IMAGE EVALUATION TEST TARGET (MT-3) /h. fj^ % % 1.0 I.I ^ |32 12.5 1.25 III 1.4 2.0 1.6 Ta v: ^ # ^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions Institut Canadian de microreproductions historiques 1980 Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6td possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vuo bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m6thode normale de filmage sont indiquds ci-dessous. r~y] Coloured covers/ IV^I Couverture de couleur D D D Covers damaged/ Couverture endommag^e Covers restored and/or laminated/ Couverture restaur^e et/ou pellicul^e Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes gdographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que blaue ou noire) □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagdes I I Pages restored and/or laminated/ D 171 Pages restaur6es et/ou pelliculdes Pages discoloured, stained or foxed/ Pages d6color6es, tachetdes ou piqu6es Pa jes detached/ Pages d^tach^es Showthrough/ Transparence □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur / D D D Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr^e peut causer de i'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texte, mais, lorsque cela dtait possible, ces pages n'ont pas 6t6 film^es. D Quality of print varies/ Quality indgale de I'impression Includes supplementary material/ Comprend du matdriel supplementaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 filmdes d nouveau de fapon d obtenir la meilleure image possible. □ Additional comments:/ Commentaires suppl6mentaires: D 10X This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqu6 ci-dessous. 14X 18X 22X 26X 30X 4 12X 16X 20X 24X 28X 32X lils iu difier ine lage The copy filmed here has been reproduced thanks to the generosity of: Douglas Library Queen's University The images appearinci here are the best quality possible considering ti'ie condition and legibility of the original copy and in keeping with the filming contract specifications. L'exemplaire film6 fut reproduit grdce d la gAn6rosit6 de: Douglas Library Queen's University Les images suivantes ont 6x6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire filmd, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol —^(meaning "CON- TINUED "), or the symbol V (meaning "END "). whichever applies. Les exemplaires originaux dont la couverture en papier est imprim6e sont film6s en commenqant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en comment ant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole ^^ signifie "A SUIVRE", le symbole y signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film6 d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la m6thode. rata )elure. H 32X 1 2 3 1 2 3 4 5 6 if '*>.«' I ■ r y ■ CANONS, ig-'^anr$ and i^jsalutiou^, ADOPTED BY THE SY^OD OF THE , 1 ' M "►.'l ■f ' 1 DIOCESE OF TORONTO, j WITH AN HISTORICAL DIGEST OF THE PEOCEEDINGS, FROM 1851 TO 1872 INCLUSIVE, WITH AN ANALYTICAL INDEX OF THE WHOLE. Ipreijarfb bn a €ommittff, tln^fr bircdion of tl)c Snnob. (SEE PAGES 264-266.) TORONTO: LEADER OFFICE, 63 KING STREET EAST. ^ ^■:::. 1873. -■■;: -.v.:: ' ::■ '^!^^^''^'^'^^^^%^^>^^^^^?^^^ fitbrarg KINGSTON. ONTARIO D Iprcpa S LE Cv> w*.V^C.V\ 0*^ <— ^r-.- .>..wQi. \>^ i^JuWdl-l- CANONS, ADOPTED BY THE SYID^OD or THE DIOCESE OF TORONTO, WITH AX HISTOKir-AL DICEST OF THE PROCEEDINGS, F£OM 18.31 TO 1872 INCLUSIVE, WITH AX AXALYTICAL IXDEX OF THE AVHOLE. JJrcparcb bg a Committrr, luxbcv bircclion of tl)c Sniiob. 'V (SEE PAGES 264-766.) TORONTO: LEADER OFFICE, 63 KING STREET EAST. 1873. '!^>(M/0'Ci (I t c e o PREFATORY NOTE. This collection of Canons, Resolutions and By-laws of the Svnod of the Diocese of Tore: l,o, has been prepared in pursuance of resolutions of Synod, passed in 1869 and 1871 (page 2G4), and is a continuation of a similar compilation pre- pared in 1854. The collection contains not only the text of the Canons, Resolutions, and By-lawt of the Synod, now in force, but also (in a narrative form), an historical and sum- mary digest of the whole proceedings of Synod, for 22 years, from 1851 to 1872, partly inclusive. In Part I of this compilation are included the following matters : 1. List of the Clergy in the Diocese, 1872. 2. Brief Historial Retrospect of the Diocese. 3. Brief Chronological Record, from 1786 to 1851. 4. Analysis of the Bishop's Charges, from 1841 to 1851 inclusive. 5. Analysis of the Proceedings of Synod, from 1851 to 1871. 6. General Statistical Summary of the meetings of Synod, from 1851 to 1871, inclusive. Part II, which is arranged in chapters, is devoted to the "Declarations," Canons, Resolutions, and By-laws, which are now binding upon the Diocese. It also contains an his- torical digest, or summary record, in narrative form, of pro- ceedings in regard to matters which, from time to time, have engaged the attention of b-ynod. Part III. contains a collection of the Canons and Resolutions of the Diocese of Toronto, including, on pages 297-305, a reprint of the English Church Discipline Act. 851 :]8 iv PBEFATOEY NOTE. Part IV. contains a reprint of the Canons of the Provincial Synod, so far as they aflect tlie Diocese of Toronto. Part V. contains a reprint of the Provincial Statutes aflect ing or relating to the Cliurch of England in the Diocese of Toronto. For convenience of reference, the historical and narrative par? of the compilation, (which has no binding force), has been put in smaller sized type than the other, while the Caii'/ns, Resolutions, tS:c.,Avhich liave the force of Synod law, are put in the larger sized type. The Analytical Index, it will be seen, has been made as full and complete as possible. It will, we trust, be found of use to members of the Synod in readily turning to any sub- ject already discusFcd, which may be brought up from time to time in the Synod. Synod Office, Toronto, February 1873. ovincial js affect ocese of larrative rce), lias hile the nod law, made as found of auy 8ub- •om time CONTENTS. PART 1. CUAPTEB. FAOI. I. List of the Clergy in the Diocese, 1872 9 II. Brief Historical Retrospect of the Diocese 13 III. Brief Clironological Record until the First Meeting of the Synod in 1 851 15 IV. Analysis of the late Bishop's Charges from 1841 to 1861 inclusive 17 V. Analysis of the Proceedings of Synod from 1851 to 1871 inclusive 19 VI. General Statistical Summary of the Meetings from 1851 to 1871 inclusive 32 PART II. I. Declaration of the British North American Biihops in 1851 33 II. Declaration of the Canadian Bishops, in Prcvincial Synod, 1861 41 III. Declaration of the Queen's Supremacy 43 IV. Declaration on the part of the Synod of the Diocese of Toronto 44 *V. Submission of the Clergy to the Canons of the Provin- cial and Diocesan Svnods 47 •VI. Right of the Church to Meet in Synod ... 47 VII. Constitution of the Incorporated Synod of the Diooese of Toronto 55 VIII. Rules for the Preservation of Order 74 IX. Judgment on Contested Seats in the Synod 76 X. Constitution of Vestries for Free Churches 79 XI. Erection and Division of Parishes and Settlement of Boundaries 81 XII, Management and Control of Church Property 84 i. Church Property vested in the Church Society and Synod 84 ii. Security and Protection of Church Property .... 85 iii. Registration of Deeds of Church Property 89 XIII. Sale of Rectory Lands 91 XIV. Sale of Glebe Lands 93 XV. Patronage of the Rectories 94 XVI. Church Temporalities Act of 1841 100 XVII. Erection of Churches and Parsonages lv)5 XVIII. Division of Parochial Endowments — Endowments of Parishes 105 XIX. Clergy Reserve Question and Commutation 108 *Ihe CbapUrs on ppge 47 ehoold have been numbered as abore. r vL CHAFTUB XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. XXVIl. XXVIII. XXIX. XXX. XXXI. XXXII. XXXIII. XXXIV. •XXXV. XXXVI. XXXVII. XXXVILT. XXXIX. XL. XLI. XLII. XLIII. XLIV. XLV. XLVI. XLVII. XLVIII. XLIX. L. LI. LII. LIII. LIV. s : COlTTENTS. FAOX Clergy Trust Comnutation Fund 115 Clerical Sustentation Fund 120 Appointments to, and Stipend Assessments of, Vacant Parishes 126 Diocesan Board of Missions 127 Indian Church Missions 139 Missionary Bishoj) to the Indians 142 Endowment of the See of Toronto 145 Subdivision of the iJiocese 148 Election of a Bishoj) 148 Suiliagan and Coadjutor Bishoj) 152 Bishops' Court for the Trial of Oflences 157 Canons on Eeclosiastical Law 102 Status of tlio Clergy 164 Discrepancies in the Celebration of Divine Service .... 169 Omission of Parts, and Division, of Liturgy 169 The New Lectionary 171 Omissions in the Burial Service 171 Solemnization of Matrimonj- 173 Church Music and Congregational Psalmody 180 Revival of the Diaconato 184 Lay Co-operation 187 Increase of Candidates for the Ministry 188 University of Trinity College 190 Bishop Strachan's School for Girls. 196 Sunday Schools of the Diocese 198 Church of England Separate Schools 207 Intemperance and an Inebriate Asylum 217 Ministrations in Gaols and Reformatories 219 Parochial and Diocesan Statistics 221 Synod Assessment 224 Synod House and Ofhces 229 Printing of Synod Report 232 Books and Tracts 234 Widows and Orphans' Fund 236 Miscellaneous and Temporary 242 i. The Lord's Day 242 ii. Seed Time and Harves 243 iii. Various Movements and Proceedings iu the Church of England 245 iv. Colenso and other Heresies 246 v. The Church in India 247 vi. The Church in Ireland} 248 yii. The Church in South Africa 357 viii. Disabilities of the American clergy oflBciating in Canada 252 ix. The Diocese of Huron 253 X. The Diocese of Ontario 254 xi. Incorporation of the Synod— Union of the Church Society with it 256 xii. Delegates to the Provincial Synod 256 xiii. Relief of Superannuated Clergymen 259 i -w-^Wr^- C0NTENT8. Vii. PAoa xiv. Insurance on tho Lives of the Clergy 260 XV. Travelling Missionaries 261 xvi. The Holy Scriptures 261 xvii. Sundiy Forms of Prayer 262 xviii. Consolidation of the Canons 264 xix. Meetings of the Synod and its Committees 266 XX. " Chiirch Chronicle" and " Church Herald" .... 267 xxi. Resolutions on various subjects 268 1. Election of the Metropolitan (Dr. Oxondcn) 268 2. Free Seats in Churches '.'68 8. Probationary duty of minii84 7. Clergy Comnmtutiou Trust (tmmittee and its Duties 284 8. Constitution and Duty of the Mission Board 287 9. Christmas Oft'ertory for the Incumbent,,. .... 292 10. Indian Church Missions 292 11. Endowment of the See of Toronto 293 12. Subdivision of the Diocese of Toronto 293 13. Election of a Bishop .... 293 14. Election of a Suffraj-an or Coadjutor Bishop 294 15. Bishop's Court for the Trial of Offences 295 16. English Act for better epforcing Church piscipline 297 viu. CONTENTS. PAOB Canons of the Synod of the Diocese of Toronto — Continued. 17. Solomnization of Matrimony , 305 18. Church Musij and ('ongregational I'sulmody 306 19. Lay lU-ailers in Parislios 307 20. Widows and Orphans' Fund 308 21. Theological Students and Trinity College University 312 22. Sunday Schools in the Dioccso 314 23. Books a d Tracts 317 24. I'arochial Statistics 318 25. Synod Assessment 319 26. Synod House and OfliceB. 321 27. Printing of Synod lleport 322 PART IV. Canons of the Provincial Synod, as follows : — i. Constitution of the Provincial Synod 325 ii. Submission of tlus Clergy to the Canons of the Provincial and Diocesan Synods , 326 iii. On the Powers of a Metropolitan 326 ;v. On the Trial of a Bishop 327 V. (.'ourt of Appeal of the Metropolitan 330 vi. Of Ministering in Parishes and Dioceses 331 vii. Of Letters T< stimonial 332 Tiii. Of Episcopal Resignations 332 ix. On tlie Subdivision of Dioceses •. 332 X. Of the OfficiaHng of Strange Clergymen in a Diocese 332 xi. On the appointment of a Jlissionary Bishop 333 (Summary of vote for the election of a Missionary Bishop of Algoma, 1872) i 334 PART V. Provincial Statutes aflfectiiig the Church of England in the Diocese o£ Toronto, as follows : — i. The Cliurch Temporalities Act of 1841 335 ii. Church Temporalities Amendment Act 342 iii. Diocesan and Provincial Synods Act, 1 856 343 iv. Diocesan Synod Amendment Act, 1858 345 V. Church Society Incorporation Act 347 vi Church Society Amendment Act, 1865 350 vii. Hurr n Church Society Incorporation Act 351 jViii. Ontario Synoi^ Incorporation Act 353 ix. Toronto Synod Incorporation Act . . 355 (Trusts and Bequests authorized by the Synod Act) 357 X. Sale of Uectory Lands Act 359 xi. Sale of Bectory Lands Amendment Act 361 xii. Power of Alienating Lands and Personalties Act 361 xiii. Sale of Glebe Lots in Darlington Act 363 xiv. Validity of Acts performed by Clergymen ordained in Foreign Parts Act 364 PART VI. Analytical Index 306 Errata 376 TAOB 305 306 307 308 312 314 317 318 319 321 322 325 326 326 327 330 331 332 332 332 332 333 334 335 342 343 345 347 350 351 353 355 357 359 361 361 363 364 306 376 PARTI. ■• " LIST OF THE CLERGY OF THB • ' DIOCESE OF TORONTO APRIL, 1872. The Right Reverend Alexander Neil Bethukk, D.D., D.C.L. Lord Bishop of the Diocese. ' • • •» Commenced his Ministry 1823 ; Archdeacon of York, 1847 ; (Coadjutori Bishop of Niagara, 1866 ; Bishop of To.oAto, 1867. "J"'°'^ [NoTB.-The dates here given are chiefly taken from the official Until of i.nmm„.i.,- .- j NAME. Alexander, J. Lynne Alexander, Finlow Allen, T. W., M.A. (Rural Dean) Ambcry, John, M.A Arnold, Robert, B.A Baker, J. S .*.' Baldwin, Edmund, M.A. (Canon) Ball, Thomas Ballard, J. McLean, B A Bates, W. W Beaven, James, D.D. (Canon) . . Beck, J. Vv. R., M.A . Belt, William, M.A Bethune, C. J. S., M.A Bethune, F. A., M.A Boddy, S. J., M.A Boultbco, Arthur Brent, Henry, M.A. (Canon). . . ! Briggs, Solomon, M.A Broughall, A. J., M.A Bull, Geurgo A., B.A Surges, II. F. ) « . • . • 1 •••••t*»a** Knteretl the Dio- cese, or ordained. 1843 1866 1848 1857 1869 1866 1849 1870 1866 1869 1843 1851 1860 1861 18«7 1858 1870 1846 1868 1857 1861 1871 P. O. ADDRESS. Stony Creek. Guelph. Millbrook. Toronto. Fort Erie. Campbellford. Toronto. Bracebridge. St. Catharines. rvy. lorkville. Peterborough. Oshawa. Fort Hope. Toronto. Harriston. Newcastle. '- ' Stayner. "'< Toronto. Ryckman's Corners Bailiieboro'. 10 LIST OF THE CLERGY OF THE DIOCESE OP TORONTO. NAMB. Burnliam, Mark, B.A Burt, Frederick Carry, John, B.D Cartwright, T. S Cayley, J. D'A.rcy, M.A Checkley, W. F., M.A Clarke, W. H., B.A Clementi, Vincent, B.A Cole, Edmund H., M.A v^OOpor, JuL. v/. , Jd. A. •....• ......>• Cooper, W. E., M.A Cooper, H. D., B.A Creighton, John , Darling, W. Stewart Davidson, John, M.A Davies, H. W., D.D Day, Edwin, M.A Disbrow, Noah Dixon, Alexander, B.A. (Canon) Dumoulin, J. Philip, M.A., Farrar, M. A., M.A Fessenden, E. J., B.A Fletcher, John, M.A Fletcher, Joseph, B.A Flood, John Forneri, K. S., B.A Forster, W. R Francis, John Fuller, T. B., D.D., D.C.L. (Archdeacon) Geddes, J. G., M.A. (Rural Dean) Gibson, J. C, B.A Givins, Saltern (Rural Dean) Grant, William, M.A Grasett, H. J. C, B.D. (Dean of Toronto) Greene, Thomas, LL.D Greene, R. W. C, B.A Gribble, John Groves, F. J. S ^ Hall, Thomas Hallen, George, B.A Harris, R. H., B.A Harrison, Richard, M.A XXM9&V tV J w • J^« •••••t«»ftt»» » • • • • • (>••••••• • P. O. ADDRESS. 1829 Ashburnham. 1865 Minden. 1857 1867 Holland Landing. Ancaster. 1863 1867 Whitby. Weston. 1870 Haliburton. 1863 North Douro. 1871 1841 Cobourg. Etobicoke. 1858 Credit. 1861 1861 Fergus. Welland. 1842 Toronto. 1S57 Bondhead. 1857 Toronto. 1870 n 1860 Dunnville. 1848 Port Dalhousie. 1871 Hamilton. 1862 Westwood. 1870 Mono Mills. 1860 Aurora. 1847 1868 1840 1864 1866 Highland Creek. Shanty Bay. Penetanguishene. Uxbridge. Creemore. 1865 Jarvis. 1833 Toronto. 1834 Hamilton. 1865 Brockton. 1831 Yorkrille. 1860 TuUamore. 1835 Toronto. 1843 Port Nelson. 1871 1870 Byng Inlet. Port Colborue. 1851 Toronto. 1869 Lowville. 1840 1860 Penetanguishene. Orillia. 1865 Pine Grove, ;?^ 1870 Markham. LIST OF THE CLEBOY OF THE DIOCESE OF TORONTO. 11 NAM!. Hebden, John, M.A Henderson, Alexander, B.A Hill, George S. J., M.A (Rural Dean).... Hill, Arundel C, M.A Hill, Rowland Hindea, Ralph W., B.A Hodge, T. P Holland, Henry, B. A Hosken, B. S Houston, Stewart, M. A Ingles, Charles Leycester, M. A Jarvis, Herbert, M., M. A Johnson, W. A Johnson, C. G Jones, William, M. A Jones, W. Henry, M. A ^ Jones, Septimus, M. A Lampman, Archibald, B.A Langtry, John, M. A Lett, Stephen, LL.D (Rural Dean) Logan, William, M. A Lumsden, Wm., M. A Machin, C. J., Mus. Bac Massey, William Middleton, Isaac, B. A Mockridge, James, B. A Morgan, Edward Morton, James Mosley, Robert Murphy, E. W., B. A Mussen, E. Horace, B.A Maccarther, J. G. . . . Mackenzie, J. G. D., M. A Mackenzie, W. J MacLeod, D. L R, M. A Macnab, A., D. D Macnab, Allan Napier, B. A McCollura, J. H., M. A McMurray, Wm., D.D., D.C.L. (R. Dean) Nesbitt, George, M. A Newton, Willfam, Ph. D O'Meara, F. A., LL.D Osier, F. L., M. A. (Rural Dean) Osier, H. B. (Canon) P. O. ADDBBSS. 1850 Hamilton. i8:i 1843 Oraugeville. Unionville. 1870 Toronto. 1870 Little Current. 1868 Cookstown. 1856 York Mills. 1854 St. Catharines. 1867 1859 Cartwright. Waterdown. 1847 Drummondville, 1871 Arthur. 1851 Weston. 1853 1864 Georgetown. Toronto. 1869 Omemee. 1858 Yorkville. 1850 Gore's Landing 1855 Toronto. 1848 1850 Collingwood. Fenelon Falls. 1871 Oakville. 1871 Toronto. 1871 Erin. 1863 1843 Brampton. Norval. 1855 Barrie. 1864 1870 1865 Brighton. Parry Sound. Allandale' 1869 Seneca. 1867 Thorold. 1845 Toronto. 1868 Mount Forest. 1861 1850 Chippawa. Bowmanville. 1871 Hamilton. 1867 1833 Wellington Square. Niagara. 1861 Prince Albert, 1870 Rosseau. 1838 1837 Port Hope. Dundas. 1843 Lloydtown. 12 LIST OP THE OLEEGY OP THE DIOCESE OP TORONTO. NAME. Palmer, Arthur, M. A. (Archdeacon) Paterson, C. W., B. C. L Paterson, T. W., B. A PhiUipps, H. N Ramsay, S. F., M. A. (Canon) Read, T. Bolton, D. D. (Canon) Ritchie, William, M. A. (Canon) Robarts, T. T., M. A Ruttan, C Sanson, Alexander 8cadding, Henry, D. D, Shanklin, Robert Shaw, A. C, B. A Smithett, W. T., M.A Snell, John Howe Stennett, Walter, M. A , Stewart, A., M.A., (Rural Dean) Stimson, £. R., M. A Strong, S. S., D. D., D. C. L Sutherland, R. G Taylor, George I., B. A , Thomson, C. E., M. A , Tocque, P , Tremayne, R, M. A Trew, A. G. L., M. A Vicars, John, B. A Vicars, Johnstone Walker, Thaddeus, B. A , Westney, W. S.,B. A Whitaker, George, M. A , , Williams, Alexander, M. A Wilson, John, M. A., (Rural Dean) Wilson, E. F Worrell, John Bell, M. A Wray, H. B., B. A Wright, Henry Sky nner RETIRED. Bartlett, T. H. M. (late Chaplain to the Forces, Kingston) 1832 1869 1871 1855 1848 1842 1843 1854 1844 1842 1836 1845 1869 1868 18V1 1847 1866 1849 1837 1870 1868 1856 1868 1852 1867 1858 1865 1869 1865 1862 1855 1843 1871 1847 1865 1871 p. O. ADDRESS. Guelph. Bobcaygeon. Hastings. Niagara. Newmarket Grimsby. Georgina. Tliorold. Bradford. Toronto. Toionto. Thornhill. St. Catharines. Lindsay. Hollen. Cobourg. Orillia. Toronto. Toronto. Duffin's Creek. Cannington. Flora. Homing's Mills. Milton West. Toronto. Bethany. Roach's Point. Rosemont. Streetsville. Toronto. Toronto. Grafton. Sault St. Marie. Oakville. Stony Creek. Rockton. Drummondville. 1 i-l r-f J ^'r ■ ■ CANONS, m'!-'%- BY-LAWS, AND RESOLUTIONS OF THE SYNOD .'■ > - •■"■'. * ' ■ ^ OF THE >■''■■_.'. -l ' ■ • r ,■ ■ DIOCESE OF TORONTO. / ; II.— BRIEF HISTORICAL RETROSPECT. :. From the primary charge of the Honorable and Right Reverend John Strachan, D.D., LL.D., Lord Bishop of the Diocese of Toronto, delivered in the Cathedral Church ot St. James', Toronto, on the 19th of September, 1841, we gather the following facts. The Bishop says : — 1. " For many years after [the] first settlement [of this Diocese] as the favourite asylum of suffering loyalty, there was but one Clergyman of the Church of England within its extensive limits. This highly revered individual came into the Diocese in 1786, and settled in Kingston, in the midst of those to whom he had become endeared in the days of tribu- lation. * * * The Reverend Dr. Stuart may be truly pronounced the father of the Church in Upper Canada. * * * In 1792, two Clergymen arrived from England. * * * Even at the commencement of 1803, the Diocese contained only four Clergymen, for it was in the spring of that year that I made the fifth. * * * [The] nuhiber [of the Clergy] had not risen above five in Upper Canada so late as 1812, when it contained upwards of 70,000 inhabitants. * * * Nor was it till after the termination of the war with the United States in 1814, that the national advantages of Canada began to be understood * * * It was now that the Bishop [of Quebec, Dr. Mountain's] unwearied zeal * * * began to call forth sympathy and attention. At his instigation noble contributions were raised — Churches built — and Clergymen placed in the more prominent settle- I 14 BBIEF HIBTOBIOAL BETB08PEOT. ments. The preat impulse then given was continued and increased by his amiable, pious, and indefatigable successor, Bishop Stewart. * * * From this period the prospects of the Church in Canada steadily brightened. In 1819, the Clergy in this Diocese was increased to ten. In 1825, they had arisen to twenty-two, — in 1827, to thirty, — in 1833, to forty-six, and our numbers have now [1841] reached ninety." 2. From the Bishop's third charge, delivered in June, 1847, we learn that, in 1844, the number of Clergy had increased to one hundred and eighteen (118). In his fourth chargo, delivered in 1851, the Bishop reports the number of Clergy then in his Diocese as one hundred and fifty (150). On the 2nd of April of that year, the Bishop issued a Pastoral Letter summoning the Clergy and Laity (the latter by appointment or representative) of each parish, to moot him in Toronto on the 1st and 2nd of tl 3 following month " to express [their] opinion as a body on the posture of [the] secular aftairs [of the Church in the Diocee] when an attempt is again making by her enemies to dispoil her of the small remainder of her pro- perty, which has been set aside and devoted to sacred purposes during sixty years ; and it is not only her duty to protect against such a breach of public faith, but to take such steps as may seem just and reasonable to avert the same." The Bishop, therefore, requested " every Clergyman of [the] Diocese to invite the members of his mission or congregation, being regular communicants, to select one or two of their number, [two were selected in each case], to accompany him to the visitation : * * * their attendance on this duty * * * will be strictly confined to the consideration of the temporal affairs and position of the Church." In obedience to thia summons, what mav be regarded as the first meeting of the Toronto Diocesan Synod, composed of Clergy and Laity, was held. In his charge for that year the Bishop thus referred to the first visitation held in Upper Canada, he says : " In October, 1836, there was a meeting somewhat similar to this held under the then two Archdeacons, [York and Kingsk)n,] but, accord- ing to the usage of our Church, it was altogether clerical. It WIS called in consequence of the protracted absence and feeble health of our late excellent and Venerable Diocesan, His lordship was too far gone in the disease "'^ * * to examine and approve of our proceedings, which were all sent for his consideration, bat they did not on that account fall to to the ground." , .' . .a' i BRIEF CHRONOLOGICAL RECORD OF THE CHURCH, AC. 15 III.— BRIEF CHRONOLOGICAL RECORD OF THE CHURCH OF ENGLAND IN UPPER CANADA UNTIL THE FIRST MEETING OF SYNOD IN 1851. 1786. 1792. 1799.— 1803. 1804. 1813. 1816 1818, 1819 1823. 1827, 1829. 1830. 1831 1831. 1832. 1832 1833. — First Chiirch of England Clergyman (Rev. Dr. Stuart) came into Upper Canada. Two Clergymen arrived in the Province from England, Rev. Robert Addison became missionary at Niagara, and Chaplain to the Indians at Grand River; aiic! Rev. M, Pollard missionary at Amherstburg. Bishop Cthen Mr. John) Strachan arrived in Canada, 31st December. Mr. Strachan ordained Deacon on the 2nd May. Rev, Mr. Strachan ordained Priest on the 3rd tiunfe, and appointed to the Mission of Cornwall. — Rev. J^.: Strachan appointed Rector of York. - — Rev. Ralph Leeming, missionary at Barton. — Rev. Dr. Strachan appointed a member of the Ex- ecutive and Legislative Councils of Upper Canada. — Rev. W. Leeming became missionary at Chippawa. Rev. Mr. (now Bishop) Bethune commenced his min- istry in Upper Canada. ';' — Rev. Dr. Strachan appointed Archdeacon of York. Rev. Mark Bumham commenced his ministry in U. C. — " Society for Converting and Civilizing the Indians, and Propagating the Gospel among Destitute Settlers in Upper Canada," formed at York, 29th October. — Rev. S. Givins (now Rural Dean) commenced his ministry in U. C. — Rev. G. Archibold, Missionary at North Shore of Lake Huron — Mr. Cameron, his successor, appointed the Society's first Catechist at La Cloche, and after- wards at Sault Ste. Marie. Rev. T. O'Brien ap- pointed Missionary at River St. Clair. — Rev. Arthur (now Archdeacon) Palmer, M.A., com menced his ministry in U. C. 3. — Rev. William McMurray, (now Rural DeanV appointed to succeed Mr. Cameron as Society s Catechist at Sault Ste. Marie — Rev. A. Eliott, appointed Travelling Missionary, the Home District, etc. —Rev. Dr. (now Archdeacon) Fuller commenced his ministry in U. C. / * ; I .1 i; n; ■ \\ ■ le BBIEF CHitONOLOOIGAL BEOOBD OF THE 0H17B0H, ;fl .- . • r . , tv . .lyi\n\' ) odT ."v ) ANALTSIB OF THE PROCEEDIN08 OF THE BTNOD, 1851-71. 19 v.— ANALYSIS OF THE PROCEEDINGS OF THE SYNOD, FROM 1851 TO 1871 INCLUSIVE. The First meeting of the Clergy and Laity ot tlie Diocese Diocese of Toronto, (then embracing the present Dioceses of Toronto, Huron, and Ontario,) wius held (in connection with the Bishop's Triennial Visitation of the Clergy,) in the City of Toronto, on the Ist of May, 1851. There were present one hundred and twenty seven Clergy, and also one hundred and twenty-five Lay Representatives of Parishes elected at the suggestion of the Bishop. Though not yet constituted as a Synod, yet it may be regarded as the first meeting of the Clergy and representative Laity tor Synodical action. The Rev. J. Gamble Geddes, B.A., Rector of Hamilton, was appointed Secretary, on behalf of the Clergy, and Dr. James Bovell, on behalf of the Lay representatives. The chief topics discussed in his charge by the Bishop were as follows : 1. Absence in England — Visitation of the Diocese. 2. Ap- pointment of ten Rural Deans. 3. Theological Seminary at Cobourg. 4. Division of the Diocese into two or more bish- oprics. 5. Discussion of the Gorham case. 6. Decisions of the Judicial Committee of the Privy Council. 7. Papal ag- gression in England. 8. Church of England seceders to Kome. 9. Two recent despatches on the Clergy Reserves. 10. Dis- cussion of the volimtary principle. 11. Duty of the Clergy " to teach our people energy, self-reliance and enterprise m the cause of religion ;" preaching, pastoral visits, various min- istrations. 12. Discussion of the Public School system. 13.0b-. ject of calling together the Clergy and Laity. After deliver- ing his charge, two questions were proposed by the Bishop for the consideration of the meeting, as follows : — lit. Shall we, the Church of the Diocese of rbronto, take any steps to pro- tect her property and endowments? 2nd. Shall we apply for permiision n-om the Crown to hold Diocesan Synods or Convocations ? These questions were answered in the affirm- ative, and the meeting adjourned on the 2nd of May. 2. The Second meeting ot the Synod for the Diocese was held, in connection with the Bishop's Triennial Visitation of the Clergy, in the City of Toronto, on the 12th of October, 1853. One hundred and twenty Clerical members were present, and one hundred and five Lay representatives. The Rev. J. Gamble Geddes, B.A., and Rev. Thomas S. Kennedy, were appointed Secretaries on behalf of the Clergy, and Dr. 20 ANALYBIfl OF THE PROOEEDINGfi OF THE HYNOD, 1851-71. Bovell and H. Gates, Esq., on beliult' of the Laity. Of this meeting, the Bishop in his address boforo tin; Synod in June, 1857, savs, " The first act of this Second Conference was to declare itself a Synod." Tlic following were the chief matters referred to by tho Bishop in his charge: — 1. Visitation of the Diocese 1851-1853. 2. Establislnucnt of Trinity College. 3. Division of the Diocese. 4. The Public School system of the Province ; Separate Schools ; Free Schools. 5. Necessity and value of Sunday Schools. 0. Pastoral visiting from house to house. 7. Public Worship and Preaching. S. Controversy with Eome. 9. Colonial Church Kegulation Bill. 10. The Clergv Reserves, " total change In the policy of dealing with the Church property in Canada." 11. Tliird Jubilee of the Propagation Society of England. 12. Deaths of Rev, S. Armour, Rev. J. C. Taylor, M.A. and Rev. Geo. Bourne. The Synod adjourned on the 13th of October. 3. The Third meeting of the Synod was held in Toronto, on the 25th of October, 1854. N'inety-six Clerical members were present, and one hundred and fourteen Lay delegates. The Kev. J. Gamble Geddes, B.A., was appointed Clerical Secretary, and Dr. Bovell lay Secretary. The chief subjects referred to in the Bishop's address to the Synod were : — 1. An account of his visitations throughout the Diocese, especially to Manitoulin Island and Garden River. 2. Subjects for the consideration of Synod, viz., (1) A Constitution ; (2) A Cleri- cal Sustentation Fund ; (3) Church of England Separate Schools ; (4) '^ What course is it expedient lor the Synod to take in this crisis of the Church property." 3. Historical sketch of the Clergy Reserve question. 4. Appeal to take prompt action, and not to be " thrown off our guard by the superior position which we now occupy." Of this meeting the Bishop in his address of June, 1857, says, " A constitution was framed, and a declaration affixed to it, which has met with much favor throughout the Church. The subject of ecclesiastical discipline, in regard to the Clergy and Laity, was also considered and discussed at some length." The Synod adjourned on the 27th of October. , 4. The Fourth meeting of the Synod did not take place until the 1st of May, 1856. A commutation by the Clergy to the Church Society ot their capitalized shares in the Clergy Reserve Fund, took place in the meantime. One hundred and thirty-nine Clerical members, and two hundred and ten Lay delegates were present. The Rev. J. Gamble Geddes, ANALYSIS OP THE PBOCKEDINOS OF THE SYNOD, 1851-71. 21 B. A., and Dr. Bovell, wcic appointed Secretaries. The Bifihop, in his address to tlie Synod, referred with pride to the " noble and disinterested act" of the Clergy, in consenting to coinmuto their Clergy reserve stipends, whereby £188,342 stei'ling were received by the Church from the (Tovernment. The other matters brought before the Synod were : — 2. An account of his visitations, including one to the Kingston Peni- tentiary, where he baptized 60 inmates and coniirmed 86. 3. Deaths of Rev. Wm. Greig, and Rev. J. R. Tooke. 4. Re- ference to the proceedings ot Synod in 1851 and 1853. 5. Di- vision of the Diocese, in theMistern portion of which "great progress was made" in raising the endowment, while in the eastern it was different, and it was "found useless to proceed" with it. 6. Amendments to the Constitution. 7. Bishop Hobart on the power of the Bishop in Synod ; his authority provided for in the constitution of the several colonial Synods, and secured to us by the colonial secretary. 8. Resignation of the east and west portion of his Diocese placed in the hands of the Archbishop of Canterbury, by the Bishop, " to be used as soon as the new Bishops are appointed." Of this meeting, the Bishop in his address of 1857, says, "The principal matter which occupied our attention during the session was the petition to the Legislature for a bill to remove doubts respecting the action of the Synod, and in this we were successful. But being one of these measures which are reserved for the special consideration of her Majesty in Council, it had to be transmitted to England. The Church members in our Eastern [Australian] colonies, who were suftering under the same disabilities as ourselves, followed oiir example ; and one of them, Victoria, got before us in the race, and obtained a law, while our bill was under the consideration of the Imperial Government, which enables the Bishop, Clergy, and Laity, to ])rovide for the regulation of the affairs of the Church. JBad it not been for this precedent, I very much doubt whether our bill would have become law, becouse it goes much further than the Act for Victoria." The right to elect Bishops was also conceded. ♦' Much im- portant business was taken np and settled, or postponed for further inquiry, and reports received respecting the Episcopal Endowment for the proposed new Diocese of Ontario." The Synod adjourned on the 4th of May. 5. The Fifth meeting of the Synod took place (under the authority of the new Act, " To enable the members of the 22 ANALYSIS OP THE PB0CEEDING8 OF THE 8TN0D, 1861-71. United Church of England and Ireland, in Canada, to meet in Synod,") on the 17th of June, 1857. One hundred and nineteen Clerical members, and one hundred and fifty-five Lay delegates, were present. The Rev. J. Gamble Geddes, M. A., wa3 appointed Clerical Secretary, and the Rev. T. S. Kennedy, assistant. Dr. Bovell was appointed Lay Secretary. The Bishop in his address. 1. Congratulates the Synou that the Church assembled to day in all her fulnecs — the Bishop in the midst ot his Clergy and his people, imder legal authority, to manage her own affairs and to provide for her discipline and extenf)ion. 2. Brief review of the meetings of the Synods of 1851 1854, and reference "to the extensive and beneficial effects" which their proceedings "had produced throughout the whole Church at home and in the colonies." 3. Sir W. Molesworth on Diocesan self-government. 4. Division of the Diocese ; $42,000 of the $50,000 required to endow the new western Diocese collected. 5. Sustentation Fund. 6. " Act to enable members of the Church of Eng-land in Canada to meet in Svnod," — Diocesan and Provincial. The principal business transacted at this meeting was the adoption ot an address to the Queen, thanking Her Majesty for assenting to the new Act relating to the Synod. Various amendments were also made to the canons already in force. The entire Constitution of the Synod was also revised and republished. The meeting adjourned on the 18th of June. ^ A meeting of a section of the Synod of the Diocese of Toronto, was held in the City of London, Upper Canada, on the 8th of July, 1857, for the purpose of electing a Bishop for the new Diocese of Huron. Forty-two Clerical members, and sixty-nine Lay representatives of the various parishes in the new Diocese, were present. Secretaries, Rev. J. G. Geddes, M. A., and Dr. Bovell. On the 9th of July the election took place. 45 (twenty-two Clerical, and twenty- three Lay, (votes were given for the Rev. Dr. Cronyn, and 30 (twenty Clerical, and ten Lay) for the Ven. Archdeacon Bethune. The vote for Dr. Cronyn, as first Bishop of the new Diocese of Huron, was afterwards made unanimous. Previously to its adjournment complimentary addresses were adopted by the Synod, and were presented to the venerable Bisnop of Toronto, and to the Archdeacon of York. 6. The Sixth annnal meeting of the Synod of the now cir- cumscribed Diocese was held in Toronto, on the 10th of Juno, 1858. Eighty-nine Clerical, and eighty-eight Lay members ANALYSIS OF THE PROCHEDINGS OP THE SYNOD, 1851-71. 23 were present. Rev. Dr. Lett wna appointed Clerical, and Dr. Bovell Lav, Secretary. The Bishop in his address refers : 1. To the recent election of Dr. Cronyn as Bishop of Huron, and his consecration at Lambeth. 