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 fif THE EEPOllT 
 
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 OF 
 
 ^l}c Bi0!)op of Toronto, 
 
 TO THE 
 
 :v[OST HON. THE DUKE OP NEWCASTLE, 
 
 HEU MAJESTY'^? SECUETARY OF STATE 
 FOR THE COLONIES, 
 
 ON THK iiUJi.TKCT OF 
 
 Sljc (Eolouial vSIIjurcl). 
 
 TORONTO: 
 
 PRrNTED BY A. F, PLKES, KING STRKET. 
 
 /■■ 'T 
 
 
 '>. ^"*.-^ ».• »->' Vrf' ■•, >* "N >*■■ 
 
^ 
 
 MOS 
 
THE llEPORT 
 
 OF 
 
 <ll)c J3uil)o^) oi ^ovoula* 
 
 TO THE 
 
 .MOST HON. THE BUKE OP NEWCASTLE, 
 
 HER MAJESTY'S SECllKT A I? Y OF STATT' 
 roll THE COLONlllS, 
 
 ON THE SUBJECT OF 
 
 ulljc Colonial (!II}nrH). 
 
 TORONTO: 
 
 PfllNTfiP BV A, r. FLEES, KING STREET. 
 
 1853. 
 
THE REPORT, &c. 
 
 Toronto, Upper Canada, Feb. 4th, 1853, 
 
 My Lord Dukh, — On my return from a 
 confirmation of several months to this place, 
 in September last, I foand the following 
 circular letter whicli had arrived during ray 
 absence, from the Right Honorable Sir John 
 Packmgton, Bart., then Secretary of State for 
 the Colonies : — 
 
 Downing Street, 30th July, 1853. 
 
 Mv Lord, — As your Lordship must natur- 
 ally feel much interested in the debates of 
 last Session in the House of Commons, upon 
 the Bill brought m by Mr. Gladstone, for 
 regulating the Church of England in the 
 Colonies, I forward to your Lordship some 
 copies of the Speech in which I stated my 
 objections to Mr. Gladstone's measure. 
 
 1 also send your Loidship copies of the 
 Bill, which Mr, Gladstone subsequently in- 
 troduced — but which was not discussed in 
 the House. 
 
 The subject will be renewed in the next 
 Session of Parliament, and in the event of 
 Legislation upon it by her Majesty's Gov- 
 erument, it will affoid me much assistance 
 if your Lordship will favour me with your 
 opinion upon the present state of the Church 
 in your Diocese, and what Legislative 
 
changes yon would suggest in order to plac« 
 the Churcli in your Diocese in a more ofiicienl 
 and satisfactory position. 
 
 1 have the lionor to be, 
 My LonJ, 
 Yonr Lordshi])'.^ 
 Most ob'l Servant, 
 
 (Signed,) John S. Packingtom. 
 
 The Lord Bishop ) 
 of Toronto. ) 
 
 Not supposing that the measure would be 
 taken up in the early Session of November, 
 I addressed a circular letter to my Rural 
 Deans with copies of Mr. Gladstone's Bill, 
 and of Sir John Packingtou's speech, desiring 
 them to consult the Clergy and otheis (3 
 their respective Deaneries,'"and report to me, 
 at their early convenience. 
 
 On receiving thoir reports I consulted with 
 «ome able friends, and more particularly with 
 the Chief Jut tice of the Co ony— and have 
 now the honor to enclose lor the infornatioa 
 of your Grace, the result of our combined de- 
 liberations. 
 
 I have the honor to be, " 
 My Lord Duke, 
 Your Grace's 
 
 Most ob't Servant, 
 
 John Toronto. 
 
 His Grace, the Duke of Newcastle, 
 Her Majesty's Secretary of State 
 for the Colonies. 
 
 Downing Street, London. 
 
(/>) 
 
 COi\ VOCATION. 
 
 It is now -renerally ;u1 iniltod lliat the rapid 
 ^^rowth of the Ujiiied Chuich of Kii^^liuul 
 niul Ireland in ihe Coloiiios, and the great 
 incieaso of the t'lo'^jy present new and ur- 
 pent ar:i;umcnts for some ruhng power to en- 
 force stricter discipline unci j:jri'ater ellicien- 
 cy and uniformity of action than she has 
 yet enjoyed. 
 
 When the lay mcmbrirs of the Church, in 
 the various dependencies of the Ihilish Em- 
 pire are believed to exceed one million, and 
 one Diocese (Upper Canada) approacties one 
 fourth of that number, with several iiundred 
 clergymen .scattered over vaf4 remons, and 
 thus far separated one from another, it must 
 needs he that ;:;rave diflicnliies and offences 
 will arise, and hew are they to be dealt 
 with. 
 
