^. 
 
 
 ^ 
 
 .0^"^:^^' 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 5« 
 
 A4v 
 
 
 1.0 
 
 1.1 
 
 u 124 
 
 III 
 
 ■u 
 u 
 
 14.0 
 
 125 
 
 2.0 
 
 M 
 
 
 '25 BU. ||.6 
 
 ^^B llll^^ HrIS^ 
 
 
 ^ 
 
 ■ 6" 
 
 ► 
 
 ^ 
 
 
 ^/ 
 
 7 
 
 Sciences 
 CorporatiQn 
 
 
 as WKT MAM STHRT 
 
 WnSraR,N.Y. 14SM 
 (71*)t73-4S03 
 
 ^ 
 
CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHIVI/ICIVIH 
 Collection de 
 microfiches. 
 
 Canadian Instituta for Historical IMicroraproductions / Institut Canadian da microraproductions liistoriquaa 
 
Technical and Bibliosraphic Notas/Notaa tachniquas at bibliographiquaa 
 
 Tha Instituta has attamptad to obtain tha bast 
 originai copy avaiiabia for filming. Faaturas of this 
 copy which may ba bibliographically uniqua, 
 which may altar any of tha imagas in tha 
 raproduction, or which may significantly changa 
 tha usual mathod of filming, ara chackad baiow. 
 
 SColourad covars/ 
 Couvartura da coulaur 
 
 I I Covars damagad/ 
 
 D 
 
 D 
 D 
 D 
 D 
 D 
 
 n 
 
 Couvartura andommagte 
 
 Covars rastorad and/or laminatad/ 
 Couvartura rastaur^a at/ou pallicuMa 
 
 I — I Covar title missing/ 
 
 D 
 
 La titre de couverture manque 
 
 Coloured maps/ 
 
 Cartes gtegraphiquas en couleur 
 
 Coloured inic (i.e. other than blue or blacic)/ 
 Encre de couleur (i.e. autre que bleue ou noire) 
 
 Coloured plates and/or illustrations/ 
 Planches et/ou illustrations an coulaur 
 
 Bound with other material/ 
 RaliA avac d'autras documents 
 
 Tight binding may causa shadows or distortion 
 along interior margin/ 
 
 La re liure serr^e peut causer de I'ombre ou de la 
 distortion la long da la marge intirieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omitted from filming/ 
 11 se peut que certainas pages blanches ajouttes 
 lors d'une restauration apparaissent dans la texte, 
 mala, lorsque cela Atait possible, ces pagea n'ont 
 pas 4tA filmtes. 
 
 Additional commanta:/ 
 Commentaires supplAmantairas: 
 
 L'Institut a microfilm* la meilleur exemplaira 
 qu'il lui a At* possible de se procurer. Les details 
 de cet exemplaira qui sont paut-ttre uniquea du 
 point da vue bibliographique, qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger une 
 modification dana la mAthoda normala de filmaga 
 sont indiquAs ci-dessous. 
 
 I I Coloured pages/ 
 
 D 
 
 Pagea da couleur 
 
 Pages damaged/ 
 Pages endommagtes 
 
 □ Pages restored and/or laminated/ 
 Pages restaurias at/ou paliicuitea 
 
 ryi Pages discoloured, stained or foxed/ 
 ULJ Pagea dAcolortes, tachattes ou piqu« 
 
 Pagea dAcolortes, tachattes ou piqutes 
 
 Pages 
 
 Pages dAtachtes 
 
 Showthroughy 
 Tranaparance 
 
 Quality of prir 
 
 Quality inAgala de I'impression 
 
 Includes supplementary materii 
 Comprend du materiel auppMmantaire 
 
 Only edition available/ 
 Seule M!tion diaponibia 
 
 I I Pages detached/ 
 
 rri Showthrough/ 
 
 r~| Quality of print varies/ 
 
 I I Includes supplementary material/ 
 
 I — I Only edition available/ 
 
 Pages wholly or partially obacurad by errata 
 slips, tissues, etc., have been ref limed to 
 ensure the best possible image/ 
 Les pagea totalement ou partiaiiement 
 obacurciaa par un fauillet d'errata, une pelure, 
 etc., ont M fiimAea A nouveau da fap on A 
 obtanir la meilleure image possible. 
 
