The Case of Long V. Bishop of Cape Town; Embracing the Opinions of the Judges of the Colonial Court, Together with the Decision of the Privy Council, and Prelim. Observations by the Editor

The Case of Long V. Bishop of Cape Town; Embracing the Opinions of the Judges of the Colonial Court, Together with the Decision of the Privy Council, and Prelim. Observations by the Editor

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...the order and ministry of priesthood." Neither is there anything of consideration or value coming from the bishop to the priest in the words of mission: "Take thou authority to preach the word of God and to minister the holy sacraments in the congregation where thou shall be lawfully appointed thereunto." The qualification of the priest for holding a living with temporalities attached, conferred by these words, may be followed by the gift of such a living, but whether that shall happen, or whether the bishop who ordained, or some other person, shall be donor of the living, is a mere accident, no way dependent on or necessarily resulting from the ordination. The bishop in ordaining has merely discharged a function of his office according to his conscientious convictions--a function which the courts of common law will enjoin him to perform, unless he can assign a sufficient reason for omitting to do so--and, so far as he has any part as judge in deciding whether due obedience has been rendered by the priest, should the priest obtain a living in his diocese, he has not that office by force of any contract between him and the priest, but by force of the law which gives him the office. If the living be in another diocese he is no judge of the priest in any respect. But, in the second place, it is only by fiction of law that the bishop is said to be judge; substantially, the judge of the bishop, who is more often a laic than an ecclesiastic, and is bound, like other judges, to regulate his decisions by law and precedent, is the person to decide, and if the proceeding should result in sentence of deprivation, though that sentence must be pronounced by the bishop in person, it is done by him as the mere organ of the judge--he cannot...show more

Product details

  • Paperback | 60 pages
  • 189 x 246 x 3mm | 127g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236637089
  • 9781236637086