 Tlie Bishops are in most cases powerless, 
 havini^ indeed jurisdiction by their Royal 
 appointment and Divine Commission, but 
 no tribunals to try cases, and lo acquit or 
 punish as the case may require. 
 
 Hence they feel themselves frequently 
 weak and unable to correct reckless insub- 
 ordination, sullen :Joniiimacy and even im- 
 moral conduct. At one time they arc 
 accused of feebleness and irresolution — at 
 another, when acting with some rigour, they 
 are denounced as tyrannical and despotic. 
 
 On all such occasions they are without 
 «upp3it or the refreshinij counsel of their 
 Brethren — nor have they any Constitutional 
 way open to them by which they can devise 
 
(6) 
 
 Jitid mature such mcasvirns a« may be found 
 necessaiy for iho wolfaro and extension of 
 the Church. 
 
 The gjrowinj]^ evil and inconvnnionce of 
 this state of thiniis has at leniith ioned itself 
 upon the noticiM)fthe Imi)eri;il (Jv)Vt;iiimeiit, 
 and a Hill has been introduced into Parlia- 
 ment by the Ri^ht llonorable William Giad- 
 f*tone, which seeks to place Church affuirs 
 in the Colonies under the j^overninent of an 
 uniform and well defined system.^ And, 
 although the Secretary of State, Sir John 
 Packington, ofiered some well founded ob- 
 jections to the proposed Bill, he frankly 
 admitted that the Church in the Colonies 
 laboured under great disadvantages, and 
 tliat it stood in need of legislative assistance, 
 in order to enable it to make suchiegulations 
 as are essential to its proper^ functions. 
 Both Statesmen consider legislation necessa- 
 ry, although they differ in the details ; and 
 both appear desirous to avail themselves of 
 the advice and assistance of the Colonial 
 Bishops and their Clergy, in dealing with 
 this question, which is certainly not a light 
 one. 
 
 The Bill, as amended, ha? not only been 
 sent out to the different Colonies to be sub- 
 mitted to the judgment of the Bishops, 
 Clergy and Laity, but one Bishop at least 
 from the different groups oi Colonial Di- 
 oceses has been invited to England to assist 
 m its modification so that it may meet tho 
 purpose for which it is intended,— or rather, 
 to assist in framing a ConPtituticn for the 
 Colonial Church, which would ensure uni- 
 formity in all essentials to her efficiency 
 
within the Colony and at tlic same time 
 preserve hainioiiy wiili the Mother Church. 
 
 And sum'y the iittio ilclay ri'<|un(Hl in 
 pursuiiiL;- lliis course need not be j^rud^cni 
 after iillowing 200 years and more to payj^ 
 wiiliotil iloiii!;; anything', when the residt may 
 be the digesting and iriaturinj? a respectable 
 eafe and rational .scheme which would give 
 ful! elliciency to Uio United Churcliof Eng- 
 land and Ireland, and insure through all 
 future time among her numerous branches, 
 perfect unity in all parts of the world. 
 
 Besides the Bishops and such of their cler- 
 gy as visit England on this important object, 
 those who remain in their Dioceses are ex- 
 pected to give their owrt views, and in as far 
 as may be those of their Olergy and Laity, s(» 
 that the result may be justly considered the 
 voice of the Colonial Church at large. 
 
 Now, aUhough we may not reckon very 
 much upon the positive benefit to be derived 
 from the multitude of suggestions which 
 will be brought forward, yet liieie would be 
 the advantage of considering beforehand, 
 whatever would be likely to be urged in 
 the Colonies for or against the act before it 
 had passed. Besides the moral eifect would 
 be of great value by showing the members 
 of the Church in the Colonies, that a mea- 
 sure so important had not been agieed upon 
 without due leference to their wishes and 
 eenliments, — and in the next place it would 
 be much more easy to support the system 
 afterwards against any ali'.Mnpts to unsettle 
 it as being a system established on mature 
 consideration, and with a desire to meet the 
 views and opinions of the various Colonies. 
 
(8) 
 
 Even after all il'is previous care and de- 
 liberation, it might be wise to limit the con- 
 tinuance of the measure on its (irst enact- 
 ment to four ov iive years, and in the mean- 
 time to invite an expression of oj»inion from 
 the difF^irent Colonies as to the worldnj^ of 
 its various provisions, so that it may be made 
 as perfect as possible before it becomes a 
 permanent law. 
 
 The system by which the Episcopal 
 Church in the United States of America is 
 governed, and that m Scotland, wou'd natur- 
 ally be considered in framing the Constitution 
 of the Colonial Church, and some hints might 
 possibly be derived even from the looting on 
 which the Protestanj Churcli has been pla- 
 ced by the late acts of the Government in 
 France. 
 