 Th4 
 tot 
 
 Thi 
 poi 
 oft 
 filn 
 
 Ori 
 bef 
 the 
 sloi 
 oth 
 firs 
 sioi 
 ori 
 
 Th« 
 sha 
 TIN 
 whi 
 
 Mai 
 
 diff 
 
 anti 
 
 bail 
 
 rig 
 
 req 
 
 me 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est filmA au taux de reduction indiquA ci-deaaoua. 
 
 10X 14X 18X 22X 
 
 26X 
 
 30X 
 
 ^ 
 
 12X 
 
 16X 
 
 20X 
 
 24X 
 
 28X 
 
 32X 
 
tails 
 du 
 lodifiar 
 ' una 
 maga 
 
 »s 
 
 Tha copy fllmad hara has baan raproduoad t: tanks 
 to tha ganarosity of: 
 
 Library of tha Public 
 Archivas of Canada 
 
 Tha imagas appaaring hara ara tha bast quality 
 possibia considaring tha condition and lagibility 
 of tha original copy and in Icaaping with tha 
 filming contract spacifications. 
 
 Original copias in printad papar covars ara fllmad 
 baglnning with tha front eovar and anding on 
 tha last paga with a printad or iiluatratad impras- 
 sion, or tha back covar whan appropriata. All 
 othar original copiaa ara fllmad baglnning on tha 
 first paga with a printad or iiluatratad impraa- 
 sion, and anding on tha laat paga with a printad 
 or iiluatratad impraaslon. 
 
 Tha last racordad frama on aach microficha 
 ahall contain tha symbol — ► (moaning "CON- 
 TINUED"), or tha aymbol y (moaning "END"), 
 whichavar appliaa. 
 
 L'axamplaira film* f ut raproduit grica A la 
 gAniroait* da: 
 
 La bibiiothiqua das Archivas 
 pubiiquas du Canada 
 
 Las imagas suivantaa ont *t* raproduitas avac la 
 plus grand soin, compta tanu da la condition at 
 da la nattatA da l'axamplaira film*, at an 
 conformit* avac las conditions du contrat da 
 filmaga. 
 
 Las axamplairas originaux dont la couvartura an 
 papiar ast imprimis sont fiimAs an commandant 
 par la pramiar plat at an tarminant soit par la 
 darnlAra paga qui comporta una amprainta 
 d'imprassion ou d'illustration, soit par la second 
 plat, salon la cas. Tous las autras axamplairas 
 originaux sont filmte an commandant par la 
 pramiira paga qui comporta una amprainta 
 dMmprassion ou d'illustration at an tarminant par 
 la darnlAra paga qui comporta una talla 
 amprainta. 
 
 Un daa symboias suivants apparattra sur la 
 darnlAra imaga da chaqua microficha, salon la 
 cas: la symbols — ► signifia "A SUiVRE", la 
 symbols ▼ signifia "FIN". 
 
 IMaps, platas, charta, ate, may ba fllmad at 
 diffarant raduction ratios. Thosa too larga to ba 
 antiraly Includad in ona axposura ara fllmad 
 baglnning In tha uppar laft hand cornar, laft to 
 righf and top to bottom, aa many framas aa 
 raquirad. Tha following diagrama iilustrata tha 
 mathod: 
 
 Las cartas, planchas, tablaaux, ate, pauvant Atra 
 filmte A das taux da rMuction diff Arants. 
 Lorsqua la documant ast trop grand pour Atra 
 raproduit an un saul clichA, 11 ast film* A partir 
 da i'angia supAriaur gaucha, da gaucha A droita, 
 at da haut an has, an pranant la nombra 
 d'imagas nAcassaira. Las diagrammas suivants 
 lllustrant la mAthoda. 
 
 errata 
 J to 
 
 8 palura, 
 ion A 
 
 U 
 
 1 2 3 
 
 32X 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
:^:, 
 
 ^> 
 
 ^• 
 
 :SS^^ 
 
 A LETTER 
 
 ro Tnu 
 
 BISHOPS, CLERGY, AND LAITY 
 
 
 4 
 
 OF TDK 
 
 UNITED CHURCH OF ENGLAND AND 
 
 IRELAND IN THE PROVINCE 
 
 OF CANADA. 
 
