Cape and Natal News: Monday 23rd September 1867

The Ecclesiastical Troubles: Our story this time is less exciting than it was last month, being principally centred in the delivery of judgment by the Supreme Court in the case of Colenso v. Wills. The Bishop of Natal applied for an interdict restraining Rev. J. H. Will., Chaplain to Bishop Twell, of the Free State, from holding service or otherwise officiating here without having first received the licence of the lawful bishop of the diocese — Dr. Colenso. After bearing the lengthy arguments of the applicant’s counsel (Mr. S. Pinsent), and of the respondent, the Court reserved its decision, which it gave on the 31st July, when Justices Connor and Phillips gave judgment in favour of Mr. Wills, and the Chief Justice in favour of the Bishop. The interdict sought for was not therefore granted. 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

Civil & Military Gazette (Lahore): Tuesday 9th July 1867

(Madras Times): From the Cape papers brought by the Candia on Saturday, we see that Bishop Colenso has deposed the principal of his refractory clergy. The following is His Lordship’s Judgement on the cases: … (includes) … And whereas we did, on the said twenty sixth of March last, cite the said Very Rev. James Green and our legal assessors, Savery Pinsent and John Richardson Goodricke, Esquires, attorneys and advocates of the Colony of Natal, on the eleventh day of April following, in St. Mary’s Church in the city of Pietermaritzburg to answer the said charges: And whereas the aforesaid Very Rev. James Green being duly called, did not appear in answer to our citation, And whereas the said Theophilus Shepstone, Jun. did then, on the said eleventh day of April, and on the day following, produced evidence before us, and our assessors aforesaid in support of the said charges … (continues) … guilty of … brawling … wilful disobedience to the lawful commands of the Bishop of Natal, his Ordinary, … and of schism … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

John Bull: Saturday 29th June 1867

South Africa: (from a correspondent): Bishop Colenso has held a Court of Citation St. Mary’s Church (nativo), for the purpose of citing the Very Rev. J. Green (Dean), the Ven. Archdeacon Fearne, and the Rev. J. Walton of (Pine Town), to appear before him and his assessors, to show cause why they should not be deprived of their offices, having committed ecclesiastical offences against their lawful Bishop. It is needless to say neither these gentlemen responded to the citation. Bishop Colenso was seated at a table in front of the communion rails, and on either side the assessors, Messrs. S. Pinsent and J. R. Goodricke (advocates of the Supreme Court), and Mr. T. Shepstone, jun., Registrar of the Diocese (a young advocate), sat at another table; while a Mr. Melville (a lawyer’s clerk) acted as the registrar’s clerk. The Revs. Canon Gray and A. Tonnessen were also present, and the spectators numbered, perhaps, some twenty or thirty persons. Dr. Colenso stated that he had instituted these proceedings, as Bishop of the diocese, against three clergymen for certain breaches of discipline; he had been guided by the language of the Lords of the Privy Council, in the case of “Long v. Bishop Gray.” He was not merely in form, but substantially, the prosecutor; some of the offences charged concerned more particularly some of the laity, and he had intended, if the laws of the Church had been obeyed, with regard to them, by the offending clergy, even at the eleventh hour, to stay all further proceedings. He felt it right to take upon himself all the responsibility of the prosecution of these cases, as Bishop of the diocese; he had procured the assistance of two assessors, according to the suggestion of the Privy Council. These gentlemen were unconnected with the matters in dispute, both living in Durban, and had not taken a prominent part in the subject. He would be guided by their judgment and would leave it to them to frame the decision which he should have to pronounce. Dr. Colenso then called upon the Registrar to read the citation and charges against the Very Rev. J. Green. The Dean was called at the door of the church but did not appear. The citation was read. The charges against the Dean amounted to fifteen and included the denial of the Bishop’s authority in a variety of ways, brawling in the Cathedral Church, and taking part in the election of another Bishop. The charges were supported by the Registrar, Mr. Melville, a Mr. Pratt, and Mr. Barfield (Editor of the Times of Natal). The case of the Rev. J. Walton was then gone into. Four charges were preferred and were of similar character to those laid against the Dean, and also for having on Easter day repelled Mr. H. A. Passmore from the Holy Communion, and not giving any account of the same to the Bishop of Natal. … The third case was that of the aged and respected Archdeacon Fearne, a gentleman worn out in the service of the Church, he assists, as far as his remaining strength will allow, at the Cathedral and at St. Andrew’s. The charges against him are of a similar character. The same witnesses were called to prove this case, with the addition of Mr. Tonnessen. One charge was abandoned, but the others were reported to be proved. The Court then broke up, and it was stated that the assessors would consider their judgment and advise the parties when it would be announced. 