2. Visitation of the Diocese, especially of the Indian missions at Manitoulin Island and Garden River. The principal business transacted was the consideration of a report on the Ene^lish Church Canons, as applicable to Canada, and the adoption of Canons on the division and formation of parishes ; the constitution of vestries for free churches. Reports on Church Music, the Hymn Book, Separate Schools, and Sustentation Fund, were also considered or adopted. Resolutions were passed relating to Indian Missions, and the increase of candidates for tli.e Christian Ministry ; to the observance of the Lord's day, and temperance. Delegates wore for the tirst time appointed to the Frovincial Synod. An address of sympathy to the Church in India in connection with the Sepoy mutiny was adopted. The meeting adjourned on the 11th of June. An adjourned meeting of the Synod was held in the City of Kingston, on the 14tli of September, 1858. Eighty-four Clerical, and sixty Lay members were present. In his ad- dress, the Bishop referred to, 1. The death of Rev. R. Blakey; to two Acts of Parliament recently passed, (1) An explana- tory one relating to the Diocese of Quebec, so as to enable it to take part in the Provincial Synod, (2) To establish a " Church Society" in Huron Diocese. 2. Episcopal Fund for new Diocese at Kingston as yet " tails sliort. 3. Sustentation Fund. 4. Church Discipline. The chief business transacted was the appointniont of various committees, and the adoption of a report on the Sustentation of the Clergy, and on Separate Schools. Resolutions were also passed relating to Registra- tion of Church Deeds, Endowment of Parishes, Temperance, f See, Clergy trust fund, registration of deeds and an inebriate asylum, irere after consideration, adopted. Resolutions on separate schools, and on the revival of the diaconate, were also after considerable discussion, adopted by large majorities. The Synod d^djourned on the l2th of June. 12 The Twelfth session of the Synod commenced on the 8th of June, 18fU. Sixty-live clerical, and eighty-six lay members were present. The Rev. J. Gamble Geddes, M. A., and Dr. Bovell were appointed secretaries The Bishop re- ported his confirmation tours. 2. Gratefully acknowledged 14,000, left by Rev. "Wm. Leeming, (43 years rector of Chip • pewa,) and devoted to the establishment of a "Leeming Mis- sion Fund ;" also $8,000 with which Thos. C. Street, Esq., had endowed the Chipjiewa parish and enabled him to divide it. 3. The " Oxford declaration" against the " Essays and Reviews" with tlie names of all the clergy appended forwarded to England, through the Metropolitan. 4. " Essays and Re- views discussed. Reports on Sunday schools, endowment of see, mission and commutation funds, building and repairing parsonages, registration of deeds, &c., were adopted; other reports were defen-ed until next year. A resolution condem- natory of a late decision of the judicial committee of the Privy Council, in the case of the Rev. Dr. Williams, was passed, also one relating to temperance. The Synod adjourned on the 10th of Jime. .... . -■ . - . - ANALYSIS OF THE PROCEEDINGS OP THE SYNOD, 1851-71. 27 13. The Thirteenth session of the Synod commenced on the 14th of June, 1865. Eighty clerical, and one hundred hy, members were present. The Kev. J. Gamble Gcddes, M. A. and Dr. Bovell were appointed secretaries. In his address, the Bishop refers to, 1. " The continuance of the great and general depression by which this country has been fur some time af- fected." 2. Discusses " the late unhappy judgment of the Pi ivy Council." 3. The " inadequate support of the Clergy, a subject of deep and anxious concern." i he usual E.cpoi-3 were presented and received, including special reports < n the Church Temporalities Act, the incorporation of the Synod, the election of a Coadjutor Bisliop, and the compilation of the Canons and Resolutions of the iSynod. A canon providing for the election of a Coadjutor Bishop, was adopted, also reso- lutions providing for the establishment of a Church School for Girls, and tor the selection of a suitable place for a Synod House. The Synod adjourned on the IGth of June. 14. The Fourteenth Session of the Synod commenced on the 8th of August, 1866. Seventy-six clerical, and one hun- dred and eighteen lay members, were present. The Rev. J,. Gamble Geddes, M.A., and Dr. Bovell were appointed secre- taries. In his address, the Bishop explains how the excite- ment caused by the Fenian raid at Ridge way had delayed the assembling of the Synod. 2. Refers to the late " bountiful harvest." 3. The duty of bestowing a liberal support on the Clergy. 4. The Metropolitan of Capetown and the Colenso heresy. 5. Revival of Ritualism. 6. For reasons given, the Bishop urges the election of a Coadjutor Bishop. The usnal reports were presented and adopted, also a special one on the incorporation of the Synod. The canon providing for tlie election of a Coadjutor Bishop was confirmed, and a meeting for that purpose fixed for the 19th of September. A memo- rial to the Legislature was adopted, praying for the establish- ment of schools in cities and large towns for poor and indi- gent children. The Synod adjourned on thelOth of August. A Special Session of the Synod was held on the 19th of September, 1866, for the election of a Coadjutor B,tliop. Eighty clerical and one hundred and sixty-three lay memhei-a were present. In the absence of the Kev. Mr. Geddes and Dr. Bovell, Rev. Edmund Baldwin, M.A., and S. B. Harman, Esq., D.C.L., were appointed secretaries. Alter an jippropri- ate address from the Bishop the election was proceeded with. 28 A.NALT8I8 OP THE PBOCEEDIXGS OF THE SYNOD, 1851-71. The votes given for the various candidates were as follows : — in Ballot. 1 2nd Ballot. i 8rd Ballot. 1 CANDIDATES. • e o 5? 1^ 1 H 8 •c i ^ Yen. Archd. Bethune, D.D., D.C.L. Rev. Prov. Whitaker, M.A. Rev. Dr. Fuller Rev. H. J. Graaett, B.D 1 42 26 16! 60 39 21 i 56 27 29 28 14 14 44 65 62 22 4 8 26 43 27 11 1 18 22 35 11 3 8 i 41 65 65 22 2 8 24 42 28 13 1 • ■ 17 23 37 9 Scattering votes* Lost Lay votes 5 3 12' .. 1 2 12 1 8 j 4lh Ballot. 6th Ballot. 6th Ballot. ' CANDIDATES. "c 14 22 42 6; 8 o 3 "3 u «> 5 5 Ven. Archd. Bethune, D.D.,D.C.L. Rev. Prov. Whitaker, M.A Rev. Dr. Fuller , . . 37 64 69 Id 8 23 42 27 13 36 60 72 19 3 8 23 44 28 12 1 ■ ■ 13 22 44 7 2 8 1 39 69 ; 62 19 1 8 25 44 26 11 1 14 25 m Rev. H. J. Grasett, B.D 8 Scattering votes Lost Lay votes 8 7th Ballot. 8lh Ballot. f 9th Ballot. CANDIDATES. ^ — •! ■4.A C! ^ ^ 5 ^ "3 O El 1 Hi 73 o •3" u Ven. Archd. Bethune, D.D., D.C.L. Rev. Prov. Whitaker, M. A.* Rev. Dr. Fuller i 38i 24 14 67 42 25 60 23 £7 18! 11 7 2| 1 1! 7 -.1 71 45 65 55 20 5 27 37 21 13 18 28 34 5 100 2 54 13 9 5 63 1 22 8 8 47 1 32 Rev. H. J. Graaett, B.D Scattering votes Lost Lay votes 6 1 5 ) j * Rev. Provost Whitaker retired after the ei^ih ballot. The scattering votei were given for Rev. J. Gamble Geddei, M.A., Her. A. Palmer. M.A., Rev. Dr. Bearen, Right Rev. Bishop Anderson, and Rev. W. F. Checkly, M.A. ANALYSIS OF THE PROCEEDINGS OF THE STNOD, 1851-71. 29 On the ninth ballot the Venerable A. N. Bethunc, D.D., D. C. L., Archdeacon of York, received the requisite number of votes from both orders, and was declared by the presiding Bishop as duly elected Coadjutor Bishop of the Diocese of Toronto. He was on the 25th January, 1867, consecrated Bishop of Niagara, in the Cathedral Church of St. James, Toronto. The Bishops who took part in this ceremony were those of Toronto, (the presiding and conseciatinff Bishop), Huron, Ontario, Michigan, and Western New York. The Synod adjourned on the 2l6t September, 1866. 15. The Fifteenth Session commenced on the 11th of June, 1867. Seventy clerical and eighty-seven lay members were present. The Rev. J, Gamble Geddes, MA., and Dr. Bovell were appointed secretaries. The venerable Bishop of the Diocese delegated tohis Coadjutor, the Bishop of Niagara, the duty of presiding over the Synod. In his address, Bishop Bethune reports his visitations. 1. Discusses the state of the " Christian world outside of us :" the Church in the U.S., in our Motherland and in South Africa. 3. Unauthorized practi^ts in the services of the Church in England. 4. " Revival of sound Church feeling in the Mother country" pushed to ex- tremes. 5. Ritualism and its extravagancies. 6. Approach - ing Pan-Anglican Svnod. 7. The mission field and stipends of the clergy. 8, The Church Society. The most important business transacted was the adoption of a memorial to the Provincial Synod on the innovations of ritualism. A fund was provided to enable the Coadjutor Bishop to attend the Pan-Anglican Oenference of Bishops in London, The Synod adjourned on the 14th of June. 16. The Sixteenth Sf't-sion of the Synod commenced on the 9th of Jime, 1868. Ninety-three clerical, and one hundred and sixty-two lay, members were present. The Rev. Mr. Geddes having declined re-election, the Rev, A. J. Broughall, M.A., and Dr. Bovell were appointed Secretaries. The ven- erable Bishop Strachan havdng been summoned to his rest on the 1st of November, 1867. Bishop Bethune succeeded him in the See of Toronto. In his opening address he touchingly re- ferred to the decease of the venerated Prelate. 2. Consecration of Christ's Church Cathedral, Montreal. 3. Confirmation tour as far as Fort William. 4. Application made last year to the Propagation Society for " £500 sterling per annum for five years, to aid us in our missionary efiorts," as yet unsuc- cessful. 5. Value of statistical information and briei reports of ' J 30 AWALT6I9 OF THE PR0CEEDIN68 OF THE 8TN0D, 1 851-Yl. misBionary incidents, etc. 6. The Pan-Anglican Synod. T. Nov'elties in Ritualism. 8. Disendowment in Ireland. 9. Suggestions on public p istoral ministrations. An address of sympathy to the family of the late revered Diocesan was adopted by tlie Synod. Memorials to the Provincial Synod were also adopted on the subiect of ecclesiastical law, and the service for the Burial of the Dead. A memorial to the Legishiture on Ragged Schools was adopted, and a peti- tion to tlie Queen on the disestablishment of the Irish Church. A canon on Church property was passed. A memorial in the shape of a resolution was adopted, urging the Provincial Synod to give ifs early and best attention to the subject of the ap- pointment of a Missionary Bishop to the Indians. A petition to the Governor General and Legislature, on the subject of an Inebriate Asylum for the Province, was adopted The Synod adjourned on the 12th of June. ' IT. The Seventeenth Session of the Synod commenced on the 15th of June, 1869. It was the first held under the Act incorporatinr^ with it the Church Society of Toronto. One hun- dred and four clerical, and one hundred and sixty lay. members Mere ]>re^ent. In the abpence of the Rev. Mr. J^roiighal], the Rev. C. J. S. Hethune, M. A., was appointed Clerical Secretary, and Dr. Bovell, Lay Secretary. Ihe Bishop in his address, referred to the absoi-j^tion of the Church Society with the now Incorporated Synod of the Diocese. 2. Death of the excellent Metropolitan, iind the amiable Pnmate Longley. 3. Memoir of the late Bishop. 4. Bishop Strachiin School. 5. Confirmation tours. 6. Duty of furnishing the statistical information asked for. 7. Variations in the performance of Divine Service. 8. Marriage and Divorce. 9. Mission M^ork hmdered by unwir-o suspicions and distnist. The chief business before the Synod was tlie adoption, ttinporarily, of a constitu- tion under tlie Act of incorporation, and the discussion of yarious resolntions ence necessary. 6. The Patron- age Question discussed. 7. Bishop Straehan School. 8. Pro- vincial Hymnal. Tlie principal items of business before the Synod were, the ado])tion of a permanent Constitution under the Act of Incorporation ; the discussion of the Rectory-Patron- age question ; determininpjthe amount of stipends of Missiona- ries; authorizing the establislnnent of a Diocesan Sunday School Association ; providing for an annual Diocesan Missionary Meeting as part of the Synod businct-^;; discussions on the Clergy Trust Commutation Re])0i*t, and the Executive Com- mittee's Report on the Bishop Straehan School. The Synod adjourned on the 28tli of June. 19. The Nineteenth Session of the Synod commenced on the 20th of June, 1871. One hundred and sixteen clergymen and t»ne hundred and fifty-one lay re]>resentatives were pres- ent. The Rev. C. J. S. Betliune, M.A., was appointed cleri- cal, and J. George llodgins, Esq., LL.D., lay secretary. In his address, the Bishop reviewed the progress of the vear. 2. Death.s of Rev. B. C. Hill, M.A., and Rev. J. Pentland. 3. Con- firmation tour. 4. Healthful j^rogress of the Church. 5. In- creased stipends. G. Diocesan Mission Board By-law. 7. Lay helpers. 8. Patronage question. 9. Success of the Sunday School Convention. 10. Secret societies within the Churcn objectionable. 11. Prayers for the dead. 12. The new trans- lation of the Bible. 13. The new Lectionary. The chief business before the Synod was, the adoption of a by-law on Patronage of the Rectories ; one on the Diocesan Mission Fund, and AVidows and Orphans Fund ; a memorial on Mis- sionary Bishops, on Lay Readers, and on the Increase of the Diaconate, etc. The Synod adjourned on the 24th of June. 32 GKIUUI 6Ixmi«UL SUHMAitV ., ,y„oD HEBnsGS, 1851-71. 6. GEXERAL STATISTICAL SUMMARY or THE MEETINGS Or SVKOD, ,B0« :SM TO :s„, IKCLUSITE IS&l 1858 18M B 1657 9 10 11 12 13 14 IS 16 n 18 1» ^ay 1, 2.. Oct. 12, 18. Ocl 25, 'ir Majrl,2... Jane 17, is, 1858 Toronto.. 1853 lo60 1861 Ititfl l9«a 186-3 ISfrt ise , leiM l;>6(i le>«7 l!^ 1»>9 1*J IttTl [June lu, il. "ept. K le Juie7, 1 . June 12, 15. Sept 7,8 . June iz, 13. Jane 25, 27. iJuiie rj, 2't. jJune, 9, 12 . Mar.e », 10.. 'Vune 14, 16. [Augtui 8, lu I fpi. 19,21. rJune 11, 16. [June J>, 12 (June 15. 2-2. iJuue 21, 'J:i.i IJu e^, 20.1 London*.. Toromo.. Kiniiiton. I'orouto . . u (4 KtngiK jn* Teroiito . •I •i • i 127, 127 120; 1 5 96 114 139. 210 li9| 155 ' »9 ■ 88 84; 60 111 120 115 116 "63"jii 71 70 69 84 65 166 65 Hh\ bO looj T6 lib Clerical. J. G. Geddes.. Dr.Bovell T. 8. Kennedy H. Gateg.. J. 0, Geddes ..jor. Bo veil. T.S. Kennedy Dr. Lett Treasurer. (. None j "PPOinted. G. W. Allan. J. W. Brent. ' T.S. Kennedy. J- 6. Geddes I. 14 • 8i» lb« k( 4i 70 87 i( 93 IHZ 44 104 ItiO 44 115 171 *1 116 161 44 ' E. Baldwin. ' JG. Geddes... A. J. Broughall. C. J. S. Betbunej 4. S.B.Hannan Dr. Bo veil . Dr. Hodffins W.P.Atlinson. ^^^F"^'^^^^^^t^^J^^i^^^, PART II. CHAPTER I. §t(UmUn of §ntt$li ^lortb American ^liislton^. {Being Minutes of a Conferciice of the Bishops of QuebeOy Toronto^ Newfoundland^ Fredeiicton^ and Montreal^ holden at Quebec, from Septemher 24M to October l*t, 1851.) 1. Pkelimijmary Statement. We, the undersigned Bishops of the Xorth American Col- onies in the Province of Canterbury, hc.ing had opportunity granted to us of meeting together, have thereupon conferred with each other respecting the trust and charge committed to our hands, and certain peculiar difficulties of a local nature which attach to the same. AVe desire, therefore, in the fii*st place, to record our thauklulness that we have been so permitted to assenil>le, and •ur sense of the responsibilitv lying upon us before God and fhe world to promote the glory of His great name, to advance the Kingdom of His Son, to seek the salvation of immortal souls, and, what we feel to be inseparably united with these objects, to establish and extend, wherever there is a demand for her services, the system, the teaching, the worship, and the ordinances of the United Cliurch of England and Ireland. We feel that, in the prosecution of this great work, we are surrounded by many discouragements, embarrassments and hindrances, which, by the grace of God, we are prepared patiently to encounter, and, while they may be appointed to continue, patiently to endure, but for which, nevertheless, it is our duty to seek all lawful remed}-, if such remedy is to be found. We have therefore prepared the statement which follows, of our views in relation to these subjects of our care and soli- citude ; and we desire to commend it to the favourable con- sideration of our Metropolitan, his Grace the Lord Arch- bishop of Canterbury, in the hope that he may be moved to 1 34 DEOLAHATION OF BRiriBH NORTH AMERIOAN BISHOPS. I|i' i i\'[ ru assist us in obtaining relief from those evils of which we have to complain, as well as to counsel us in the disposal of ques- tions which come before us in the exercise of our Ei)iscopal duties. II. Convocation in Diocesan and Provincial Synods. In consequence of the anomalous state of the Ciiurch of England in these Colonies, with reference to its cjenerul gov- ernment, and the doubts entertained as to the validity of any code of Ecclesiastical Law, the Bishops of thc.^o Diouese« experience great dithcultj in acting in accordance with their Episcopal commission and prerogatives, and their decisions are liable to misconstruction, as it emanating from their indi- vidual will, and not from the general body of the Church ; we therefore consider it desirable, in the iirst place, that the Jjishops, Clergy and Laity of the Church of England in each Diocese should meet together in Synod, at such times and in such manner as may be agreed. Secondly, that the Laity in such Synod should meet by representation, and that their representatives be communicants. Thirdly, it is our opinion that, as questions will arise from time to time which will affect the welfare of the Church in these Colonies, it is desirable that the Bishops, Clergy and Laity, should meet in council under a Provincial Metropolitan, with power to frame such rule^r? and regulations for the better conduct of our ecclesias- tical affair8^)y the said council may be deemed expedient. Fourthly, tliat the said council should be divided into two houses, the one consisting of the Bishops of these several dioceses under their Metro])olitan, and the other of the pres- byters and lay members of the Church assembled (as before mentioned) by representation. Upon these grounds it appears to us necessary thata Metropolitan should be appointed for the !North American Dioceses. '" III. Conditions of Church Membershii'. Doubts being entertained as to who are to be regarded as members of the Church of England in these Colonies, and as such, what are their special duties and rights, we are of opinion that Church Memberehip requires (1) admission into the Christian covenant by holy baptism, as our Lord com- manded, " in the name of the Father, and of the Son, and of the Holy Ghost ; " (2) that all Church members are bound, according to their knowledge and opportunities, to consent DECLARATION OF BBITISH NORTH AMERICAN BISHOrS. 35 and conform to the rules and ordinances of the Church, and (3) accordinn; to their ahjlity, and as God liath blessed them, to CDHtrihuto to the support of the Churcli, and especially of those who minister to tiiem in holy things. Upon the fulfil- ment of these duties, they may, as Church Members, claim at our hands, and at the hands of our Clergy generally, all customary services and ministrations. We cheerfully recognise the duty and privilege of preaching the Gospel to the poor, and of allowing to those who can make us no worldly recompense the ^ame claim upon our services, in public and in private, which we grant to the more ■wealthy members of our flock. We are further of opinion that Church Members in full communion, are those only who receive, with their brethren, the Sacrament of the Lord's Supper, nt the hands of their lawful niin'sters- as directed and enjoined by the Canons and Rubrics of our Prayer Book. Persons chosen as representa- tives of any parish or mission to atterd any Synod or Convo- cation, should in every case be members ol the Church in full communion IV. Canons of 1603-4. Although it is confef?«edly impossible under existing cir- cumstances to observe all these Canons, yet we are of opinion that they should be complied with so far as is lawful and j>racticable. Put inasmuch as the retention of rules which (raniiot bo obeyed is manifestf^ly inexpedient, and tends to lessen the respect due to all laws, we hold that a revision of the Canons is highly desirable, provided it be done by compe- tent authority. y. AkTICLES AND FoR^rUL ARIES DoCTRINAL STANDARD. Whereas the multiplication of sects, among those who pro- fess and call themselves Christians, appealing to the same Scriptures in support of divers and conflicting doctrines, ren- ders a fixed and uniform standard and interpretation of Scrip- ture more than ever necessary, we desire to express our thankfulness to Almighty God for the preservation of the Book of Common Prayer, our entire and cordial agreement with the Articles and Formularies of our Church, taken in their literal sense, and our earnest wish (as far as in us lies) faithfully to teach the doctrines and to use the otKces of our Church in the manner prescribed in the said book. And wo desire that all the members of our Church should accept the ■■^ -> r ! 36 DECLASATION OF BBITISH NORTH AMERICAN BISHOPS. M SI iii! tetoching of the Prayer Book, as, UTider the guidance of the Holy Spirit, their best h'^lp in tho understanding of Holy Scripture, and as the ground-work of the religious education of their children. VI. A Bishop may authorizb Division of the Mokninq Service. . . We are of opinion that the Bishop, as ordinary, may au- thorize the division of the Morning Service, by the use of the Morning Prayer, Litany, or Communion Service, separately, as may be required ; but that no private Clergyman has au- thority, at his ovrn dircretion, to abridge or alter the Services or Offices, or to change the Lessons ot the Church. VII. Uniformity of Psalms and Hymns. Whereas the multiplication in Churclies of different Hymn Books, published without arthoritv, is irregular m itself, and has a tendency to promote division among us, we are of opinion that a judicious selection of Psalms and Hymns by competent authority would tend nuich to the furtherence of devotion and to the edification of pious churchmen. VII. UwiFORMrrY of Practice at the Offertory. We ar^ opinion that it is desirable and seemly, and would tend to a uniformity of practice among us, that whenever a collection is made after Sermon, in time of Morning Prayer, the offertory sentences should be read, and the prayer for the Church Militant should be used. IX. Holy Commchiox. — Ckktifioatks of Membership on Removal. We hold it to be of great importance that the Clergy should attend to the directions ef tlie Rubric which precede the administration of the H<^iy Communion, respecting " open and notorious evil livers, and thv.se who have done wrong to their neighbors by word or deed, and those also betwixt whom they perceive m;ilice and hatred to reign," and that members of the Church should signify to the Minister their intention to present themselves at the Holy Table, especially when they arrive in any place as strangers, or when, being residents in such place, they are purposing to communicate for the first time. We conceive that it would greatly promote the wel- i l?i DECLARATION OF BRITISH NORTH AMERICAN BISHOPS. 37 fare of the Church if our members, who may be travelling from one place to another, were furnished with a certificate of their membership and of their standing in the Church. X. Marriages within the Prohibftbd Degrees. We hold that a Clergyman knowingly celebrating marriage between persons who are related to each other within the prohibited degrees, set forth in a table of degrees published by our Church in the year of our Lord God, 1563, is acting in violation of the laws of God and of the Church, and is liable to censure and punishment ; and that persons who con- tract such marriages should not bo admitted to the Holy Communion, except upon repentance and putting away their sin. And we recommend that the aforesaid " Table of Pro- hibited Degrees " should be put up in every Church in our Dioceses. We are further of opinion that injustice is done our Church in withholding from our Bishops the power of granting Marriage Licenses which is exercised by the Bishops of the Koman Catholic Church ; and that in several Dioceses great irregularities, and grevious evils prevail, in consequence of the defective state of the Marriage Law. We also hold that the Clergy of our Church should abstain from celebrating a marriage between persons, both of whom professedly belong to another communion, except in cases where the services of no other Minister can be procured. XI. Parish Eegisters Should be Kept. We would earnestly recommend to the Clergy of our Dio- ceses (even though it should not be required by the civil law) to keep accurate Registers of Manages, Baptisms, and Burials, in their several Parishes or Missions. XIL Intercommunion wmi other Reformed Episcopal Churches. We are of opinion that it is mucli to be desired that there should be no let or hindranco to a full and free communion between ourselves and other Reformed Episcopal Churches; axid therefore that where we derive our orders from the same source, hold the same doctrines, and are virtually united as members of the same body of Christ, these impediments which (as we are advised) are now in force through the opera- tions of the civil law, ought to be removed. 38 DISCLAltATION OP BIirriSH NORTH AMERICAN BISHOPS. XIII. Education. (a) General. "Whereas systems of education are very generally introduced and supported in these Colonies, either (I) excluding religious instruction altogether from the schools, or (2) recognizing no distinction between Roman Catholics and Protestants ; where- by no opportunity is afforded us ot bringing up the children of our communion in the special doctrines and duties of our faith, to the manifest depiavation of their religious principles, and with crying injustice to the Church of England, we desire to express our decided conviction : 1. That all education for the members of our Church should be distinctly based on the revealed religion of the Old and New Testaments, with special reference to their duties and privileges as by baptism regenerate, and made God's children by adoption and grace. 2. That all lawful and honourable methods should be adopted to move the Colonial Legislatures to make grants to the Church of England as well as to the Roman Catholics, and other religious bodies, as they may require it, and accord- ing to their numbers respectively, for the education of the member." of their own communion. (b) Sunday Schools. 1. We desire to express our sense of the importance, in the existing state of the Church, of Sunday schools, especially in large towns, and we thankfully acknowledge the benefits which have resulted from the labors of pious teachers both to themselves and their scholars, under proper direction and superintendence. In every possible case, the Sunday schools should be under the personal direction and superintendence of the Minister of the parish or district : or otherwi^^e the Minister should appoint the teachers, choose the books, and regulate the course of instruction ; that there be no contradic- tion between the teaching of the school and the Church, all Sunday scholars should be instructed in the Church Catechism, and regularly taken to Church. 2. We would carefully guard against the assumption that instruction in the Sunday school, even by the Minister of the parisli, may be allowed to supersede the directions of the Rubrics and Canons, and on the duty of catechizing in Church ; for we distinctly recognize and affirm as well the great importance, as the sacred obligation, of those directions. DECLARATION OF BCITIflH NOBTH AMEBICAK BISHOPS. 39 it [g le In (c) Schools Jor the Higher Classes. Schools for the higher classes of both sexes are much re- quired, with particular reference to assisting the Clergy in the education of their own children. • (d) One University for British North America. Although we consider it of great importance that each Bishop should connect with his Diocese some college or like institution for the special training and preparation of young men for the Ministry of the Churcii ; we believe that one University tor the North American Provinces, with founda- tions for each Diocese, on the model of the two great Univer- sities, will be required to complete an educational system, as well for lay students in every department of literature and icience, as fjr the students in theology and candidates for the sacred Ministry. Ce) Training for the Ministry. In addition to the general studies pursued in the college or university, we deem it highly desirable that candidates for the Ministry should apply themselves, under competent direc- tion, to a systematic course of reading in theology tor at least one whole year, or longer if possible, previous to their taking holy orders ; and that they should likewise be instructed in the duties of the i^astoral office, in correct reading and deliver- ing of sermons, in church music, architecture, &c. (f ) Diocesan and Parochial Libraries. We deem it very desirable also that libraries should be formed in every Diocese under the direction of the Clergy, both for the Clergy tliemselves and for their parishioners. XIV. The Order of Deacons. We would wish to discontinue the practice which the neces- sities of the Church have sometimes forced upon us, of entrust- ing large independent spheres of duty to young and inex- perienced men in Deacon's Orders, deeming it desirable that every Deacon should, if possible, be placed under the direction of an experienced Priest. XY. Maintenance of the Clergy by the People. While we hold it to be the duty of Christian governments to maintain inviolate whatever endowments have been law- fully and religiously made for the establishment, support, or extension of the Christian religion ; and while we acknowledge, with heartfelt gratitude, the aid given to our missions by the 40 DECLARATION OF BRITISH NORTH AMERICAN BISHOPS. Yeiierahle Society for the Propagation of the Gospel m Foreign Parf.8^ to whose fostering care and bounty the Church in these Colonies owes, under God, its existence and means of usefulness, we desire to record our conviction that the Ordin- ances of the Church will never be rightly valued, nor its strength fully developed, until the people, for whose benefit the Clergy minister in holy things, furnish a more adequate support to tho institutions and to the Clergy of their Church. Further, as t'le Society, in consequence ot numerous and in- creasing claims in all parts of the world, is compelled gradually to withdraw its aid, we desire to impress on all our flocks the duty of fiiltilling their obligations in respect ot the payment of their Ministers; and with a view to this object, we recom- mend that the Churchwardens in each parish or mission should furnish every year 1^0 the Bishop a written return, duly certi- fied by themselves and the Clergyman, of the sums paid to his support for the current year. XYI. Conclusion. Lastly, while we acknowledge it to be the bounden duty of ourselves and our clergy, by God's grace assisting us, in our several stations, to do the work of good evangelists, yet we desire to remember that we have most solemnly pledged ourselves to fulfil this work of our ministry, according to the doctrine and discipline of the Church of England, and as faith- ful subjects of Her Most Gracious Majesty Queen Victoria, "unto whom the chief government of all estates of this realm, whether they be ecclesiastical or civil, in all causes doth ap- pertain, and is not, nor ought to be, subject to any foreign jurisdiction." And we cannot forbear expressing our unfeigned thankfulness to Almighty God that he has preserved to us, in this branch of Christ's Holy Church, the assurance of an Apos- tolic commission for our Ministerial callling; and together with it, a confession of pure and Catholic truth, and the tulness of sacramental grace. May He graciously be pleased to direct and guide us all in the use of these precious gifts, enable us to serve him in unity of spirit, in the bond of peace, and in righteousness of life, and finally bring us to His Heavenly Kino-dom, through Jesus Christ our Lord. (Signed.) G. J. QUEBEC. JOHN TORONTO. EDWARD NEWFOUNDLAND. JOHN FREDERICTON. F. MONTREAL. DEOLAEATION OF THE CANADIAN BISHOPS. 41 CHAPTER II. In First Provincial Synod Aaaembled, 1861. ned in 03- her less ect sto in nly [D. I. — Pebliminary Declaration. We, the Bishops of the United Church of England and Iro land, within the Province of Canada, together with the iJele- gates from the Clergy and Laity of the iJiocesan Synods, now assembled in the tirst iSyiiod under Uoyal and constitutional authority, and intending under God's blessing and guidance to consider and determine upon such matters as shall appear necessary fur the welfare of ilie Cnurch in this Province, de- sire to express our hearty and liu.uble thanks to Ahnigaty God, that it has pleased llim in liis Providence to set over us a Metropolitan, and thus enable us, as in tne ancient day>, to assemole as one body, under the direction of His Holy Spirit, whose aid we n.jw invoke, in tiie name of His only begotten Son, for the consolidation and advancement oi Hia kingdom in this Province. II. — Unity of the Chukch — Hee Docteinal Standards. Before entering on the business for which we are at p!es2nt assemoled, we desire pubLoi/ to declare tiie pnncipico upju which we propose to proceed. We desire tlie Church in this Province to continue, aa it has been, an integral portion of the United Cnui'cU oi ii.iig- land and Ireland. As members of that Church, we recognize the true Canon of Holy Scripture, as set forth by tn..t wuurcli, on tne leaii- mony of tiie l^rimitive Cathuiic Cnurch, to oe the rule and standard of faith ; we aciiuowledge tuu iiook oi Common Prayer and Sacraments, together with the Ihirty-ninc ^^r- ticlus 01 ileligion, to be a true and faitnlui ceoluraiion ol tiic doctrine contained in Holy bcripture ; wu maintain the lorm of Cnurch goverumeut by iiisnops, Jr'iiesLs, and beacons, as SoripcUial and Apostolical ; aud we declare our rirni and ♦ Via, ; The Buhopi of MouUtil, Qaobec, Torouto, Uuiou and Oatui ii>. 4: i i 42 DECLARATION OF THE CANADIAN BISHOPS. unanimous resolution, in dependence on Divine aid, to pre- serve those doctrines and that form of government and to transmit them to our posterity. In particular we maintain the ancient doctrine of our Church, that the Queen is rightfully possessed of the chief government and supremacy over all all persons within her dominions, whetlier ecclesiastical or civil, as set forth in the 37th of tlie Articles of Religion ; and we desire that such supremacy should continue unimpaired. in. SURTECTS OF SyNODICAL AcTiON. It is our earnest desire and determination to confine our deliberation to matters of discipline, to the temporalities of the Church, and to such regulations of order or modes of opera- tion, as may tend to her efficiency and extension ; and we desire no control or authority over any but those who are or shall be members of t!ie same Church. We conceive that the following, or such like objects, may fitly come under our consideration, and to action on our part : 1. To form a Constitution for this Synod, and to regulate the time and place of the meetings, and the order and manner of its proceedings. 2. To provide for the proper exercise of ecclesiastical disci- pline, in regard to both Clergy and Laity, by modifying and enacting Canons, and by establishing and ordering a Court of Appeal. 3. To provide, with the consent of the Crown when needed, fit regulations for the appointment of Bishops, Priests, and Deacons, in accordance with the Canons of the Universal Church, 4. To provide, with the consent of the Crown, for the division of the Province into new Dioceses, as occasion may require. 5. To procure from the Colonial Legislature any laws or modifications of l»ws. which the circumstances of the Church may require. 6. To promote the further consolidation and united action of the whole of the Dioceses of British North America. lY. Prater for Divine Guidance. Proceeding upon these principles, which, as we humbly thank God, were, under his guidance, first among the Colo- nial Churches, publicly &et forth amougst om'selves, and have DECLABATION OP THE QFEEn's 8UPKEMACT. 43 ^av^e'ZfT^^^^^ our brethren tl^rougl, a laige pait ot the Colonial dominions of onr beloved Queen we hnnly rely and depend upon His continnerbrelinaai d umtv and peace, may ever be with us, and so chasten c.ur affections, punfj- our motives, and guide our iudan.ent thai we may be enabled to contribute to the efficiencv com- r" and stability of the Church in this land ^^'''''''•^' "'''''^^'^^ are or manner CHAPTER III. Stclmtion of tU (Qnmx*^ 3mmmj. Adopted by the Synod of the Diocese of Toronto, 11th Jum, 1858. « had^noT^'t^MM'^'^'""''*""^ power (forasmuch as the same natli no establishment or ground by tlic law of God) is tor SanniroroTod-'''° ^"^\^^' ''''''''''' '^ -^ theXe no r^al n «nr ?H'^°^« «.