 JTKOM 
 
 FRANCIS FULFORD, D.D., 
 
 LORD BISHOP OF MONTREAL, AND METROPOLITAN. 
 
 Montreal : 
 
 PRINTED BY JOHN LOVELL, ST, NICHOLAS STREET 
 
 © 1804 ^) 
 
'\:^^X0r'-'''' '^^^'■'-'^''t 
 
 
 
 % 
 
 
 
 
 
 
 
 
 ^^S 
 
 
 
 im.,,^j— «. -1*. .^.^ — ^..-11.. 
 

 
 ¥i 
 
 c , 
 
 A LETTER 
 
 TO TBI 
 
 . BISHOPS, CLERGY, AND LAITY 
 
 OV TBI 
 
 UNITED CHURCH OF ENGLAND AND 
 
 IRELAND IN THE PROVINCE 
 
 OF CANADA, 
 
 FBOM 
 
 FEANCIS FULFOED, D.D., 
 
 LOBD BISHOP OF HONTBltAL, AND MBTBOFOLITAN. 
 
 PRINTBD B7 JOHN LOVBLL, ST. NICHOLAS STREET. 
 
 1864. 
 
LETTER. 
 
 To the BUhopSy Clergy^ and Laity of the United Church of 
 England and Ireland in the Province of Canada. 
 
 RiQHT Rbv. and Riv. Bbbtbbin, ahd Bbitbbm or THK Laitt: 
 
 You are, I have no doubt, all of you well aware of the discus- 
 sions which have arisen respecting the Patents issued by the 
 Queen for the appointment of a Metropolitan for this Province ; 
 which question has recently attracted increased interest in conse> 
 quence of certain proceedings which have taken place in connection 
 with the Diocese of Gape Town and the Province of South Africa. 
 In the early part of this year I received from His Excellency 
 Viscount Monck a copy of a despatch from His Grace the Duke of 
 Newcastle to the following effect: 
 
 DowHiNO Stbiit, loth Feb., 1864. 
 
 Mt Lord,— >A correspondence, which arose out of the recent c 3 of 
 Long V. the Bishop of Gape Town, has led me to submit for the opini m 
 of the Law officers of the Orown the question whether any, and if so 
 what metropolitan pre-eminence or jurisdiction was conveyed by the 
 Letters-Patent beailng date the 12th February, 1862, which constituted 
 the Bishop of Montreal Metropolitan Bishop in the Province of Canada. 
 The following is the answer which I have received : 
 "We tliink that it was competent to the Orown to constitute his 
 " Lordship a Metropolitan, and thereby to give him pre-eminence and 
 "precedence over his Suffiragans: but that as to the coercive juris- 
 " diction which the Metropolitan may exercise, and the manner in 
 " which it is to be exercised,, these are matters wUch must be settled by 
 (< the Bishops, Olergy, and Laity of the Ohurch, in a Qeneral Assembly^ 
 " of the Province, according to the provision of the local act of the 
 " Oanadian Legislature, lath and 2ath Victoria, cap. 12L" 
 
Ton will be good enongh to oommnnioate a copy of this opinion to 
 the Bishop of Montreal, adding that it will be for his Lordship, in con- 
 cert with the other authorities of the Canadian Church, to determine for 
 themselves whether they would prefer to apply for fresh and amended 
 Letters-Patent, or to allow the existing instrument to remain in force, 
 with the knowledge that so far aa it assumes to inyest the Hetroplitan 
 with coeroiye jurisdiction, it is of no effect. 
 
 I have, Ac, 
 
 (Signed) 
 
 NEWCASTLE. 
 
 I forwarded copies of this despatch to the other Bishops of the 
 Province) thinking it probable that they would consider it right to 
 lay it before their Diocesan Synods, at their next meeting ; at the 
 same time informing their Lordships that I had stated, in my 
 reply to His Grace, that I should not be able to let him know 
 whether it would be the wish of the Oanadian Church " to apply for 
 fresh and amended Letters-Patent," until there had been an oppor- 
 tunity to bring the matter before a meeting of the Provincial 
 Synod, which would not ordinarily take place until September, 
 1865. But in the mean time, I believed, it was well understood 
 that, by an amendment introduced into the Letters-Patent, as 
 issued on the 12th February, 1862, the authority and jurisdiction 
 of the Metropolitan were expressly " made subject to the Rules, 
 Regulations, and Canons that the Qeneral Assembly may from time 
 to time make in respect thereof." 
 
