19-20 Vict., Chap. 121.

An Act to enable Members of the United Church of England and Ireland in Canada to meet in Synod.

WE

Proclaimed, May 28th, 1857. HEREAS doubts exist whether the members of the United Church of England and Ireland in this Province have the power of regulating the affairs of their Church, in matters relating to discipline, and necessary to order and good government, and it is just that such doubts should be removed, in order that they may be permitted to exercise the same rights of self-government that are enjoyed by other religious communities: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: I. The Bishops, Clergy, and Laity, members of the United Church of England and Ireland in this Province, may meet in their several Dioceses, which are now, or may be hereafter constituted in this Province, and in such manner and by such proceedings as they shall adopt, frame constitutions and make regulations for enforcing discipline in the Church, for the appointment, deposition, deprivation, or removal, of any person bearing office therein, of whatever order or degree, any rights of the Crown to the contrary notwithstanding, and for the convenient and orderly management of the property, affairs, and interests of the Church in matters relating to and affecting only the said Church, and the officers and members thereof, and not in any manner interfering with the rights, privileges, or interests of other religious communities, or of any person or persons not being a member or members of the said United Church of England and Ireland; Provided always, that such constitutions and regulations shall apply only to the Diocese or Dioceses adopting the

same.

II. The Bishops, Clergy, and Laity, members of the United Church of England and Ireland in this Province, may meet in General Assembly within this Province, by such representatives as shall be determined and declared by them in their several Dioceses; and in such General Assembly frame a constitution and regulations for the general management and good government of the said Church in this Province: provided always, that nothing in this act contained shall authorize the imposition of any rate or tax upon any person or persons whomsoever, whether belonging to the said Church or not, or the infliction of any punishment, fine, or penalty upon any person, other than his suspension or removal from an office in the said Church, or exclusion from the meetings or proceedings of the Diocesan or general Synods; and provided also, that nothing in the said constitutions or regulations, or any of them, shall be contrary to any law or statute now or hereafter in force in this Province.

22 Vict., Ch. 139.

An Act to explain and amend the Act, intituled 'An Act to enable the Members of the United Church of England and Ireland in Canada to meet in Synod.'

W

Assented to August 16th, 1858.

HEREAS doubts exist whether in the Act passed in the Session held in the nineteenth and twentieth years of Her Majesty's Reign, intituled, “An Act to enable the Members of the United Church of England and Ireland in Canada, to meet in Synod," sufficient provision is made for the representation of the Laity of the United Church of England and Ireland in the Synods by the said Act authorized to be held, and it is expedient that such doubts should be removed: Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. For all the purposes of the aforesaid Act, the Laity shall meet by representation; and until it shall be otherwise determined by the Synod in each Diocese, one or more delegates (not exceeding three in any case,) may be elected at the annual Easter meetings in each parish, mission or cure within the Diocese, or in cases where there may be more than one congregration in any parish, mission, or cure, then in each such congregation, or at meetings to be specially called for the purpose by each Clergyman having a separate cure of souls; and all laymen within such parish, mission, or cure, or belonging to such congregation of the full age of twenty-one years, who shall declare themselves, in writing at such meetings, to be members of the United Church of England and Ireland, and to belong to no other religious denomination, shall have the right of voting at such election. Each delegate shall receive from the Chairman of the meeting a certificate of his election, which he shall produce when called upon so to do, at the Synod; and the first meeting of such Synod shall be called by the Bishop of the Diocese at such time and place as he shall think fit; Provided always, that no business shall be transacted by the Synod of any Diocese unless at least one-fourth of the Clergy of such Diocese shall be present, and at least one fourth of the Congregrations within the same be represented by at least one delegate.

II. All proceedings heretofore had in any Diocose under the aforesaid Act, which have been conformable to the provisions of this Act, shall be held to be valid, as if the same had taken place after the passing of this Act.

ADDRESS

DELIVERED AT A

MEETING OF CLERGY AND LAY-DELEGATES

ASSEMBLED UNDER THE PROVISIONS OF THE FOREGOING ACTS OF THE LEGISLATURE.

MONTREAL, JUNE 7TH, 1859.