^ Subjection, within Her Majeetv's hnt fh. n '^^"""■"^"^' '^ <^»e unto any such foreign power • but the Queen's power, within her realms of England ScoV and and Ire and, and all other her dominions or countre IS the h.ghes power under God ; to whom all men ."we in: habitants as born within the samP do hv r^^rV \ a«o lattei part of Section U of the procef ding Chapter II.) ^ 44 DECLARATION ON THE PAST OF SYNOD, DIOCESE TOEONTO. CHAPTER lY. ^tthViitim $n tint part of the ^i)uo(l of tht ^mm of Eorout?. Adopted hy the Synod on the 26iii of October, ISSJf. I ! i I I. rKELnnxAKY Declaration. We, tlio Bishop, the Clergy and Representatives of the Laity of the United Chuicli or England n id Ireland, within the Dioc se ot Toronto, assembled in Fynui., and intending, undjr Goal's blessing and guidance, to coi 8i<.erai,d dcttimihe upon such matters as shall appear m ces^ary t<>r the weltare of tlie Charch in this Diocese', desire, in the tlrst place, tor the avoiding of all mi^under-tandii g and scandal, to make a declarncion of the principles uvjon which we purpose to proceed. II. Unity of the Church — Her Doctrinal Standards. AVe desire that the Church in this Colony shall continue, as it ha> been, an integral poriion of tiie Lni^ed Church of England and Ireland. A^ members of that Church, we recognize the true Canon of Holy Scripture, as received by that Church, to be the rule and standard of faith ; wc acknowledge the Bock if Common Prayer and Sacraments, together Mith tie Thirty nine Articles of Hell gion, to be the true and faithful declaration of the doctrines contained in Holy Scripiure; we mainta.n the form of Church government b}' Bithops, Priests and Deacons, as Scriptural and A|'0^tolical ; j ud we declare our firm and nnaniiuous resolution, in dependence on Divine aid, to preserve those doctrines ai d that form of Church govern- ment, and to transmit them to our posterity. In partiiular, we uph- Id the ancient doctrine of ou' Church, that the Queen is rightly possessed of the chi. government or supremacy over aU persons within her domin- ions, in all causes, wm ther ecclesiastical or civil ; and we de- sire that such supremacy should continue unimpaired. i '0. DECLARATION ON TI. T/ KT OF THE TORONTO STNOn. 45 ;w t>t of tie within :endiiig, ttrniihe we Hare ace, tor make a pose to )ARDS. outinne,^ iiucli of Caiion the rule 'omn.on rty nine elaration ;nainta.n ests and lare our ine aid, gove"n- of ou- ;he chit i" r domin- d we de- ll. III. Subjects x 'i Synodical Action. It u onr enrno^t wish and dor* 'inition to con '"e our de- liherations a?id actions to matt. -^ disciplino, to the tem- p iralitiee of tlie Churci'. ■ nd to f resrulations of order as may t>'d to her ."^Hc :r and eA.vjn7.i0n ; and we tl^sire no contr • authority » p.ny but tliose wlio are, or shall be, raembc four own Chu/oh. We c<. .r-eive that the following, o'^d puch like objects, may fitly 'jome under our consideration, • '. oad to action on our part: 1, To frame a Cuni»titution for the Svnod, rind to rearulate tbo time and ])lace of its meetings, and the order and manner of its proceedings. 2. To pr.ivide f )r tho proper ex'^rcise exerci'^e of Ecclesias- tical discipline, in regard to both Clergy and Laity, 2. To providt^ for the extension and temporal well-bcin'^ of the fhurch. and the snpport of the clergv and school-masters, f ^r the mn'.nten'ince of public worship, and the diffusion of a sonnd r< ligious education. 4. To promote and rcg d'to the building and conaecratiou of Churcheh, and tlio erection of Parsonatjes and scho«»l-honse3. 5. To provide for the division of the Diocese into parishes, vnth regulations for future sub-divisions. «i. To provide, with consent of the Crown, where needed, t regulations for the appointment of Bishops, Priests, and 7- To regulate the fees for marriages and other offices of the Church. 8. To provide, with the consent of the Crown, for the divi- sion of tlie Diocese into new Dioceses, either forihwith, or at a future period. 9. To procure from the Colonial legislature any laws, or modifica'i(m of laws, which the circomstances of the Church may require. IV. XECEssrrY for Action — General Principles Stated. for ou These are subjects which will supply abundant employment r OU" Synod-, and they are such as the circumstances ot tne Churc'i in th's Province imperatively require her Clerry and Laity to deal wi^h. In adopting Syno Heal action upon such a principle, we feel that we shall not be infringing the royal prerogative; and we are the more free to enter upon ^uch action from havinej learned that a high legal authority in the 46 DKCTARATIO^r ON THE PART OF THE TOROTTO SYNOD. Mother Church has d'clarcd that there is no real impediment to the act of" I)ioc'^'san Synodp, and from knowing that the Imperial Legislature has affirmed the principle that the Co- lonial Church ought to have the power of assembling for the managem nt of its internal affairs. Though we could have d* sired that an Act of the Imperial Legislature (tounded on the views of the Archbishops and Bishops, and other well-informed persons, both at home and in the colonies) should have laid down the basis of such a con- stitution as should have bjen suitable for the action of «vnod- ical assemblies, in all the colonies, in order that the unity of all parts of the Church might be completely preserved ; yet , ! the exi^'ency of our affairs does not admit of any further ' delay. If, at any future period, such constitution should be ' framed by adequate authority, we shall cheerfully modify what has been done by ourselves, so as to bring it into con- ' I formity with the decisions of such authority. Meanwhile we have reason to trust that the other Dioceses ' ' of British North America will adopt a line of conduct similar to our own, and thus enable es to confer with them ; so that, by mutual consult ttion, such a constitution may be adopted as will mark our unity, both ot principle and sentiment, and form I he basis of combined action fcr many generations to come. We trust, likewise, that by the same means, or through the action of the crown, the whole of these Dioceses may be ui'ited into one Ecclesiastical Province under its proper Metropolitan, and with its Provincial Council ; which may frame Canons for our joint action, and be a Court of Appeal, if questions ""hould arise in any Diocese which c:;nnot be settled bv the Svnod of the Diocese itself. V. Prater for Divine Guidance. In conclusion, we humbly pray that the God of unity and peace may be with us, and so chasten our affections, purify our moti\ es, and guide our judgment, that we may be enabled to contributt* to the efficiency, concord and stability of the Church in this land. (Signed) JOHN TOPOXTO.' I * A *4- f ri T. i J- Gamble Gedd^^s, Clerical /Secretary- I Attested by | j^^. ^ ^o^^ll, Zay Secretary. I P?"oTE. — The Synod also passed a resolution requesting the Bishop i ^ to transMiit a copy of the forejjoing declaration "to the Aichbishop I . of Caaterhury, with a view of having it laid at the foot of the throne," L SUBMISSION OF THE CLEBOT RTXOD'p RIGHT TO MEET. 47 and also " to the several Bishops of the [British] Xorth American Dioceses, with a view to their advice and co-operation upon the principles therein set forth, so as to produce uniformitv on Colonial Church Government." — See Minutes of Proceedings, Session of 1864, pages 18-21.] CHAPTER lY. f ttbmtoi0« at t\it (tUxc{\j to tlie (fattonj o( tUt grartn- Adopted hy the Provincial Synod in 1S6S. No Bishop within this Province shall hereafter grant his license to any clergyman to the «^;ure of souls, until such clergy- man has first subscribed and declared his submission to the Canons of the Provincial Synod, and of the Synod of the Dio- cese of said Bishop, in the following form : — I, A. B., do Avillingly subscribe to and declare, that I assent to and abide by the Canons which have been, or shall be, from time to time, passed by the Provincial Synod, or the Synod of the Diocese of . Journal of Provincial Synod, iS68, pages 94, 95. and CHAPTER V. gi0tot ot the €UvtU,U meet in Jiynod. [Note. — So much importance did the late Bishop attach to the Synodical gatherings of his diocese, that in 1839 (the year of his consecration), when in England, he made inquiries on the subject, and reported the result in his Primar}- Charge of 1841, as follows: — * " The advantage of annual meetings of the Clergy of the Diocese has been frequently a subject of deliberation, as tending to promote brotherly kindness and a more complete unity in our proceedings. Sueh periodical conventions were naturally suggested by the example The historical value of these atterances of the lata Biahop, la connectiou with thi« chapter, is the reason for their insertion almost in full. 1 1 I I 1 ' 48 ETGIIT OF TffT! CHTTRCfT TO MTTET TV 8TN0P. !M iii of ou" n iffh^iovs in tlie United Statof", and appoared to bo in *ome docrrct' rcqnired by the romo^ene^s of our situation from tbc Nfother Chnrob, jind our need of mntiial sympathy and support. Entpvingj cofdiallv in'o those fi'clincrs and ronsonincrs, T made all the enqiiirios in mv power, wlien last i'l ICnorland, re«pectin£j the I'atiiroand "bjects of Diofesnn Synod«. but with very limited success. There is no Krxr'i^h work of anthoritv on the subject, and, tliousfh rocou'se was h.id to tho e'abonite work of r.atnbertini, the infcmation that could b" (jflouio 1 wMs ui^'a'xi'o a'ld imperfect. It ap()ears th it the intro- dncti'Mi of jay-niembers in any such assemblies of the Cller'rv, for o-^'-'e-iiasticil purposes, is aitoixether without the sanction of antiquity, and wa-i forced, T bolieve, on the Cluirch of the United States by circumstances which the Bishops thought at once certain and deci- sive, viz., that the Laity of the (church would not consent, without that provision, to receive Episcopacy. This concession appears to tlio'e who are best actjuainted with the history of the Church, and feel hf'i- sacred character as the spouse of Christ, a most (ianjr'^rous innovation on her constitution, and likely to lead, in time, to the most Ji'p'orable consequences. "Ti roiTHi'd to matters of doctrine and things spiritual, it is orener- allv allowed, bv most persons professiugr church principle-, that the Tiaitv ou'jht to have no voice, yet there are many who insist that even in those the Laity should be permitted to express an opinion. On the :ther hind, tlie question v hether Lavmen shouM be allowed a voice in the mana'joment <>f the temporal concerns of the Cliurch, '^^ it is not without difficufty, from the intimate union that is frequently found to exist between things temporal and spiritual in ecclesiastical proceedings. " Fiioces'in Synods, whose decrees are called constitutions, are CO voked simo'y by the Bishop. The secular clergy are bound to ' attend, and such regulars as are not particularly exempted, but all TTiMv bo summoned when matters affecting the whole body of the Church in the r>ioccse are to be considered. Laymen, according to th'! practice and custom of the Church, are most admissable in Ecumenical ''ouncils — less in Provincial — and least of all in Diocesan Councils or Synods. Tn none, however, are ihoy admitted as judges, but merely as witnesses, or as executors of the decrees tliat are adopted bv the Convocation, Council, or Synod. Custom may sancnon their presence even in Diocesan Synods, and Bishops may If' Uiutft invite theinjJhouirh not to vote ; but even this only at times when m;ttters deary temporal and connected with the State are the sub- jects of "leliberation. Sometimes Bi^Vops consult Laymen before they propose their constitutions to the consideration of the Clergy ; but they need not follow their opinion or advice unless they think fit. Such constitutions may be imposed by the Bishop to regulate the atFairs of the Diocese, without the consent of the Clergy, but in ftll cases the Bishop is specially bound to protect his Clergy to pre- RIGITT OF TTTE CUtTRCH TO MWrr TS STTTOD. 49 vent any encroachmpTit or aggression on their rights, or a trespass by Lftymen, on sacred things. "Not satisfiod with this scanty information, I consulted some cleffrytnen of liiirh standing and learninjj in the Churcli, on the sub- ject of Annual Synods, or "^ «nvocationB, as applicable io this Colony. The reply was: 'What pKiicular business can you have to transact, or on whic'.i to deliberate ? You arc a branch of the United Church of F-njjland and Ireland, situated in a distant dependincy. The Constitution of the Church has been long settled, i Courts to enforce and carry out such rules and regulations as they might adopt for the better conduct ot their ecclesiastical at!airs. " I then asked, whether such license and Courts might not be ob- tained, if it coald be shown that it was of the first importance to the BIGHT OF THE CHTTRCH TO MEET IN SYNOD. 51 further extension and w-li-being of the Church in Upper Canada, to possess some power within herself to insure obedience in all things lawful on the part of the Clergy, and equal justice on that of the Bishop. I added that some such power would soon become abso- lutely necessary, as it may indeed already be considered so in the See of Toronto. " When the lay members of the Church in any Colonial Diocese number more than two hundred thousand, and the Clergy one hun- dred and fifty, scattered over a vast region, and thus much separated from one another, it must needs be that difficulties and oftcnces will arise ; and how are they to be dealt with ? "The Bishop is in most cases powerless, having indeed jurisdiction by his Royal appointment and Divine Commission, but he has no tribunals to try cases, and to acquit or punish, as the case may be. " He therefore feels himself frequently weak, and unable to correct reckless insubordination and sullen opposition, even in n)atters spiritual. " At one time, he mrvV be accused of feebleness and irresolution; at another, when acting with some vigor, lie may be denounced as tyrannical and despotic. "On such occasions helrequires the support and refreshing counsel of his brethren, and their constitutional co-operation in devising and matm'ing such measures as it may be thought necessary to adopt for the welfare of the Church. "My advisers replied, that under such circumstances, they did not apprehend any great difficulty in obtaining all we required, more especially as the Colonial Church had already forced itself on the notice of Government, and we could exhibit so strong and urgent a (^ase that it would not be easy or even gracious to refuse us. ' Hut,' they added, 'you must proceed with much caution and deference to existing authorities, for your request is new, and pregnant with meek.- ^^\o\^u^^J^^^. wt »w w results to the Church in the colonies. Nor must you forget that you are at present part and parcel of the United Church of England and Ireland, and as much subject to the Archbishop of C^nierbury as if you were in England. And above all things remember, that in such matters your jiroper channel of comnuiti illa- tion with the Government is through Ilis Grace the Primate of all England.' "This is the first time that the whole Church of this Diocese, lay and clerical, has assembled, and it will in all probability be the last, because new sees will soon spring up within its limits. "It is a meeting, therefore, of much greater consecjuence than many may at first perceive, and I trust it will pass harmoniously over, and become an example to other dioceses seeking for the same objects. " Our meeting and proceedings will begin a new era in the history of the Colonial Church, and may bo the prelude, not only of Diocesan 62 TtlOHT 0"^ THE CHtmCH TO MET5T T^ ffTNOT>. hill I Mb; I ! I, ' ' \\'}\ *,. 1 ii;i Synor>, \M. ©f the ultimate union of all the Briti««h Vortli American Bishopric-*, to convene at stated times in general Synods or Connvocations. ♦'This happy consummation I may not see; but, like Moses, over- looking the promised laid, I see it afar off, and it wiT hereafter be a source of great comfort to my nio^e aged brethren, is well as myself, to have assisted at its '•ommencement on this happy day." These most interesting extracts from the late Bishop's early Visita- tion addresses are valuable, as showing the many difficulties which at firii) stood in the way of obtaining the rl'iht, which we now enjoy, of free and untramclled Synodical action by both Clergj and Laity. [Note. — At the visitation of 1 ?^51, the Bishop proposed this question to the clergy and laity then present: "ShaT we, the Church of t^e Diocese of Toro.sto, apply for permission from the Crown to hold Diocesan Synods or Convocations ?" The Bishop fiirther remarked, '* If this question be decided in the affirmative, tl)'> most expedient and proper method of proceeding will be to petition Ilcr Majesty the Qneen, through His Grace the Archbishop of Canterbury, for leave to hold Di'icesan Synods, a copy of the petition to be at the same time forwarded through His Excellency the Governor-Greneral, Lord Elgin, to Her Majesty's principal Secretary of State for the Colonies." In response to the question the following resolution was passed.] 1. That this meitinor is of opinion that +()r the more elTec- tual exorcise of the discipline of tliB Church, md the more advanta2^e!)us management of its temporal affairs, it is expe- dient and desirable to apply to the Crown for the estaldishment of a D ocesan Synod or Convo(;atio;i, consisting of the laitj, as -.veil as th? cleri^v', so as best to meet the requirements of the Church in this Dioi^ese, and that a committee be named to draft a memorial to the Qu''en, founded on the episcopal cha^'ge of the lord Bishop. — Session of 1851, page 12. [Note. — At the next visitation of the Clergy, in 1863, the Bishop again brought the unsettled state of the law, relative to Diocesan Synols, before the Synod. In rcl'err.ng to tlm "Colonial Cliurch Regulation Bill," then before the Imperial Parliament, ha said :] '* The Bill was introduced by His Grace the Archbishop of Canterbury, who remarked, on the 21st of July, in the Lord's Com- mittee, that for soiue years past considerable distress and incon- venience had arisen in the colonies in consequence of the want of the regular administration of their ecclesiastical affairs. * * * RIGHT OF THE CHURCH TO MEET IN STXOt). 53 1 Amerir^an Synods or loses, over- reaftcr be a 1 as myself, arly Visita- is which at w enjoy, of Laity. lis question rch of t^^e vn to hold remarked, expedient lajesty the ^ for leave t the same eral, Lord Colonies." jsed.] ore effec- he more fc is lishment the laitj, Tients of named jpiscopal IP Bishop Diocesan il Ciiurch id :J ishop of d's Com- d incon- want of 1 It was simply permissive, not compulsory, and merely empowered the Church in the colonies to exercise her natural and iiiliorcni right to regulate Ler own affairs and discipline, but which certain impedi- ments placed in her way by some antiquated and obsolete laws pre- vented her, without some enabling enactment to carry out. "The Bill consists of the preamable and seventeen classes, and is cntithd, 'An Act to enable the Bishops, Clergy and Laity, of the Uiii.ed Church of England and Ireland, in Her Majesty's Foreign and Colonial Possessions, to provide for the regulation of the affairs of the said Church in such Possessions.' * * * " As the subject stands over to the next Session of Parliament, we must wait with as much patience as we can under a sense of unmerited disappoiiitmont. * * * " Moreover, the case of holding regular Convocations in the colonies was trie ow, it being the great object of the Colonial Church to pre- serve and maintain its identity with the Church at home, this cannot be effectually done without some measure of the Imper.al Parliament, and this may be done, accordi;.g to the Rt. lion. Mr. Gladstone, by a simple enactment of half a page * * * '\^\xq best course open for us to take will be to make use of the Chancellor of the Kxchequer's hint, and request, simply by petition, a single clause of half a page, to enable us to hold Synods tor the management of our ecclesiastical affairs. * * *' In the meantime let us be patient, but yet strenuous in demanding our just rights and privileges, which we do not forfeit by removing to a colony." [Note. — At this Synod (1853) the question of the legality of the Synod had been undt-r discussion ; a protest on the subject was pro- posed as follows : " 1'hai we, the members of the Chundi in the Dii.cjse of Toronto, meeting by invitation of the lord Bishop, beg to record our solemn and respectful j.rotest against the present informal system of assembling the Church, and as solemnly and respectfully declare our right to meet as a Synod, refusing to admit the right of hiteiforeiice from any quarter." After some discussion the following resolution was substituted for the protest.] 2. That this meeting, convened by the lord Bishop, and composed, Jirsry. of the lord Bishop of the Diocese, i^econdly^ of the clergy oi t'le Diocese, and thirdli/y of tlie lay represen- tatives of the several congregations of the diocese, are tlie Diocesan Synod of this Diocese, and that we now proceed to the transaction of business which we have commenced. — Ses- sion of 1853, page 7. - ; 64 RIGHT OF THE CHURCH TO MEET IN 8TN0D. ill in iii; ! * 'II ,ijl % I' I i i 'l' < ill t I Jil [NoTS. — Tn addressing the Synod in 1854, the Bishop remarked that the meeting that year " had been postponed," in the hope that the Imperial Government would redeem its pledge, and puss a measure to remove the disabilities which are by some supposed to exist in regard to the Colonial Churjh assemblies. This hope has not been realized ; but * * * the best legal auihorities, and among them, I believe, the Solicitor-General of England, have arrived at the conclusion that ■whatever difficulties may stand in the way of national and provincial convocations of the clergy, they do not extend to' diocesan synods (pages 3 and 4 of the l^roceedings.) At the same meeting of the Synod, a constitution and rules for its government were adopted (pages 31-36.) At the next meeting of the Synod (in 18S6) doubts having arisen as to the power of the Synod to make certain rules and regulations, the following resolution was passed.] 3. That a committee of seven members, four clerical and three lay, be appointed to draft a petition to the three branches of the legislature, for the passage of an act to enable the Bishop, Clergy and Laity, of the United Church of England and Ireland, to make rules and regulations for the manage- ment and government of the affairs of the Church in Canada, and also to draft a bill to be brought in upon such petition, and to report such petition and bill with all convenient speed. — Session ot 1856, page 1 5. [Note. — This committee reported at the same session a petition and bill, which were adopted, (pages 17-19), and presented to the legislatnre. In the same year the necessary act was passed, but it was reserved by the Governor-General for the signification of Her Majesty's pleasure thereon. The assent of Her Majesty, together with the act itself, were communicated to the Synod in 1857, (pages 12-14). The constitution was then amended, and the following resolution was passed.] 4. That his lordship, the President, be requested to nomin- ate a committee to draft an address to Her Most Gracious Majesty the Queen, expressing the gratitude with which the Synod accepts the relief from the disability under which it was supposed to labor, and assuring Her Majesty that our best eftbrts will be used to employ the power of local self-govern- ment, so graciously bestowed, as a means of cementing that union by which we hope to continue an integral portion of the United Church of England and Ireland. — Session of 1857, pages 18, 24, 29, 30. [Note. — At the Kingston meeting of the Synod, in 1868, the Bishop, in his address, (page 113 of Proceedings), stated that some CONSTITUTION OF THE SYNOD OF THE DIOCESE OF TOfiONTO. 55 interniption to the course of synodical action having occurred in the Diocese of Quebec, an explanatory act was passed in that year, '* 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.'" See session of 185S, pages 149, 150. No further action has, therefore, been taken on this subject.] CHAPTER VII. THE CONSTITUTION OF THE §nmpx^UA ^jjitd tut th §\otm of ^otovAo, A» adopted at the Eighteenth Session, June, 1870. COMPOSITION OF THE SyNOD. 1. The Incorporated Synod of the Diocese of Toronto " shall consist of the Bishop of the Diocese, who shall be the head of tlie Synod, and any Suffragan or Coadjutor Bishop thereof, the Priests and Deacons of the same licensed by the Bishop or Suifragan, and of Lay Representatives to be elected" as hereinafter provided. (Statute, passed January 23, 1869, 2nd section.) qualifications of lay representatives. 2. The Lay Representatives shall be male Communicants of at least one years standing, of the full age of twenty-one years, who have not been in Holy Orders, and who shall have communicated at least three times during the twelve montlis previous to the election. They shall be elected at the Annual Easter Meeting held by each Minister having a separate Cure of souls, or at any meeting specially c Ued for that pui-pose, and such Representatives shall not be more than three in number. In the event of there being a vacancy in any In- cumbency, owing to death or other cause, it shall, notwith- standing, be lawful for the congregation to meet for such election at such time and place as the Churchwardens shall appoint for the pui'pose. And all Laymen within the Cure, )4 56 BEPRESEJITATIVES — ELECTION— CERTIFICATE. of twenty-one years of age or upwards, who shall annually sign a declaration in the form following, shall have the right of voting at the election : " I, , solemnly declare that I am a member <»f the United Church of England and Ire- land ; tliat I am an habitual worshipper with this congrega- tion {iiamimj it)y and have not voted as a memb ' ot any other congregation within the year." ii'tii PABISHES WITH TWO OR MORE CONGREGATIONS. 3. In case there shall be two or more congregations in any Parish or Mission, the larger congregations sliall have the right to elect two Representatives, and the smaller congrega- tion one. In ease there shall be three congregations in any Cure, each congregation shall be entitled to elect ()ne Repre- sentative ; and in case there shall be four, or more congrega- tions in any Cure, the largest as well as the next larger con- gregation shall each elect one Representative, and the remaining concrresrations shall have tlie right to unite and elect the third Representative ; and in case of a vacancy in the Incumbency, the Easter Meeting of each congregation shall be called bv the Churchwardens tbereof. '! I i!.'i WHO SHALL PRESIDE AT THE ELECTIONS. 4. The Minister himself, if present, shall preside at the election ; and, in his absence, the Curate, or Assistant Minis- ter; or in case neither the Minister nor his Assistant be present, or if there be a vacancy in the Incumbency, a Chair- man, to be elected by a majority of the electors present, shall preside. CERTIFICATE AND ASSESSifENT TO BE SENT TO SYNOD OFFICER. 5. Within ten days after such election, the Chairman of the meeting shall send to the Secretary-Treasurer of the Synod the the amount assessed on the Parish or Cure, as hereinafter provided, together with a Certificate of such election according to the following form : *' This is to certify, that at a meeting held on the-^ day of A. D., 18—, for the purpose of electing a Lay Represent tive (or Lay liepreaentativea)^ in Synod for the Cure or Parish of , A, B., {0. X'., and E. i'!,) being a communicant {ot communica?it8) ot at least one year's standing, of the Itdi age of twenty-one years, and who has (or CERTIFICATE OF LAY KEPRE8ENTATIVES. 67 mnually ;he right lare that and Ire- ongrega- onijrega- 18 in any e Repre- ongrega- •ger cou- and the inite and cancy in at the Minis- istant be a Ghair- nt, shall FICER. irman of of the Jure, as of such — day a Lay for the i E. K,) e year's • has (or have) communicated at least three times during the rear previous to the election, was (or were) elected hy the laymen within this Cure, who have the right to vote at such election, by virtue of their having signed the declaration provided in section number two of the Constitution of " The lucori Synod of the Diocese of Toronto." Date.] " I also forward herewith the assessment of the Parish, being $ And on such certificate shall be endorsed as follows : Toronto, . poratcd Chairman^ To the Secretaries of the Synodj Gextleme.v, — I have received the Synod Dues of this Parish or cure ; you can therefore enter the names of the Lay Eepresentatives on the Synod List. Your obedient servant, , Secretary-Treasurer. Which certificate, so endorsed by the Secretary-Treasurer of the Synod, shall by him be forwarded to the Secretaries, who shall enter the names of the Lay Representatives on the Synod List, to be printed and sent to each member of the Synod by the Executive Committee with their order of proceedings. [Note. — The report of the Executive Committee, adopted by the Synod in 1871, provided: "Tliat a committee of two, to be appointed by the Executive Committee, shall meet at the Synod Office at least two days before the meeting of Synotl, and examine the ceiljlicates of the Lay Representatives sent in to the Secretary-Treasurer by the respective (clergymen in the Diocese, and shall prepare a Report thereon, to be placed in the handfl of the Honorary Lay Secretary on the opening of the Synod. Session of l87l, page 42 ; see also sec- tion 37 of this constitution] certificate to lay REPEESEXTATTVES — PERIOD OF OFFICE. The Chairman of the Meeting shall likewise furnish each Representative with a similar certificate; without it, any person presentmg himself as a Representative shall bo re- quired, before taking his seat, to afford. sutiicient proof that the requirements of the Synod have been complied with in his election. All Representatives shall continue in office until the next meeting of the Synod after the election of their suc- 5 r —77" i»i 58 8TN0D DUES — DUAL ELECTION — REMEDY. i ' ,1 ■ I I ii,''^ cessow, or until they have resigned their office ; and every Representative resigning his office shall signify such resigna- tion to the Secretary -Treasurer of the Synod, who shall there- upon notily the Incumbent of the Parish of such resignation, in order to a new election being held. SYNOD DUES MUST BE PAID BEFORE SEAT BB TAKEN. Xo Representative shall be entitled to take his seat in the Synod until the assessment upon his parish shall have been paid. [Note. — The 37th section of this Constitution provides for the settlement of all questions relating to doubtful or contested seats in the Synod.J IN CASE OF DUAL ELECTION, &C., REPRESENTATIVE TO SELECT. 6. If any Lay Representative be elected for more than one Parish, he shall, within one week of receiving notice thereof from the Secretary-Treasurer of the Synod, whose duty it shall be to Ffmd such notice, select the parish for which he in- tends to sit ..ad vote, and shall signify the same to the Secre- tary-Treasurer of the Synod, who shall at once notify the Minister or Ministei-s of the other Parish or PariEhes for which such Representative shall have been elected ; and thereupon such Minister or Ministers shall proceed to call a new election, by giving notice thereof on two consecutive Sundays, such new election to take place within fifteen days from the re- ceipt of the notification from the Secretary-Treasurer of the Synod; and in case such Representative shall fail to make such selection, and to signify the same as herein required, the Secretai-y-Treasurer shall, within ten days after the expira- tion of the time allowed for making such selection, notify the parishes that they proceed to a new election. In the event of a vacancy occuring in the number of Representatives ot any Parish or Cure, either by death, removal from the country, resignation, or otherwise, the Minister of the said Parish or Cure shall in like manner, and within the same period, proceed to hold a new election to fill such vacancy, and the votera at the last election shall be entitled to vote at such new election without further registration. [Note. — In case of a vacancy in the Incumbency, the meeting for the election of a Representative is to be called by the Churchwardens, as providsd in the second and third sections above.] MEETING — ADJOTTRNMENT — PBATERS USED. 59 Bvery iigna- there- ation, in the ) been for the icats in MEETING, ADJOURNMENT, OR DISSOLUTION OF THE SYNOD. 7. The Synod shall meet annually on the first Tuesday in June, or at such other period as may be deemed expedient by the Bishop, who shall also appoint the place of meeting, and shall adjourn or dissolve the Synod, as may appear to him most conducive to the welfare of the Diocese. FORM OF PRAYER TO BE USED BEFORE AND DURING SYNOD MEETING. 8. During one month previous to the meeting of the Synod, each Minister shall, at Morning and Evening Service, use the following Form of Prayer for the Divine blessing on the pro- ceedings of the Synod : SELEcrr. lan one thereof duty it h he in- 3 Secre- ify the |r which ireupon [lection, s, such the re- of the make •ed, the expira- |tify the event ;ives ot •m the ihc said le same lacancy, Ivote at [ting for wardens, PRAYER FOR THE DIVINE BLESSING. Almighty Father, who in the beginning of the Gospel didst cause the Apostles and Elders to meet together under the guidance of Thy Holy Spirit ; and hast promised, through Thy Son Jesus Christ, to be with Thy Church to the end of the world : Vouchsafe, we pray Thee, to be present with the Synod of this Diocese now about to assemble [or now asstm- Ued] ; give unto them the spirit of wisdom, patience, love, and of a sound mind ; and so direct, sanctify, and govern them, that they may seek truth and peace ; and that through them the saving gospel of Christ may be more effectually preached and ministered. Thy dispersed sheep gathered into the fold, and Thy Holy Church stablished, strengthened, settled, united, and sanctified ; through the merits and inter- cession of the same Jesus Christ, Thy Son our Lord. — Amen. [XoTE. — At the Session of 1871 was ordered: "That in addition to the prayers heretofore used at the opening of ti e Synod, and in the several Churches previously to the meeting of the Synod, the following prayer from the " Accession Service" be also used :"] • A PRAYER FOR UNITY. O God, the Father of our Lord Jesus Christ, onr only Saviour, the Prince of Peace : give us grace seriously to lay to heart the great dangers we are in by our unhappy divisions. Take away all hatred and prejudice, and whatsoever else may hinder us from Godly union and concord ; that, as there is but one Body, and one Spirit, and one Hope of our Calling, one Lord, one Faith, one Baptism, one God and Father of us all, so we may hencetorth be all of one heart and of one soul, I I, i » ll 60 pREsromo offiobr— ^uoRtrM — becretabies. nnitcd in one holy bond of Truth and Peace, of Faith and Charity, and may with one mind and one mouth glorify Thee, through Jesus Christ our Lord. — Amen. PRESWINO OFFICER OF THE SYNOD. 9. When the Bishop is not present, and has not appointed a deputy, then the Senior Dignitary or Clergyman of the Diocese present shall preside iu his place. QUORUM OP THE SYNOD. 10. A quorum of the Synod shall consist of not less than one-fourtli of the whole number of the Clergy, and one-fourth of the Lav liepresentatives of the several parishes of the Dio- cese ; and no busines shall be transacted without a quorum. I i OFFICERS OF THE SYNOD TO BE ELECTED ANNUALLY. 