 The members of the Episcopal Church of 
 the United States were unavoidably influ- 
 enced in laying the foundation of their 
 system by considerations which do not apply 
 in our case. They would not submit to a 
 controling power in a foreign country, for 
 that would have placed their Church in a 
 disadvantageous light before ihe public. 
 
 With us there need not, be, and u- not in 
 fact any jealousy of the kind, on the contrary, 
 I believe the genera! fooling of the Laity as 
 well as the Clergy at present would be found 
 to be in favour of seeking security against 
 error and against rash changes by having 
 all material points subject to the control of 
 the Mother Church, and not lelt to be deba- 
 ted or resolved upon by Colonial Conven- 
 tions or convocations. 
 
 Let us suppose then a Constitation framed 
 
(9) 
 
 in Enjrland unde- ihe best advice and upon 
 mature consideration, the most desirable 
 course would, I third?, be to give that Church 
 ('onstitmiou to the Colonies by an Imperial 
 Statute. 
 
 But, here we apprehend a difficulty will 
 present itself, if the Bill should go into such 
 details in regard to Church government and 
 discipline as it ought to do. Would the 
 House of Commons entertain it? and would 
 the Government ask them to do so with the 
 hope of a satisfactoiy result? I hope they 
 could: but I fear they could not. 
 
 If the Government could and would pro- 
 ceed in that manner, and if a Statute could 
 be passed, approved of by the heads of the 
 Church and placing the Church of England 
 in the Colonies ou firmer ground as to doc- 
 trine and discipline, a very great object 
 would be gained, because then the Convoca- 
 tion or whatever it might be called, within 
 each Diocese, not having these matters 
 within their reach (and I think they ought 
 not) would b« occupied only in such things 
 as would not disturb the unity of the Churcfi, 
 that is, in enforcing the power given by the 
 Constitution in regard to discipline, and in 
 regulating and advancing her tempoial in- 
 terests. 
 
 This great advantage would follow from 
 having our System of Church Government 
 resting on such a foundation, as could not be 
 readily disturbed ; for it would net be easy to 
 procure any alteration of what had been so 
 carefully conside.ed. And we might hope 
 that the Constitution would be found to be 
 sustained by the general voice of the Colonies, 
 
(10) 
 
 although there might be an unfortunate spirit 
 prevailing at times in one or two of them 
 that would unsettle any sound System, if it 
 could have its way. 
 
 If it should be found ihht the Government 
 would decline attempting to procure from 
 Parliament a measure which should go suffi- 
 ciently into details, the next best thing would 
 eeem to be to proceed at any rate as has been 
 suggested in devising a Constitution by con- 
 sultation among Colonial Bishops, and with 
 the Government and Spiritual Head-^. of the 
 Church of England, and then providing for 
 a convention of the members of the Church 
 of England, Lay and Clericai, In due form in 
 each Colony, and submitting the Constitution 
 to their adoption. The great object would be 
 to gam the assent of the Colonial Church to a 
 Constitution settling all cardinal points and 
 placing them beyond the iulluence of dis- 
 turbing forces within the separate Dioceses, 
 which might destroy the unity of the Church 
 and impair its resemblance to the Church of 
 England in England. 
 
 We must all agree with Sir John Packini»- 
 ton in objecting to the plan of setting each 
 Diocese separately to work to lay d'own a 
 system for managing their Ecclesiastical af- 
 fairs. Some points of vital importance to the 
 Church might,! fear, be placed eitheratonco 
 or in time,underthe influence oi various caus- 
 es, on so inconsistent a footing in the different 
 .Dioceses that the Church of England would 
 no longer seem to be one Church in the 
 Colonies, and we should have some Crotchet 
 established under peculiar circumstances in 
 one Diocese which would tend to unsettle 
 
(11) 
 
 the Church in other quarters, when, without 
 
 such example the proposition would have 
 
 received no encouraoerneni. Moreover, the 
 
 preponderating element in the population of 
 
 a particular Colony- the tone of public 
 
 teeimg on various questions— the accidental 
 
 circumstance of the personal character of the 
 
 Jiishop who would first have to set the 
 
 machinery in motion— his discretion, his 
 
 firmness, and ability to resist pressure and 
 
 various other circumstances, would be almost 
 
 ceitaiii to bring about diderent results— and 
 
 possibly, m some Colonies, results that would 
 
 bo much regretted, and ought to bo depre- 
 
 cated m all, ^ 
 
 And besides, there may be differences iri 
 the present actual condition of the several 
 i^olonial Dioceses which could hardly fail to 
 occauon a far greater diversity than ought to 
 prevail m one Church in regard to matters of 
 common mleresi. 
 
 CONSTITUTION. 
 