 There was also about the same time, forwarded by His Grace's 
 desire to all the Bishops of the Province, an extract from a de- 
 spatch of the Duke of Newcastle to the Governor of the Cape of 
 Good Hope, " containing the opinions of the Law Advisers of the 
 Crown, on certain questions of much importance to the members 
 of the Anglican Communion in the Colonies." 
 
 A few weeks since I received a letter from the Bishop of Huron, 
 dated London, C. W., Jane 17, 1864, in which his Lordship 
 wrote as follows : 
 
 " On the receipt of the extract of a despatch from the Duke of New- 
 castle to the Governor of tiie Cape of Good Hope, forwarded to me by 
 £18 Excellency the Governor Generfd, and of the despatch forwarded by 
 
yoar Lordship, I felt embarrassed and unable to come to a oonclnsion 
 concerning tlie position of the Oburoh in this Oolony, and also concern- 
 ing the proceedings which have talcen place in the Provincial Synods, 
 and whether these proceedings were legal and valid, and binding on 
 those who took part in them. In order to satisfy my own mind for the 
 guidance of the Synod of my diocese, I submitted all the documents 
 together with the Synod law, the Royal Patent, &c., to A. Orooks, Esq., 
 Q.O., and Edward Blake, Esq., of Toronto, and requested them to furnish 
 an opinion as to the validity or invalidity of our proceedings heretofore, 
 and to advise as to how it would be necessary for us to proceed in time 
 to come, if we desired to have a General Assembly under the Synod law. 
 
 << These gentlemen f^irnished me with the opinion, a printed copy of 
 which I enclose. From this it is evident that all the labour and expense 
 incurred by the Provincial Synods which have taken place, have been in 
 vain, and that it is now necessary to begin de novo. 
 
 " My Synod meets on Tuesday, when all these matters will come before 
 it." 
 
 The legal opinion referred to by the Bishop, was to the follow- 
 ing effect : 
 
 Legal Opinion with Reference to the General Assembly, 
 or Provincial Synod. 
 
 We have considered the papers and statements laid before us by the 
 Bishop of Huron, from which it appears, amongst other things, that the 
 Bishop of Montreal, as Metropolitan, and by virtue of Her Majesty's 
 Patent in that behalf, convoked and presided over the meetings of the 
 Provincial Synods, or General Assemblies, which have taken place in 
 Canada, and that the action of the Assembly, and of the several Dioceses 
 which participated therein, proceeded upon the assumption that this 
 Patent was legal and valid, and that this assumption materially influ- 
 enced the action of the Diocese of Huron in the matter. 
 
 It appears, also, that under judicial decisions arrived at, and legal 
 opinions taken subsequently to the last meeting of the Assembly, the 
 Patent is invalid and illegal in all its material parts, including that which 
 assumes to give the Bishop of Montreal, aa Metropolitan, power to con- 
 voke and preside over the Assembly. 
 
 We are of opinion as follows : 
 l..«.The Meetings and organization of the Assembly were not, nor are 
 
 they, under the circumstances, legal or binding on any Diocese. 
 2.«-In order to the proper and legal organization of the General Assem- 
 bly, it is necessary that all the Dioceses in Canada should concur in. 
 a new organization thereof. 
 
6 
 
 3.<— The refusal of any one Dlooeie to concur in the organization of the 
 General Asaenibly, would render it impossible to effect such an orga- 
 nization under the Provincial^ Act, though, of course, a voluntary 
 Association, independently of the Act, may be formed, by the member! 
 of any one or more of the Dioceses. 
 
 Toronto, April 19, 1864. 
 
 ADAM CROOKS, 
 EDWARD BLAKB. 
 
 In reply to the Bishop, I stated that " I should not attempt to 
 give any judgment of my own as to the value of the opinion he 
 had sent mo. There evidently had been much confusion and 
 misapprehension, in relation to matters connected with the 
 Colonial Church, which the Imperial authorities were now anxious 
 to have set right. That, before the time arrived for the next 
 meeting of the Provincial Synod, I trusted we should have '>me 
 clear understanding of the course we ought to pursue ; and i was 
 sure that no one could bo more anxious than I was to have these 
 questions settled, whatever might be the decision arrrivcd at." 
 