11. There shall be two Honorary Secretaries of the Synod, I one a Clergyman, the other a Layman, both members of the Synod ; the former to be elected by the Clergy, and the latter by the Lay Representatives ; and there shall also be a Secre- tary-Treasurer, to be appointed by the vote of the Synod ; and sncn elections and appointments shall be held and made on the first business day of the annual meeting of the same. SECRETARY-TREASURER AND HIS* SALARY. 12. The Secretary-Treasurer shall receive a salary of $1400 a year, which shall cover the remuneration to the said Secre- tary-Treasurer for all his services in respect to the various ' trusts and funds of the Synod ; which salary shall be payable quarterly. DUTIES OF HONORARY SECRETARIES. 13. It shall be the duty of the Honorary Secretaries to keep ret^ular minutes of all proceedings of the Synod ; to record them in a book pn - 'ded for that purpose; to preserve all papers, memorials, and other documents ; to conduct the cor- respondence ; to attest the public acts of the Synod ; to de- liver all records and documents to their successors in office, and to furnish daily, prefixed to the printed notices of motion, a summary statement or synopsis of the whole of the un- finished business before the Synod, in the order in which it la proposed to take it up. BECRBTART-TRBASmUIR — PROVINCIAL 8TN0D DELEOATES. 61 h and Thee, ointed of the s than -fourth 16 Dio- rum. r. Synod, , of the e latter I Secre- ^d ; and ade on le. $1400 Secre- various )ajable okeep record Tve all he cor- to de- office, motion, the nn- Ichit ii [^OTB. — In 1864 the Synod directed that " it be an instruction to the Secretaries to employ a person to collect from the official minute- book, and append to the printed minutes for this year, a copy of each eanon or rcsd .tion which has beeu duly passed since 1858, with an index. A similar appendix and index for each succeeding year shall be prepared and inserted in future in the annual printed minutes of the proceedings of the Synod. Session of 1804, page 20.] DUTI1.S OF THE SECRETARY-TREASURER. 14. It sliall be the special office of the Secret ary-Treapnrcr *o attend to all the business of the Synod when not in session, tnder the direction of the Bishop, the Chairman ol Commit- t3es, and other officers of the Sj-nod. And it shall be the further duty of the said Secretary-Treasurer to receive all moneys paid to him under the authority of the Synod, to keep them safely, to enter them in books requisite for that purpose ; and, under such regulations as may be made by the Executive Committee, to deposit all such sums as soon as they amount to $100, to the credit of the said Synod, in such chartered Banks or Banks of the Dominion as may from time to time be approved by the said Executive Committee. SECRETARY-TREASURER SHALL GIVE SECURITT. 16. The said Secretary-Treasurer shall, under such regtila- tions as may be made by the paid Executive Committee, give security for the proper performance of his duties, and for the safe custody and deposit of all such moneys as may^come into his hands as Secretary-Treasurer. [vacation of THE SECRETARY-TREA8URIB. [Note. — In 1869, the Sy J adopted the followir.g regulation: That the resolution of the late Church Society, respecting the annuai vacation of the Secretary -Treasurer, be adopted by this Syuod. — Ses- sion of 1860, page T8. The resolution is as follows : "The standing committee having recommended that in future (commencing withtlie present year, 1868,) an annual vacation of four weeks subsequently to the August meeting, be granted to the Secretary of th« Church Society, the recommendation was granted."] ELECTION OF DELEGATES' AND SUBSTITUTES TO PBOVOfClAL 6TK0D. 16. There shall be elected annually, by the individual Clerical and Lay members of the Synod, respectively then present, on the second day of the meeting of Synod (as the 62 DELEGATES AND SUBSTITUTE DELEGATES, rROV. SYNOD. first order of the day) twelve Clerical and twelve Lay Dele- gates to the Provincial Synod. Twelve of each order thus eleoted, havincj the hijifhest numher of votes, shall he the Delegfatcs to such Synod; and six other Clerical and six Lay Representatives whose names shall be next on the ballot, having the next highest number of votes, shall be Substitute- Delegates, to attend the Provincial Synod whenever, from sickness or other cause, the Delegates shall be unable to attend the Provincial Synod. SCRUTINEERS AND MODE OF ELECTION OF DELEGATES. 17. Two Clerical members and one Lay Representative, and two Lay Representatives and one Clerical member (to be appointed by the Synod), shall be the scrutineers of the Cleri- cal and Lay vote respectively. [Note. — As to the mode of election by ballot, the Synod in 1862 directed as follows :] [17^. That ballot boxes shall be provided to receive the votes of the clergy and laity respectively. That upon each member of the Synod depositing his vote, a mark shall be placed oppo- site his name on the roll by the Secretary of the order to which he belongs, and that upon the requisition of any three mem- bers of the Synod, the number of votes deposited shall be compared with the number of those who have voted upon the occasion. That the scrutineers shall hand over the votes to the Secretaries of the Synod, whose duty it shall be to preserve them until the election ot delegates shall bo completed, and then destroved at the end of the session. Session of 1862, pages 20, 2i.] WHEN SUBSTITUTE-DELEGATES SHALL GO TO VEOVTNCIAL SYNOD. 18. Whenever any of the Delegates to the Provincial Synod shall be unable to attend its meetings, they shall be excused from such attendance upon notifying the Secretaries ot the Diocesan Synod of the fact at least a fortnight previous to the meeting of the Synod. The Secretaries shall thereupon notify the Substitutes, selecting them in the order in which their names stand upon the list, that they are required to attend the said meeting instead of the Delegates excused. NAME OF DIGNITARIES TO HEAD THE LIST. [Order of Precedence. — In publishing the list of Delegates to the Provincial Synod at the beginning of the Report, (or Journal of Pro- ceadings), the name of a dignitary of the Church, if elected, should EXEOITTIVE COMMITTEE ORPEB OF PROCEEDINGS. 63 head the liwl, and the names of tlic other nicnibcrs should ho printed ID alphabetical order. — Session of 1862, pa^e 40.] See also latter part of Section 21. APPOINTMENT OF EXECUTIVE COMMITTEE. 19. There shall he appointed annually, as the first business in the afternoon of the second day, an Executive Committee, to consist of the Bishop of the Diocese, ten clerical and ten Lay members of the Synod (one half ot each order of whom shall be appointed by t\m JJishop, and the ^her half by a vote of the Synod), of whom seven shall form a quorum, and who shall continue in office until their successors are appointed and shall be called topjether by the Chairman [Secretary Treasurer, section 24 (')] or][any^ three members of the Com mittee. DUTIES OP THE EXECUTIVE COMM(TTEE. 20. It shall be the duty of the Plxecutive Committee to pre- pare in due form all such matters as the Bishop, or any mem- ber of the Synod, may desire to bring forward ; to receive Re- ports of all ot'ior Committees, and to submit such Report to the Synoil ; and said Committee shall prepare lists of all Standing Committees for the approval of the Synod. NOTICES OF MEETING OF SYNOD AND ITS PROPOSED BUSINESS, 21. It shall also be the duty of the said Committee to print the Reports laid before them, or such parts of them as they may deem expedient, and to issue a circular under the Bishop's direction, stating the time and place of meeting, the business for the ensuing Synod, the order in which it shall be discussed, and the names of members of Synod, which circular shall be forwarded to each Clergymen and Lay Representa- tive two weeks before the meeting of the Synod ; and to pay out, or cause to be paid out, all moneys of the Synod, except those which are placed under the control of other Committees. [Note. — In 1862, the Synod enacted that "The Executive 'Com . mittee be directed to provide (through the General Purposes Com- mittee) for the expenses of the Provincial Synod, pro rata^ on the several parishes." — Session of 1862, page 41.] BUSINESS TO BE NOTIFIED AND EEPORT8 TO BE BENT TC TH» EXECUTIVE COMMITTEE. 22. Notice ot the business to be submitted to the Synod, to secure precedence in the order of proceedings, and all Reports ;Hi 64 VTAHDISQ OOMMriTEB— -OOMVnTE? QITOEUM. of Committees, shall be sent -to the Executive Committee three weeks belore ihe meeting ot the Synod. — See also Sec- tion 43^. [XoTE. — In 1808, the following motion was passed by the Synod, as a direction to the Executive Committee :] 22^. That in order to prevent, at future meetings of the Synod, the postponement, until a late period of the Sessions, of important matters affecting the interests of the Diocese, the consideration of Re- ports of I'omniiltees, and of ail motions, in the judirment of the Executive Committee, specially pertaining to the Dioces% shall take precedence of all other motions. — Session of 1868, page 70. ' ■':! ;i:; '::;i!i THE STANDING COMMITTEES OF THE SYNOD. 23. The Standing Committees of the Synod shall meet quirtsrly, on the Second Tuesday in the months of February, May, An;;;u3t, and November, and at such other times as they m^y deem necessary ; these Committees shall be as follows : 1. The Clergy Commutation Trust Committee. 2. The Endowment of the See, Kectory Lands, an''. Land and Investment Committee. 3. The Mission Board. 4. The Indian Missions Committee. 5. The "Widows and Orphans' Fund, and Theological Students' Fund Committee. 6. The General Purposes, Statistics, and Assessment Oimmittee. 7. Tlie Sunday School, and Book and Tract Committee. 8. The Audit Committee. 9. The Church Music Committee. ir t^COIlCM OF COMMrrXEES, &c. 24. C) One-third of the members of the aforesaid, and of all Committers of Synod, shall be a quorum for the tran- saction of business. C) The Secretary -Treasurer shall convene the Quarterly and other meetings of each Committee. (*) Each Couimittee shall from time to time choose its own Chairman. (XoTB. — In 1860 the Synod enacted that "all [special] committees, ess other jri^e ordered, shall be named by the Chair. Session of 1860, page iSO.j ▼ACANOIES — CLiatOT COMMUTATION TTIUST. 65 (*) All reports of Committees shall be in writing, signed by the Chairman, f ) The Chairman of each Committee, or any person on his behalf, shall explain, when requested by the Synod, any facts or other portions ot the Report not understood. [NoTK. — In 1 860, the Sy n«d also enacted that : — (•) *' All reports of Committees recommcndinsj any action or ex- pression of opinion, shall be accompanied by a resolution for the action of the Synod thereon." — No. 4, Session 18G0, page 150.] FILLING UP VACANCIES IN SYNOD COMMIXTEES. 24J. In the event of any vacancy occurring in the Commit- tees of Synod during its recess, eitiier by death, removal, or resignation of a member or members, or other cause, the lord Bishop shall be notified thereof as early as possible by the chairman of the committee in which the vacancy occurs, and shall |be requested to fill such vacancy. Session of 1871, page 66. CLERGY COMMUTATION TRUST COMMmiE AND ITS DUTIES. 25. The Clergy Commutation Trust Committee of the Synod for the management of the Clergy Commutation Trust Fund of the Diocese, shall consist of sixteen members, one half of whom shall be Clergymen of the Diocese who are on the Commutation Fund, and the other half shall be nominated from among the Lay Representatives. The said Committee i^hall manage all real estate or personal securities held by the "Clergy Commutation Trust Committee" of the late Church Society of the Diocese, and all the proceeds accruing from the same, and shall administer the Fame as a distinct fund, separate and distinct irom all the other funds of the Diocese, and shall invest and take up and re-invest in Government Securities, City, County, Township Municipal Debentures, all moneys coming into their hands for re-mvestment, and all surplus interest and dividends. They shall report to the Synod at its annual meeting a tull and detailed statement of all invest- ments and changes in investments, and of all moneys received and paid on account of the fund during the previous year. They shall further report the actual state and condition of tlie fund, at the time of tneir last quarterly meeting, shewing the nature of the different securities belonging to the fund, and 66 ENDOWMENT OF SEE — REOTORT LANDS COMMTITEE. the incomes which they severally yield, and what arrears of interest may be due on any of the said securities, and the particular securities on which such interest may be over-due. The proceeds ot the said fund shall be administered in accord- ance with the provisions of the By-laws of the late Church Society of the Diocese of Toronto relating to the same, as they existed at tlie time of the Incorporation of the said Church Society with the Synod, or in accordance with any By-laws adopted supsequently by the Synod. In case the surplus should at any time become insufficient to pay the amount of $400 to each non-commuting Clergyman placed on the list of annuitants on the said fund in accordance with the By-law of the late Church Society, then a proportionate reduction shall be made from the annuities payable to all such non-commuting Clergymen. COMMITTEE OF ENDOWMENT OF SEE — RECTORY LANDS VESTMENT COMMITTEE AND ITi DU'nES, AND IN- 26. The Committee on the endowment of the See, the Rectory Lands, and Land Investment, shall consist of six Clergymen, three of whom shall be Rectors of the original Government Rectories, and of six Laymen, members of the Synod, whose duties shall be. Firstly^ to take charge of, and administer, and die^ >se of, any money or sums of money, or any securities for money, and all real estate and securities, which have already been, or which may hereafter be paid, given, assigned, or devised from or by any person or persons, or bodies corporate, for the endowment of the See ; Secondly, to dispose of the Rectory Lands of the Diocese, and to take charge of, and administer the proceeds arising from sales of the same, in accordance with the special By-law of the late Church Society governing the administration of such funds, or in accordance with any By-laws adopted, or that may be adopted subsequently by the Synod ; Thirdly^ to manage all other lauds vested in the Synod, except those the management of which has been already placed under the control of the Clergy Commutation Trust Committee, and to invest the proceeds of all sales of land in Government Securities, City, County, or Township Debentures. All real estate, securities, and moneys placed under the management and control of this Committee, shall be managed, held, and administered upon the same trusts on which they were held at the time of the incorporation of the late Church Society with the Synod of the DioceBe. MISSIOlfS — ^WroOWS, ORPHAKB, AND 8T;UDENTB FUNDS. 67 MISSION BOARD AND ITS DUTIES. 27. The Mission Board shall consist of two Archdeacons, eleven Clergymen, and eleven Laymen, members of the Synod, one at least 6f each order from each Rural Deanery of the Diocese. A fund shall be established, to be called the Mission Fund, which shall consist of all special collections made from time to time in the Churches and Chapels of the Diocese in aid of the same, of the interest on the legacies, of all donations and subscriptions, and of all collections tor mis- sionary objects to be made annually, as hereinafter provided, in the Parishes and Missions of the Diocese, any By-law or regulation of the late Church Society to the contrary not- withstanding, and of the interest derived from the invested, proceeds of the sales of lands given for Missionary purposes ; and the Fund so created and established shall be administered by the Mission Board in accordance with the By-laws of the late Church Society relating to the same, as they existed at the time of the incorporation of the said Society with the Synod, or in accordance with any By-laws that may at any future time be adopted by the Synod. It shall be the duty of every incumbent of a Parish or Mission in this Diocese t<» hold annually, in every Church, Chapel, orplace in his Parish or Mission where Divine Service is held on Sundays, or in some other place within his Parish or Mission, a Missionary Meeting in aid of the Mission Fund of the Diocese, and to cause collections to be made for the same object, and to remit the same to the Secretary-Treasurer of the Synod not later than the last day of April in each and every year. INDIAN MISSIONS COMMITTEE AND ITS DUITES. 28. The Indian Missions Committee shall consist of four Clerical and four Lay Representatives, who shall have charge of the Missions to the Indians, and shall manage and admin- ister all moneys collected for, and all lands belonging to, such Missions, upon the same trusts on which they were held by the late Church Society at the time of its incorporation with the Synod, or in accordance with any By-laws which may hereafter be adopted by the Synod. WIDOWS AND orphans' FUND AND THEOLOGICAL STUDENTS' FUND COMMITTEE, AND FTS DUTIES. 29. The Widows and Orphans' Fund, and Theological Students Fund Committee shall consist of six Clergymen and GSNBBAL PUBPOBBS, BTATIBTI08 AlTD ▲BSB«8MENT. six Laymen, members of the Synod, \ \o shall be charged with the care of the Widows and Orphans' Fund of the late Church Society of the Diocese, to whom all claims for pensions to Widows or Orphans of the Clergy of the Diocese shall bo referred, and by whom such claims shall be decided upon and paid, on approval of the Bishop, according to the By-law of the late Church Society governing the administration of the said Fund, or acccording to any By-law adopted subsequently by the Synod. It shall also be the duty of the said Commit- tee to make annually to the Synod a detailed report of the fttate of the Fund, spesifying its several securities, the amount of income wliich they each and altogether yield, the number of Widows and Orphans on the Fund, and the amounts which they severally receive. The same Committee shall also have charge of, and administer, the Theological Students' Fund, for the same objects and upon the same trusts, for and upon which it was held and administered by the late Church Society, or according to any By-laws which may be adopted by tlie Synod for the administration of the same, and shall report annually to the Synod the condition of the said Fund and the mode in which it has been administered. ge:?eral purposes, sta-tistios, and assessment committhb and its duties. 30. Tlie General Purposes, Statistics and Assessment Com- mittee shall consist of six Clergymen and six Laymen, mem- bers of the SynoJ, wli )33 duty it shall be to provide means for the collection of, and to collect the General Purposes Fund so far as they can in pursuance of the By-laws of the late Church Society, and to manage the said Fund of the Synod on the same trusts upon which it was held at the time of the incor- poration of the said Church Society with the Synod, or in accordance with any By-law which may hereafter* be adopted by the Synod, and also to prepare in tabular form the answera received from the Clergymen having cure of souls to the questions pnt to them by the Bishop of the Diocese relating to the statistics and condition of their several Cures, which shall afford (amongst other uses) a basis of an equitable As- sessment for the expenses of the Diocese, and lay such table before the Synod in a convenient form for being printed as an Appendix to the Annual Report. It shall also be the duty of the said Committee to assess the several Parishes and Mis- sions of the Diocese for all expenses authorized by the Synod, and for all other purposes for which an assessment may b^ ordered by the Synod. [See latter part of Section 21.] SUNDAY SCHOOL — BOOK — TRACTf — AUDn — MUSIC — SEAL. 69 )ensions to SUNDAY SCHOOL AND BOOK AND TRACT COMMITTEE AND ITS DUTIES, 31. The Sunday School and Book and Tract Committee shall consist of five Clergymen and five Laymen, members of the Synod, whose duty it shall be to obtain statistics, and to present a Report annually to the Synod on the condition and proliall be decided by the Chair. 11. All amendments to a motion shall be considered in the order in which they are moved, 12. When a proposed amendment is under consideration, a motion to amend the same may be made ; but no after amend- ment to ftu«b second amendment shall be in order; vet a sub- EULES FOR TIIE PRESERVATION OF ORDER. 7$ Btitutc to the whole matter may be proposed and received, providc. il CHAPTER IX. [Note. — The n7th Section of tlu' (-'onstitutioii provides that, "the Chaijccllor of the Diocese for the tiiuo being, or in his ubsence the Registrar of tlie Diocese tor the time being, together with two Cleri- ••al and two T/ay >rembers, whose titles to seats have not been disputed l)efore this Synod, to be appointed by thi? Bishop, under hand and seal, on tlu; fir,«^t day of the Synod previous to Divine Service, shall be ;i (Jourt to cousiiler" objections " to the claim of any peraon" on the Synod, "to take a seat in the Synod, and to adjudicate thereon, and to them shall be referred for final adjudication all cases of doubt- ful certiHeates that may be mentioned in ths Report of the Committee on tlie certificates of tlici Lay Representatives; and the decision of the Court shall be final." In accordance with this provision in the Con- stitution, the following decisions were made by the Court in 1870-71.] JUDGMENT OF THE COUKT, 1870. MlBBION. No. 1. CobourK. No. 2, UolicnyKenii and DiLBMATBS. Judge Kngwell. n. K. Boulton. Andrsw UewHoii. ir. T. Wickliiiin, W. n. Ken. I, Jabi'z Ihui'slon, OlMXCTIOIf. Dkcision. None to the l8t and 2nd. To the 3rd that the C er- tiflcate states he has only coiimiu- nicatedonce dur- ing the yiar end- ing Kaster, 1870. Mr. Ilewson having commu- niouted twice since Uaster, aa since cert died by the Incumbent -We allow his sent; but we do nut deHJi'i' to establish thi:* ne- glect of tho required number of communications during the year iind uu'' hol'liii;,' it condoned in this case, as a precedent tu be hereafter relied on. Tlie words "and whi) have commu- nicated ut least three times dur- ing the previ- ous year," being struck out of the (Jertilicate. No. 3. St. ('atharinei. Hon. J. R. Benson, J. J'. Sa.xon, Augustus Julies. M.D. The UcT. C. W. I'atterson, the Incumbent, certiUes that only being in Deacon's orders the iluly ('oinniunlon has only been once adniiuisiered during the year, when he was able to pro- cure a visit from a Priest, when the Delegatus all communicated, and as he is therefore unable to certify further, we allow the seats of the Delegates, as gen- tlemen who have availed them- selves of the opportunity lo partake of the tiacranient, aa often a.s the Church aiforded them such opportunity. Same as No. 2. In this case, the Incumhent having ceriitied to tne Commit- tee that the two Delegates first named have communicated three times, we allow their seats. The third Delegate, ou the same authority not having commuiu- cated three times, we disallow bis seat. JUDGMBNT ON 0«NTE8TED 8BAT8 IN RVNOD, 1870. 77 on No. 4. BUyner and Cruemora. W. II. Toulton. That ther* Is * another return rrmii thti« Mi«si<)n «l)(neelr powers In electing three Delcguics from the mother I hurch, and a fourth from Kel- son. We therefore disallow the name of Mr. Chapman, the third Delegate from Welllngtoa Square, and allow Mr. Kerr and Mr. Wanhlnnick for Wellington Square, and Mr. Vllllers for NeUon. No. 6. Garden River. Jamea Or.iham, .T. Oillespie, Robt. Chance ; and for SaultSte. .^.ilrle, B. M. Csrruthers. Same as No. S. No. 7. fiarrie. No. 8. St. Stephen's, Turonto. D. McCarthy, Senr. Arthur Anlagh, Richard Power; and for Shantv Hay, B. G. O'Brien. Walter llalk»'8, and W. E. O'Brien. K. S. BIrteh. Same rnllitg as No. 8. Wi allow Mr. Graham and Mr. Gillespie for Garden River, and Mr. Carruthera for Sault St«. Marie. That thii) Is only on** Mission enti- tled to a collec- tive 'tepresentn- tlon of three Dele gates. Following our ruling in No. 8, we allow Mr. D. >fcCarihy, and Mr. Arthur Ardagh for the mother Church at Barrle, and Mr. K. G. O'Brien for Shanty Bay— the seats of the others are digaliowed. That being a Priest In Holy OnlTs, he cannot be a Lay Kepre- nentative. The Acts under which the Synod is oonitituted and the Consti'ution enacted In accord- ance thi rewlth being Indefinite in their lanKnage on the point under consideration we (five the Delegate the benefit of the doubi. but sUEfgest to the Synod to con- .xlder the question fully In par^s- Ing the amended Constitution- In this decision Canon Dixon is dissentlag. 78 JLLCiLEJiT Oy CONTESTED SEATB IN STNOD, 1871. JCDGMEXT OF THE COURT, 1871. Misiioa. DELBOrES. Objcctiok. No. 1. GoUlogwood. A. B.P'ephea.M.D. u. A Pa: lane, KItmTuU/. Due notice for two coiisecutlve Sundays nothav- iiiK l>een given of rleciion of the Ihiid D«]egate. Dkcibioh. In this ca.ie, Mr. R. A. Ilarrl- Hon, who received a double re- turn for Coilin^wood and St. (ieorge'», Toronto having elect- ed to fit for the latter, a new election irir* held f<>r a third Delegate for Collingwood — to the fornialitiej in c^ilinfr which we hold the olijection wHI taken, and Hiih regret mui' •li*«llow the seat to Mr. Inll.v. We must iIm call aliention t.i> anoth-r infor- DBHllty, nitniel.v, Mr. Ilarri^oo's omirgion ttnntUj the Secretary- Treasurer when he <:l«cted t* sit for St. Oeori-c's, fo that the notifloatlon of the came to the Incunihent of (.'oliingwood might have been made t»y the Secre- ♦ary-Trea»urer. as re'^ulred by thn Constitution, Instead of by hlxself. Mo. t. Oarden River. Thomas Anirlster, II. Pnhnrdra'uo, James Graham, Jam ce Gill esi)le. The last two are named as Sufi»U- tuitt, for whteh there seems no provision in the Oouittitutlon. We are compelled to '*lsaIlow th>'seat!4 0f Mr. Oraharaand Mr. QiUespi'', the objection bel i well taken; hut we are glad t« learn that they are reguUrly elected for another V Iseion. Kv>. 8. Bebe«ygev.3. n. T. Wlckham, IT. H. liead. JeboIreiiMi. That tbe third Dek'KBte has not ; CommanlcHted 8 I times within the I year.the I. omiiiu- I ulon not having been administer- ed In that part of the N> lesion more than twice during that period. In this case the trentl*mnn «• wh'iso se t olijection is taken, 1 ' Bh"wn to have Communicated on etch occasion when he rould do so. There wa* no ott»er op- portunity, thereforf>, on the rul- ing of 1870 the seat ia allowed. No. 4. Phanty Bay. Oi'u. Col. O'Prlen, II. O'Brien. Jotm atcvle. That the elec- tion was the re- sult of two meet- ings. There were two meetings, bat they were regnlarly beid, and tbe seats are allowed. Mo. 0. I K. M. Carmthera. ; [of Turonbi.l BauItSt. Uarie. The absence of the formal certi- firitte of election, a certified copy of the p'oceed- ingsof the Vestry being sent in lie., tburecf. We allow this seat, iL ^ fact and regularity of election being IndisputHble from ilapera furniehed, and the eligibility of the Candidate as a Communi- cant, being vouched for by bia Toronto I'astor. No.?. Brighton. The fees have not been paid. The Ml -ton is ipgo facto die- fraiichisru as long a« the cause of disability in atlowed to coa tinue. CONSTrrUTION OF VESTRIES FOR FREE OHUBCHES. 7» Mlt*8I0K. Drliqatks. Objection. JJXCISIOII. No, 7. Toronto. ( olonel (iiiliiio)', I'rofedcor Uuckland, 11. LloyU Uiiue, Irrociilnrity in thu tlui'tiuii of j tlie tliinl Ucle- gatc. ' ,\t That It did not tiikc pliicu until alter lit'tecn (l».\ !> frum the rtccipt ot the iiutitlciilinii, from the bticit'tury- 'Ireasuiei- of the vacancy. Vi) Ihut tlic mover aiitl sec- ouiler of A.r. Iliuiu were nou- rc-idi'iitii wiiliiu I he cult! (II- iKiriili of £!i, !:>t<-plicii at thf tlLiiu of ihu L-leutioii, or lor I oueytur pluvious ; to the taiii elec- tion. I Anil inellKihility I of the Delfnato ' for lli^> not liaving j ('oniinunica:e(l I three timen ilur- j intf tlie year j>re- I vioiis tc tlie elc'c- I tioD. In this case Col. Robert B. DunixoD having secured a dou- hlu return, napiely, for this I'ansh anil I'arry t ' 8iita;ion rei|ulriiig the Incum- i hciit to give notico (an iu case j 1 ) for two consecutive Sundays, Hhicli wa^j done, and to hud the L'li'Ciiou within lifteeii days, which, hy some iuudvertenca I was extended to 17 or IS days ; I hut as wo aru called upon to deal with technicalities, we \ niuHt, as we have tiaid, give weight to thiii one and disallow ; the election. It has been considered unne- cessary to deal with the other (ihjcciionB, Ibo flrnt liavini? pre- vailed to the dl^iulluwuuce of the seat. No. 8. Tullawore. J. Coyne, M.l*. Jin Certificiito gr ■,nicd to the l>ek-ga(e, or for- w.iriled to the Secretary Trea- surer. I 'I ho objection in this case is , taken by oi"- shloneron behalf I of Mi'. Co.vne, on the supposed I ground that ho was i ot a Com- municant, whici" is met by a diHilnct Certittcavv. to the con- trary from thi! Incunilieiit of Krairptnn, hut in th" abHence ofthe udual certilicate of elec- tion wc are unable to do more than note the caeo without pro- nouncing any Judgmeut. CHAPTER X. (!!;0U$titutiou at \'t%Uit^ Uv |m C^ltiirdtfss. (Adopted by the Stjnod in ISOS,) [N"oTE. — Tn 1R57, Col. OTn-icn hroujjht forward amotion on th« iubjoct ofvo.stfics fur (Miun-lics in whicji the sittings are tVeo. It ./as read and discussed, and tlion refori-ed to the Executivo Committee. Session of ',do7, pages L'l and 28. Tn 1858, Col. O'Brien again brought tlie subject before the Synod, when the followi'ig Caiiou wa«j adopted : J 80 CONoTlTLTION OF VESTBIBB FOR FREE CHURCHES. "Whereas there are many churches in the country, in which, by reason of there bein^ no pews or sitting held by the mem- bers f>f the con^rcfijation thereof, no vestry can be lecrally formed for tbe direction of the said churches, the manapje- ment of their property, or other necessary matters ; and whereas by the Act of 19 and 20 Vic, intituled, " An Act to enable the members of the United Church of Encjland and Trclnnd, in Canada, to meet in Synod," authority is criven to the Bishops, Clersxy, and Laity, members of the United Church of Rnjrland and Ireland, meeting in Synod, "to frame consti- tutions and make re;]i;ulations * * ^ for the convenient and orderlv management of the property, affairs, and interests of the Church : MEMBERS OF FREE-SEAT CHURCHES TO FORM VESTRIES. Be it enacted, that in all such churches in this Diocese, where, by reason of the seats being free no vestry can be formed, the members of the congregation of each said church shall have power and authority to constitute and form a vestry. And such vestry shall consist of such members, being of the full age of twenty-one years, as shall declare thcnipelvcs in writing, in a book to be procured for that pur- pose by the congregation, to be members of the TTnited Church of England and Ireland and habitually attending worship in such church. And being so formed and consti- tuted, such vestry shall have the same power and authority, and do and perform such matters and things as are possessed and done bv vestries formed of holders of pews or sittings in other churches. VESTRY N01 TO CHANGE ANY RIGHT, RULE OR CUSTOM. Provided always, that such vestry shall have no power or authority to interfere with, alter or change any right, rule or custom existing in such church by virtue of any gift, endow- ment or regulation of the Bishop of the Diocese, or right or interest res'rved by him. Such right, rule, custom or reserved right or interest being set forth and recorded, either in a deed of gift or endowment, or by order of the Bisliop, in the book hereinbefore directed to be provided for the enrolment of the members of the vestry. And which record shall be 'luly authenticated by the then incumbent of such church, and by the first (not less than three) members of the congregation then enrolling their names. — June Session of 1858, pages 69, 60, 88, 89. L EKSCnON AND DIVISION f>F BOUNDARIES. 81 Note. — The draft of a new " Church Temporalities Act " prepared by a Joint Cojnmittec of tliu Several Diocesan Synods and published in the Church Chronicle for June, 1865 (pages 41-46) provided in section nine (page 9) for " Vestries and Cliurchwardens of Free Churches." This draft was referred back to the Committee, but in the same year the matter was brought before tlie Provincial Synod by Archdeacon Patton (chairman ot the Committee). A Joint Committee of that Synod was appointed to revise the draft submitted by him (Provincial Synod Report, pages, 1.5 and 70). In 1868 this Committee reported a revised Draft of Hill, in section 8 of which provision is made for Vestries and Churchwardens of Free Churches, (Provincial Synod Report for 1868, pages 58-00, 76). For reasons stated elsewhere, this Bill was not submitteil to the Legislature.] CHAPTER XI. Clmtion mA f id$ion of a(*an$he$, andi Mtttlmtnt nt ^oundarUisi. (Adopted in 185S, and amended in 1S59 and 1862.) [Note. — The question of fixing parish boundaries first occupied the attention of the Synod in 1853, when, on motion of Rev. Dr. Lett, the following resolution was passed :J 1. That this Synod is «d* opinion thatijreat practical advan- tages would be attained it'tixed territorial limits were defined, for the guidance of each clergyman having cure of souls within the Diocese, and therefore respectfully urge upon his lordship the Bislioj) of the Diocese, the ]>roi»rioty of devising a»id carry- •ng out, BO far as he may feel liimself empowered, a scheme )f division by which tliis desirable object may be secured. — Session of 1853, page 17. [Note. — The question did not come up again during the Sessions of 1864 or 1866, but in 1857, it was brought before the Synod. — (See pages 19 and 25 of Proceedings.) The consideration of it was, how- ever, deferred until the next session, when the following resolutions (which were amended in 1862) were passed. They are chiefly taken trom the English Statute, Ist and 2nd Vict., ch. 26.] 82 8ETTLEMBNT OF PABI8H BOUTfDAHIKS. Where.is it is expedient tliat defined local bounds be assigned to each settled cure, duly organized within this Diocese, and also that provision be made for the division and sub-division of existing parishes. Be it therefore enacted, by the Synod : CONFERENCE OF ADJACENT rARISHES TO AKKANOE B0UNDAKIE8. 1. That the clerijymen and churchwardens of each settled cure, now or hercafier to he established, shall from time to time, hold a conference or conferences with the clergymen and churchwardens of the adjacent parishes, and report the same to the lord IMshop for his consideration, and should his lordship approve of the same, then the boundaries so arranged, approved, and declared, shall be the boundaries "f the parishea or cures aforesaid ; and that the expenses attending the com- mission shall be borne by tlie parishes interested, in such pro- portion as the connnissioners may deem just., — No. 1, Session of 1858, pages 87, 88 and 88* ; amended at the ScBsion of 1862, pages 40 and 41. WREKE NON- AGREEMENT, COMMIRBION TO SETTLE MATPEE.^ 2. That in cases where the boundaries caimot be arranged by such mutual agreement, then that the Bishop be requested to issue a commission to two clergymen, and to one lay repre- sentative, none of whom shall be locally connected with said parish or cure, directing and authorizing them to investigate the merits of the c:i3e, and to decide thereon and to report tijeir decision to the lord Bishop for his consideration, and should his lordship a])prove of the same, then the boundaries BO arranged, approved, and declared, shall be the boundaries of the parishes or cures aforesaid. — No. 2, Session of 1858, pages 57, 87, and 88.* UOUNDARIES NOT TO BE CUANGKD FOB FIVE YEARS — PRESENTATION. 3. That the boundaries of a parish or cure being once do- fined, approved and declared, may not be disturbed within the space of five years, except in the case of new parishes. And that evory new and distinct parish that shall be erected as hereinafter j>rovided, shall be deemed, and is hereby declared to be a i)arish or benefice with cure of souls ; and that the right of presentation, upon avoidance, to the said benefices, unless legally vested in some other person or •persons, shall vest in, and l)e exercised by the Bishop of the bioeese ; and that after collation, institution, and induction by the Bishop, I a MODE OF SETTTNO APAST NSW PABISHE8. 