 . The Members of the Church of England 
 m the Colonies, desire in the first place, that 
 trie Consliiul ion, or Act for the beUer o-overn- 
 ment of the Church in the Coloniesrshould 
 acknowledge the Supremacy of Her Majesty 
 over all per.<ons in all causes Ecclesiastical 
 as well as Civil, ivithin her dominions. We 
 aredeepiy .sensible d the necessity of pre- 
 Bevvmg that Supremacy unimpaired, and are 
 determnied, in so fai as in us lies, to maintain 
 and defeiid if, 
 
 Wede.M.e, in the second place, that pro- 
 vision be mado that the Church shall continue, 
 
(12) 
 
 as we have ever been, an Integral portion of 
 the United Church of England and Ireland- 
 enjoying the true Canon oi Holy Scripture as 
 our Rule of Faith— acknowledging the three 
 Creeds as an authentic interpretation of Holy 
 Scripture as they are embodied in the Liturgy, 
 maintaining the Apostolic Form of Church 
 Governmenr by Bishops, Priests and Deacons 
 — and we declare our lirm and unanimous 
 resolution in dependance on the Divine aid, 
 to maintain those benefits, and transmit Ihexn 
 unimpaired to posterity. 
 
 Hence we deprecate all attempts to tain]>er 
 with the Doctrine of the Church, or any of 
 her formularies. We deprecate any tendency 
 to add to or diminish the deposit of Faith 
 committed to the United Church oi England 
 and Ireland as a Branch of the Church Catho- 
 lic — or to narrow her terms of communion as 
 laid down in her Book of Common Piayer 
 and Articles, for the preservation of which» 
 we desire to express our deep thankfulness, 
 and it is our earnest wish that Provincial and 
 Diocesan Convocations in the Colonies, may 
 be restrained from meddling with, much lesa 
 from altering such high and weighty matters, 
 and that they be confined to discipline and 
 the temporalities of the Church, and such 
 regulations of order and arrangement as may 
 tend to her efficiency and extension. 
 
 The Constitution having secured the ac- 
 knowledgment of the Royal Supremacy — the 
 Unity and sound leaching of the Colonial 
 Church in all things et-sentiaj, and her 
 identity as an integral part of the Church of 
 England might proceed, 
 
 1st. To restrict tite Provincial or Diocesan 
 
(13) 
 
 Convocations of the Colonial Church from 
 enteitaiiiing any proposition for any change 
 of the articles, Doctrines, Liturgy or offices 
 in the United Church of England and Ire- 
 land. 
 
 2nd. To provide for the enforcing of pro* 
 per discipline— the method of proceeding 
 upon complaint against any clergyman,— 
 for immoral conduct,— insubordTnation,— 
 habits and pursuits inconsistent with their 
 sacred calling, neglect of duty, unsound 
 doctrine, breaches ol orders &c. &c. The 
 eentence that may be imposed and in cer- 
 tain cases the right of appeal, 
 
 3rd. To provide for the appointment and 
 removal by due authority, and after proper 
 proceedings, of Bishops, Presbyters, and 
 Deacons. 
 
 4th. To provide for dividing the Dioceses 
 into Parishes with proper regulations in case 
 of future subdivision, with a view to Church 
 purposes only. 
 
 5th. To provide for the extension and 
 temporal inteiests of the Church,— by the 
 members assessing themselves to raise 
 Funds ior buildiirg, repairing Churches, 
 ParsouHg^-, School Houses, for the support 
 of the Clergy and School Masters, and the 
 maintenance of Public Worship, 
 
 6th To provide for the regulation of fees 
 for marriages, baptisms and burials. 
 
 These and various other matters afFec- 
 ting the welfare of the Church would 
 lequire to be taken up one by one and provi» 
 deii for— the design being to have certain 
 things fixed by superior authority so as to 
 
(14) 
 
 be subject to no change by any legislation 
 "within the diocese. 
 
 I would more briefly recapitulate what 
 appears to me desirable, 
 
 1st. That one Constitution be framed for 
 the government of the Church in all the Col- 
 onies. 
 
 2nd. That the Constitution should provide 
 
 1. For the establishment in each Colonial 
 Diocese, of an Assembly lor managing so 
 far as may be committed to it, the alfuira of 
 the Church. 
 
 2. For giving such assembly the most 
 appropriate name. 
 
 3. For establishing how it shall be com- 
 pcsed, as to the pioportioa of Clergy and 
 La.ty — what shall form a quorum— how 
 GUdstions are to be decided — what regula- 
 tions as to times of session,— prorogation-^ 
 adjournment &c. 
 
 4. Who shall preside— if the Bishop, 
 shall he possess an absolute veto, or, one 
 modified, or merely the casting vote, 
 
 ►> 6. Shall there be a power in the Arch- 
 bishop of Canterbury, or the Crown, to 
 disallow, within a limited period, any lav/ or 
 regulation of the Convocation. 
 