 Whatever might have been the authority attached to the above 
 legal opinion for its own sake, in the judgment of the members of 
 the Church throughout the Province at large, yet as I heard a 
 few days after, that a vote had been taken at the Synod of the 
 Diocese of Huron, based upon it, and that a memorial had been 
 forwarded by the Synod to the Queen, asking for the withdrawal of 
 the Letters-Patent altogether, I thought it my duty to place the 
 whole case, with all the documents relating thereto, and the opin- 
 ion of Messrs. Crooks & Blake, before Straohan Bethune, Esq., 
 Q.C., my Chancellor; and I give below the answer I received 
 from him : 
 
 MoHTUAi, 28th Jane, 1864. 
 
 Mt Lord,— After full consideration of the " legal opinion " of Adam 
 Orooks,Esq.,Q.G.,and Edward Blake,Esq., "with reference to the Gene- 
 "ral Assembly or Provincial Synod," submitted by your Lordship, and 
 the letter of His Lordship the Bishop of Huron accompanying the same, 
 I have to report, that whatever objection may legally exist to the exer- 
 else by the Metropolitan of coercive jurisdiction, under the Letters- 
 Patent of the 12th of February, 1862, the Orown hod an undoubted 
 
right, in my opinion, to eonatitnte yonr Lordship a MetropolitM, and 
 thereby give you pre*«minence and precedence over your suftagans. 
 In the "legal opinion ** above referred to it if stated "that under 
 "jadicial deciiioni arrived at and legal opinions talcen subsequently 
 " to the last meeting of the Assembly, the Patent is invalid and illegal 
 " in all its material parts, including that which assumes to give the 
 " Bishop of Montreal, as Metropolitan, power to convoke and preside 
 " over the Assembly." From the Bishop of Huron's letter I must infer 
 that these decisions and opinions are those alluded to in the despatches 
 of His Qrace the Duke of Newcastle of the 4th and 10th of February, 
 1864. 
 
 In the first of these despatchco it is stated that the Letters-Patent, in 
 the case of the Oolony of the Oape of Qood Hope were invalid in so far 
 only as they purported to convey to the Bishop any power of coerciv 
 jurUdiction, irrespeetively of the sanction of the local legislature ; and 
 in the second of these despatches it is distinctly stated, that it waS 
 competent to the Grown to constitute your Lordship a Metropolitan, 
 with power of pre-eminence and precedence. It being once conceded 
 that the Letters-Patent legally conferred upon yonr Lordship the title 
 and rank of Metropolitan, I apprehend there can be no difficulty in con- 
 cluding that you had a perfectly legal right to convoke and preside 
 over the Assembly. 
 
 It is to be borne in mind, also, that the first Letters-Patent (to which 
 those in question here are an amendment) were granted, at the express 
 request (by Petition) of the Dioceaes of Quebec, Toronto, and Montreal, 
 "so that the necessary powers might be vested in the Metropolitan 
 "for holding and presiding over the said General Assembly of the 
 Church;" and although the Diocese of Huron abstained from join- 
 ing in the application, yet that Diocese, ia the most unequivocal 
 manner, subsequently acquiesced therein, by electing delegates who, 
 with their Bishop, attended and took part in the proceedings of the 
 Synods held under the two Patents. In the course of the proceedings 
 at the first of these Synods, the Lord Bishop of Huron joined in a 
 solemn declaration with his brother Bishops, in which it is affirmed that 
 the Synod was assembled " ander Royal and constitutional authority," 
 and in which also expression of most humble and hearty thanks is 
 given to Almighty God " that it has pleased him in His Providence to 
 "set over us a Metropolitan." And in the "Constitution of the Pro- 
 " vincial Synod," as adopted by both houses at such first Synod, under 
 the authority of the Provincial Jlct, it is expressly enacted, that the 
 Metropolitan shall have power in his discretion to convene the Synod 
 whenever he thinks £t, and that he "shall be the President of the 
 *^pper House." 
 