The next matter the Colenso party has been engaged in is a letter addressed to Mr. Butler, the new Bishop elect. It is very clear that they consider this step one of the most damaging to the characters to themselves, although they profess to think lightly of it. In this letter they state that Mr. Butler cannot come here as Bishop of the United Church of England and Ireland, but that he is welcome to come as Bishop of the South African Church, and as such they will acknowledge him, but in no other way. This letter, as a matter of course, they are anxious to get numerously signed, which they will, no doubt, succeed in doing, simply because they are not at all scrupulous by whom it is signed or how the signatures are procured. They are asked to publish the names here but are not at all anxious to do so. Perhaps they may be appended to the original sent to Mr. Butler; if so, it is hoped the list may come back, so that the curiosity may be examined. That it will be a curiosity there can be no doubt, and nothing would give more satisfaction than to examine and expose it. An application has been made to the Supreme Court against the Rev. Mr. Wills, a gentleman who intended to join Bishop Twells in the Free State, but who has been assisting the Dean and Mr. Robinson by alternately taking part in the services at the Cathedral and St. Andrew’s, both on Sundays and during Lent. This gentleman not being licensed, the bishop, by his legal adviser, made an application for an interdict to prevent him (Mr. Wills) from officiating at St. Andrew’s, or in any church in the diocese, or at the Cathedral. The Court gave judgment on the 7th of April. The Colenso’ partisans felt sure of victory, judging from what fell from two of the judges (who never attend a place of worship) on the previous hearing of the case. Those opposed to Dr. Colenso considered the case almost hopeless. They saw that if this interdict should be granted, another would be applied for against Mr. F. S. Robinson, of St. Andrew’s, and then against the Dean of the Cathedral, so that all would be lost to them. You may easily judge of the palpitating hearts of the true band of orthodox Churchmen who assembled in that Court-house, from which has emanated so many interdicts, granted with a view of crushing out for ever from them their loyalty to the great truths handed down to them for so many centuries, and thereby compel them, if possible, to leave Dr. Colenso to glory in his triumphs. But this is not yet to be. There is a short respite left; and may the Bishops and Clergy of England, in the meantime, come to the rescue! The battle against heresy and unbelief has here been fought nobly, and surely, we ought to expect — we have a right to expect — more than sympathy from our Bishops and clergy in our mother country. The decision of the Court was that a rule nisi should be granted to enable the respondent to show cause why the interdict, or order, applied for should not be granted, the hearing of which should be taken on the first day of next term, which will be on the first day July. Dr. Colenso’s advocate demurred to this and wished the hearing to be had on the last day of the present term. The Rev. Mr. Wills, who was in the court, applied for the extended time, but the opposing party intimated that there would be ample time for the respondent to prepare himself by the end of the present month. The Court, however, granted the extended time. The consequence of this will be that the respondent (Mr. Wills) will be in the Free State long before that time (he intended to be in Natal but six weeks more), and, therefore, there will be no necessity to trouble the Court again about the matter. I suppose also the other applications will be in abeyance till the time allowed to Mr. Wills expires. I may here mention as a significant fact, and one that the Colensoites will not themselves promulgate but which ought to be made known throughout the world, that on Easter Sunday last Dr. Colenso, with all the boasted superiority of numbers forming his followers, and although his hour of service is eleven o’clock in the morning, succeeded in inducing some twenty-three individuals to join him at the holy table; while the Dean, at his nine o’clock service numbered some seventy or more. Let Dr. Colenso’s admirers in England be made acquainted with this fact, and they may form their own judgment as to the sort of congregation he boasts off: … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

Cape and Natal News: Monday 22nd April 1867 

Natal: … … REGISTRATION OF WILLS: A strange fact in the matter of wills transpired during a case heard at the Resident Magistrate’s Court lately. It appears that a will cannot be properly registered in this colony, the notary public being the solo custodian. This being the case, it may often happen that wills may not have the proper formalities required by English law, as was really the case in one instance mentioned at the Court by Mr. Advocate Pinsent, where a will was not signed even by the number of witnesses required by the colonial law. His Worship expressed his belief that this state of things afforded too many facilities for the forgery of wills, and was, indeed, likely to lead to many undesirable results … … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

