constitution of the Church of England as by law established, and...
Page 175 - ... he is at liberty to prove that such admissions were mistaken or were untrue, and is not estopped or concluded by them, unless another person has been induced by them to alter his condition ; in such a case the party is estopped from disputing their truth with respect to that person (and those claiming under him), and that transaction ; but as to third persons he is not bound.
Page 88 - Governor-General, so far as we lawfully may upon sufficient cause to him appearing, to remove from his office, or to suspend from the exercise of the same, any person exercising any office within Our said Dominion, under or by virtue of any Commission or Warrant granted, or which may be granted, by Us in Our name or under Our authority.
Page 205 - With respect to the first question, we apprehend it to be clear,' upon principle, that after the establishment of an independent Legislature in the Settlements of the Cape of Good Hope and Natal, there was no power in the Crown by virtue of its Prerogative (for these Letters-Patent were not granted under the provisions of any Statute) to establish a Metropolitan See or Province, or to create an Ecclesiastical Corporation, whose status, rights, and authority the Colony could be required to recognise.
Page 201 - June, 1849, the Governor of the Colony, in the name and on behalf of Her Majesty, granted the site to Dr. Gray, the Bishop of Cape Town, and his successors in the see, " on condition that the land hereby granted shall for ever hereafter be used for ecclesiastical purposes in connection with the Church of England, and to and for no other purpose whatsoever. . . . Subject, however, to all such duties and regulations as are either already or shall in future be established with regard to such lands."...
Page 210 - that in the interpretation of the standards and formularies, the Church of this province be not held to be bound by decisions in questions of faith and doctrine, or in questions of discipline relating to faith and doctrine, other than those of its own ecclesiastical tribunals, or of such other tribunal as may be accepted by the Provincial Synod as a tribunal of appeal...
Page 12 - To do and execute all such other things as may be necessary for winding up the affairs of the Company and distributing its assets.
Page 158 - It may be true that the Crown, as legal head of the Church, has a right to command the consecration of a Bishop, but it has no power to assign him any diocese, or give him any sphere of action within the United Kingdom.

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