8 
 
 It is conceded by Messrs. Crooks ft Blake, that the General Assembly 
 could be legally organized by the mere cononrrence of all the Dioceses 
 in Canada. Now whatever doubt may be entertained as to the strict 
 right of the Metropolitan to convoke and preside over the first Assem- 
 bly, it is certain that the organization, such as it was, was effected with 
 the concurrence of all the Dioceses, and was subsequently confirmed by 
 a second Synod, at which all the Dioceses were represented, and in which 
 they all concurred. It surely cannot be seriously contended, that the 
 mere participation of the Metropolitan in the organization thus effected 
 and concurred in, has so vitiated the whole proceedings that they are 
 to be considered as illegal, and in no way binding on any of the Dioceses. 
 The Dioceses, whether legally summoned or not in the first instance, 
 chose to meet, as they had an undoubted right to do, under the Act, and 
 at such meeting th^y not only assented to the Metropolitan assuming to 
 convoke and preside over the Assembly, but they enacted, as a part of 
 the Constitution, which the Legislature gave them express power to 
 make, that in future the Metropolitan should have power to summon 
 them in his discretion, and should be the President of the Upper House. 
 It was in the exercise of this discretion, and under the authority of the 
 Constitution thus made, that the Metropolitan convoked and presided 
 over the second Synod, at which the Constitution was unanimously 
 confirmed. 
 
 Viewing the whole matter therefore under either aspect (that of strict 
 legal right to convoke and preside in the first instance, or the contrary,) 
 I am clearly of opinion that the organization of the Provincial Synod, 
 as a legally constituted body under our Provincial Act, is unassailable. 
 
 I have the honour to be, 
 
 My Lord, 
 
 Very faithfully, 
 
 Your most obedt. servant, 
 
 STRACHAN BETHUNE, Q.C. 
 
 Convinced as I might be myself by the able document drawn up 
 by my Chancellor, yet I felt sure that it would be a great satisfac- 
 tion to the members of the Church in general, and assist most mate- 
 rially in at onoe putting an end to any doubts on this subject, if 
 I could also obtain the opinion of the learned Chancellor of the 
 Bishop of Toronto. I therefore immediately forwarded all the 
 doenments to the Hon. J. H. Cameron, Q. 0., M.P.P., and I 
 have now received firom him the following foil and eomplete 
 reply: 
 
9 
 
 ,^<»»» 
 
 18th Jal7, 1864. 
 
 Mt Lobd,— I am in receipt of your letter requesting my opinion on 
 certain points which have been mooted on the validity of the Letters- 
 Patent appointing you Metropolitan, particularly in reference to the 
 power of calling and presiding over the Provincial Synods, and the 
 e£fect of the proceedings had by that body, at the sessions which have 
 already been held : as those proceedings have been called in question at 
 the last meeting of the Diocesan Synod of Huron, and the bishop of that 
 diocese has pronounced them to have been " in vain." 
 
 In order to place the whole matter fully before your lordship, and to 
 state clearly the grounds for the conclusions at which I have arrived, I 
 consider it necessary to make a short resume of the history of the pro- 
 ceedings of the Diocesan and Provincial Synods, and the steps that have 
 been taken from time to time, both before and since your appointment 
 as Metropolitan. 
 
 A very short time elapsed, after the passing of the Synod Act by our 
 Provincial Legislature, before the various Diocesan Synods were orga- 
 nized ; and all of those Synods, with the exception of the Synod of Huron, 
 petitioned Her Majesty to appoint a Metropolitan Bishop in Canada, 
 " who might hold and preside over the General Assemblies of the Church 
 in the Province." In accordance with the prayer of these petitions, the 
 first Letters-Patent were issued to your lordship; but they went far 
 beyond the prayer of the petitioners, and professed to confer powers 
 and authorities upon you as Metropolitan, which were of a character 
 which could not be enforced by law in Canada, and were liable to con- 
 flict with the powers of the Provincial Synod, which could alone confer 
 coercive jurisdiction within the limits which the Synod Act prescribes. 
 At the first Provincial Synod, which was attended by delegates from all 
 the Diocesan Synods, these Letters-Patent were submitted by you, with 
 a draft of new letters, which had been sent out from England, where 
 doubts had arisen as to the validity of the first letters, in order that the 
 views of the Canadian Church authorities might be expressed upon their 
 various clauses ; and after receiving the most careful consideration of 
 the Synod, an amended draft was agreed to by both houses, which was 
 accepted by the law ofScers of the Crown in England, and on which 
 the Letters-Patent, which you at present hold, were based. These new 
 letters, which are in fact the only letters we can look at now, by an 
 express provision, make all the " powers and authorities " conferred by 
 them on the Metropolitan, subject to the '* rules, regulations, and canons " 
 of the Provincial Synod under the Act of the Canadian Legislature, and 
 do not profess to confer any authority or jurisdiction, except in subor- 
 dination to the Provincial Synod. 
 