 From a review of these principles and 
 details, two or three aood men could, I think, 
 in a single week, suggest a syt^tem for them 
 all— not such as would satisfy and please 
 every one, because that is nut to be hoped 
 for, but such as person. s of good judgment 
 and good intentions and with some know- 
 ledge of Colonial feelings and prepossessions, 
 would think reasonable and piaciicable. 
 
 In regard lo Sir. John Packinglou's well 
 
 >- 
 
(15) 
 
 ./^' 
 
 grounded fear of diversity of reijulations in 
 different Colonies it rniisl be carelnlly provi- 
 ded ti^ainst, .since that would evidently be 
 the effect ofleavin;^ a wide scope lo Colonial 
 Convocations or Synod?:, and 1 should much 
 rather prefer tlr^t an Imperial Slati.le should 
 lay down the system as regarded cardinal 
 points, leavinir minor poinisto be the sub- 
 ject of regulation within the Colony respeclinj? 
 which some diversity of system would not 
 gignity. 
 
 The great use and importance of the gov- 
 erning body would rather consist in their 
 being called on to execute the powers del- 
 egated to them by the Statute. I mean in 
 tiieir application of them to individual cases, 
 as they arise and which it would be their 
 part to dispose of, not according to any sys- 
 tem of action devised by ihem^^elves, but in 
 Uie manner prescribed by the Imperial Stat- 
 ute. 
 
 THE RIGHT HON. W. GLADSTONE'S 
 
 BILLS. 
 
 The Bill as at firM ffamed, nppears open 
 to several of the objtcJions urged against it, 
 and such require tu be lemovtd or satisfac- 
 torily rnodiUcd. 
 
 This lias ill Fome measu»e been done in 
 the Amended Bill, I ul luMlier alterations and 
 amendments may with propriety be suggest- 
 ed. 
 
 Whether ]>y the law as it now stands, ths 
 Bishop with 'the Clrgy ajul Laiiy of his 
 Diocese iti a Brifk^'h Colony can l« ga ly as- 
 lemble ai ibeir own accord and make leg- 
 
(16) 
 
 niations for the manaj,rement of their inter- 
 nal ecclosiastical aflaiis to the e.\t(^nt con- 
 templated in the Amended Bill is a point 
 which ought not to be treated as doubttul, 
 unless it really be so. 
 
 Surely the status of the Church of England 
 throughout the Colonial possessions of the 
 Empire is a matter about which we can 
 hardly suppose that there had been no opin- 
 ion or intention in all times past on the part 
 of the Parliament and Government of Eng- 
 land. 
 
 Would it not therefore be safe to assume 
 that the Bishop, Clergy and Laity had not 
 authority of themselves to lay down a sys- 
 tem of self-government without the sanction 
 of Parliament, or of the Crown— and if this 
 be so, it can hardly be right and certainly 
 not politic to recite that it was doubtful, 
 whether they could or could not i]o so; 
 because it rpight be that Parliament would 
 not pass this propo.-ed Bill, or concur in any 
 act upon the subject, and then the admis- 
 sion that it was doubtful whether the pow- 
 er does not already exist might Jiflbrd a 
 fitrong argument in the Colonies for assu- 
 ming an authority that might not be yery 
 discreetly exercised. 
 
 It would have been better in my humble 
 opmion to have commenced by reciting, 
 "That it was expedient to enable &c."—. 
 saying nothinir about doubts. 
 
 I venture to remark that the introduction 
 of such a Bill should be preceded by some 
 preliminary notice, either on the part of the 
 Government or of the proper Ecclesiastical 
 authority in England,— it being desirable 
 
 m 
 
V 
 
 r# 
 
 ( n ) 
 
 that Church aflairs in the Colonics should 
 be governed accoicling lo some uuifoim and 
 weii defined system prevailing Ihioughout. 
 
 THE AMENDED BILL. 
 
 (TITLE.) 
 
 h should not be entitled an act to explain 
 and amend the Laws relatin^r to the Church 
 in the Colonies,— but •* an act lor the better 
 Governmeutof the Church in the Colonies.'* 
 
 PUEAMBLK. 
 
 Neither ttie Title nor preamble explain 
 anything—the Julter expresses doubts, and 
 then proceeds not to explain ihem but to 
 make positive provisions or Enactments, (t 
 does not propose to amend any particular 
 Laws, but inljoduces for »he lirst time a 
 system for regulatiiig certain matters which 
 before had not bee'i subjected to any leaula- 
 tion. How much tetter to commence by 
 reciting *< That it was expedient to enable 
 «Mhe Bishop of any Diocese iu the Colonies 
 "with his Clergy and Laity to meet tO£';ether 
 « from time lo time in Synods or CoiVvoca« 
 "lion &c.'* 
 
 Should not the words "Ecclesiastical 
 affairs" be defined— what is understood by 
 Ecclesiastical affairs — has the expression d 
 reference to i trine, or the form of prayer — 
 or the ceremonial of public worship — all these 
 are Ecclesiastical ah^aiis. It is not easy to 
 foresee to what subjects and objects such 
 Synods or convocations might not attempt to 
 apply themselves as coming wuhin tha 
 constiuction of the words Ecclesiastical 
 
affairs. Some Convocations might under- 
 stand that tlierc are limits to their power of 
 regulation and manairement, which limits 
 other Couvocalious might not acknowledge. 
 
