CO885(2-3) — Page 77

PUBLIC RECORD OFFICE

C.O.

Reference :-

• 885

2 PUBLIC RECORD OFFICE. LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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the attendance of one or more of those constituents

on a jury, on the same day, the rule of the Synod, being in virtue of power given by Act of Parliament, would prevail.

The framers of these Bills, particularly that of 1853, wished, of course, to obviate this; and they did so by a whole series of negative provisos, intended to confine the rule of the Synod to mere voluntary authority, but doing this very imperfectly. Lastly, in order to prevent innovation, they added another series of negative provisos, restricting the Synods from meddling with certain points in the constitution of the Church of England, and giving appeals to authorities at bome.

So that the Bill, taken altogether, presented these (to a lawyer) very inconsistent features: Synods established by or under Act of Parliament; the acts of these statutable Synods reduced (or attempted so to be) to mere voluntary proceedings; and finally, these voluntary proceedings made the subject of legal restrictions enforceable by legal appeal.

I think these Bills fundamentally erroneous in their construction, and that they would have intro- duced much confusion in the colonies. But they were open, in addition, to the great Parliamentary objection, that they had so many sides, and presented so many points for discussion, that it was next to impossible to pass them at all, or without the danger of amendments which would spoil so complicated a

fabric.

It seems to me, therefore, that the course hitherto taken should be avoided; but that the same object (viz., the legalising Synods without either giving them legal powers, or abolishing the legal union of

the Colonial and English Church), might be accom plished in a simpler way.

A Bill might be introduced in words somewhat similar to the following:

Whereas doubts are entertained whether, by reason of certain provisions of common and statute law (or simply," of the law of England"), the clergy or laity, or clergy and laity, of the Church of Eng- land in the Colonies are not prevented from meeting together, either collectively or by representatives, to

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take into consideration the affairs of the said Church, and make rules and regulations respecting the same: Be it declared and enacted, that nothing in any statute or any law now or heretofore in force within the realm of England, shall enure to prevent such clergy or laity, or clergy and laity, from so meet- ing together; Provided that no rule or regulation made by or at any such meeting shall have, by virtue

of this Act, any force of law (or, any other or greater force and effect than any rule made by the govern- ing authority of any other religious community); and further provided, that nothing herein contained shall interfere with any existing enactment of any Colonial Legislatures, or with the power of such Legislatures.

A second section should be introduced, giving the Crown power to assent, by Order in Council, to the Victoria Act, and also, I think, to any future law which may

be made by any Colonial Legislature regarding the premises.

If such an Act were passed, I think the liberty

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to meet in Synod, and to devise constitutions, would practically be conceded, and yet all danger of "esta- blishing the Church, or giving legal power, avoided. As soon as those Synods found the exist- ing principles of the law of England on supremacy, uniformity, &c., interfere with their opinions, we should hear of it, and, the first step taken, the Crown or Parliament would probably feel much less difficulty in enlarging their liberty. I may add, that

in one diocese (Adelaide, South Australia) the bishop seems to have satisfied himself that no legal danger was to be apprchended, and to have framed certain constitutions, which have been adopted by a "Diocesan Synod."

As to the election of bishops, it seems to me enough would be done for the present by the announcement of Her Majesty's Government, that as soon as Synods were constituted under the Act, they would follow the principle of recommending to the Crown persons designated by the choice of the Synod for that dignity. And I doubt whether this ought not to be confined to Canada, or at all events to North America and Australia: a Synod