83 the person so appointed to any such benefice shall be styled, and to all intents and purposes deemed, the Rector of the said Parish.— No. 3, Session of 1858, pages 57, 87, and 88*; amended at the Session of 1859, pages ;>2, 33 and 90, (section of Canon called §2 by mistake on i)agc 32). MODE OF SETTINCi Al'AKT NEW PAKISUES. 4. When any of the parishioners residing in any parish or any adjoining parishes, siiali have a desire to have a new and distinct parish erected, tlie said parisluoners shall present a memorial to the lord liishop, stating fully the reasons moving thereto, also the proposed boundaries of the contem}>latcd new parish, and whether the rector or n'ctors of the parish or parishes aforesaid be a consenting })arty, and when the iJishop of the Diocese shall be satisfied tliat the provision of the xviith section of the Church Temporalities Act have been complied with, or that the means for the worship of God have been provided, that then his lordship shall declare said portion of the parish to be a new j)arish. In cases where the rector, of BE REGISTERED. 6. That the b<>nnflaries of every parish erected under the autliority of this Canon, l»e entered and rcpjistered in a book to be ke])t by the Seoretarie? of the Synod for that purpose, and tlmt a coj>v thereof be furnished to any person applying, on payment of a fee of twenty cents. — No. 5, I hid. [Note. — A description of the bonndaries of various parishes in the city of Toronto, lunler the f»re2:oing canons, will bo found in the Church Chronicle for May IP63, pages 22, 23.] CHAPTER XII. pattagemrnt and Control of (^ttur^lt f rotrertn. I- Charch Property Tested in the Church Society and Synod. [Note. — The following is an extract from the report of a joint com- mittee of the Synofl and Church Society, laid before the Synod at the Session of 1860, (pagw 178, 184 and 206,) and adopted by it at the Session of 1861, page 289.] VESTING OF CIILKCH PKOPEUTY IN CHURCH SOCIETY. 1. Tliat the Synml shall vest in the Church Society the management and control of all the property of the Church, in or over wliicli the Svnod mav or mij;bt exercise iurisdiction, either aU)ne or concurrentlv with the Church Society. Pro- vidcd tliat any ])y-laws re5!-|>ectin«; i«uch property, passed by the Cliurch Society, shall be submitted to the Synod, in the same manner and to the same effect as by-laws of the Church Society respectin<]f the Sustentation, Mission, and Widows and Or- phans' Funds. — (yontinneil. Session of 1S61, page 289. — See Chapter on the '' Church iiociety of the Diocese.^'* KEVES'nNO OF CHUKCH PKOPEETY IN TUB SYNOD. [Note. — On the incorpoiation of the Synod in January, 1869, and ftie amalgamation with it of the Church Society, the property here- tofore vested in the Church Society became vested in the Synod, under the IncorporatioD Act of that y«ar, as follows :] BECURITY AXD PRnaKcTION OF CIIURClI PROPERTY. 85 4. All the property, of what nature or kind i^oever, now held by or vested in tlie s^aid Church Society, chilli he and \a hereby declared to be vesited in tlie Synod of the l)i(»ce8e of Toronto, without any conveyance thereof by the said Church Society to the said Synod; and the name of the said Synod ifi and t«hall stand and be in the place of the name of the said (yhurch Society in all deeds and other writinodies corporate wliatsoever, against the said Church S^-iety of the Diocese of Toronto, nuiy be brought, prf>seculed and enforced against the said Synod, and against its funds, jjroperty and etfects ; and noth- ing herein contained shall relieve any otlicer or (corporator of the said Church Society from any existing claim or liability at law or in ctpiity, or take away any right of action or suit of any corporator of the said Society or other person, or of the said Society, in respect of any of the atl'airs or j)roperty of the said Society. Act of Incorporation, (assented to iiSrd January, 18(19). 82 Vic. eh. 65. Session of 18t;i>, pages 110, 111. II. Security and Protection of Church Property. [Note. — In 180J the following r«'solutioii \ths passed:] 1. That a (.'onnnittee l>e ap|)ointed tor the purpose of inquiring into and re|Kjrtiug upon the best means by which the property of the church, esjiecially as regards the payment of taxes on occupied lands, insurance and repairs of buildingSj etc., can be protected, either b}* commissioners, as in England, or otherwise, as may l>e considered better adapted to the laws und cireumstaucceaof this proviuce. — Session ot IbCii, paj^e 3U. 86 cnrncnwARDENs* statemknt — repairs of nuiLDiNoa. CnURCII WARDENS TO FURNISH STATEMENT OF PROPERTT. [Note. — In 1868 this Committee made the following report :] 2, Tliat until the proposition of S. B. Ilarman, Esn., for a rcpilar rojfistration ot (loeds [he concurred in by tlie oynod], the Rural Deans fshould require from the several church- wardens a detailed statement "f the church property within tlieir several parishes on the 7th of April in each year ; and the several Deans should report the same to the Archdeacon on the 7th of May in each year, for the ii. formation of the Synod. Session of 1863, pajje 24. [XoTE. — An olahorato report of the committee on the subject of the security of Church property, wa*? laid before the Synod in 1864. The report was received, and the following resolution was passed :] 3, That the rei)ort of the Committee on the subject of security of Church propert}' bo received and printed tor cir- culation. Session of 1804, pa«^e 31. [Note. — Nothinpj on this Rubject was done in 1865; but in 1866 a Canon was introduced, embodying the report of the Committee of 1864. After some di<ri«j:iniil erection of ])ar3onage, fences, and gates ; and sliall further be responsible to the Ineunil>ont, on his induction to the parish, for their etHcrient order nnd repair at the time of said induction ; but it shall then l>e the duty of the Incumbent to keep them at all time in like etKcient order and repair. The standard of such ethcient order and repair* as to gates and fences being the municipal rule or law, where Boeh exists, or otherwise the ordinary custom and rule of land- land and tenant. INTUMKENT TO BTIAR EXPENSE OF REP A IKS — APPEAL. 3. Should the Incumbent, by wilful ncjrliirenoe, or bv any act of commission or omission, sutler the said buildings, gates, or fences, to get out of re])air, it shall be the duty of the Churchwardens to point out such dilapient, and request him to remedy the same ; and the Churchwardens, may, after three montlis, and i*' ihere be no appeal to the IJisliop, employ a suitable mechanic or mechan- ics to execute the necessary repairs ; and the certiiied expenses theref»f thev mav deduct from anv funds in, or i»a:->inir throuirh, their hands, ]»ayal)le to the Incmnbeiit. Jhit should the In- cumljent feel aggrieved by such contem]»lated action of the Churchwardens, he may aj)peal to the lii^hop, who shall, if he sees fit. appoint a Committee, consisting of the Kural Dean, and one or two, or more neighljouring Clergymen and lay- men, to be named by the IJishoj), or under his authoiity by the Archdeac(>n ; wliich Committee shall enquire into the same, reporting their decisicm to the I>is]iop or Archdeacon, as the case may rcqiiire ; and such decision, when approved hj the Bishop or Archdeacon, shall be final. MATERIAL REPAIRS, liY WUOM TO BE BORNE — MORTOAGES. 4. Should any extensive improvements or rej^airs become necessary from la])?e of time, or otherwise, such as new roof- ing, painting, or rejdacing ot matters necessary to the stability or safety of the buildings, erection of new fences, or placing the same in cHicieat re]>air and order as pointed out in the foregoin section, it shall be the duty of the Clergyman to lay a dc'.ailed statement of the same, with an approximate esti- mate of the expense before the usual Easter meeting of the vestry, having previousl3'^ given notice of his intention to do io, or before a vestry meeting apeoially convened for ihtt pur- 88 DfSCRANCE OF PAR8<>NAOK8 — TITLE — TAXES. peso; and should the incml)er9 of the vestry sanction the same, the Churehwurdcns thai I forth witli proceed to ett'ect the neeessary repairs, providinnj for tiie expenseH thereof from the 'j funds of the Church, by parociiial subscriptions, or by any J; other mode determined by tiie vestry ; provided that in no jil ease shall the property of the Church be so encumbered by Pii debt or nu»rtgii«re to a fjreater amount tlian one-tit>h of the value of the propercy, to be ascertained by competent valua- tion, nor shall the e.\|>ense of such iniprovements or repairs be defrayed from any funds ai)pr()priatcd to or pertaining to the supjiort of the (Jlergvinan. CHURCHWAJtDEXd TO HAVE BUILDINGS INSURED. 5. That wherea.s no proper i)recaution should be ommitted for the preservation of the property of the Church, it shall be the duty of the Ciiurchwurdeiis to keep all the buildings thereof constantly insured in some responsible office. REC«>RI» OF TFTLES BOOK TO BE KEPT. 6. That a book of record be kept in every Church by the W'ardenti, in which shall be entered a sufficient abstract of all ttles and deeds by which the lands of the said Church, whether site of Church, burial ground, glebe, endowment, or whatsoever they may be, are held, showing their date, by whom given, situation, quantity of land, conditions of trust or gift, when and where registered, and any other information necessary to a full understanding of the same; also, if wild or unoccupied land, whetiicr any or what provision is made for payment ot tuxes, wliun the taxes have been paid, and what arreai's of taxes may from time to time accrue. WHKN TAXKS SHALL BIC PAID BY INCUMBENT. 7. That whereaa there is much vnliuible, though at the time unproductive, laud held as endowments for Churches or parishes, and much loss has been incurred by the sale of such lands for taxes, it is necessary to define on whom the respon- sibility of the payment of such taxes should rest. In all eases where wild land or waste lands arc held, being unproductive, and the Incumbent deriving no benefit from them, the expense of maintaining such lands should be a charge on the parish or church, for the benefit of which they are given ; and in all cases where any benefit or emolument is derived from UiailHliiATIoN OK ( IUKCII I'UOI'KUTV UKtDS. Sl» any i^\u-\i jmccc or puree! <•!' lan«l l>y \\iv IncuiuUeiit, or on hU his lic'liJilt', tlicii till! oxpensus of taxation !«liouM lie home \t\ hni'h liiciiinheiit. I'AUTIKS IIOM)l.\(} CUl'ItCH PKoPKlMY TO SEN'I) STATKMKXT To cnriicnwAKUKss. S. TliJit in sieoonhiiice with tiie foivtrijinir, the Ciinivh Society, or otlicr piirtics ii.ijthni:: real estate or otlu-r property in trnst for any partienhir Ciinreh ttv pari>h, tale- iiient <»f the same to the CMinreh\var«lens of sncli Chureli or parisli, to he recorded as hereinhef«»re direeted. DOCl'MKNTS AM) UKCOliDS TO IlK KKIT IX A .SlUOXG UoX. *.♦. Tiiat for tlie Convenient safe-keeping of sneli re<'ord- hook, as well as otlier (K)eunients, papers, or reeord^, a r«ulli- cient stroni;- hox with loek and key, >liall he j>rovided l>y the (yhurciiwardeiis, and kept in the vestry of sanl Ciinreli ; and shall heat all times niuler sn(*h ordinarv aJul convenient reirn- lations as may he adopttMl hy the vestry, open to the inspec- tion and lor the information ot the parish, ns well iis for any Alii.'H DEACONS. 10. Tiiat for tlie inirpose of dniv enforcini: t'lc forciXtMnir roucniations, it sliall he the dnty of the Knral J>eans, each in his own ivural Deanery, actin<; under the authority of tlie JJishop or Archdeacon, carefully to examine into the same from time to time as lie may he re«piired, or have convenient opj>ortnnity and to take such steps, in cases of neglect and failure, as may he necessary therein, according to tlie author- ity with which he is clothed; al>o, that the Archdeaciui ^liall. in his visitation, examine into all &uch matters, either a]»prov- ing of the manner in which such rules and regulations have hei'U carried out, or otherwise if not !»o done, and in any case of neglect or noii-(;onipliance, to take such steps as may &eem to him desirahle in the premises; making an entry in the record-hook of each Ciiui-ch, of such uxaniinatiou, and the rcHult thereof. III. B«gistration of Deeds of Chnrch Property, &c. [Note. — In 1858 the following rcsulutiuu was adopted :J 1. That a committee be appointed to take into cousidera- lion the hesl mode of proceeding for the registry ami safe e> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 |50 <* •^ IM 12.2 «. — iii|2.0 1.4 1.8 1.6 V] vQ *V'^ ^ ■!» o 7 / /A 4^ % ""% 90 REGISTRATION OF CHURCH PROl'ERTY, oustody of all deedfi relative to Chiiicli property. — Session of 1858, page 146. [Note. — A Report of this Committee was presented at the Session of 1850, [pages 65 and 99] ; nothiiiji; further, liowever, was dime on this sulij'ect until ]^!02, when tlie comiuittec on registration of deeds «fec., was ve-appointed (See proceedings of 1862, page 39,) and in 1863, presented its report (See proceedings of 1863, page 22). In JS«»:{, tiie fonmiittce was continued, (Sec proceedings of 18U3, page 18), and, in 18(U, presented its report on the subject, (Sec proceed- ings of 1804, page 25.) This report was concurred in and the fol- lowing resolution adopted :] I'uixcirr-E OK kkgistration aix)1'Ti:i> by tue synod. 2. That the report of the eominittee on registration be received, and that the Synod in receiving the same adopt the principle therein conuiiended, of the necessity of a com- plete system of chnrcli registration ; - "••' ^ that the Provis- ional Kegistration Committee recommendeointed, w tli j)o\ver and authority to place themselves in communication with the rectors, incinnl)ents, ami church- wardens of parishes and missions, with the view to tlie collec- tion of further materials and data on this important subject; and that they are furilicr re({uested to propose a canon to be sulnnitted to the next session of ^ynod, to make the proi>osed system to go into operation. — Session ot 1804, page ol. [Note. — In 1865, the following resoluiion on tliis subject was adopted ; | 3. That the Provisional Registration Committee not having been able to re])ort at the prc>cnt Synod, be re-aj»pointed, with the same ])o\vers and for tlu^ same purix>ses named in the resolution for their original apjvdntmeiit at page 31 i»f the ]trinted minutes of last session. — Session of 1805, page J8. |NoTK. — In 1 8(>6, the C.'onunittee was re-appointed, but never re- ported. No fonimittee was appointed on the subject in IbOT, 1868, 1869, 1870, or 1871. | III ' BALK C)l'' Ui:(n\)RV LANDS. •Ji CHArTER XIII. [XoTE. — In 1805, a meinorial to the Legislature was adopted by the Provincial Synoil, "praying for perniiss.ion to sell licctory Lands in the s -vcral Dioceses of tho I'rovince," — " the proceeds thereof to be iiivsted and applied to the purposes for which the said lands were originaliy granted." The memorial was entrurted to the Il«jn. J. IL Cameron. — (Journal of Provincial Synod, 18^55, pages 48, 49, and 06.) The memorial having been presented to and favourably entertained by the Legislature, an Act was passed in August, 18GG, (:i9 and 30 Vic., eh. 10,) "To Provide for the sale of Rectory Lands in this I'rovince." In June, 1807, the Church Society of the Diocese of Toronto pa.ssed a by-law for giving effect to the Act, and appointed a committee to carry it into etfect. This Bv-law is as follows : — " Whereas according to the provisions of an Act <>f Parliament in that behalf, the Church Society of the Diocese of Toronto is vested with power and authority to sell and dispose of any lands granted by the Crown,, as a glebe of, or as appurtenant to, or belonging to, or ap- propriated for, any Rectory in the said Diport for 18G8, page \-2). This by-law was reported to the Synod in 1887, and in regard to it, the following Canon was passed : J Whereas, hy tlie permission of the Act of Parliament in that behalf, the assent of the Synod of this Diocese is required to the sale, by the Chnrcli •Society, of any of the lloctory Ijauds that come within the said Act. ASSENT OF SYNOD TO SALES OF RECTORY LANDS. \. Be it enacted, tliat the Bishop, Clergy, and Laity, of this Diocese in Synod assembled, shall, and do hereby assent to any sale or sales of said liu(;tory lands that may be made by the Church Society ot the Diocese of Toronto, after such sale has been agreed to in writing by the Incumbent for the time being of such Rectory, and approved by the Committee of tlie Synod of this Diocese hereimiiter luinied, STANDING COMMrrTEE TO ACT ON BEUALF OF SYNOD. 2. That a standing Connnittoe of this Synod, '^" '" "'^ * shall be annually a])pointed by the Synod, to act on behalf of the Synod in giving or refusing assent to any sales ot the said Kectory Lands by the said < hurch Society, and no sale shall be effectual until assent has been given thereto by the Com- mittee, or a majority of the Committee, and every deed of such sale shall be under the Seal of the Synod as well as of the Church Society. . . COMMrrrEE to keep record and report to synod. 3. The said Committe(! shall keep a record of all their trans- actions, and shall report to the Syno I. — Session of 1867, pages 65, i^Q. SALE OF GLEBE LANDS. 93 [Note. — In 1870 an amended Constitution of ilio Synod was passed whieli provides, in se«. lion 26, for a Standinix Committee on Rectory Lands, and two otlier matters. That part of the section rehitiiig to Rectory Lands provided :] SYNOD COMMITTEE MAY DISrOSE OF KECTORY LANDS. 4. Tliat tho Committoc shall have autl'.ority to dis])08i; of the Ilectoiy Lands of the Dioce.-e, and to take charire of and administ' the proceeds arisini; fn>in t^ales of the same, in accordance Avith tlie s])ecial hv-law of the late Church Society governinc;^ the administration of su/di funds, or in accordance with any by-laws adoi)ted, or that may he adopted subse- quently by the Synod. — Session of 1870, page 04. CHAPTER XIV. ,^ale of (^Uht pndiji. [Note. — The Statnte 2S Vic., ch. o4, was intended to give to the Bishops, RcM'tors, and ^rend)crs of the r)iocese of Toronto the same powers as tlie Act 25 Vic, eh. 86, irives to the Bishop, etc., cff the Diocese of Ontario, to sell and transfer hinds and personalty vested in them. A donbt havintr been felt on the suhject, the matter was hrought up in the Synod of 1 870, and the followini; resolution was pro- posed by Canon Read : — " That the Solicitors of the Synod be instruct- ed to apply to the Provincial Legislature to amend the Act intended to give the Diocese of Toronto the same powers respecting the sale of glebe lands as those possessed by Iluron and Ontario." Li amend- ment, it was moved and carried :] 1 "Tliat a Select Committee be nominated by his lordshi]> the Bishop, to whom be referred the subject matter of the resolution of the Rev. Canon Read, with power to act thereon." —Session of 1870, pages 40 and 72. Note. — This Committoc having been appointed by the Bishop, considered the uiattor and reported that the objection urged was well founded, and "that further letxislation " was "necessary in the premises." A draft of Bill to facilitate this further legislation was presented, but nothing further seems to have been done about it. — Session of 1870, pages, 201, 202. The matter did not come betore the Synod in 1871.J ^' '. ■4'^'WIW»T— 04 rATHONAGE OF THE RECTORIES. 1 "' CHAPTER XV. [N^OTE. — The riiirht of presentation to tlie Rectories, whicli were esliiMished in Upper CuniifJaby Sir.Tolin ('olbonie, having, up to 1S51, been vested in llie riovornor f)f tlie Province, (as representativi- of the (^ueen), it \Yas in that year transferred to the Ohnrch Society l«y the Act, 14 and 15 Yict., eliap. 176, as follows : " The richt of presentini« an incumbent or minister to any Parsonage or Rectory, shall rest in, and be exercised by, the Church Society of the Church of England Diocese, within wliich the same is situated, or in such other person or persons, bodies politic or corporate, as said Church Society, by any By-law or By-laws to be by tliem from time to ''uie passed for that purpose, may think fit to direct or appoint," Consolidated Statutes of Canada, chap. 74, sec. 4. Under the authority of this Statute, the Church Society gave the right of presentation to the Rectories to the late Bishop of the Piocese, on the 5th of January, 1853, on motion of the Hon. Chief Justice Robinson, as follows : •' That the By-law submitted at the last monthly meeting by the Committee appointed to draft a By-law on the subject of the disposal of the Patronage of the Rectories at the Special Meeting held on the 18th of November last be now adopted and recorded on tlie Minute Book of the Society : " Whereas l»y an Act of the Parliament of the Province of Canada, passed in the fifteenth year of Her Majesty's reign, to which the assent of Her Majesty in Council was declared by Proclamation pub- lished on the ninth day of June in the year of our Lord, one thousand ' eight hundred and fifty-two, which said Act is intituled, * An Act to repeal so much of the Acts of Parliament of Great Britain, passed in the thirty-first year of the Reign of King George the Third, and chaptered thirty-one, as relates to Rectories and the the ]'resentation of incumbents to the same, and for other purposes connected with such Rectories,' it is enacted that, in the event of its being judicially decided that any of such Parsonages, or Rectories, as are in that Act referred to, were erected according to law, and until a judicial decisio!! shall be obtained on such question, the righ: of pre- i: PATRONAGE OF THE RECTORIES. 95 a>e- spnting an Incnmhcnt or Minister to such Parsonajre f>r Rectory, shall vest in and be exercise*! by tlie Clunrh Sociclv of the (^liurch ol' En<;lanfl J)ioccse witlun which the same shall he situated or in such other Person or Persons, bodies politic or corjtorate, as such Churcli Society, by any 1 y-law or by-laws, to be by them from time to time passed, shall or may think fit to direct or appoint in that behalf. Ik- it therefore enacted and ordained by the authority of tbe Acts here- inbefore recited, and of the Acts ])assed in the seventh year of Her present Abijesty's reign, entituled 'An Act to incorporate the Church Societies of the United Church of England and Ireland in the Dioceses of Qu(be<^ and Toronto :" That from any the authority of the lord Bisliop of the Diocese." In au)endnient it was moved by Key. Rural Dean Let* "3. That the consideration of the resolution now read beadjourned till tlie next meetinrr of the Society, (or in the event of the incor- poration of the Synod, till the next meeting: of that body,) and that should any Rectories f;j|| vacant in the interim, that the patronafre of such Rectories, be, and is hereby declared, vested in the lord Bishop. This amendment was carried. — Miiuites of Church Society, 11th November, 1868, pages 224, 250, 2.51.] On the incorporation of the; Synod in 1809, tlie Church Society was merged in the Synod, anil tlie rit^ht of presentation to the Rectories was transfen'ed from the Church Society to the Synod of the Diocese, by the Act, 32 Vict., chap. 51, as follows: " The said Synod shall have all the jiowers, rights, privileges, and franchise, conferred upon the Church Society, [hereby united to- and incorporated with the said Synod], by several Acts of tlie Legis- lation of the Province relatiuir to the said Church Society." — Session of Synod, ISTO, pages 101, 102. The subject was brouofht before tlie Synod, as part of th j " unfinished business of the late Church Society." — (Page 36 of Proceedings.) Tt was moved, — " That whereas the patronage of the Rectories is now- vested in this Synod, or in any body corporate, or person to whom the Synod may grant it: Be it enacted that in all future appointments to these Rectories, the lord Bishop do name three Clergymen to the Vestry of such vacant Rectory, and that the said Vestry do then select one of the Clergymen si> named and present him to the Bish()p for induction to the said Rectory." In amendment it was moved, "That all after the words 'these Rectories' be omitted, and that the following be substituted: — *'the patronage be aa heretofore, vested in the lord Bishop." It was further moved in amendment, "That there be a Patronane Committee consisting of four members, — two Clergymen, to be named by the lord Bishop, and two Lay in an, to be elected by the 98 PATRONAGE OF THE RECTORIES. i .i Synod at the .'inniial inoctiiifx thereof; and whenever a vacancy shall occur in any Rectory, a vestry meeting, shall he called Ity the Chnrch- Avardens, witliin one fortnijjlit after sneli vacancy occurs, for tlie election of three doh\<;ates, wlio, in conjunction with the I'atronai>;e Comtnittee, shall i, miinate to such Ilectory a Olerijynian of the United Church of England and Ireland not under ecclesiastical censure." This amendment was lost on the follow! ii<; vote : Veas, 7h ; nays, 9'A ; lost lay votes, 8. The first amendment was also lost : Yeas, 78 ; nays, 53 ; lost lay votes, 4. It was then moved, "That when a vacancy shall occur in any Rcctorv, l»v the death or removal of the incumhent, a vestry meetiinjf shall he called, when the names of two or more cleri^ynien shall he agreed upon hy a vot(! of the pew-holders and male (•(innnnnieants, and presented, to the JVisliop, who shall appoint one of the clerislii»p the entire choice." The amendment was lost. Tn anendmcnt ai>airi, the followinjr resolution was proposed : '' That tlie patrona<4e of the Rectories he vested in the lord Bislutp, provided that no appointmcMit to any vacant parish ho nnule ])ut with the con- currence of the majority of the Churchwardens and the Delegates to the Diocesan Synod, resident in the parish, from the Rectory interested ; oi' uidess the majority of the above-named Churchwai'deiis and delc- ujates exi)ress to the lord JJishop, in writinjjj, their desire that lie should make the appointment, without reference to them." This amendment was also lost. Au,'ain it was moved, "That when a vacancy shall occur in any Rectory, hy the death or removal of the incundK'iit, a vestry meetiuji; shall be called, when the names of two or more clergymen shall ho agreed upon by vote of the pew holders and male communicants, and pivsented to the Bishop, who shall appoint one of the clergymen named to the vacancy ; or the vestry meeting may delegate to the Jjishop the entire choice." The amendment was lost. Again it was moved, "That the appointment to the Rectories be vested in the lord Bishop of the Diocese, provided that, before making any aj>[)ointment to a vacant, parish, he shall tirst confer Avith the church wardens and lay delegates resid(!ut in the parish, giving them an opportunity of stating any objections, or supposed objections, to hi« nominee." This amendment was lost. It was then moved : — 1. 'J'liat the patronage of the Rectories l)e vested in the l>ish(>[) of the Diocese until the close of the next lueotiiig of the Synod. '■_j '.^ 2. That a Committee of six memhers, three clerical and tlu'ee lay, shall he named by the Bishop to confer with him, and re- ])ort to the Synod at its next Session, in what manner, the patronage of the various rectories and incumbencies in the PATRONAGE OF THE KECTORIEtl. 99 Diocese shall be dispensed. Session of 1S69, pafjje 44. This amendment was carried. — [Note. — The Bishop announced that he had appointed the f'ollow- inij; Committee to confer with him rospectini; the l*atron.ap-o of tlie liectf)ries and Tncumhoncios, in accordanco with the rcsohition passed at the Morninnr Session of the Synod : the Very Rev. tlie Dean <>f Tonjnto, Ven. Archdeacon of Toronto, Rev. .1. C Oedfles, Hon. ,J. H. (Jameron ; S. II. Blake, and Clarke Oaiuhle, Es(js. — pages 55, 5(i. Tn 1870, this Committee reported as foUows :] The Committee appointed at the last Annual Session of the Synod to " confer with the lord Bisliop, and to report to the Synod in what manner the patronajie of the various Rectories and Tncumhoncies in the Diocese shall Ix' dispensed," hen; to report, that the Committes have had several conA'rerices with the lord Bisliop in reference to the important subject of tlje future am».s moved ill aineii(lino,iit, "That clause two of the Canon l»e struck out, and tlie followiii<; inserted in its place, "When a vacancy in a I'arisli or Mission shall occur, a meetiiiix of the comjrcijation sliall, within fourteen days from the occurrence of such vacancy, be called by the Chnrchwardens of the Clnircli or Cliurches within sucli Parisli or Mission, at wliicli mcetiiii; three Laymen, to bo called Xominators, shall be elected by tlios^e leijallv entitled ti' vote for Lay Delejjates ; in case there be more than one Church in a Parish or Cure, the nioct- iiitr t"<^r the ele(;tion of Nominators for such Parish or Cure sliall be held ill or near th<^ Church which on tlu^ Easter Day of tlie year precediiii; bad the larixest number of Communicants, such Nominators, tocrether with the (^)U^nittee of Patronage of the Diocese shall fomi a Poard, of which P>oard the Nominator standini; hiuhest on the list shall be convener, and such meeting shall be lield in [the Parish or Ciir(^ wluire the vacancy occurs." ■■^^, Moved in amendment to the foregoing amendment, " Tliat the f<»l lowing words be inserted in clause two of the Canon : — " Together with the Archdeacon for that part of the Diocese wliere the vacancy ofcurs, the Rural Dean of the District, with Churchwardens, if Com- municants, and the Lay Delegates of the Parisli." — Lost. Tt was then moved in amendment to the first amendment, " That witliiii one month of the occurrence of a vacancy in any Parisli, the representatives of such Parish, that is to say, the Chnrchwardens and T>ay l\e))resentatives to the Synod, residing in the T*arish,hold confeience with the Bishop of the Diocese in order to fill up such vacancy by electing a Clergyman accc])table to the Parish and approved by the Pishop ; the Clergyman thus chosen shall be the Incumbent of such Parish ; but in case no election be thus effected, the nanios of the Clergymen nominated respectively by the Bishop and re]>resentatives of the Parish shall be brought before the people of such Parish in a meeting duly called, and the Clergyman having three-fonrths of the voters of those entitled to vote for Lay Representatives, shall be the In- cumbent of such Parish." — Lost. Moved again, in amendment to the original amendment, "Tliat on the vacancy of any Rectory, Incumbency, or Mission within the Diocese (with the exception of Missions sustained in whole or in part by the Mission Board, the mode of appointment to which Mission shall continue as heretofore), the appointment to the vacancy shall rest with the lord Bishop of the Diocese : it being, however, provided that, befere making such appointment, the Bishoj> shall consult with the Cliurchwardens of .the vacant Parish or Mission, and with the Lay Delegates of the sanjo (if such Lay Delegates sre resident within PATKOXAOE OF THE RECTORIES. 101 ions Loflhj said Parish or Mission), for the purpose of recoivini; any object wliicji tlioy may make ajj;ain.st the proposed a])pointmeut." Lo» a iion-cuncurrenoe of the two orders, viz. : Total Clekical — Yeatt, 40; Noys, 10. Total Lay — Yeas, 20; iV7/y«, 25; Lost Vofes^ 2. — 60 )7«>, SV^ai/s 35. It was then finally moved and carried :J 3. Tiiiit tlie coiisidenitioii of tlio ijiustinn of ratri'iia^e be deferred t«> tlie next nessioii of tiie Synod, and l»e tlie rtr»t order of the dsiv after the eieetion of Dele«cates to the Tro- vmcial Synod; and that the Patroiiai^e of tlie Kertories Ik- in the meantime vested in the lord liishup. — SeSKsion of l.>7<», page 71. [N"oTE. — III his address to the Synod in IRTl, the Dishop thas re- ferred to the (juestion of Patronage. He said : — " We cannot o%er- look wiiat was hust year the snl>ject of earnest discussion, and on winch s<;nu^ decision may hy he expected at our present Session — I mean the (juestion of I'alronagc — so that appointments to Kei-tories and other Ineunibencies may he made in accordance with recoj^nized E])iscopal rights, and with a due consideration of the interests and wishes of the congregations concerned. 1 have endeavored, in all such Jippointments Jiitherto, to meet as far as possible the wi>he« or expectations of congrei:ati<»ns; hut the Synod will understand that, without a great sacrifice ot other interests in the Cinn-eh, this is not at all times possible. It is not simply the transferring to a vacant j)arish of a suitable , and acceptable person that is attended with dillicuity ; but innumerable complications present tliem>elves in supj)lying the vacancies thus created elsewliere. 1 am by no means desirous ol exercising this dilHcult duty (jn my hingie respunsibifity ; and, while 1 contend ajrainst auvthiny' like direct and abM>lute popular election as most hurtful to tlie general interests of the Church, I am sensible of the need of giving a careful consideration of the sj>ecial reion Board, the mode of appointment to which Missions siiall contiinie as lieretofore) the appointment to tlie vacancy shall rest in the lord IVishop of the Di >eese ; it being, however, provided that, brfure makitii; such appointment, the liishop shall consult with iJepresontatives of the vacant Parish or Missioji elected from year to year for tliat purpose at the Easter Meeting, or in defa\dt of sucii election, with tlie Churchwardens and Lay -Delegates of the same (if such Lay-Delegates are resident within the said I'arisji or Mission." Moved in amendment, " That all the words from " here- tofore) " in the 5th printed line above be expunged, and the follow- ing words be added : — '• the nomination to the vacancy shall rest in the (V>ngregation ; it being, however, provided tJMit before an appoint- ment is made, the Representatives of the vacant I'arish or Mission elected from year to rear for that purpose at the Elaster Meeting, or in default of such election, the Churchwardens and Lay -Delegates of the same (if su(di Lay-Delegates are resident within the said i'arish or Mission) shall consult with the iJishop, for the purpose of his advising them, and stating any objections which he n);iy iiave against the ])roposed appointment." This amendment was lost on the following vote. C^LKKicAi,. — }'<•y-law, as follows : — I. llijit (»ii tlie vacniicv of aiiv Rectory, IneuinlxMicv, or Mission witliiii tlio Diocese (with the exception of Missiims sustained, in whole or in pM't, by the Mission Board, the mode of appointment to whieli jlissi(.>ns shall eoniinneas heretofore) the appointment to the vacam*y shall rest in tlu; lord IJishop of the DioecBe : it ])eing, however, ju'ovided that, before nuiking* such appointment, the Bishop shall consult Avith the Church- wardens and Lay-Representatives of the same, provided that such Lay-Delegates are resident within the said Parish or Mission. The vote taken was as follows: Total Ci.euical. — Yias, 89; Nans, 12; Clerical Yea majority 77. Total Lay Vcas 52; Nays 36 ; Lost Votes, 6 ; Lay majority 16. Total Yeas, 141; Nayi, 48; Majority of Yeas, 93. :!'.ii cm RCII TEMrOKALITlES ACT OF 1841. lo;'. i CHAPTER XVT. (fUMrrU cTfmparnUtiesi %ii of 18'i). fXoTE. — The subject of the Clmrcli Toinporalitios Act, passed in 1841, came up fur consitlcration at the Synod of 1K."5+, when the followiui! rcs«dution was passed :J 1. That a coniiiiittee of the Synod be now formed to con- sider what alterations it is dosirai)le to have made in the Chiirfli Temporalities Act, and to prepare a petition t(» the lx^i>lature in accordance therewith, iV:c. — Session of 1S54, j>ai;es IT. 27. [Note. — The Committee not havlnpj acted (the matter haviiii;- been i^ ac^-ideiitlv ovcrlu«jked), it was directed in iSou : | A" 2. That the connnittee on tlie Temporalities Act he dis- cliar^e*!. — Se>>i«»n of 185(), j)age 21. [N'oTE. — The (juestion of Cha-ical Fees, umha- the Church Tem- poralities Act havinS. I Note. — This conference havini: been held, and a draft Dill having J»t-«'ii wibmittfd to the Syno.j in 180r), (Sessiou Uei»ort, |)ages 25, 'Jt5) it was, aft<.