 FIRST CLAUSE. 
 
 1st Clause, instead of being a mere negative 
 provision that no Laws shall be constiued to 
 prevent, &c., should, I think, in a natural and 
 plam mannerauthorise that to be done which 
 It is intended should be done. 
 
 " Being declared bond /ide Members of the 
 Church " seems not an accurate form of ex- 
 pression— fur being disjunctive either of the 
 requisites must betaken to be sufficient. What 
 IS a declared member of the Church ? Must 
 anyone be receivedas a Memberof theChurch 
 who declares himself lo be such— thouoh he 
 rnay never have altei.ded one of her places 
 of worship or joined in her seivice up to the 
 moment that he declares himself a M-mber 
 and claims upon that declaration to have a 
 vote in her Convocation. « i3eino regular 
 communicants " better, that is, accordino- to 
 the 2Jst Canon, every person Communicatm'» 
 thrice a year a Canonical Test not unreason! 
 able lor those admitted to legislate for the 
 Church. 
 
 A bona fide Member of the Church is not' 
 80 defin te as it appears to be— who is to pro- 
 nounce upon two boiiafide.s? And what shall 
 be the cnlerion ? Moreover this first clause 
 makes no provision for calling the fir.^t 
 meeting. When and how— oi bv whom, nor 
 by any means clearly who are to meet or 
 who IS to preside. 
 
 What does ** by common consent" mean ? 
 
(t9) 
 
 t 
 
 If there is no dissentient voice, there would 
 be common consent— but if all the Clerjiy 
 vote one way or a mnjority of th<Mn, and all 
 the Laity or a majority of tlieni tlie other way, 
 which opiiiiou siuill prevail ioi the better 
 conduct of their Ecclesiastical allUirs. The 
 union of Dioceses should only be permitted 
 under a Metropolitan, and include all under 
 bis jurisdiction. 
 
 The last three lines of tlie first clause, 
 "subject always as at this time in common 
 "with ail o'lher Religious Communions, to 
 "the authority of the Local Lvuiylalures 
 "respectively, and to such Provisions as they 
 "may think pioper to enact" are intended 
 perhaps to me(3t Sir John Packington's ob- 
 jections as tending to make the Church 
 dominant to a greater degree than it has been 
 hitherto— by giving to the regulations of the 
 Colonial Synods an authority supported by 
 Parliament and so beyond tJie control of Co- 
 lonial Legislation. iVow, instead of these 
 three hnes it would be wiser, 1 think, to 
 guard against any supposition that such 
 dominancy was intended, by inserting in the 
 middle of the^ clause some such words as 
 these .-—Not repugnant to any Law passed or 
 to be passed by the Parliament of the United 
 Kingdom, or by the Legislature of the Colony 
 within which such Dioceses are respectively 
 fiituated. 
 
 2nd clause. 
 
 2nd Clause. As it is here assumed that 
 regulations will be made for the trial of 
 offending Clerks,— it appears desirable that 
 the Bill should contain a definitive provision 
 
(20) 
 
 for the erection of a Court for the purpose of 
 g^ivinrr ;iiithority to the Bishops for suspension 
 or (loj)rivatioii of oflice ou conviction of the 
 oflencler. 
 
 3 III) CLAUSK. 
 
 Ih'd ('lauso. This Chi use could be bettor 
 fuirried 1 think, by providinir that no reguhi- 
 tion so to be iruide should have power to 
 affect any person not being a Member of the 
 Church of England. 
 
 4ril CLAUSE. 
 
 4th Clause. I would certainly leave Bi- 
 shops, as now, to be appointed by the Crown, 
 or it any voice or control were intentled to be 
 f^iven to any authority within the Colony, I 
 would provide for it in the act. I mean ajj 
 to the point of votin/jr, by whom to be exer- 
 cised, and how, and not leave it to be the 
 sulyect of a regulation by a Colonial Convo- 
 cation — and for obvious reasons. Some con- 
 cession may be made to the Colonies which 
 provide fur the becoming support of Iheir own 
 Bishops. 
 