 When you oonveaed the first FrOTinoial Synod, all the Diocesan 
 
10 
 
 Synods elected, and sent representatives to it. Ton presided at the 
 opening of the proceedings, and until so much of the Constitution was 
 submitted as created separate houses. The Synod passed an address 
 to Her Majesty, thanking her for the appointment of a Metropolitan, and 
 unanimously adopted a form of declaration, which commenced as fol- 
 lows : " We, the Bishops of the United Church of England and Ireland, 
 within the Province of Canada, together with the delegates from the 
 clergy and laity qf the Diocesan Synods, now assembled in the first Pro- 
 vincial Synod under Royal and constitutional authority, and intending 
 under God's blessing and guidance to consider and determine upon 
 such matters as shall appear necessary for the welfare of the Church in 
 this Province, desire to express our most humble and hearty thanks to 
 Almighty God, that it has pleased him in his Providence, to set over us 
 a Metropolitan, and thus to enable us, as in the ancient days, to assemble 
 in one body, under the direction of His holy Spirit, whose aid we now 
 invoke, in the name of His only begotten Son, for the consolidation and 
 advancement of his kingdom in this Province." At this first Synod a 
 Constitution was adopted, which provides for the convening of the 
 Synod by the Metropolitan, makes him the President of the House of 
 Bishops, and in various other ways recognizes his ofSce and appoint- 
 ment. After the new Letters Patent reached you, you called the second 
 Provincial Synod, which was attended by delegates from all the Dioce- 
 san Synods, and at which an address was unanimously adopted, thank- 
 ing Her Majesty " for her gracious compliance with the memorial for- 
 warded from the Provincial Synod at its first meeting," In relation to 
 the amended Letters-Patent, appointing a Metropolitan. A canon was 
 passed constituting a court of appeal from any Diocesan court to be 
 presided over by the Metropolitan. A committee was struck to con- 
 sider the question of the succession to the Metropolitan see, of which the 
 Bishop of Huron was a member, and which he and one of his clerical 
 delegates attended ; and various other acts were done and resolutions 
 adopted, all recognizing your appointment and ofiBce, the validity of 
 which was never questioned by any motion or proceeding at either the 
 first or second Provincial Synod. 
 
 After this brief synopsis of our Synodical and other proceedings, I 
 now have to consider and advise your lordship on the following points : 
 
 1st. Had the Crown power to appoint a Metropolitan 7 
 
 2nd. If the Crown bad that power, were the Letters-Patent vitiated 
 
 or made null by the provisions granting power to the Metropolitan, which 
 
 could not be enforced 7 
 3rd. Had the Metropolitan, either by virtue of the Letters-Patent or 
 
 otherwise, power to convene the first meeting of the Provincial Synod? 
 
11 
 
 4th. If the MetropolitAn could not convene the Synod, was the first 
 Synod, and the acta n ; ted thereat, legal under iL-^ Synod law ? 
 
 5th. Were the pr^ ■din5ts at the second Provincial Synod legal 
 under the Synod lav ? 
 
 Upon the first point, I continue of the opinion, which I expressed at 
 the first Provincial Synod, that the Grown, as the fountain of honour and 
 dignity, had the right to appoint a Metropolitan, give him pre-eminence 
 over the other Oanadian Bishops, and confer corporate powers upon 
 him, notwithstanding our Synod Act : at any rate until the members of 
 the Ghurch themselves exercised the powers vested in them by the 
 Synod Act. 
 
 Upon the second point, I am of opinion that the provisions in the 
 Letters-Patent, which are ultra vires, do not affect those privileges in 
 the Letters which the Grown had the right to confer. 
 
