Remarks On the Judgment Delivered in the Supreme Court in Re Bishop Merriman Vs
Remarks On the Judgment Delivered in the Supreme Court in Re Bishop Merriman Vs
H Badnall
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The contention for the Dean is that the relations between him and Bishop Cotterill began on an honest Church of England basis, and that the rules and regulations of the Diocesan Synods of i860 and 1863 the only synodical rules in existence in the diocese when the Dean made his subscription, — also rested on an honest Church of England basis. But at some subsequent time, so runs the story, a division arose within the diocese. Certain parties agreed to " found a Church distinct from the Church of... England. " They did " found " such a Church, repudiating the rightlul headship of the Sovereign, ignoring letters patent, and making laws contrarient to those of the Church of England, as well as to certain colonial statutes binding on all true members of that Church. Bishop Merriman is the creation of this new and distinct religious body, and as such can have neither part nor lot in the older community which Bishop Cotterill represented, and to which Dean Williams belongs still. Such, in sum and substance, is the history of the rise of the Church of the Province of South Africa, and of the Dean's relations to it, as recognised or assumed throughout the argument of the Chief Justice.
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