*r disitussion, asj;recd :J 5. That the draft >ented by the ('ommittee on that subject, a})pointed at the hist Synod, be referred back to the same Committee, \irilli a view to it-; being I'urther ])erleet(Hl In its details, and to it£ lieiiig brought before the uext Synod. — tSessiou of 1865, page 51. ■-^•'-■^-'-■> 104 CHURCH TEMl'OllALITlES ACT OF 18 tl. ¥' liir [Note. — The niatlcr lidviiig been brought before the Provincial Hyiiod, ill the same year, the committee ceased its labors. The Pro- vincial Synod adopted a memorial to the Legislature asking for j)ower, (which was granted in 1800,) to repeal, change, and amend by by-law or canon, any portion of the "«. Imrch Temporalities Act,"' " subject to certain reservations therein made," (Journal of I'roceeJ- ings for 1805, pages 15, 55, 50.) In 1808, the Provincial Synod took the matter up and ap|>ointed a committee to prepare a by-law on the subject, which was adopted. (Journal of I'roceedings, IVovincial Synod, pages ;}5, 58, 07, and lOU.) The matter was again brought before tiie Toronto Synod in 1870, on a report (enclosed by the Pro- vincial Secretary to the Synod Secretaries,] from the Hon. Sir John A. Macdi>na'd, Minister of Justice lor the Dominion, and the follow- ing resolution was passed :J G. That the iiiattur comprised in the following notice of motion, viz : " That whuroiis the Minister of Justice for tlie Dominion of Cnnada has given his legal opinion, dated November 5th, i80i>, that tlio approval required under the statute passed by the Logislatm-e ut the Province of Canada (2*J tV: oU \'ic., cap. J5), Owtitled "An Act to make turther provision in relation to the temporalities of theP'nited Church of England and Ireland,"" by the Governor in Council, must be given by the I'rovincifd Governments of Ontario and Que- bet^ ; [be it rcsolvedj that [tliej Memorial [to] be presented to the Governments of Ontario and Quebec, respectfully praying them to sanction the Canon passed in the Provincial Synod of 1S(>8, in accordance with the authority conferred n])on it, so that it may liecome law," be coininitted as far as this Diocese is concerned, to the Committee charged with the care of the matter coverei-l by the Itev. Canon Head's motion above cited, (/. e.^ on the sale of Glelje Land,s. — See Cha^jter Xlll. page Hi of tiiese Canons, etc. Session of 1870, pages 40, 41. {NoTii;. — The committee met and reported that a Memorial be pre- sented t<.> the Lieutenant Governor of Ontario in Council, praying for the approval rcijuired by the Act to the Canon referred to in the order in Council. — (Session of 1870, pages 72 and 201.) The subject was not again brought up in the Toronto Synod, but it was brought up in the I'rovin.cial Synod of 1871, and the Report of the Minister of Justice laid before it also. A committee was appointed to consider the matter, and they recommended " that ap- plication be made to the Local Legislatures," to embody in an Act *' the provisions of the Canon, or so much thereof a.s may meet with the approval of the respective Diocesan Synods." — Journal of Pro- ceedings for 1871, pages 21 y JiO and 57. The question of a Table of Fees, authorized by the 14th section of the Church Temporalities ERECTIOX OF CHUliCIlES AND I'ARSOXAGES. 10.: Act, was brought before the Toronto Syiiu.l in 1871, when the ful- iowing resohition was passed :) 7. That the lord Bishop be requested to put forth a Table of Fee>, ill accordance with the provisions of the [14tli section] of the Church Temporalities Act. Session of 1671, page 70. [XoTE. — The 14tli section of the Temporalitiors Act is as follows: •' The tecs on nia.riages, baptisms, a.u) other servii^es of the Church of the like nature, and the charges payable on breaking the granid in the cemeteiies or church-yards, and in the said churches f'»r bury- ing the dead, siiall be reguhited by the Ordinary, or in case there be no Ordinary, by the Bisuop of the Diocese.''] CHAPTER XYII. (^wftiaii of i^\n\mUt$ ana -gai'siouuijc [Note. — The Church TeniporaUties Act having been found detec- tive in providing for the erection and n^pairs fo" parsonage houses, the following resolution was passed, 1858 :] 1. That a committee be appointed on the subject of build- ing parsonages, repairs and dihipithitions of the same, and report thereon at the next meeting of the Synod. — Session at Toronto, of 1858, pages 55 and 70. Note. — At a meeting held at Kingston in the same ye.ir, (1858) a report from the committee on parsonages was laid before the Synod, (see pages 124-130,) and its consideration postponed until the next year, (page 144.) In 1859 this report was taken up and ref-rred to a new committee, (see page 82,) together with amendments by the Rev. D. E. Blake, A.B., to a proposed canon on the subject. — (See paj:es 102, 118-124.) In 1860 another report was presented to the Svnod, incorporatuig several of Mr. Blake's suggestions. — (See pages 176, and 178.) In 1861 the adoption of this report was moved, but the report was "recommitted," (page 278). A series of canons founded on the report ^»»» proposed by the committee and submitted for the adoption of the Synod. The report was concurred in and the canons approved, but they were laid over for continnation at the next meeting of Synod, (pages 290-294.) In 1862 the canons did not come up for contirmaLion, nor was the committee on the subject reappointed. In 1363, however, the following resolutions were passed :] 8 jltM>iM iik 100 DIVISION OF PAROCHIAL ENDOWMENTS. 'i 2. That a committee be appointed to draw up recom- iiicndatioiis for congregations about to erect churches or par- sonages, and to eml)ody such recommendations in a report to l)e submitted to the Synod. — Session of 1863, page IG. RET'ORT TO SYNOD OF CHURCHES, &C., ERECTJID, &C. It 11 :j. Tliat in future an annual report, duly authenticated, be made to the Synod giving an account of churches, parsonages and endowments, in c (urse of erection or formation, in the ])arishes or missions of the Diocese. — Ibid, page 17. [Note. — In 1 864 no report was presented to the Synod on the subject, but a niotiou was made to confirm tlic canons of 1861. The canons were, however, subsequently leferred to the committee on the Securing of Church Property. — See pages 19, 22, 27, and 32. In 1865 a canon "for the better management of CI lurch property was laid over till next session." — Seepage 53. In 1866 this canon, which included the chief parts of tliat on "Parsonages," Avas submitted to the Synod. Its consideration " was postponed until the next meeting of the Synod." — See pages 51-56. In 1867, the canon was again submitted to the Synod, but its consideration was again *' postponed till next Synod." — See pages 42-46, and 64. In 1808, the canon was again submitted to the Synod and adopted. — See pages 49-52. This canon will be found in chapter XII., on the " Management and Con- trol of Church Property." In 1869 a resolution was intro- duced, but not passed, providing that the consent of the Bishop should be obtained to all now sites of churches. — Session of 1869 page 63. Nothing further was done in 1870 or 1871.] I i • <(■'■■'■■ fP^ ,1. CIIAPTEE XYIII. division of ^avoflunl O^naawmeut^ and C^ttdowment^ [Note. — In 1857, Kev. Dr. Lett gave notice of a motion providing, among other things, "for dividing, or sub-dividing, where necessary, the endowments of existing parishes on their next avoidance, or with the consent of the present incumbents thereof" This motion was afterwards " withdrawn, with the understanding that [it] should be brought up at the next Synod." — Session of 1857, pages 19 and 25. In 1858, Hon. J. H. Cameron gave notice and afterwards moved the adoption of the following resolution, wkich was carried, via. :] \'0 1 1 DIVISION OF rAKOCIIIAL ENDOWMENTS. 10^ 1. That a committee of six memlxTS he appointed to con- sider wlietlier any and wliat mean-* can bj devisiMl for the better reirnhition, nianairemenf, and division of eii(h>Nvnieiits of Chnrches, and to report therein at the next Synod. — Ses- sion of 1 858, pages 54 and 59. [XoTE. — 111 1850, a report was presented to the Synod on tlie subject, (see Minutes of tiiat vear, pages 53 and 54,) and a coinniittee was appointed for the following purpose:] 2. To exandne carefully u)l ordero in Council, Crown o;rants and deeds relatini>- to cliurohes, ])arishes and ;2;lei)es. To ascertain the trusts npon which any church property is hehl, and wlietlier those trusts have been fultill-jd. To take such stei>s as they may consider necessary for enforcing- compHaiKie with snch trust^^. To report especially njxni the case of anv townshij), city, town or parish, in which there exists moi'o than one church, but with an endownuMt a]>pro])riated only by or to one chnrcli. To sui^ijest a basis oi' ^livi.-ion, in casr^s in which they consider it advisable to r.]>]>ortion an endow- ment among several churches. — Session of 185U, })ages 53, 54, ■7(), and 88. [Note. — Tu the same year (1859), a resolution was introduced to ]»rovide for the limitation of incomes derived from endowments, or for the division of surplus incomes, (- -o minutes of tiiat year, p:ip;es 83, 8t). In 1880 this resohnion was referred to tlie conunittct' of endowments, (pacje 175.) In 1859 a comtnittee was appointed, and a report brouglit in by it on the *' Endowment of Parishes." The report was printed ami directed to be " taken into consideration next <^y,,,,,l." — L'a'j;es 71-8-1, 79, and 99. In 1800, this report was a^-ain hi-ono-ht in with amcHdments, (pages 193, 194), but it was retorred to the connuittcc on the incorporation of the S\ nod. — (Sec minutes of 1800, pages 178, 193, and 194.) The committee on endowments was reap])ointcd. — (See page 175.) In 1861, no report was made, but the following resolutions were passed :] 3. That a committee on Rectorial and other endowments be appointed "to report at the ensuing Synod.'' — Session of ISO I, page 290. [N"oTE. — This resolution was referred to the Committee appointed, iVy follows:] 4. That a Committee be appointed " to enquire into the circumstances nnder which the endowment now enjoyed by the Cathedral Chnrch of St. James was originally granted, 108 CLERGY RESERVE QUESnON AND COMMITATIOX. with a view, without tiny iiitert'erenee with the righr-^ of the present rector, that the same should, in the event of a vacancy, he so adjusted, if it he found that such was the original intention, that the different churches in the cit}' niiuiit ])articipate in the said endowment, or that the same iniii-ht he appr«>priated to founding' a full cathedral statf. — tecssion of 1801, page 289. (Xt>TK. — Tills Committee appears never to have reported, anJ nutliiiii«: turtlior seems to have Ixio.w done on the subject. >ee how- ever Cliaptor XIII., on the " Sale of Rectory Lands,'" and the statnte authorizing their sale in that chapter.] fti CHAPTER XIX. [I'M ill ■ m iPi 11*1 I'll ■ itUxi^^ ^t%tm C^ttfisitiott mux (Commutation.'' [Note. — Although the Clergy Reserve Question is happily ^tt at rest, yet a brief record of it, so far as the subject is referretl to iu the Bishop's Charges, and iti the proce;idings of the Synod ^^up to the time of the Commutation Trust Fund), is necei-sarv and appropriate in this collection. The lir.^t reference to the i-ubjcct in these docu- ments is in the ]*riinary Charge of the Bishop, delivered in September, 1841. He says:— "During the last year the perplexing (piestion of the* Clergy Ueserves has been finally settled. Whether the best course was, or was not taken, in that settlement, it would be of little importance * The Bishop, in his .iddress to the Synod in 1854, thus summarizes the history of the setting apart of the Clergy Reserve Lands. He says : — '' A message from the Crown to the Comuious was sent t > Pai'liaiuent in 17",)1, stating the desire of His Majesty Get)rgo ill., to form a provision iu the Province of Canada, for the support of a Protest lut Clergy, and^" to make the provision perpetual out of the Crown Land^, — huids which, ^ by riglit, by law and by constitution, belonged as much to the Cruwn aa any property (»f an individual belongs to himself. Tiiis provision was called Clergy Reserves, and in order to give an additional giuu"amee to tliat of the King and Parliament, the Cluu'ch accepted the Re-serves in ^ lien of tythes, and consented to an Act passed in Febniaiy, 182o, to > that eti'ect ; si proceeding which embraces in its nature a regiilal" pm-chase. * * * i,i i8.io, Lord Sydenham protested against bringing forward the unit)n measure till the ([uestion of the Olei^ Reserves was hnally settled. And if ever there was a solemn compact in any nation with the Protestant Church, it was the compact of 1840, on the subject." Session of 1864, pages 13, 14. k CLERGY RESERVE QUESTION AND COMMUTATION. 109 fe / now to inquire. It was beyond doubt, most desirable that an end ' should be put to the unhappy controversy which had arisen on the '- subject. * * * ^ "The law thus passed by the Imp'-rial Parliament in August, 18t0, to provide for the sale of the Cleigy Reserves in the Trovince «)f Canada, and for the distr-ibution of the proceeds thereof, assiij;ns seven-twelfths to the Kirk of Scotland and other Chrtstian denomi- nations, and five-twelfths to the United Church of England and Ireland. * * * " Your assent [to the ActJ will be the more readily j/iven when, on learning that the scheme of scLtlcuient was in a great degree sug- gested by that most excellent and highly gifted prelate, [Dr. Howley,] the Archbishop of Canterbury. * * * The Act may be viewed as in substance a measure declaratory of the Statute of 1701, em- bodying such concessions for the sake of j)ea'*e, as those entitled to claim, under that statute, were willing to make.*' Primary Charge of 1841, pages 7, 8. In the Bishop's Charge, at his Triennial Visitation of 1844, no reference is made to the subject. In the Charge of 1847, the Bishop speaks as follows: — "It is with much satisfaction that I inform you that the ('lergy Reserve Fund yielded, lor the tirst time, a small surplus in 1845, and ^ a like excess in 184G.'' Charge of 1847, page 18. [Xote-The settlement of the Clergy Reserve Question, by the Imperial Parliament in 1840, was re-opened in ] 850. So important dili';s receive such a portion as the Governor- '_ General in Council jut^-^es ;ight and reasonable. The Free Church of Scotland has not, so far as / know, yet spoken ; but taking the prin- ciple ot that large and respCwt'ble denomination of Dr. Chalmers, there is nothing to prevent her from doing so. The other denomina- - tions, it is said, refuse to receive any relief from the Clergy Reserve '- Fund; and some of them alleg'> that they do so from conscientious principles. * * * " Moreover, since its enactment in 1840, there has been, till the last session of the Provincial Parliament, no agitation or complaint against it in the colony. * * * Wo were the less prepared for this ex- traordinary movement on the part ot the Provincial Government, be- cause on the 29th of April, 184<3, a select Committee of the f^-'gisla- tive Assembly * * * made a Report, on the Petition of the Church of England, praying for the management of her share ot the Reserves, which report was received and accepted oy the Assembly ; and although it refuses the prayer of the petition, establishes the fol- lowing points: — " 1. That the question of the Clergy Reserves was considered by the Imperial Parliament, finally settled by the 3rd and 4th Victoria, . chap. 78. *' 2. That it was accepted as a final settlement by the inhabitants of the Province of Canada. " 3. A strong recommendation is added, .that no change or devia- tion from this settlement be saiictioned by the Legislature." The Bishop proceeds to discuss the question further, and devotes thirteen additional pages of his Charge to it, and to a discussion of the " V^oluntary System," However, as the result of the conference with the Clergy and Laity in 1851, the following resolutions, in response to the questions proposed by the Bishop, were passed by the Synod : 1 That the Bisliop, Clergy and Laity of the Diocese of To- ^ routo, in conference assembled, by request of the lord Bisliuj*, at his triennial visitation, holden 1st and 2ud May, 1851, do solemnly protest against the alienation to any secular purpose > whatever, of the lands, called Clergy Reserves, originally set 112 CLERGY T^F.SmVE QUESTION AND COMMUTATION. apart by Act of Goorgo TIT, cap 31, and finally Banctioned by 3rd and Itli Yietoria, cap, 78, for ihe maintenance of religion, and rolinfioiis knowledirc in the Province ; as beinnj opposed to the constitution of tlio Church of God in every afj;e — at variance with th(3 ))i-incip]c-( acted upon by all Christian nations — sub- versive of the recosrnized riijhts of British subjects — and in violation of the fidelity and integrity of parliamentary enact- ments, and the decisions of law. ' 2. That no class or conditions of persons in this Province can bo endangered in estate or conscience by the maintenance of this religious property to its original purpose. 3. That the maintenance of this property for its original -. purpose is necessary ; because it has been found from experi- ence that religion cannot be generally diffused or permanontly supjiorted, In any country upon the purely voluntary ])rin- ciplo : its maintenance upon this system is inadequate, even in towns and villages of considerable size ; while it is discovered to be wholly impracticable in rural districts, — a large pi'opor- tion of the inhabitants of which are comparatively poor. 4. That in countries where the support of religion is entirely dependent n]>on voluntary contributions, it does not maintain its proper influence, but is uniformly found, amongst the mass of the people, to degenerate and decline; and that religious udivision and animosity increase — erroneous tenets gain strength and prevalence — and infidelity itself spreads to an unwonted extent, 5. That this meeting regards the mahitenance of the Clergy Reserves to religious uses, according to the intentions of a pious Sov^ereign, expressed in various Acts of Parliament of the United Kingdom, to be one of the best boons and blessings which can be secured to this Colony, as tending to insure, w with the Divine favour, the propagation of true religion within its bounds, to the end of time. 6. That a petition embodying the views now expressed as the solemn oi)iilion of the Clergy and Laity of the Diocese of Toronto, in conference assembled, be presented to the Provin- cial Pai'lianient during the approaching Session, and also be transmitted to the Queen and other branches of the Imperial Legislature. — Session of 1851, pages 10, 11. [N'oTE. — The Synod was not called together in 1852. In his Charge, delivered to ||the Synod in 1853, the Bishop refers to the CLERGY RESERVE QUESTION AND COMMUTATION, 113 procoedinirs in the Iniporial Parliivment of the 3rfl December, 1852, when Sir Wm. Molosworth asked Sir Jolin PaclvinL'ton, " whether it was the intoiition of the Ministers to hrincj in a Bill to enable the Canariian Leijislature to dispose of the proceeds of the Ch'rpy Reserves," subject to certain conditions. Sir John replied — after pivinj; many reasons — that, " it was nnt the intention of H. M. (jovernment to introduce any Bill to enable the Canadian LcLrislMturc to dispose of the proceeds of the C'lerLjv Heserves in the manner referred to." " Uidiappily," the P.ishop says, " Lord Derby's c;overnment was soon after overborne." * * * And no sooner was the new ministry installed, than it beijan tlie work of sacrilet;e. The despatch of the Duke of Xewcastle to the Earl of El<;in, dated the 15th of January, * * * announces a total change of policy in dealincf with the cliurch property in Canada. * * * Tt took the IVovince completely by surprise, * * * that a Bill for placiiif]^ the Reserves at the disposal of the Canadian Lei^islature, u liad been brouLijlit into the House of Commons, and liaetition he presented to tlio three hraiiches of the Canadian Leo;islatin*e, and to Her Majesty, on hehalf of the Synod, prayin*? that they will M'ithhold their sanction from any measure which may Ite introduced for tlie spoliation of the property of the united Church of England and Ireland in this Diocese, and representinjii; the gross injustice of permitting ^ such spoliation, as well hecause of the solemn and declared tinal settlement of the Clergy lleserve question of 1840, as ^ because it is proposed to apply the principle of no state endow- ment of religion to Protestants alone, while the state endow- ments of Roman Catholics ■are to be respected. — Session of 1853, pages 9 and 13. [Note. — In his address before the Synod in 1854, the Bishop en- tered at length into the history of the Clergy Reserves, and submitted 114 CT.ERGY RF.WEKTE QT'EfiTION AND rOilMTTATTOy. the followinti- f]iicsti(>ii to the Synod; "Wlmt oonrw is it expedient for tlie Svnod to tnkc in tliis crisis of llic Cliiiroh jiropcity ?" Tlic foliowitijj; resolutions on the subject were jiasscd ;j S. Tliiit the lord Bislio]), iis (luiirni.'in of tlie Svno<]. l>c rc- spectriilly ri!([iu'ste'(l to iioiiiinatc or :i|)|)oInt the Conuiiittcc to t take into eonslcU'ration the Bn1)ject <)t' the Cleriry ne>erves * * * as 8iiui;ii;('sted in his lonlsliij/s »)[)eniii_<; a. The h)rd l>ishop,(>lerL^y and Lay Dcleirates of tlic united Church of Enirhuid and Ireland, in the Proviiifc of Canada West, in Synod didy assend)led, at Toronto, on Tliui-sday, the 2nth day oi' ()ctt)l)er, A.D. 1S54, hereby solemnly protest au:;ai list the enactment of a certain measure now before the LeiJ!;islative Assembly of this Trovince, haviiiir for its avowed object to dis])osscss the said Chur(!h and other reiiirioiis bodies, in'this Province, of all the rio;ht and title to the benefit and ])roceeds arising out of tlu^ lands formerly set apart by the Crown for the support of a Protestant Cleriry, and which bene- fit and proceeds were still further ijuaranteed by the Imperial Act of 18-10.— Session of 1855, i)ages 22-27. u- u [NoTE. — This Trotest was supported on nine distinct irrounds, ap- pended to the report. The IJill, however, protested against, was t passed ; and in 1855, tlie ]>i8hop addressed a circular to his I'lcrgv on the subject, dated Otli of October, 1854. He also addresseda pri- vate pastoral letter to his Clergy on the 20th of January, 1855, in which he urged them, on tive dilVerent grounds, to commute their , claims to the Clevgv Reserve Fund, so as to enable the Church Society '^ to capitalize the proceeds, giving them a guarantee that their indivi- dual claims to a stipend would be secured to them, by the Church, (luring their natural lives. — Pastoral Letter of 1855, padres 9 and 10. The Synod did not meet in 1855, but, in 185G, the Bishop, in his ad- dress, referred incidentally to the subject of the " secularization and •^ confiscation of tlie Clergy Reserves," and stated that, " the crusade against the temporalities [57 Rectories] of our Church still continues with increased virulence." — Address of 185o, pjigc 11. The Com- uin.tation scheme having been at length fully carried out, the following resolution was passed: — ] 1(). That the Lay Delegates embrace tliis opportunity unanimously of informing the Clergy with what admiration i CLEROY COMMUTATION TRUST FUNP. 115 It lie and ijjratitudo tlicv linvc witnespcd thoir nnbounde*! liberality and devotion to'tnc ('an>o (*i' reliLrion l»v surrcflcririir to the Cliurc.li thi! coimnutation money lately received liy them from the (iovernment, and to a.«j;ure tlicm that thoy, on their part, will endeavor to spread ahroad anion*; the j>eo|>le the desire of inutatinrts to hrinfj the romnuitation selieine to a siieoessfnl issnc. Pages ;{<), 40. In his aJMrcsis lutoro the Syiioil, in IH57, th'b Bishop, in ntrniiii; to the proeeeilintr* of the Synoil in IH'jI, 185:{, 1854, and 1^50, saiy this nohle and disinten-sctod act they have merited the u'l-atitnde of the ('Inireli in Tana^ia, and won for tlieinsclves tlie cordial admiration of all true churchmen tiiroiiijhout the wt»rld." Session of 1857, paijes 5, 6. Tlin<» was formed the "Clerfry Trust Commutalion Fund," to which the fol- low in<^ Chanter relates.] CIIAPTEPw XX. (t\m\\ (^Commutation Zt\\$i /und. XoTK. This fund had its oripn in the commutation by the clerjry of their Cleriry Reserve stipends in 185?-1S57 ; a brief detail of which will he found in the l*roceedini;s of the Synod for 1S60, pa-jje 187. A sketch of the history of the Cleriry ."^eserve Fund question, (down to the period of the secularization of the fund,) will l<-, found in the Bishop's address before the Synod in 1854 — (Pacres 11-17 of the l*roceedini;s.) An account of the commutation of their stipends by the clerrrv was iriven by the I'lsliop in his address Wfore the Synod in 1850. — (Pai;es 3,-5 of Proceetlinirs.) The following reso- hition on the subject will be found on pacje 35 of tlie Report of 1856.] 1. That the h\v-dele<;ates embrace this opportnnity unani- mouslv, of informinir the cleriry with what admiration and o-ratiriidc they have witncs'^ed their unbounded lil>erality and devotion to the can>e of reliirion. by siirrenderinir to the Church the commutation money lately received by them from the government, and to assure thcni that tliey on their parts will'endeavor to spread abroad auion-^ the people the desire of imitatinjjj so brii;ht an example of self-denial and zeal. — Session of 1856, page 35 .^ ^ff: 116 CLERGY COMMUTATION TRUST FUND. [Note. — Tho Bishop further referred to the commntation act of the clcrfify in his address before the Synod in 1857, (p.'',£?es 4, 5, and 6, of Procecdincfs.) No further action was taken in resrard to the Fund dnriiiij that session, and.reference to tho subject api>ears in the Minutes of tlie Synod forl858 or 1850. In 1860, however, a report to the (■huivh Society on the subject was Laid before tlic Synod, (see pages 1 80,-188) and by a joint resohition of the Cliurcli Society and of the Synod, the surphis of the Commutation Trust Fund was trans- ferred to the l^iocesan Board of Missions a|»pointcd that year. — (See pafje 203 of Synod Proceedings.) In 1801, a report from the Clergy Trust Comrftittee to tlie Church Society was laid before the Svnod, (pages 275, 270, see also page 304.) A similar report w:is also laid before the Synod in 1802, (pages 35, 30,) and in 1803, (pages 15, and 22, 24.) \o n'j)ort, however, on the subject appears from the miiuites to have been laid before the Synod in 1863; but one was laid before the Church Society, and it will be found in the Church Chronicle for June, 1804, pages 39, 40. A series of by-laws, which had been adopted by the Church Society in May, (see Church Chronicle for June, 1804, pages 40, 41,) was brought up fo'' con- tii'inatii)n by the Synod at the session of 1804, and received its sanc- tion, that year. During the discussion on the subject, the following resolution was proposed : " That the by-law appropriating the surplus of the commutation fnnd be so far amended as to provide that a first four hundred dollars (^400) accruing sliali be applied to the support of missions, and the second four hundred dollars ('5'400) to the senior clergyman entitled to it, and so on alternat/fely, until the surplus amounts to twelve hundred dollars, (|il200,) when the Mission Board shall have eight hundred dollars (|i800) in perpetuity." This resolu- tion was lost, on a vote of 21 yeas to 58 nays, and the by-laws were adopted, as follows : — ] I. That so much of tlieby-la\v of the jVIis^sionBoard oflS60, as eiiactel that the Mission Fund do consist of the annual sur[)lus of the Gonunutation Fund, be repealed, and that the Couuuutation Fund shall be managed and administered as heretofore l)y the Ulergy Trust Committee. — Ses-^ion of 1804, patges -10 and 'I'd. (See Chapter XXIII., Section J}, of this compilation.) ii now SURPLUS SUALL BE APPLIED. 2. That before there shall be any surplus declared by the Clergy Crust Co ninittee, there shall be always held by said Trust Committee the sum of one thousand dollars ($1,000), arising; ont of annual permanent income, over and abov^e the amount required to fultil the covenants into which the Society has already entered, and the expenses chargeable upon the fund. — Ibid. «LER(tY commutation TRUt^T FUND. 11' 3. That said surplus shall be appropriated to the mainten- ance of the Cleriry of the Diocese being in priests orders, ac- cording to length of service in the Diocese. — Ibid. Wn.VT ("OXSTITUTES SERVICE. 4. That such service shall consist of the time durini!; wl:icli the clergyiiiau has been employed in homi' ji'le jtarocliial or inL^sionarv duty in the Diocese, and that in case there has been any intermission in tiie time of such service, the length of *n'"!jinterniission shall be deducted from the term of sei-- tinBri which the clergyman chiims — IhuL vice WHO SHALL liE SENIOR CLAIMANT. 5. That when two or more persons are ordainc' in the Diocese, and their services commencv^ at the same time, he :>hall Ix.* considered senior who is tirst upon the ljislii-l-00, liC above provided, it shall be })aid to the senior eleriryinau of the Diocese (as above delined) not being on the comumtation list, and so on in resi)ect of each successive sum of k44;mj of surplus income. And it is hereby distinctly specified that this provision shall not interfere witli any exijitini: arrangement. Xo clergyman shall receive from this fond more than s-tOU per annum. — Lhld. CLERGYMEN ON LIST TO REMAIN THERE. 7. That anvclcricvnian once placed on the list shall remain thereon s<» long as he continues to do duty in the Diocese, or is on th*' superannuated list thereof, but shall forielt, his claim by removing from it, not being superannuated, or for any time he mav be under lenal ecclesiastical censure. — lhld. HOLDEHS OF ENDOWED LIVINGS, S. Nm clergyman acce[>ting after this date an endowed living yielding s4uu per annum, or holding the incumbency uf a church jieldmg, Irom pew reuts or otherwise, $bOO per 118 LIST OF NON-COMMUTING CLERGY. aniiiini, shall be placed upon the list of anmiitante. a^i atV»re- said; and any annuitant acccptinj]^ such livino: shall resijjnliis income from the Commutati(jn Fund, and by such accei»tanco shall be regarded as having forfeited his present claim upon such fund. Nevertheless it shall be lawful for him, upon resigning such living or incumbency, to be again placed vu the list of auiniitants ns soon as a vacancy shall arise. And nothing in this by-law shall be construed so as to ]»revent an excliange being made between the incumbent ot such eiidowcm- mittee to request the lord liishop to furnish said committee with a list of those clergymen who are entitled to claim under this by-law. — Ihkl. [Note. — In 18G5, the Clorgy Trust Committee laid upon the tab^e of the Synod the report made by them to the Church Society, before the close of the Society's financial year, — being the report made by the committee on the resolution for an investigation into tlie property of the trust. — (Session of 1865, pajje 36.) The matter did not coinc before the Synod in 18G0 or 1807, In 1^68 the "usual report" was hiid before the Synod, (page 61 of proceedings), but no action was taken on it. In 18G9, tlie following resolution was intro- duced, but, after some discussion, was withdrawn : — That clause eight of the bv-law of the Church Society, confirmed by the Svnod in 1864 [see above], respecting the appropriation of the surplus of the Cora- mutation Fund be amended by substituting alter the words "an en- tlowed living yielding " the words " eight hundred dollars," for the words "four hundred doHars ;" and after the words "from pew rents or otherwise," the words " sixteen hundred dollars" for the words 'height hundred dollars." — Session of 1869, page 68. In the same year, vhe Chinch Society, having been merged in the Synod, a new find provisional constitution of the Synod was adopted, providing foi the appointment of a Clergy Trust Commutation Fund Committee. — Session of 18G9, pages 40 and 80. Subsequently the following reso- lution was adopted.] • 10. That the subject of the dispute between tlie Dioceses of Ontario and Toronto, respecting certain securities handed over to the former Diocese on the division of the Clerjrv Trust Connnutation Fund, be referred to the Committee of the 8yiiod on the said Fund, with the view to the speedy CONSTITUTION OF CLEKGY TRUST COMillTTEE. 119 termination of the suit now pendini;, l>y arijitration, or sncli other equitable mode, as the said Committee shall «lctermiiie. —Session of 1 SCO, page 72. 11, That the report of the auditors on tlie securities held b}' the Commutation Trust Fund Committee, laid before the Synod, be referred to the said Committee. — Ibid, page 7i>. [Note. — In the revised constitution of the Synod, adopted in 1870, it is provided in Section 25, that ihe Standini^ Clerijy Comnuitati«)n Trust Committee of the Synod shall be constituted as follows :] — CONSTITUTION OF CLERGY COMMUTATION TRUST COirMITTEE. 12. The Clergy Commutation Trust Committee ot the Syiiud fur the management of the Clergy Commutation Trust Innd of the Diocese, shall consist of sixteen members, one hall of whom shall be Clergymen of the Diocese vvdio are on the Commutation Fund, and the other half shall be nominated from among the Lay Kcpresentatives. The said Committee shall manage all real ei=tate or personal securities lield by the " Clergy Commutation Trust Committee" of the late Cliurcli Society of the Diocese, and all the proceeds accruing from the same, and shall administer the same as a distinct fund, separate and distinct from all the other funds of the Diocese, and shall invest and take up and re-invest in Government Securities, Cit}', Comity, Township Municipal Debentures, all moneys coming into their hands lor re-investment, and all surplus interest and dividends. They shall report to the Synod at its annual meeting a full and detailed statement of all invest- ments and changes in investments, and of all moneys received and paid on account of the fund during the previous yeai. They shall further report the actual state and condition of the fund, at the time of their last cpiarterly meeting, showing the nature of the difterent securities belonging to the fund, and the incomes which they severally yield, and what arrears of interest may be due on any of the said securities, and the particular securities on which such interest may be ovor-due. The proceeds of the said Fund shall be administered in accord- ance with the provisions of the By-laws of the late Church Society of the Diocese of Toronto relating to the same, as they existed at the time of the Incorporation of the said Church Society with the Synod, or in accordance with any By-laws adopted subsequently by the Synod. In ca.so the fcurplus should at any time become insufficient to pay the amount of $400 to each uou-cuiiimuting Clergyman placed on the li&t of "T'"'^7»«wwT^5rT^ 120 CLEKICAL SU8TENTATI0N FUND. aimuitants on the said fund, in accordance with the By law of the hite Church Society, tlien a i)roportionate reduction shall be made from the annuities payable to all such non-commuting Clergymen. [Note. — The report of the Clcrijy Commuiation Trust Fund Com- mittee was hiid before the Synod in 1 870. On a motion for its adoption being made, an ainendnu'iit was moveil "that the report of the sub- eommittee of the Chu-gy Commutation Trust Conunittee be laid before the Synjd and read." The amendment was io.st and the origitial motion carried. Tiie thanks of the Synod were also unani- mously voted to S. II. 15iake, Esq., for his admirable explanation of the report of the Committee. — Session of 1S70, pages 31, 43 and 44, The report of the Commi.tee, laid before the Synod in 1871, was adopted without discussion. — Session of 1871, pages 38, 42 and 78.J CHAPTER XXI. !