 The third and fourth points may be considered together. I think that 
 the Letters-Patent did not confer any right on the Metropolitan to con- 
 vene the first Provincial Synod, although they professed so to do; but 
 having reviewed the appointment, I am of opinion that the Metropolitan 
 might properly call together the delegates from the different dioceses, 
 and that when they did assemble in pursuance of that call, they formed 
 a properly constituted Synod, whether they were legally convened or 
 not, as by common consent they proceeded to business, and no objection 
 wss made either to the manner, time or place, of their assembly, and 
 their acts are binding on the members of the Ghurch in the several 
 dioceses under the Synod law. 
 
 On the fifth point, I have no doubt that the proceedings of the second 
 Provincial Synod are legal. 
 
 Tour Lordship will bear in mind, that the validity of your appoint- 
 ment as Metropolitan, and the legality of the proceedings of the Provin- 
 cial Synod have been questioned only by the Synod and Bishop of one 
 diocese ; and I shall briefiy examine how far they are in a position to 
 make any objection either to the appointment or the proceedings. 
 
 It is true that Hhe Synod of Huron did not petition for the appoint- 
 ment of a Metropolitan ; but it is equally true that they elected and sent 
 delegates to the first Provincial Synod, that the Bishop of Huron took 
 his seat in the house of Bishops, that they all took part in the whole of 
 the proceedings, that they assented to the address to the Queen for the 
 amended Letters-Patent, that they concurred in the Declaration and Gon- 
 etitution. It is also true that they attended the second Provincial 
 Synod, agreed in the address of thanks to the Queen for the amended 
 Letters-Patent, that they joined in passing a canon for the Gonrt'of 
 Appeal, that they assisted in the motion for the committee on the suc- 
 cession to the Metropolitan see, and that their Bishop, and one of their 
 
12 
 
 clerical delegates attended that committee. Sorely no stronger evi- 
 dence coald be adduced of their participation in and assent to all these 
 proceedings, which their Bishop now pronounces all " in vain :" and the 
 Bishop and other members of the Ohurch within that diocese do cer- 
 tainly, in reference to these proceedings, come within that part of the 
 judgment of the judicial committee in Long and the Bishop of Cape 
 Toum, which has decided that, " The Ohurch of England, ia places 
 where there is no church established by law, is in the same situation 
 with any other religious body, in no better, bnt in no worse position ; 
 and the members may adopt, as the members of any other communion 
 may adopt, rules for enforcing discipline within their body, which will 
 be binding on those toko expressly or by implication have assented to 
 them." This judgment refers to a case, where the meetings and all the 
 proceedings were purely voluntary ; but in this Province our Synodical 
 action has been taken under the authority of the law, and I have no 
 doubt not' only that the proceedings of the Provincial Synod have been 
 legal, but that.they are binding on the members of the Ohurch in Huron, 
 who have by their delegates assented to them; and that having thus 
 brought themselves within the constitution, which they helped to frame, 
 they cannot now evade either its obligations or responsibilities, under 
 the plea that the Letters-Patent are void, or that the meeting at which 
 the Oonstitution was adopted was improperly convened. 
 
 I remain, 
 
 Tonr Lordship's faithful servant, 
 
 • J. HILLYABD OAMBRON. 
 
 I have rcKseived letters from Clergy in the diocese of Huron, who 
 have entered their protests against the vote taken by their Synod, 
 expressing " a fear that the tendency of the course which the 
 Synod has seen proper to pursue, will be to cut off its connection 
 with the Church in Canada." I earnestly trust, however, that this 
 is not likely to happen; but that we shall find we can all meet 
 together and work together, as we believe we have done on the two 
 former occasions, under the influences of the good spirit of grace, 
 advancing the glory of God and the increase of His Kingdom. 
 And that, instead of imagining, that << all the labour and expense 
 incurred by the Provincial Synods which have taken place^ have 
 been in vain, and that it is now necessary to begin die novo" we 
 shall rather see reason to thank God, that amidst so many diffioul- 
 
13 
 
 ties and so much uncertainty in these our early struggles for the 
 establishment of our Ecolesiastioal polity, w<b have been "enabled, 
 as in ancient days, to assemble in one body," and have been per- 
 mitted to lay a good foundation aooording to catholic usage. 
 
 I remain, 
 
 Very sincerely, 
 
 Your faithful brother in Christ, 
 
 F. MONTREAL,