 5Tfl CLAUSE. ^ 
 
 •' 5tu Clarse. I would make the sanction of 
 th*:; «'i:iie.. i'l, through her Princioal Secietary 
 oi rJtaie for the Coiotiies, or of tne Arcii bishop 
 of Canterbury, necessary to all regulations 
 not clearly within the powers given by the 
 Constitution— such sanction to be given or 
 whhheld within twelve months, — and tin's if 
 it were only to preserve a wholes:)me link of 
 unity and subordinatirn, which Churchmen 
 generally are not i ndisposed to entertain, and 
 because of its tendency to produce uniformity. 
 
(21) 
 
 6tii clausr. 
 
 full Clause, I would provi<lc thai nothing 
 fihould be tlisponsed with wliich in Kti«;lapd 
 is indispensablo lor obtairiini; Ordinaliori, 
 uidess if bf» .soniothiu;^ which id iiia])piicablo 
 to ihe case oi Colonies. 
 
 Toronto, Canacfa, 
 4th Feb. 1853 
 
 IS 
 
 J. T. 
 
 (circular.) 
 
 Toronto, 20th October 1852. 
 
 Rev. and Dear Siu,— The Secretary of 
 Slate, Sir John Packiii':toti, has requested 
 my views on the Hon. Mr. Glaxl^tone's mea- 
 sure respectiiii^ the Colonial ('hurch. — It is 
 contanied in the two bills wliich 1 enclose, or 
 rather in the amended one ot the 25th of Jane 
 last. 
 
 The subject being of vast importance, I am 
 anxious to avail myself of the assistance of 
 my Brelhien in making up my report, but as 
 it is rather a private than a public communi- 
 cation, I confine myself chiefly to my Rural 
 Deans, with the desire that they consult with 
 the Clergy of their respective Deaneries, 
 and others as tliey may think fit. 
 
 The Secretaiy of State while admitting 
 that the present position of the Colonial 
 Church is in many respects unsatisfactoiy, 
 and requires greater powers for regulating it» 
 ow^n atiairs, and maintaining hs own disci- 
 pline, yet considers Air. (iladstone's measure 
 open to serious objections, as appears from 
 
(22-) 
 
 h,9 sneech enclosed. But being desirous of 
 reSn- the evil, he w.,hes to procure the 
 opTnlonTof the Colonial Bishops -nd "thers 
 on 1 matter of so <rreat consequence, to enable 
 hta" frame an effective and f «----! 
 either by furth.;r amending that of Mi. Wad 
 stone's or introdncins a new one, fiamed on 
 his own views and snch information as he 
 !;;:; obtafn f.o,n the Colonies and otaer 
 
 T^tould like to for.;ard my ReporJ e-ly 
 nevt month, and ttiercfoi-erequot )oui reply 
 at your earliest convenience. 
 
 Allow me further to sH2;gest, that ..si want 
 mv comtmmication to the Secretary of State 
 ^ be a™ b "ef as possible, your reply would 
 '^,U™l\et,erinthyshapeofconc.eve^^^^^^^^ 
 
 on the different clauses, f X"f,s usorne 
 nrinoinles than entering into de,. lis, w sortie 
 Kuch wav as in the form annexed. . 
 
 I musf not conceal from you, ttiat I consu e. 
 M Gladstone's Bill defective as a remedy. 
 I think it not only in some degree open to S r 
 Tohn Packin-ton's obiections, but even its 
 rtle is un^^tunate. ' It affects to explain 
 ™ramend the law, and instead ot dciing so 
 i, states doubts e^^plams nothing a d .efers 
 
 !;;:VcUus:rS;S%ym,.wemern. 
 
 an.l some matters are omitted xvaich ougtit 
 
 to be provided for. ^. 
 
 ^ I remain, Rev. and Dear bir, 
 Yours truly, 
 
 John Toronto. 
 
(23) 
 
 A BILL 
 
 TO AMEND AND EXPLAIN THE LAWS RELATING 
 TO THE CHURCH IN THE COLONIES. 
 
 WHEREAS Doubts exist as to the Rights ot 
 Se Bishops, Clergy, and Lay Persons m- 
 habitin-- he Colonial Possessions of Her 
 ^^jI ,v 1 1,\ beino- iu Communion with the 
 Etf ofi^glt^Kt; in regardtothe Manage- 
 ment their internal Ecclesiastical Aflairs: 
 And w.eieas it is expedient that such Doubts 
 Should be removed and that, nader certain 
 Upstrictions, ihey should be suffered to maKa 
 fe'Xons for the said Managemen by 
 fe"o'ement among themselves: Be .t declared 
 and enacted by the Queen's most Excellent 
 Maiestv; by and with the Advice and Consen 
 of The Lo ds Spiritual and Temporal, and 
 Commons in this present Parliament assem- 
 bled, and by Hie Authority of the same, That, 
 I. No Statute, Law, Rule, Usage, or other 
 Authonty ol the United If argdom shall be 
 construefl or shall extend to prevent a.y such 
 Sop of any Diocese in the Colonies e,u^- 
 merated in the Schedule (A.) to t us Aci 
 Znexe 1 or in any other Colony which Her 
 M^esty 'shXas iLrein-after provided, have 
 declared by Order in Council to fall within 
 the Operation of this Act, together with his 
 ril^fan I the Lay Persons of the Diocese, 
 St^f decied or bona fide Members of tha 
 