(l [XoTE. — Independently of the discussion and resolutions on the Clergy Reserve (]uestioii, which occurred during the earliest meetings of the Synod, and which ended in the settlement of that question and the comnnitation of their stipends by the clergy, (See Clergy Trust Comiiiutation Fand^) the question of the sustentation of the clergy also occupied the early attention of the Bishop and of the Synod. In iiis primary charge (in 1841) the l>ishop declared that " in addition to temporary contributions, a permanent provision for a Church Estab- lishment must now be thougiit of." In 1 844 and 1847 the Bishop referred to the subject in his charges, and, in 1851, he discussed the "voluntary system" at length. In 1853 the iiishop re[)eated liis forirer suggestions, "that if each of the 50,000 Church of England families in Upper Canada would contribute but $3 a year, we sliould raise nearly double what the Church of the Diocese at tlie present moment receives from the Clergy Reserves, and the Society for tiio propagation of the Gospel." He recommended the establishment of a " clergy sustentation fund " on that principle. In the same year (1853) tlie following resolutions on the subject were passed:] 1. That this Synod is unanimously of opinion that, as in the Jewish Church, they who ministered about Holy things lived of the sacrifice, and they who waited at the altar were partakers with the altar ; even so in the Christian Church, it is by our Lord ordained that " they who preach the gospel should live of the gospel." — Session of 1S53, page 17. i: CLKEICAL SCSTENTATION FUND. M hi re lit il 2. That in tlie opinion of this Synod, one of the most serious practical difficulties connected with the Church in this diocose is the want of an assured respectable income for its ministers in general. Tliat in consequence of the existence of this evil, the people are perishing for lack of knowledge ; there are comparatively few aml)assadoi's of Christ to send to them ; the present clergy are, many of them, seriously crij)- plcd ill tlieir means; the hearts of the vouni:: are discouraircd from enterini!" the ministrv, wliile the wealthier classes of the community, actuated by a like fear, rather hold back than encourage their sons to take orders. — Ibid. 8. That it is the dutv of everv member of the Church in this Diocese, lay as well as clerical, tt» use the must strenuous elforts for the removal of the aforesaid evil ; and that it is in an especial manner incumbent on the mend)ers of this Con- ference respectfully to tender to the proper anth< trities, u])on the prc-ent occasion, the advice Avhich their exi)erieuce and local kuowledge enables them to give, respecting the most benefi- cial mode of appropriating the funds accruing from permanent sources, and which were set apart by the 8rd and 4tli Vic, cli. 78, for the support and maintenance of I'ublic Worship and the propagation of religious knowledge, according to the princijilcs of the Church of England in this Diocese ; as also to consider of and recommend such measures m may seem host calculated to secure, by means of voluntai'y contribution, tlie efficient and continuous aid which the exigencies of the (/Iiurch imperatively demand. — IbuL [Note. — In 1853 a General Purposes Committee was appointed to which was referred a resolution on " the christian tcMitli," in which "the injurious eftects resulting to pastors and people " from a system of supportinsjf tliefoimer '*on the mere inclination of the contributors," were referred to, " and recommending the clergy to preach a sermon annually on the duty of continuously setting apart a tenth, or in- crease," for the " maintenance of God's Ministers.'' In his address to the Synod, in 1854, (page 9,) the Bishop, having suggested as one of the topics for consideration, the propriety of taking some steps ''for commencing and establishing a Church bustenatiou Fund," the following resolution was passed :] 4. That the lord Bishop be requested to name a committee for considering what methods sliould be adopted for the per- manent sustentation of the clerirv, in accordance with the reconnnendations of his lordship, in his opening address to the Synod ; and that this committee have power to add to their numbers, and be authorized to employ a secretary, and 9 122 CLERICAL 8U8TENTATION FUND. take Buch other measures as may appear to them ex]>edieiit for obtaining the fullest information. — Session of 1854, p. 17. [Note. — At the following session, in 1856, a naotion was moved and seconded (but it does not appear to have been carried), which was to the following effect : " That this Synod, fully alive to the necessity of establishing a sustentation fund, as reccommended in the opening address of the lord Bishop, beg leave most respectfully to request that liis lordship would be pleased to take such steps, and at sucli time as lie may deem most expedient, for carrying out this most important object." (page 37). [Mem. — No reference to a " sustenta- tion fund " appears in the printed copy of the Bishop's ** opening address" to the Synod on the 1st May, nor in his "charge" of the 30th April, but he refers at length to the Episcopal endowment fund "for the proposed new Dioceses east and west," and urges its collection. It is possible that the resolution refers to this fund, as in the pro- ceedings of the Synod of 1847, it is spoken of (page 23) as a fund for the " sustentation of the Bishop." In 1857, the Bishop again brought the matter before the Synod (page 9) in the following words : " In leaving the Episcopal, I pass to the Sustentation Fund, because they liave something of an untoward connection. Hopin-y much from the Sustentation Fund in aid of our commutation, I was eager to l>egin operations last autumn, but was overruled by many of the best fiiends of the Church, and persuaded that ^^e could not succeed till the Epis- copal Endowment moneys were completed. I confess fhat I yielded with some repugnance," etc. Durin | the Session a motion was brought forward by Rev. Dr. Townley (siciilar to the one he had brought forward in 1853) on the " christian tenth," and recommending that a committee of six be " appointed to take into consideration the wis- dom, necessity and obligation of resuming the scriptural and primitive practice of paying ministerial tithes," etc. The motion was lost, (pages 23 and 24). Nothing further was done on the subject during the year 1857, but at the Toronto session of the Synod in 1858, a com- mittee on Clerical Sustentation was appointed, (page 16) ; and during the same session this committee brought in a report on the " Main- tenance of the Clergy," (pages 62-66) which was dealt with by the Synod, as follows :] 5. That the report from the Sustentation Committee just read, together with the report of the Church Society upon the same subject, be printed and furnished to each member of the Synod, and that both reports be referred to a select com- mittee to take the same into consideration, and report thereon to the Executive, in order that their opinion and recommen- dation may be printed before the next meeting of the Synod. — Session of 1858, page 65. . r [Note. — This select committee was appointed and two other notices of motion on the same subject were referred to it. (Pages 68.-70) At CLERICAL SUSTENTATION FUND. 123 eiit 17. and IS to ^sity ning juest such most Lcnta- ening )f the L fund ;ction. le pro- nd for rought : "In ie they om the ) begin , fiicnds lie Epis- yielded brought brought ig that a the wis- >riinitive ■t, (pages ring the a com- d during " Main- by the tee just upon the ,er of the ect com- t thereon commen- le Synod. the Kingston Meeting of the Synod in 1858, the Bishop again brought the matter before the Synod, (pages 114,115,) and the select coininittee presented a report, (pages 120,-122,) whicli, with a slight amendment, was adopted. — (Page 144.) An annual permanent com- mittee was also appointed to iorm a Central Board to apportion all moneys raised throughout the Diocese as a sustentation fund — (Pasje 121.) In 1858 a committee was also appointed on the "Endowment of J'arishes." In 1859 this committee brought iusn elaborate report, whicii was ordered to be printed, and "taken into consideration next ses- sion," (pages 71-99.) In the same session the subject of a susten^ation fund was again brought before the Synod in the Bishop's ad< ress, (pao'os IG, 17 of Proceedings.) At the same session the Central JJoard submitted its first report of payments made by it, (pages 87, 88,) but there is no record of it having been concurred in by the Synod. In 18G0 the Central Board was re-appointed. — (page 141.) A report from the Board was also laid before the Synod, and ordered to be "entered on the minutes" duiing the same Session, (page 171.) Tlie committee on the " Endowment of Parishes" also brouu;ht in a report, which was referred to the " Incorporation Com- mittee," (named below, pages 193-194.) Subsequently the "Com- mittee appointed to revise the Constitution and By-laws of the Church Society " brought in a report, reeonmiending, among other things, that the Central Board be merged in a proposed Diocesan Board of Missions.— (pages 181-184, 201-204.) The proposition was not entertained, but the following resolution was passed :] (». That the resolution on the subject of [establisliiiii^ a DioeesanJ Board of Missions be refen'ed to the Committee to wliom was referred the resolution on the Incorporation of tlio Synod ; and that the Church Society be requested to ap[)oint a committee to co-operate with the <'onmiittee of Synod, and that the resolutions of such joint committee, on l)eing ai)proved of by the Church Society, shall be considered as the resolutions of this Synod, and be acted on accordingly, until reported to the next meeting of this Synod. — Session of 1800, ]>age 184. See also chapter on the "Diocesan IJoard <.»f Missions." [Note. — In 1861 "the report on the incorporation of the Synod was hiid <^»ver in consequence of the absence of the Vcn. Archdeacon of York," (Session of 1861, pages 273.) The committee was not re- appointed. In 1862 alterations in the by-laws of the Mission Board, as suggested, were subniitted to the Synod of ISCl (pages 30, 31.) See eliapter on " Diocesan Board of Missions.] [Note. — In his address to the Synod in 1865, the Bishop referred to the hardships of the clergy, and to their small salar}', and earnestly urged that " the people served with religious ministrations, of such 124 CLERICAL 8U8TENTATION FUND — MISSION r^AI.AKIKS. I { j)ainmount value to their souls' f our ministerial " labourers would always l)e maintained to the requisite stai.ilard, if " such provision were assured to them Jis would npbold their honest " independenc(! of action, and place them above the intluence of " prejudice or caprice. We ought, then, unitedly to take a high and " enlarged view of this duty ; and, one and ail, apply oui-selves to the " effoit to raise a Sustentation Fund, from which ndght be derived a " revenue that would materially assist all our weak and unendowed "parishes. I have for many yeai-s contemplated the advisability of "such a step; and if the many calls and claims upon the members of " the Churcli should have appeared an excuse for delaying action on " so important a work, I do not think we should be true to our " responsibilities in much longer delaying it. I should be glad to " have the approving voice of the Synod as regards an effort so essen. " tial to the interests of the Church; and I should, upon such indica- "tion of their desire of co-operation, have much satisfaction in naming "a committee with whom to confer in maturing some scheme for " carrying this pur])ose into practical effect." (I'ages 24-25.) No action was, however, taken by the Synod on the subject this session. In 1870 the Bishop again referred to this matter, and urged that the salaries of clergymen be raised iifty per cent, (page 19, 21.) The general question of sustentation diledjres the Diocese to support this scheme. — Session of 1870, page 39. rLKRKAI. SrSTEXTATION FrNP. 125 [XoTE. — In 1«71. t!ic r>i-^hop. in Ms m Mr.«;-:, tli'i* ir>forred to t!ic subject : "Tt is very srratifyin;^ to \>q ;thlo to state that, i:i ni my places, lanHablp efforts have been made to increase tlio stipend'* of the clergy, and to mark the appreciation oftlieir services by sp«'cial gifts. Tliis, we trust, is btit the coniinencoment of a general move- ment in that direction ; the first fruits, we shall believe, of the cordial approbation (expres^cil bv tueSyno I last year) of the proposal that in every instance the s^tipend of a missionary in full orders should not bo less than ?!S00 per annum." (Paire 25.) During the same session Rev. Mr. Carry broii^fht ip the followinjjr motion, (whicji, after con- sideration, were deferred until the next session of the Synod riz :) "That this Synod havin^r already, in its last session, acknowledged tlic insufficiency of tin salaries received by many of the clergy, docs now further resolve, ia considerati<^>ii of the special claims of lenifth- ened service, that the salaries of all such Priests as have laltonred continuously for fifteen v; ars in this Diocese (no matter from wVat source or sources their incomes are derived) bo in future supplemented as soon as may be, until they reach the sum of ^1,000 per annum. And in order to give effect to the foregoing Resolution : Renolved — That a Stisteniation Fund shall be ostalilislied, from the interest of whose invested capital shall l»e nado annually the disbursement* nccessarv to the supplementing aforesaid. Resolved — That the st<*ps nccessarv for setting for setting on foot the SHSterttation Fund be taken witt'Mit delay, in sucli order as a Committee of Synod, to be ap- pointed for that jiurpose, shall determine." — Session of 1871, page Oi:, 63. See also next chapter, and also '' By-law for the expenditure of the Mi.ssion Fund," adopted in 1871. Session of 1871, page 44.J CHRISTMAS OFFEETORY FOR THE INCUMBENT. [Note. — In 18C0 and 1807 the following resolutions were pa.ssed :] 1. That the oti'ertorv of tlie respective congregations of the Church tlirongliout the Diocese, on Christmas day every yeur shall he devoted to the sole nse of the Incumhent of the Church in which the offertory is made. — Session of 1860, page 181. 2, That the expense of printing and forwarding the usual annual pastoral letter of the Bishop, respecting the Christnia.s offering, together with all similar papers, shall be borne by the Synod, instead of being made a charge on the clergy. — Session of 1867, page 67. ■ 1 1 I ! Iii6 APPr>T>rTMENTS TO, AND ASSESSMENTS OF I'AKHIIKS. CHAPTER XXII. gipiroltttmentisi to, nU 3t\\m^ '^^^mnmt of, fnaut [Note. — In 1863, the draft of a scries of canons on the appDint- tnent to, and assessment of, vacant parishes, was laid before the Synod and the following resolution passed:] 1. Tliat a committee be appointed to consider and i-c[)ort upon the * * * canon [relating to the appointment to, and [stipend] assessment of, vacant parishes.] — Session of 1803, page 15. [NcTE. — A report from this committee was laid before the Synod in 1864, (see page 16 of Proceedings,) and the following resolution was passed :] 2. TJiat the report of the committee on [appointments to and stipend] assessment of vacant parishes be received and printed, and that the consideration thereof lie over until the next meeting of the Synod. — Session of 1864, page 16. [NoTK. — In 1865 this report was brought before the Synod and deferred until the next session, (page 52) ; but there is no record on the Minutes of the Synod that this matter came up again in 1860, or until 1867, when the following rcsolntion was passed:] 3. That the consideration of the Canon for the [appointments to and stipend] assessment of, Vacant Parishes be posti)oned until the next meeting of the Synod, when it shall be printed on the notice paper issued by the Executive Committee, and shall be the second order of the day. after notices of motion. — Session of 1867, page 67. [Note. — In 1868 this canon was brought up, and, after discussion, amended and adopted, as follows :] COMMISSION TO ASCERTAIN RESOURCES AND LIABILITIES OK I'ARISII. 4. In all parishes, or missions, in which the stipend of the Clergyman is not wholly derived from local endowments, upon the application either of the Clergyman or any two Churchwardens of said parish or mission, and in every case when a parish or mission is vacant, the Bishop shall commis- sion at least one clergyman of the Diocese, and one Lay DIOCESAN BOARD OF MISSIONS. 127 member of the Synod, to visit the said parish or nii^sion aiiii to confer with the several (!<»npli(!ation of either the Clergyman or any two Churchwardens, unless in case of a vacancy. WITHOUT ASSURANCE NO APPOINTMENT TO BE MADE. 6. No appointment shall be made to a vacant parish or mission until a satisfactory assurance shall have been given to the lord Bisho],, ^lat the amount so determined upon will be annually contributed for the purpose aforesaid. — Session of 1868, pages 52, 54-56, 57. [Note. — The subject did not come before the Synod in 1 869 or 1 870 ; but in 1871, a " by-law for the expenditure of the Mission Fund," was adopted, which provided (sections 2 and 3) substantially for the same thing as this Canon. — Session lot 1871, page 44. See next chapter.] CHAPTER XXIII. [Note. — The Church Society having appointed a committee " to revise the Constitution and By-laws of the Church Society of the Diocese of Toronto," that committee brought into the Synod a series of resolutions in 1860, proposing among other things, "that a Board of Missions be established, to be under the organization of, and shall be a committee of, the Church Society for the Diocese, to be called ' the Diocesan Board for the Sustentation of Parochial Clergy and Missionaries.' " The resolutions were not concurred in, but the fol- lowing resolution was passed :] 12>^ mOCESAN BOARD OF MTSfllONH. 1. That tlio i-csolutioiis fof tlio Committee appointed to rc- vifie tlu! Constitution and ]5y-laws ot the Church Society of the Diocese of Toronto,) on the sulrjcct of the Board of Mis- sions, he referred to the Committee, to whom was referred the resolution on the Incorp(u-ation of thcSjnod, ami that the Church Society l)e rc'([uested to ap]>oint a committee to co- oi)eratc with tlie (^omniittee of tlie Synod, and tliat tlie reso- lutions of such joint (y(»nnnittee, on beini; approved of l»y the Chui'ch Society, sliall be considered as the resohitions of this Synod, and l)e acted on accordinirly until reported on at the next nieetini; of tlio Synod. — Session of 1860, pages 183, 184. — See aUo liagea 103, 194. [Note, — A mectinp^ of this joint Committee was held on the Mh of July, 1 SCO, and tlic following By-laws for the estahlishii.ent of a Mission Board was adopted and communicated to the Synoil. In 1861 a comraittee was appointed on tlicsuhjectof a "consolidation of the revenues and resources of the Church." — (l^agc 303 of rmceed- iiiffs.) At the same session the By-laws adopted by the Mission Board in 1800, were confirmed by the Synod, as follows: — See pages of I'roceedings of Synod, 270, 289, 303, 304. These by-laws were, however, rcpoalcd by tlie Synod in 1871. See Report of Proceedings, pages 43-48 and 180-184.] "Whereas it is desirable for the better securing of the adminis- trations of reliii^ion throughout the Diocese that there be a systematic plan for the pajmeut of the stipends of missionaries, whether settled or travelling. 2. Be it enacted, that the Standing Committee of the Church Society be constituted and empowered to act as a Diocesan Board of Missions ; and that a fund, to be called the Mission Fund, be under their control, to be administered as hereinafter provided. 3. That the said Mij^sion Fund do consist of— a. Commutation Trugt Fund, [repealed at the session of 18C4, page 29.] h. The moneys at the disposal of the Central Board, for the management of the Sustentation Fund. - /• c. All collections for missionary purposes, made in clnirches !!»,,! or stations thronghout the diocese. , ^ I d. All subscriptions to the Church Society, not specially J' ■• l^' appropriated to any other object, with the exception of '^'' ' '' one-fourth to be applied to the General Purposes of the Society. h DUX'KPAN BOARl> OF MIMIONf». 129 lor the lurches uw<'> €. All donations and Icjjacies f«»r inisftionanr pnrpofres, rt'jjard hcinj; had to the direction!* of thodonoror'cfita- tor.— No. 1, of Session of 18C0, paires 202 and 203. 4. (I. That the Hoard f»f Mi^iiions aiiRnine>> the payment of tiieir ftipendi* to all niif€en np to this date [Jnne 10th. isr.2,1 licensed hy the P.i>hop to minister within the limits of any di>itrict a.->»)ci.'ition of the Diocese: provided the committee of 8ueh ili-striet association shall, from time to time, place the B«>ard in possession i»f sufficient funds to cover the sti|)end.«. or shall fultil such rtipulutions as may have Ijeeii, in special cases, enter«'d into with the Board. h. That the Board will he ready to assume the same ol'li^a- tion in reference to such missions as liave had promises made to them hy any district associ:ition, and have lieen accepted hy the h<»ard as having claims u{M>n its con- sideration, hefore any other new missions are prorided. c. That after such mi'^sionarics or missions have Ifcen pro- vided for hy the hoard from the funds contrihnttd hy their respective district associations, any suq»lus there may he shall he applicahle to the ])ayment ot mission- aries in any part of the Diocese, when the Bi&hop shall see fit to appoint a clerpryman to minister in any mis- sion recommended to his lordship by a district com- mittee, throufrh the Mission Board. arishes whicli shall pay or secure, throuirh the district committee, the stipends of their minister, or any portion thereof, shall he entitled to draw the same amount from the l>oar«l. t'. liesident Cleriryman, for whom the jiarish provides a residence, and ear to the Board expedient to grant it.— Session of 1SC2, pages, r>0, 31, . • ; 5. That all District Branches now em])loying a travelling missionary or missionaries shall he entitled to the maintenance of such missionaries, on transferring their funds to the R^ard of Missions, and on their continuing to contriVmte the neces- sary funds, (including the funds so transferred,) for his or their 8Uj)port, provided that such district branches recommend the same. But that in all other cases the requirements of the p 130 DIOCESAN MISSION BOARD. 'IP i District Branches for missionaries be submitted by each locality to the Board ofMissions, who shall decide upon the order in hich the said requirements are to be carried out accord- ing to their urgency and necessity ; but that the appointment ot all missionaries rests absolutely with the Bishop, and that no Clergyman shall be recognized by the Board, unless he shall have previously received his lordship's license. — No. 4, Session of 1860, page 204. ^ 6. That the Board of Missions shall have power to make such rules and regulations to cany out this by-law as they may deem necessary. — Session of 1860, pages 202-204. [Note. — This by-law was confirmed during the session of 1801. Page 289 ; see also pages 303, 304. It was amended at the Session of 1862, page 31. See also same Session, page 17. It was repealed in 1871, pages 43-48, and 180-184. The Mission Board not having pre- sented its report to the Synod in 1863, the following resolution was passed :j 7. That the Mission Board be required to report to the Synod at its annual meeting. — Session of 1863, page 18. [Note. — The question as to how the amount required each year by the Mission Board should be raised having been brought up and dis- cussed in 1864, the following resolution was parsed on the subjectj 8. That it is expedient to raise the amount required in each year by the Mission Board, upon the principle of appropriating definite sums, to be raised by each locality according to their means Hud circumstances. — Session of 1864, pages 20, and 21. See also Church Chronicle for September, 1864, pages 81, 82. [Note. — In 1865 the Committee on the appropriation of the Mission Fund reported as follows :] 9. That the resolution of Synod, by which it was resolved that [the Mission] fund should be raised by apportionment of til .5 amounts, first amongst the districts, and afterwards amongst the parishes, was accepted by the Church Society at the AuT;iist meeting, 1864, with the following addition [to the second section] " according to the eighteenth article of the constitution " — an addition which no way alters the effect of the original resolution. 10. That at the November meeting the intention of the Synod was carried out by voting that the sum of $9,213 should be raised tor missions, and that an additional sum should be raised in the same manner for the General. Purposes of the Society. DUTY OF DIOCESAN MISSION BOARD. 131 ;ach rdev lord- nent that 8 he o. 4r, make they 1801. sion of aled in ng pre- on was to the year by and dis- jjectj in each jriating to their and 21. 81,82. a of the resolved inient of ter wards ociety at HI [to the e of the • effect of of the $9,213 onal sum Purposes >n )f 11. That this estimate for missions was a})portionc'd hy tlic Mission Board (amongst the five districts) by adopting tlic general scale of apportionment whicli had been adopted by the Episcopal Endow^ment Committee, and applying it in i«imilar proportions to the several districts, etc. — Session of 1865, pages 33, 34. [J/^wi. — There is no record on the min- utes of Synod that this report was adopted.] [\oTE.— 'In 1866 the Mission Committee submitted their report, which was received. From the hitter part we make the following extract :] 12. The Committee believe that it is now generally acknowledged that the principle of apportionment not only is the correct one, but that it ha^. already produced an important effect in adding to the sum raised for missionary purposes. Still they believe that important improvements may be made in the principles upon which apportionments are made ; and that when those improvements are made by the Committees of the several districts, the justice of the principle will be more universally acquiesced in. They allude to the more perfect carrying out of that portion of the original enactment of the Synod, that regard should be had to the circumstances of the several parishes, which cannot be so effectually done, imtil those circumstances are not merely conjectured, but actually ascertained in detail. — Session of 1866, pages 59-63. [Note. — There is no record on the minutes that the subject came l»eff having faithful Cleri^vnien, and securintr their services bv furnishiisij a liberal and punctually ])aid stipend." A bydaw embodying the " plan referred to by the Bishop, was therefore proposed by Archdeiicon Fuller, and, after some moditication, was adopted, as follow.s:j PKINCIPLES AND OBJECTS OF TUE MISSION WOIIK. 10. In order to carry out more eflectually the mission work of tlie Diocese, it is desirable that the bv-laws for the expenditure of the moneys of the Mission Fund should he re}»ealed ; and that in framing new ones, the following prin- cii)les and objects should, as far as possible, be kept in view : (1.) To api)ly the Mission Fund so as to elicit the greatest amount of local effort, and to render each Missi our Missionaries. (4.) To render the payment of stipends to .Missionaries as certain and as regular as possible, without wholly destroying that wholesome degree of stimulus, necessarily implied in the voluntary system. (5.) To relieve the Missioiuiry from the unpleasant, invid- ious, and derogatory task of i)leading, before his people, for his own individual remuneration ; and yet make it his duty and interest to m'ge the claims of the Mission F\md on them. (0.) With a view to securing the last mentioned result, that the stipends of our Missionaries be j)aid wtiothj through the •Secretary-Treasurer of the Synod ; and, by consequence, the eontributions of the people be sent into that otKcial. KUlil-DECiVNAL COMMITrEE ON MISSIONS. IT. To carry out the above plans and objects, there shall be elected annually, at the time of the election of the other 134 FAILURE TO MAKE UP QUOTA — REMEDY. officers of the Synod, by the members of tlic Synod, for each Rural Deanery, two Clerojymen, and two laymen being coni- mniiicants and living in the Rural Deanery for which they shall l)e elected, wlio, with the Archdeacon and the Rural Dean of the locality, shall constitute a Committee on Missions for that Rural Deanery / and a quorum of said Committee shall consist of the Archdeacon, or Rural Dean, and any two elected members. ! fcii RURI-DEC\NAL COMMITTEE TO VISIT MISSION. 18. Refore a grant be made by the Mission Board in aid of any Mission, it shall be the duty of said Committee to visit SUCH Mission in order to confer with the several conirreffations thereof, for the jmrposes of ascertaining their resources and liabilities, and arranging with them as to the amounts which they might fairly be expected to raise towards the stipend of their Missionary ; and said Committee shall report to the lord Bishop, within one week of their visit, the result of their enquiries, the arrangements Avhich they have made with the several congregations, auu the action they would recommend. RURI-DECANAL REPORT AND ACTION OF THE BISHOP. 19. This report, with such remarks thereon as the lord Bishop may deem fit, shall be laid before the Mission Board at its next ensuing meeting, — when the Board shall decide as to the amount which they are able and willing to grant toward the support of a Missionary in said Mission ; which decision shall regulate the amount to be given to such Mission from the funds at the disposal of the Board, from the date of the agreement with the several congregations of the Mission ; c>r, ' in the case of the appointment of a new Missionary, from the date of the appointment of the Missionary of said Mission. ;i'^ FAILURE TO MAKE UP QUOTA — REMEDY. 20. In case the several congregations of any Mission fail to make up their quota of a Missionary's stipend required by the Mission Board, in c(mformity with the following scale, viz : — $800 as the stipend of a Missionary in Priest's orders, and $000 for those in Deacon's ordera, then the said Committee on Missions for the Rural Deanery shall re-visit the several congregations of said Mission, and endeavour to induce the people to raise the proportion payable by them towards the stipend of their Missionary to the amount required, and report AGREEMENT — STIPENDS — ENOAOEMENTfli 135 within one week of the time of tlieir visit, to the lord Bisliop, the result of their labours ; which report the lord Bishop shall transmit to the Mission Board, with bis recommendations in ren^arcl thereto, at its next ensaing meeting, WHEN AGREEMENT MAY BE ENTERED INTO. 21. That whenever the Mission Board and the several con- gregations of any Mission have agreed as to the amounts which they shall severally contribute towards the stii)end of their Missionary, (which stipend shall never be l^ioer than that recommended by the Synod of 1S70), then it shall 1)6 the duty of the Secretary-Treasurer of the Synod to enter into a written agreement in duplicate, with two or more members of such Mission, approved by the Mission Board, according to the accompanying form : Articles of agreement between the Board of Missions of the Synod of the Diocese of Toronto, and two or more members of the congre- gation of the Mission of witnesseth t,liatjlie_ undersigned Churchwardens of said conjjregation.^Tiave tlie sum of dollars, lawful money of Canada, collected and paid quarterly to the Secretary -Treasurer of the Synod of said Diocese, so long as the ministrations hereafter agreed upon to be afforded to said congregation shall be continued. The services referred to in the above paragraph shall be and in consideration of the regular and punctual payment of the above mentioned sum, the Board of Missions aforesaid hereby undertake to maintain such minis- trations of the Church, in the place and at the time mentioned above, so long as the said sum shall be paid. The present agreement is for the term of three years counting from the Signed in Duplicate. STIPENDS TO BE PAYABLE QUARTERLY. 22. These agreements having l)een thus entered into, it shall be the duty of the Secretary-Treasurer of the Synod to pay quarterly the stipends of the Missionaries, out of the gen- eral Mission Funds of the Dioc^e, according to a list furnished him by the lord Bishop, but subject to regulations contained in the subsequent clauses of this By-law. ENGAGEMENTS TO EXTEND OVER THREE YEARS. 23. Every engagement between the Board of Missions and the congregations of any Mission, shall be binding upon both parties for three years, unless otherwise agreed upon ; but it is 130 NOTICE IK CASE OF FAILURE — DUTY OF MISSIONARY. !;!■ * expressly understood, that every siicli engagement shall be liable to revocation or nioditication at the end of each three years ; or on a ciiange of the Missionary in charge ; or when- ever two-thirds of the niend)ers of the iioard present at any meeting of the same, see sufficient reason to alter their esti- mate ot tlie pecuniary ability of tlie Mission ; notice of such proposed nu)diiication or revocation must be given at one meeting of the Doard, and discussed and disposed of at tin- next. i> ■ I . • NOTICE IN CASK OF FAILURE TO REMTT. 24. Whenever any Mission sliall fail to remit the amount agreed to be paid into the Mi^sion Fund, by the several con- gregations of said Mission, or any part thereof, then three months after the sum shall have tallen due (the amount still remaining unpaid) it shall be the duty of the Secretary-Trea- surer of the Synod meanwhile to suspend payment to the Mis- sionary of his stipend; to report tlie said failure to the lord Bishop, who shall order the Secretary-Treasurer to transmit to the Missionary, and also to the Clmrchwardens ot the congre- gations in arrear, a copy of the following notice: , -, To (he Church'oardens and Members of the Congrtgation of "\ .' T have been direcled by tho Mission Board to notify you that the contribution due from yon to the Mission Board of the Diocese, not liaving been paid on day of the senices of your Missionary will, after Sunday next, (or from this day) be suspended by order of the J^ishop, in accordjince with a standini; rule of the Synod to thnt etfcct, until the payment as agreed upou is duly made. This may seem to bo a severe measure ; but the Board of Slissions have been unable to devise any other just and practicable course whii.h might bring home to all parties the gravity of tho occasion, and the imperative necessity of prompt and decisive action in the Uiatter. • I am, Gentlemen, ^nnr.j.T f^ • -; 'Ti^ .'. J T K Secretarg-Treasurer. This notice s ill be road to the congregation in arrears, on the two Sundays on which service is held, next after the receipt .thereof. FAILURE OF STIPEND DUTY OF MTSSfONARY.' • 25. That it sluxU be the duty of the Missionary, whose services have been thus suspended, to report that tact, within one week, to the lord Bishop ot the Diocese. - MISSION BOASD BY-LAW, 1871. 137 26. Tliat when thus notified, the lord Bishop shall direct the Committee on Missions for the Rural Deanery to ascer- tain, as soon as practicable, the reason of said failure. 27. It shall be the duty of the Missionary in charge of the deftiulting congregation, and the Churchwardens tiiereof, to appear before this Committee on Missions, when notilied by the Chairman thereof of the time and place of their meeting, wliich place shall be in the Mission. COlkOnTTEE ON MISSIONS TO EXAMINE AND REPORT. 28. That a full written report of all the evidence taken by tlie Committee, with their opinion on tlie merits of the case, shall be forwarded to the lord Bishop witliin one week after the completion of their enquiry, l)y the Archdeacon or Eural Dean presiding, and authenticated by his signature ; and, on receiving this report, the lord Bishop shall forthwith forward it to the Mission Board, with any remarks appended thereto that he may deem proper. ' ii/. . .