REV. BRETHREN AND BRETHREN OF THE LAITY,

We are met on an important and interesting occasion-one that has brought together a large proportion of the Clergy, so large, indeed, that there are but two Clergymen of the Diocese, now in Canada, who are not here this day, and nearly every Church is represented by one or more Lay Delegates. It will be recollected that this is not the first occasion of our meeting together to take into consideration the subject now before us. After two other previous meetings, we met, in 1856, in large numbers, and had a long and able debate on the advisability of forming ourselves into a Diocesan Synod. But there were scruples entertained by certain members, who believed that we could not then legally proceed to do so. After a debate, however, a large majority decided that it would be desirable to form ourselves into a Synod, to assist in the administration of the Diocese, and in carrying on the work of the Church. I was not anxious to press the matter then, as many felt the scruples to which I have alluded, and as I have always been aware that it was desirable for a Bishop that he should preside over a united people,—as St. Jerome says in one of his Epistles, Episcopus præest volentibus non nolentibus. I would not, therefore, press against the earnest and conscientious scruples of many who thought

Q

we were not in a position to act in a legal manner. But, whatever doubts were then expressed, none can now remain; for an Act of the Legislature, which has been sanctioned by the Imperial Government, has been passed, with the express purpose of removing these doubts; and the preamble of the bill shows that this was the intended effect of it; for it states that, whereas doubts do exist on this subject, it is proper that they should be done away with; and there is a subsequent Act giving us still larger powers in the same direction. Our previous meetings, however, were not, I think, thrown away. None who were then present can regret that we met, and that the subject was discussed so fully in a debate, which reflected credit on all who took part in it, and which caused respect to be felt for the Church to which we belong. You will, perhaps, now excuse me, if I occupy a little of your time in some explanation respecting the institution and meaning of a Diocesan Synod, and respecting the true position of a Bishop in his Diocese. I will not trouble you with too minute details; but will first refer to the scriptural character of the power of the Bishops, such as Timothy and Titus, who were placed by the Apostles over the Churches "to set in order the things that were wanting," and provide a suitable organization at the commencement, and, before any other means were provided, for the collecting together the members and the organizing of the body. On this head I will read a short extract from Bishop Hall, one of those Prelates who, in our Church, stands among the highest for piety and learning. In his book, which is a standard work on this subject, he defines Episcopacy

thus:

"An eminent order of sacred function, appointed by the Holy Ghost, in the Evangelical Church, for the governing and exercising thereof, and for that purpose, besides the administration of the word and the sacraments, endued with power of imposition of hands and perpetuity of jurisdiction." And then he goes on to say, "it is acknowledged by the Presbyterians that there is a certain polity necessary for the retention of the Church's peace. That the pastors should meet together in classes and Synods. That in Synods thus assembled, there must be due order kept; that order cannot be kept where there is an absolute equality of all persons concerned; that it is, therefore, necessary that there should be

a head, president, or governor of the assembly, who, when the business is ended, returns to his own place without any personal inequality. They can be content there should be a prime Presbyter: and that he shall moderate, for the time, the public affairs of the Church, but without all innate and fixed superiority, without all (though never so moderate) jurisdiction. The Bishop, whom we contend for, is ordained a perpetual moderator in Church affairs in a fixed imparity; exercising spiritual jurisdiction out of his own peculiarly demandated authority. Our labour, thereupon, must be to make good these points; and to evince that imparity, in the governors of the Church, and the power of Episcopal juris. diction, are not of any less than Apostolical and Divine institution."

These propositions he goes on to prove and explain in detail. And this form of Church Government by Episcopacy is not only of divine orgin, but was in its character from the first Diocesana form which preceded any other gathering together of the Church in Provinces; and every Diocese was complete in itself, for carrying on the work of the Church.

Barrow, in his great work on the Supremacy of the Pope, takes up this argument of the independence of Diocesan Episcopacy in order to urge it against the usurpations of the Pope. He saysand his work is the standard on this subject, which never has been answered by our opponents and probably never will be,

"At first each church was settled apart under its own Bishop and Presbyters; so as independently and separately to manage its own concerns; each was governed by its own head, and had its own laws. Every Bishop as a Prince in his own Church, did act freely, according to his will and discretion, with the advice of an Ecclesiastical Senate, and with the consent of his people, [the which he did use to consult] without being controllable by any other, or accountable to any, further than his obligation to uphold the verity of Christian profession, and to maintain fraternal communion in charity and peace with the neighbouring Churches, did require."

That was the position in which the original Bishops were placed in their Dioceses. They were there to rule and govern them, and carry on the work of the Church within them. As necessity required they called in the assistance of the Presbyters and people