(2*) 
 
 Church of Enslanil.or being othefwise in 
 communion with ihe same, horn meelii.g 
 together from "l ime to Time lo make or ;om 
 makin" al such Meelinj^'s, hy common ton- 
 Tent, o" by a Mnjority of Voices of the .a.d 
 Cler'ny anil Laity, severally; mul respectively, 
 with iL Assent of the sa.J B.shop, a.|y such 
 Re"ulations as local Circumstances « 'all, in 
 theTr Juaameiit render necessary lor the 
 bet U Con^i uct of their Ecclesiastical Affa.rs, • 
 or for the hoUhng of Meetings, «-hether on 
 behalfof One sucli Diocese only, or on behalf 
 
 of more than One such Diocese m corn- 
 binalion and by mutual Agreement, lor 
 the said Purpose thereafter; subject a ways, 
 asat this Time, in common sv.th all other 
 Reli'nous Communions, to the Autlioiilv ot 
 the local Legislatuies respeouyely, and O 
 Uch Provisions as they may think proper to 
 enact. 
 
 n But it Miall not be lawful to impose by 
 any such lleoulalion auy temporal or pecu- 
 niary Penalty or Disability, otheMhan Loss 
 of the Einolurnents ol any Lc-clesiastical Ut- 
 ficG or Benefice, under any Sei.tence or 1 ro- 
 ceedin- afFeciin- tlie Tenure thereof. 
 
 Ill And uoi\ni'h Re2;ulation shall bebind- 
 in- on any Person or Person.^ other than the 
 said Bishop or Bishops, and their Clergy, wittl 
 the Lay Persons residing withui the saut Colo- 
 nies,and being declared or bona fide Members 
 of the Church of England, or being othei-svi:5e 
 in Communion with the same. 
 
 IV And nothing herein contained shall be 
 heUl to authorize any such Regulation mado 
 m lespecl ot the Nomination ot Bishops, ex- 
 
(25) 
 
 cept upon the Consent of Her Majesty previ- 
 ously or thereafter siirnified through One of 
 Her Majesty's Princ'pai Secretaries of State. 
 
 V. And nothing herein contained shall be 
 heM to authorize any such Rei^ulatioii which 
 shall touch the Subordination of the said 
 Bishops, Clergy, and Laity to lh« See of 
 Canterbury, except upon the Consent of the 
 Archbishop of the said See previously or 
 thereafter signified by him under liis Hand 
 and Seal. 
 
 VI, And nothing herein contained shall bo 
 held to authorize any such Reguhition which 
 ehall direct or allow the Bishop of any Dio« 
 cese to confirm or consecrate, or to ordain, or 
 to license or institute any Person Xj any See, 
 or to any Pastoral Charge or other Episcopal 
 or Clerical Odice, except upon such Persons 
 having immediately before taken the Oath of 
 Allegiance to Her Majesty, and having like- 
 wise subscribed the Thirty-nine Articles, 
 and havinsf furthermore declare! iiis un- 
 feigr^ed Assent and Consent to the Book of 
 Common Player; but if such See, Pastoral 
 Charge, or Episcopal or Clerical OQice, be in 
 a Foreign Country, then the Oath of Ale- 
 giance need not be required to be taken by 
 such Person. 
 
 Vn. And it shall be lawful for Her Ma- 
 jesty, if and when She shall think fit, to 
 declare, by Order in Council, that this Act 
 shall, from a day to be named in such Order, 
 be in force within any other One or more of 
 Her Majesty's Colonial Possessions besides 
 those contained in the Schedule (A.) to this 
 Act annexed, and thi^i Act shall take effect 
 
(26) 
 
 in the Colony or Colonics so designated ao^ 
 eofdingly. 
 
 •CHEDVLB (A.) TO WHICH THIS ^^^ RKFWS. 
 
 Canada. 
 
 New Brunswick. 
 Nova Scotia. 
 Newfoundland. . 
 
 Prince Ed wards Is^anol 
 Cape of Good Hope. | 
 
 Togetlier with the Dependencies of tbo 
 •aid Colonies respectively. 
 
 New South Wales. 
 
 Victoria. 
 South Australia. 
 Van Diemen*s Land 
 Western Aosiralia. 
 New Zealand.