cmap. 1] THE CHURCH IN THE DOMINIONS 1435 
Church of England. It would strictly and properly be an 
Episcopal Church not of, but in, South Africa, as it is the 
Episcopal Church in Scotland but not of Scotland. He 
strongly recommended that for the sake of uniformity the 
Church of England should have branches in the Colonies 
instead of their being separate and independent Churches. 
It was a mistake to think that the Bishop of Cape Town had 
been held to have no effective ecclesiastical jurisdiction. As 
a matter of fact, the decision was that he had jurisdiction, 
but he must administer it in accordance with the doctrines 
and discipline of the Church of England, and in a manner in 
accordance with the principles of justice, and that whether 
or not it were so administered was a question that was to be 
decided by the civil Courts of the Colonies. 
He accordingly held that the Bishop of Natal was suffi- 
ciently a bishop of the Church of England as to be entitled 
to receive the emoluments of his office. He added, however, 
that if the bishop had failed to carry out his duties he might 
have been refused his salary. 
There was some real inconsistency between this case and 
that of in re The Lord Bishop of Natal, but in mentioning 
the case in ex parte Jenkins! the matter was disposed of, when 
in the case of the Bishop of Newfoundland a question arose 
with regard to his authority in the Bermudas, by the fact 
that such authority was conclusively authorized by various 
Colonial Acts. In Merriman v. Williams? however, the rules 
of connexion between the churches weremore precisely defined. 
The Law Officers of the Crown in April 1869 were asked 
to advise what steps could be taken to try the bishop, assum- 
ing that he was guilty of an ecclesiastical offence.> They 
mentioned in their opinion that the Colonial decision in the 
Bishop of Natal v. Green had shown that there had been 
some misapprehension in the view of the Privy Council as 
to the status of the Colony,* and it might be that the letters 
12P. C. 258 Cf 3P.C.1,atp. 13. 
* Above, p. 1433, n. 1. * Forsyth, op. ecit., pp. 60, 61. 
' This was probably the case. The Colonial Court (1868 N. L. R. 138, 
Phillips J. diss.) accepted the view that the letters patent were valid and did 
confer jurisdiction, when Mr. Green sought to ignore his bishop on the faith 
of the earlier decisions.