Cape and Natal News: Friday 1st September 1865

Natal Railway Company: … …  The Chairman then said the next business to consider would be the question of the proposed lease of the Government Umgeni line, which was an important one, and the meeting would remember that, at the previous one the shareholders had instructed the directors to enter into the treaty and submit the matter to another meeting. He might state that the board had been met at the outset by unexpected difficulties in obtaining a Bill to enable them to enter into the necessary lease, but that such had at length been passed. They had also in view of the outlay such a new undertaking would require taking steps to induce the Colonial Government to either lend the company money or guarantee the company’s debentures. The Legislative Council had fully approved of the guarantee, and urged it upon the Executive, who, however, had refused their sanction. The Government had submitted a draft lease which differed so materially from the provisional arrangement, that the directors had submitted it to their attorney, who, being present, would be best able to put the shareholders in possession of the facts. The board had addressed the Government on the subject of guarantee or loan, but a reply only reached that morning stating the absence of the Administrator. Mr. Pinsent pointed out that whereas by the original Bill the shareholders were to ratify any contract entered into with the Government, it had been altered and passed so that directors could do so without further reference. He animadverted upon the document now under consideration, and said for his part, whilst anxious the company should keep the most perfect good faith, it was clear they were not to rush blindly into a defective arrangement. He pointed out how in many ways the draft lease differed from what it was intended it should be and alleged the reasons which influenced him in saying; advisedly that it was quite competent even for the directors to reject such terms. … (continues) … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

Cape and Natal News: Monday 16th May 1864

Natal: The Natal (Point) Railway: On the 3rd February the half-yearly meeting of this institution took place. It is necessary, so as to prevent any exaggerated notion of the enterprise, to remind our readers abroad (remarks the Mercury) that this is a small line not quite three miles long, which connects the port establishment with the town. … … Some of the shareholders animadverted on the mechanical management on the line, and the main question was deferred to another meeting. The following resolutions were passed:  — Moved by Mr. Pinsent, “That the accounts, together with the auditors’ reports, be received, printed, and circulated, and that with respect to the issue of the £2,130 and £5,000 the directors be requested to prepare an estimate of the entire cost of the contemplated improvements, including wharfage extensions mentioned in their report, and call a special general meeting to lay their views before the shareholders.” … (continues) … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

Cape and Natal News: Wednesday 1st August 1860

Natal: … then D’Urban is having its sandy streets hardened: Clay and concrete is being laid down the principal thoroughfares and broken bricks layered thereupon. This forms a capital surface, hard, elastic, and tolerably durable. An expense of £2,000 will probably have to be incurred for the execution of this indispensable work. A proposal has lately been originated in D’Urban by Mr. Councillor Pinsent to make provision by endowment for the establishment of a high school, college, and public library at the port. Communications upon the subject have appeared in various papers, and one professional writer has given the project an encouraging fiat; the thing may therefore be regarded as being fairly before the public, and as most of our actions are characterised the zeal of youth, we shall no doubt ere long count a college amongst the number of our institutions. … … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

Cape and Natal News: Wednesday 2nd March 1859

Natal: …  The elections for the new Council were about to take place, and the following candidates were spoken of: Mr. Millar will be again invited for D’Urban, and will stand. Mr. Pinsent has offered himself. For the county, Mr. Kinghurst and Captain Proudfoot are spoken of. … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886

Patriot: Wednesday 8th October 1856

The Affairs of Natal: Bishop Colenso and the Colonists: Letters and papers just received from Port Natal, dated June 26, 1856, afford a rough notion of the state of things in that Colony. The natural advantages of the soil and climate are undeniable; all that is wanted, with the blessing of GOD, being, good government. Neither the policy of the chief Administration at the -eve, nor the proceedings of their Own, appear to give the Natal settlers much cause for satisfaction. … … long discussion of political and religious governance and ongoing disputes … … (includes) … One of the Reverend gentlemen imagined that he found an authority on vestry matters in the Nicene Creed, which he produced with amusing confidence; but a somewhat different feeling was roused, when the presiding Archdeacon refused to accept the votes of an but such as either were communicants or had signed a declaration of church-membership provided for the occasion. Mr. SAVERY PINSENT, as a Dissenting parishioner, admitted that this would be fair, provided that the clergy repudiated State-support; but the Venerable Chairman had received no commission to make such a pledge. Some Churchmen contended, that, if, as the Archdeacon ruled, no one was a Churchman who did not receive the Sacrament, as prescribed by the Rubric, at least three times a-year, then, pari ratione, no one was a clergyman who, contrary to the Canon, covered his consecrated calves with light-coloured stockings … … (continues at length) … … … … (also) …  … … This conflict between clergy and laity gave peculiar interest to the opening of the new Congregational Chapel at D’Urban, on the 8th of June. The whole cost of the erection was calculated at £659; and it was expected that, including the proceeds of the inaugural services, it would be free from debt. The site was furnished by Mr. PINSENT at half the market-value; and donations from England amounting to £160 were acknowledged, while £200 was raised by a bazaar on the spot. The opening sermons, tow of which were preached by pioneers of the American Mission, and the third by a Wesleyan minister, bore strongly upon the anti-Catholic spirit and semi-Popish ritualism which Bishop Colenso had introduced; and, although the attendance of Churchmen was very numerous, the speeches after tea were in the same strain. … 


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Referenced

GRO0798 Devonport: Savery Pinsent: 1815 – 1886