•• , ., , . MISSIONARY TO BE SUSTAINED WHEN. 29, That, when the congregation are found in fault, and they can show no just cause for complaint against tlioii* Missionarv. and thev still continue in an'ears, then their Missionary, if he desires it, shall be sustained in his position, at the discretion of the lord Bishop. • " REMEDY IN CASE ARREARS CONTIXrE. 30. That in case the congregation shall continue in arrears in regard to their engagement, after having been re])ortctl in fault, and shall still refuse or neglect to pay u}> sucii arrears, then the lord Bishop shall direct the Secretary -Treasurer of the Synod to pay to such Missionary so much from the Mission tuiul of the Diocese, as will enable him to remain on the spot for a period not exceeding three months, at the discretion of the lord Bishop ; or as will enable him to remove to some other Mission in the Diocese to which he may be appointed; and it shall not be lawful for the Secretary -Treasurer to pay any moneys to a new Missionary in SRid Mission until all arrears shall have been paid to the Secretary-Treasurer of the Synod by said Mission, as due to their late Missionary for services performed ; and also until they shall have paid to the Secretary-Treasurer sufficient to repay the Mission Fund the money advanced to their Missionary, to bear tlie exi)euses of 10 H' 138- MISSION BOARD BY-LAW, 1871. his removal. In every such ease the Mission l*oard may aid in sustaining another Clergyman to ser\e the Mission, at snch time and on such conditions as the lord Bishop shall deem right. If f i II WHO SHALL NOT SERVE ON COMMmTEE, AND WHEN. — EXPENSES. 31. Ko Clergyman or layman shall serve on the Committee on Missions when his own Mission forms the subject of enquiry ; but the Missionary in charge shall have the right of objecting to any elected niember of the Committee on show- ing cause for so doing to the satisfaction of the lord Bishop who shall then appoint another in the room of the one objected to as far as this case is concerned. 30. That the actual necessary expenses of the Committee on Missions in each liural Deanery, incurred in carrying out the ])rovisions ot this l^y-law, be i>aid by the Secretary-Trea- surer out of the general Mission fund of the Diocese to the Chairman of the Committee, who shall pay the expenses of the several members of the said Committee. 31. That the By-laws of the late Church Society for the management of the Funds of the Mission Board are hereby repealed — Session of 1871, pages 43-48. [Note. — The first Annual Diocesan Missionarj' Meeting in con- nection with the Synod was held on the 20th Jivne in St. James' School House, at 7^ o'clock p.m. The liiglit Reverend the Bishop of the Diocese in the Chair. Atter prayer by the Rev. Rural Dean (jreddes, M. A., the Bishop briefly addressed the meeting on the subject of Missionary work. Moved by the Kev. Septimus Jones, M.A., of Toronto, seconded by the Hon. Chief Justice Draper, C.B., and adopted — 1. "That the manifestation of an earnest sympathy in the missionary work ol our own Didcese, is an indispensable evidence of that true life, without which the Church will fail in the great duty entrusted to it by the Lord of the Harvest." — Carried, Moved by the Rev. Dr- Taddock of Brooklyn, seconded by the Rev, Dr. Haight, of New York, and adopted — 2, "That this meeting rejoices to recog- nize in the Branch of our Church planted in the United States, a faithful fellow-labourer with the Church of England and Ireland, in the propagation of the Gospel of Christ, and cordially desires that the moral and religious influence may become more and more preva- lent in that great and powerful community, in which her lot is cast," After which a Hymn was sung, and the collection taken up. The Bishop then pronounced the Benediction, and the meeting separated. On the 2 1st of June it was moved bv the Vev. Archdeacon of INDIAN CnURCn MISSIONS. 139 Niajjara, seconded by Professor Wilsou, and adopted — "That the best thanks of the Synod are due, and are hereby tendered to our brethren, the Clerjxy of the American Branch of the Church, who kindly attended our Missionary Mectinij hist eveninj;, and deliirhted and instructed all who heard them ; and that a copy of this resolution be sent to those gentlemen." — Session of 1871, pages 35 and 41.] CHAPTER XXIV. [XoTE. — The subject of Indian missions in Canada was first broujojht before the*Synod in the address of the Bishop, at the Session of 1 854, (pau;e 7.) In that address the Bishop gave an account of his visit to missions at Great Manitoawahning Island and (xarden Kiver, and stated that the Riv. Dr. O'Meara had gone to England to solicit aid in tlieir behalf. At the next session, held in 185(3, the following resolution was passed :] 1. That a committee of this Synod be appointed to consider the state of our Indian missions, and tliat measures nhall be taken for securing their efficiency and permanance. — Session of 1S5G, page 32. [XoTE. — In 1857, the committee presented a detailed report on the number of missions already established, and made various sug- gestions. The report was ordered to be laid on the table. — (Session of 1857, pages 25-28.) At the June meeting, in 1858, the Bishop referred, in his opening address, to his visit to the Indian missions at Garden River, the Narrows, and Manitouwalining, or Manitoulin Island. — (.Page 14.) The following resolution was subsequently adopted :] 2. Tliat a committee of the Synod be appointed to deter- mine what are the best means of carrying on and increasing the Indian missions. — Session of 1858, pages 7U and 124. [X6te. — At the Session of 1859, a report on Indian missions was laid before the Synod, (pages 28, 29,) but tliere is no record of its having been adopted. In 1860, however, a joint conmiittee of the Synod and Church Society agreed, that the standing committee of the Church Society should'form a Diocesan Board of Missions, which sliould report annually to the Synod. The by-laws of this Board were also to be submitted to the Synod for its approval.— (Session of 1 860, pages 201, 204.) Except in the Bishop's annual address of 1862, (pacre 1 2,) the j-ubject of Indian missions was not further brought be- fore the Synod as a separate matter until 1865. In that year, how- ever, it was moved] , r t ; 1 140 INDIAN ClUUiCll MISSIONS. m :, That the 1""^ f'f ?P e'er^'tuv ll-a'^rm^ioin • .„,i .I^ reaucHtcd in the rcsolu- This committoc was appointed, _n>,,,ceeduigs ot i """ „J . House, -P"'..'? *TisS:°l«Uon\aving been se,, to *;- yPj;^,„ ojitan page 55.) mis i ^^^^.^^ j,^ ^.^pij p-,<,i^ons have thSfo'lo-'lS-;;" ^'flV oe^tor that the "?-;;', Sing the '"=«''*",;"oh resolution of the Lower o«^,rq^^__^ ^. aiiproved ot uic . to nqnire into the suae . ^i g. aK>oi..tn,ent of a e m ttec^^ .lie have ■'™"»;1 ,t,l""t S Com- Indiau missions, ete j„ ^^ ""^■"'"-.''l " Toronto Toronto Synod for \«!f 'J^i^'committee was veappof "'-j P^ The report was »''°1''1^\^'^' rf^o presented, (pages 3fa-«-) " ™ 59 ) In 1807 a report was a.so y adopted as follows:] •»,„„ nnlndian Missions be 1 Th.rt the Keuort of the C^" *i ,ti»n that the Church .dtte and 'rintU for gf"««[XS Missions on a distinct aered to be P^"'' .g. ^^^ Provincial Synod .'^o"" ^^ ^^ the In the same year (18^8) |uc ^^^^^^ ^^,, historical ^epon Missions, ('-^PP^^f^^/^'iseipage^ 27-35.) It ^v as adopted INDIAN cntmcn missions. 141 S. Givins and Prof. Wilson of Toronto) was also appointed "to watoh over and promote the interests of those missions under the direction of their respective Bishops," (paijo 52.) In 1869, a report of the Committee of tiie Toronto Synod on Indian Missions was presented, (paijo 13,) and adopted, (paije 07. See also paojes 02-95, and 128, 129.) In 1H70 a report from the sa'itc Committee was presented to the Synod, (paoje 31,) and adopted, (panje 04. See also pages 168, 171.) The following resolution was also concurred in, on motion for the adoption of clause seventeen of the amended constitution : — ] 5. That the fiecond i)ai'ai?riiidi of clause 17 of the Constitii tion be a suh-sectiori, and read as follows : — The Indian Mis- sion Committer shall (jonsist of four Clerical and four Lay Representatives, wli > shall have charsje of the Missions to the Indians, and shall m inaLCo and a Iminister all moneys collected for, and all funds belonojinsjj to such Missions, upon the same trusts on which they were held by the late Church Society at the time of its Incorporation with the Synod, or in accordance with any By laws whitjli may hereafter be adopted by the Synod. — Session of 1870, papje 00. ' • [XoTE. — By a resolution subsequently adopted, this sub-section was made a separate section and numbered 28 in the new constitution of 1870, (see pa'^^es Ot and 05.) In 1871 a report from the Committee was laid before the Synod (page 34,) and adopted by resolution a.s follows : — ] 6. That the report, l)e adopted and that the Lord Bishop be authorized to take the necessary steps for carryino^ out the re- commendations contained therein. — Session of 1871, page 49. [These recommendations are as follows : — ] 7. That until arrrani^emeuts can bo made for the more effi- cient oversisjht and protection of the Indian Missions hi the Algoma district, the drties hitherto assicrned to the Indian Missions Committee, bb delei^ated to the Mission Board ; and in doinof so, [the Committee] would respectfully submit that, as the district for which their efforts have been directed, is now rajiidly becoming the highway to the N^orth-West, and is thereby receiving a vast influx of inhabitants, the time has arrived when the interests of the Church in that region im- peratively demand attention. 8. That with a view, to bring more prominently before the whole Church the spiritual necessities of the white inhabitants, as well as of our Indian brethren in that destitute region, the lord Bishop be requested to appoint a deputation to explore 142 MISSIONARY BISnOr TO THE IXDIAN8. 11 I is duriiif; tlio cnsuiniif Rummer, and report on thccapalnlitiesand wants of that pjirt of tlic Diocese, and that his h>rd>hip ho authorized to take such steps to meet the cxiijencies «»f tlio case as may he deemed expedient. — Session of \^1\, paire 40. '[Note. — The Provincial Synod Committee on Ifidian Missions presented their report (l*rocec(Unt^, f aorcH 47-52.) Its adoption was, however, left over as unfinished husiness," (paijc 120.) A (Joininittec was appointed, inrluding Rev, C. J. S. Bethune, M.A., anf AVestern Canada would not only find friends on all sides ready to assist and encourage her exertions ; but she would become a spectacle of deep interest and example to the Christian world." The matter seems to have remained in abeyance for several years. At lenjrth in his ad- dress to the Synod in 1862, the Bishop again refers to it as follows : — ♦'The Synod is aware that when in London in 1850, he had called MI86IONART BISHOP TO THE INDIANS. 143 the attention of the proper authorities to the vast extent of the Dioceso of Toronto, niul sui;jje«ito«l a plan tor its division into fimr separate Jioceses. After many delays and much trouble durin;; more thar. on years, he had the satisfaction to behold three of these diocjses (Huron, Toronto and Ontario) fully established; but the fourth See, or the proposed Bishopric of Ste Marie, was still in abeyance, anpon in s<-»me desrre* instrumental, throui;li (iod's benignant Providence, in establishing three out of the four dioceses proposed in 1850 — but he still retained a yearning desire to do something for Ste. Marie before his def»arture, and it was this which prompted him to toui-li upon the subject. It was very central, and would becwme in time a large city, and be re- quired for the religious teaching and civilization of N'orth Western Canada. The region, of which it was the centre, offered space almost inexhaustible for the most extensive agri(;ultural settlements; and mining establishments without number, especially in copper and iron of the finest quality, might in time be profitably erected alonj; the banks of Lakes Huron and Superior and the adjacent islands," etc. [XoTE. — In 180S, the following resolution on this subject was adopted by the Synod.] 1. That ill view of the importance and extent of the field of Missionary labour aiiiuiig the In of the North We?t, and its isolation from tlie rest of the Diocese of Toronto, and in view also of the pnd)able oi)eiiiug u]) for settlement of that territory, this Synod feels that it i< of the utmost imyK>rtan«j that means be ilevised for the appointment of a Misoionary Bishop with as little delay as possible, which Bisho[> should Ijc especially charged with the care of the Indian Mission.'* ; and that the Provincial Synod he and is hereby memorialized to give its early and most serious attention to i:his subject, at its session in September next. — Session of 1868, page 64. [Note. — In the resolution submitted to the Synod in 186i>, on the increase of the Episcopate, provision was mndc in Schedule B, (page Vl) for the appointment and jurisdiction of a Bishop, " until a Mis- sionary Bishop be appointed," over the Indian Missions. In 1871, the question was again brought before the Synod by the Rev. Messrs. Cartwright and Lett, and the following resolutions on the sabject were passed :] 2. That seeing the large accession of territory, and the vast increase of population enjoyed by Canada consecment on the recent confederation, and the admission into the Domimou of 144 MlablONARY BISHOP TO THE INDIANS. British Cohiinbia, Manitoba, and other important districts of country; ami rec? )ixnizin:i; the imperative duty of the Cliiircli to supply every part of the Dominion witli the appliances ol education aud ministrations of religion ; this Synod is of opinion that the great Mi-siou work of the Cliurch, especially m the Indian and newly formed settlements of the Dominion, may be more etlectivelv carried on under the direction and control of a (ieneral Mission Board appointed by the Pro- vincial Synod, than by the separate Dioceses, as at present attempted. 3. The Synod would, therefore, strongly urge upon the Provin(3ial Synod the importance of appointing, without nny unuocesiary del ly, Mi-;>ion iry Bishops in conformity with the Canon paise I on this subject at the last meeting of the Pro- vincial Syii>d. And to aid in carrying out this de-iirable object, the Svnod wouM further recommend the election of a General Mission Hoard, to consist of the Bishops ami an espial number of Clerical and Lay-Representatives from each Dio- cese, undLM- whose superintendence, subject to the apprr>val of the Provincial Synod, the necjssary regulations and appoint- ments shall be made. 4. That a memorial be prepared for presentation to the Provincial Synod, praving for the adoption of the suggestions contained in the toregiing re-olution, and that his lord-iJiip, the Bishop, be re pusted to appoint a committee to prepare such memorial. — Session of 1871, pages 61, 62. [XoTE. — .V Oomtnittoc was appointed, and a memorial prop.irod annld, therefore, urge upon the atten- tion of the Provincial Svno I the importance of immediate and de(;ided action in carrvin-jj ont the suggestions contained in this resolution, as a course t]i the requisite funds, anl the suitable niMi may be obtained for the work, your me n orialist-; pray that no time may be lost in givin-j: effect to the Canon propose I by ♦;he llou^e of Bishops at the last meeting of tin Provincial Synofl for the election of a Missionary Bishop, in jhoosjii^ a field, collecting funds, in 1 electing a Bishop in a scordance therewith. — Session of 1871, page 64 ENDOWMENT OF THE SEE OF TOBONTO. 145 icts of hiircli ICC3 o\ i=, ot eciaUy iiinion, )ii and e Pi'^ ji resent >on the out :v.\y v\t\\ the :\iQ Pi-o- tio'A » >t* a. pi'oval of appViiit- h to the ,Trro-ti'>ns lor>l-hii\ ) pre;>xi'e ,\ prcp;iro'l hicU (:»fter the atteii- ediivte ami italucil »" U'j; popuhi- lirelv to be ,un;h; a'l'l tahlc men ay that no ■o pose I hy Pi-ovincia\ ..|i,>o-h\^ a v '.eordance [Note. — In September, ISTl, this memorial was laid before the ProTim-ial Synod and read (pa2;c 19, 20 of Proceedings). A Com- mittee wa.-* appointed to consider it (page 37) but no report was pre- •icnted, owing to early adjournment of the Synod.] CHAPTER XX VT. (Endowment ot titc ,^tt of ioronto." [XoTE. — The Bishop in his Pastoral, published on the 16th of JannntT, 1^54, having calle:iriceedings it was deemed ad»"i«ihle, at the suggestion of the Bishop, to allow the matter to r'main in aheyancc. — Session of 18o0, pajres (», 2.S, 25, and 20. Tn I^jO the subject was again brought up, and the following resolution was [Hashed :] 1, Tliat a Committee be appointed to take the necessary ^tep!^ for the Endowment of the See of Toronto. — Session of 1S59, pa^d : "and let it be remembered, tliat altliough my health is at prp^nt ffoo 1, yet I am so far[advan<'ed in years, that I may pass iwsT at aiiv moment, and it would be a great comfort to me to knKW that this desiiable objeci if not ipiite ai^complished, liad made • fW pmnit IM K>?«eof Toronto incliu1er< the cities of Toronto and naiiiilton, tlie '"onn'lpn •>f IJaeala, VeOAnl. IIaliii«. In ISfll. ttie Church of Eiiglanii populaUon in the Diocese nninl>ere a matter of >uc-li deep importance to onr fnture [»caee and welfare, that the select committee apjiointed on the snhject he directed to j»roceed to action Ayithont delay. — Session of 1862, papres 14. 37. [XoTE. — At the Synod mcotinc; in June. 1863, paire 25, a report on tlie progress of the endowment wa> presented ; and in August of that year, the liishop issued a pastoral letter on the sul»ject. See Church Chroiiicle for September, 1863, pages HI and r<2. At the Synod meeting in 1804 another report was presented, (pages 26, 27,) when the following resolution was passed :] 3. That the committee on the Episcopal Enlr, paires 3U, 31. ci^^', [XoTE. — In 1865, a report on a state of the endowment was laid before the Synod, (p p 21 — 25). A by-law presented for adoption, founded on the report, (p p 32, 33) was referred to a special Committee. Subsequently the following resolutions were adopted :] •1. That the future income of the Episcopate in the Diocese of Toronto, from whatever source tlelarable. shall not at any time exceed §-1,000 per annum, unless arisimr from donations sj)ecially given for the See of thi< Di»»cese hereafter. 5. Should any surplus at any time arise from increased value of land or other securities, (jr fr«»m any other source, such surplus shall be appropriated to the increase of the Episcopal office. 6. Should any See House at any time l>e proviecome desirable to divide the Diocese of Toronto into two or more parts, and such division shall be sanctioned by the synod, each part so set ofl" and in- tended to form a separate Diocese, sliall ]>e entitled to such part of the Episcopal Endowment Fund a.< was raised within its own bounds. — Session of 1865, pages 32, 33. ENDOWMENT OF THE SEE OF TORONTO. 147 8. That such division of the fund shall not take place until a sufficient sum is funded in the Diocese of Toronto, to make up the sum of ($4,000), four tliousand dollars per annum. I), That this synod do assign to the clerfryman emjdoyed in raising the endowment fund of the Diocese, a stipeml at the rate of one thousand ($1,000), dollars, per annum, to date from the 1st of April last, and continue as long as he is exclusively engaged in his i)resent work. — Session of 18C5, l>ages 32, 33, 52. ■^NoTE. — In 1866, a statement of the fund was laid before the Synod, pages 34, 35. In 1867, a report with statement of the fund was submitted to the Synod, (pp 31, 35,) and adopted, page 61. That report stated that provision had been made for paying the Coadjutor Bishop of Niagara a salary at the rate of !|2,400 peraimum, and highly complimented Rev. Cation Read on the snccess of his etr<»rts to raise the endowment fuinl. and on the accuracy of his ac- counts. In 1868 no report was presented; but in 1860 a statement of . account was presented for the two years, 1867, and 1868, fpp 161, 162). In 1870 a report of committee and statement of account were presented (pp 31, 118, 118) and adopted, (page 45), and the follow- ing resolution was ])asscd :] 10. That the "'Endowment of the See" committee he in- structed to make ]iersonal ai)plie;ation, by an agent or sigents, to all subscribers in arrears to the fund by note or otherwise, in order to secure payment of the same, or renewal of notes when desired, and that the committee be desired to take such >teps a> they may deem advisable for their collection. — Session of 1870, page 45. [Note, — In 1871, the report of the Conmiittee was presented to the Synod and adopted. In it the Committee " recommended a strict adherence to the resolution adoj>ted by the Committee in Xoveniber, 1869, restricting to Episcopal income to $2,400. — Session of 1871, p.iges 33, 43, and 86.] 148 SUFFRAGAN AND COADJUTOR BISHOP. !i; 'i CHAPTER XXYIL Oriylnally adopted in 1857, re-eiuicted in JS60 and, 1870. '■'.I 1st "1 (AWAKMilu !c*v«. 1. In the event of a subdivision of the Diooese, the portion intended to form the new Diccese shall be bound in all their public proccedinnjs by the Constitution of tlie Diocese of which they formed a part) until the said new Diocese shall be fully organized by the election and miiu ( iilii iliiiii of the Bishop. — Session of 1857, pages 17 and 36 of 1800, page 151, and of 1870, page 110. [Note. — In 1865, Rev. Canon Road introduced a "by-law on the Episcopal Income Fund," which after discussion was adopted. The fourthxlause of the by-law read as follows :] 2. At any time it may become desirable to divide the Diocese of Toronto into two nr more parts and such sub- divisions shall be sanctioned by the Synod, each part so set off and intended to form a separate Diocese shall be entitled tt) such part of the Episcopal Endowment Fund as was raised within its own bounds, — Session of 1865, page 33. !;,■! CHAPTER XXYIII. [N'oTE. — Tn 18)6, a proposition was made to provide for the mode ofelectinu^ a Binliop as follows: " Whonovcr a meeting of the Clergy a'l'l Liy Ilv.n-ov;ntativos shall bo held for the ele(!tion of a Bishop, the no nination shall proceed from two thirds of the Clergy, Wk«M> ''^"d shall be c )n'ir nod bv two thirds of the Laity. — i^HZnBi" by parishes represented therein." In amendment, it was moved as fol lows : " Whenever the Clergy or Lay Representatives shall e assembled to elect a Bishop or to agree upon a recommendation in such behalf to the Grown, the powers and duties of the two "orders KL£ shall be the same in even- respect, — the Lay Representatives votiny; by Parishes." These resolutions were afterwards withdrawn. — Session of 1857, pajjes 21, 29, MO. In 1857, the Executive Committee made the t'ollowinfj recommendation on the subject: ''That at the election of a Bishop it be necessary that not less than two-thirds of the whole number of the Clerjry, and ol the Liv Delcijates bv Parishes entitled to vote, be present. That no Clergyman be publicly nominated for the office of Bishop ; but that the Clergv an I Lay Representatives, by Parishes, in their separate places, be directed, each and severally, to write upon a card the name of the Clerijvman whom they would J. ~. * desire to elect as Bishop. That the same be dropped into a ballot- ing-box, to be handed around to each individual by two persons appointed for that purpose. That whatsoever Clergyman shall hav(^ such a number of the votes of each order respectively, as shall constitute a clear majority of the whole number of each order re- spectively entitled to vote in each Diocese, shall bo declared duly elected. That there be no election, unless with such majority of both Clergy and Laity, the latter voting by Parishes." This ])ro- position was negatived and the following amendment was carried :j 1. The Clergy .and Laity shall vote seperately by ballot, the Clergy by iiulividuals, and the Laity by Parishes. A majority of votes of each order shall determine the choice, provided that two-thirds of all the C'lergy entitled to vote he present, and two-thirds of all the Parishes entitled to vote be represented ; otherwise two-thirds of the votes of each order shall be necessary to determine the choice.— -Session of 1857, pages 10, 18, 21,^30. [Note. — Li 1858, Dr. Bovoll gave notice of a motion "to expunge the ' Canon ' relating to Election of Bishops," but he appears not to have proceeded any further with it. — Session of 1858, pages 55, 81 — 89. In 1859, however, he moved the following resolution which was carried : ] 1. That a connnitteehe appointed to consider whether any and what modiiications are or mav be necessarv to be made ni the mode of electing Bishops. — ^Session of 1850, page 100. [XoTE. — In 18G0, this committee brought in a report on the sub- ject, (page 155, of Pr( "edings,) and moved the following resolution: 1. That in the event i. a vacancy of the See, or the erection of a new See within the limits of the present Diocese of Toronto, the Bishops of Canada be requested to present the names of throe Clergy- nieji to the Synod of the Diocese in question, of whom the Clergy and Laity, in Synod assembled, shall be called upon to elect one as Bishop of the said Diocese. 2. That this recommendation be not 150 ELECTION OF A BISIIOP, n understood precisely to apply to the case of the first election of a Bishop in the new Diocese to he formed in the eastern part of the present J)iocese of Toronto. 3. That if after ballot, no election shall liave taken place, the Jiishopssliall he rc(piested to present a secojid time the same number of names. Tl ^e resolutions were negatived and the following revised canons were adopted :] 2. Ill the election of a Bishop t(» a vacant See. or to a new See, the Clergy iiiid Laity shall vote separately bv ballot: the Clergy by individuals, and the Laity by Parishe>. A major- ity of votes in each order shall deterniine the choice, provided that two-tliirds of tlie Clergy entitled to vote be present, and two-thirds of the Parishes entitled to vote l)e represented ; otherwise two-thirds of the vot - of each order shall be neces- sary to deterniine the choice. — Session of 1857, page 30 ; of 1800, pages 150, 155 and 180. 3. On a vacancy in the See, the senior Archdeacon, or in his absence the Archdeacon next in order of senioritv, or in the absence of an Archdeacon, the senior Iwural Dean, shall, within one week from the occurrence of such vacancy, smnmon a meeting (»f the Clergy and Lay Representatives, to be held at the expiration of tweiitv davs from the date at which such meeting shall be summoned, to elect a successor to the See. 4. Any Clergyman elected to be a Bishop, and holding at the time of such election any preferment or iSenelice, shall re- sign such preferment or benefice, i)rior to his Consecration. — Session of 1800, pages 150, 155 and 180. and of 1807, page 37. [Note. — The question did not again come before the Synod until 1804, when a motion proposed by the Kev. Mr. Holland was declared out of order.— Session of 1804, page 28 and HO. In 1865, the fol- lowing resolution was introduced, with view to modify the foregoing Canons : " A majority of votes in each order shall dctenuine the choice, provided that two-thirds i)f the Clergy entitled to v«»te W present, and two-thirds of the Parishes entitled to vote be^)rcsen{<;c{."; otherwise two-tliirds of the votes of each order sliall be necessary to determine the choice." — Session of 1865, page 45. [Note. — Kev. Canon Beaven moved, in ammendment : 1. " That, on a vacancy in the see, the Archdeacon of Toronto, or in his absence the senior Kurai Dean, shall, within one week from the occurence of such vacancy, communicate that event to the Metropolitan, request- ing him, with the concurrence of the other Bishops of the Province, to nominate, for the acceptance or rejection of the clergy and laity of the Diocese, a fit person to fill the vacant see. 2. That so soon as ELFXTIOX OF A BISHOP. 151 llie Bishops of the Province shall think fit, the Metropolitan shall call a majiMOtSE of the Synod of the Diocese, at which he shall preside, and j)roi'eeritain and Ireland." Lost. Mo\"ed, in amendment to the last amendment : "That, whereas the Clerjry and Lay mem- bers of t'le United Church of Einjland and Ireland in this Province have, in virtue of the powers ijiven them by the Synod Act of 185(5, and the concession of her Majesty's preroirative, enjoyed the rii^Iit of electiiiij their Bishops according to their own Canons, this Synod deems it inexpeilient to make any such alterati«>n in, or addition to its existintr Canons, as mav in any way restrict, •lualify, or interfere witli the principle, and present mode of election of a Bishop by the Clera:y and Lay Delepfatc. of the Synod.'* Lost. The original motion was tlien put and carried. — Session of ISC.% page 45 — 47. In 18G7, on motion of Archdeacon Palmer, the following resolution was passed :] 5. That in the cdectioii of a Bishop to a vacant See, (»r to a new See, the Cleriry and Laity sliall vote separately bv ballot; the Cleriry l>v iiulividnals and tlie Laity bv Parishes. Bnt if the rcsnlt of sneh ballot sliall shew a maioritv of votes in favour (»f placiiiir tlie nomination (tf the Bisliop in the hands <»f the Archbishop and J)ishops of the Tiiited Church of England and Ireland, or any one or more of them, then, on such nomination taking })lace, it shall be final, and the person so nominateil shall be eonsiderecl elected. In the event, how- ever, of the election of a Coadjutor or Sntiragaii Bisho}*, such power shall not be exercised except bv ]»ermission of the Bishop, given either at the commencement or during the pro- ceedings. »- [Note. — What follows was struck out in 18GT : "In ca.ses where provision for the sustentation of the Bishop has been made and ac- cepted by the Governoi-General of the Province, or person adminis- tering the government thereof; :\nd when no such provision has been made, then so soon after such provision shall have been made and accepted." — Session 1860, page 150, 155, and 180, and of 1807, page 47. The section thus amended read as follows :] .; ^Vi^iUA ^ 152 8UFPRAOAN AKI> CO.VIxJCTOR BISHOP. W 4 ■4' I 3 6. That tlio third ehmse of tlie canon on the "Election of a i^>isliop," be anicn(ie-thirds of the votes of each order shall be necessary to determine the choice. 9. Any Clergymen elected to l)e a Bisho}>, and holding at the time of such election any prefennent or lienetice, shall vo- sign such preferment or benetice prior to his consecration. Session of 1870, page 99. CIlAPTEIl XXIX. #uffr«gan ancT (foaajutor gisftap. [Note. — In 1864, Archdeacon Palmer introduced the following] resolution which wiis carried by a risinj; vote of the Synod :] 1. That this Synod avails itself of the opportunity alforded by the present session of again phujing on record, an expret^' sion of sincere respect and atlection which its members, i] SUFFRAGAN AXD COADJUTOR BISHOP. 153 Lon of a ■e of sucU , from t\H^ to elet't ''V ^. by h^Viot\ m- ,a the foWow-ing ovtuuuy attovdea eovd, au expie^ its uieiu\)«^'»' ^" common with tlie whole diocese, entertain for the venerable Bishop, who has so long presided over them, and a grateful acknowledgement of the services which he lias rendered to tiie Ciinrcli during his lengthened episcopate. — Session of 1SG4, pages 19 and 22. [Note. — The foregoing resolution having been carried by acclanaa- tioii, and the following one having been read, the Bishop addressed ti»e Synod, and expressed his grateful acknowledgments for sudi kind a id heartfelt expressions of love and synipatliy. The second rcsohition which was read, but withdrawn at the reqiicht of the IJishop, wa.< as follows : 2. " That inliuenced by the feeling expressed in the preceding resolution, and desirous of evincing their sincerity by nioie than words, this Synod declares its readiness to take immediate steps with a view to making provision for an Assistant Bisiioj* ; so that while the diocese will still continue to h.ivc the benefit of the general superintendence and mature experience of its venerated Diocesan, the heavy burthen of hia duties mav be liirlitened, and his hands strengthened by the appointment of a Coadjutor."-— Session of 1864, l)ages 19 and 22. On the withdrawal of this resojution, Uev. Dk. SiioKTT proposed, "That this Synod, deeply grateful to the lonl liisliop of Toronto for his lon£j and devoted services to the Churcli in this Trovince, having the fullest confidence in his wisdom anroceeded with 11 r 154 SUFFRAGAN AND COADJUTOR RlfiHOP. id the next ineetinp^ of the Synod, immediately after the read- hi<^ of tlie minutes of the hist Synod, and hefore any of tlic ))nsiness is proeeeded with ; and such eletrtion shall he pro- ceeded with accordingly, under the same canons and in the same manner as in the case of the election of a Bisho}) of the Diocese; ex(T'i>t that the Bishop of the Diocese, if present, shall preside at ^nch election ; and, if not present, the Synod shall l»e presided over as in the case of the election of a Bishop on a va(;ancy occurring in the See. " 2. If sucli signitication is made as in the first section men- tioned, at such time as in the opinion of the Bishop renders it desirable that a sj)eoial meeting of the Synod shall beheld for such election as aforesaid, the Bishoj) of the JJiocese shall call such special session for such election, and the Executive Com- mittee shall forthwith give notice of such special session, and shall take charge of and conduct the proceedings at such elec- tion at the special session so called as aforesaid. "3. The Sulfragan and Coadjutor Bislioj) so elected shall become and be the Bishop of the Diocese whenever any vacancy occurs in the See, without any further election. "■ 4. Before the election oi'any such Sufiragan and Coadjutor Bisho[) is proceeded with, the Synod shall resolve that the election of a Sutfragan and Coadjutor Bishop is desiral)le and necessary. " 5. When a Suffragan and Coadjutor Bishop is elected and consecrated he shall have the same powers, })rivileges and authorities as the Bislioj) of the Diocese, but shall exercise them in subordination to the Bishop of the Diocese. (). That in the event of a special session of the Synod being called for the confirmation of the canon for the election of a SufiVagan or Coadjutor Bishop, the canon for making certain / alterations in the canon for the election of a Bishop, passed at this Session of the Svnod, shall be ofi'ered for confirnuition at such special session before the confirmatioii of said recited canon. — Session of 1805, pages 40-50. '^XoTE. — In 18GG, the Venerable Bishop road the following touch- ing words on this subject in his address to the Synod : "And now, my brethren in approaching to a conclusion, I have to address you with more than usual solemnity of feeling upon a subject which is in a great degree personal. For some time past I have been meditating on the provisions of the Canon which was passed at the last meeting of Synod, for the election of ;v Coadjutor or Sutfragan Bishop, which Canon is to receive contirnuition at our present Session. I have b een cousideriug with much anxiety, and not, I trust, without the 8UFFUAOAN AND COADJUTOR BISllOl'. 155 invocation of the Divine jyuicbince, how soon I oujjjlit to avail myself of the provisions of that Canon. Mingled feelings and anxieties (the deepest and strongest having reference to the weltiiie of onr Ixdoved Church), have atiected me in contemplating the step that should be taken, in view of the intention and puiport of that Canon. In reirard- ing, then, what I deem the best interests of the Dioci se and the Cliurch at large, 1 feel constrained to avail myself of its jjrovisions as soon as it is eontirmed, and to request that the election of a Coadjutor Bishop bo proceeded with as soon as the constitution and rules of the Synod will permit. The weight of years, and the infirmities they bring, move me toannou!ice this decision ; for although eipial to some duties, still there are others of paramount importance which I am warned not again to attempt." — Session of 1800, pages 18 ami U). Subsequently the following resolution was adopted by the Synod :J 7. That the oanoii ado))ted at tlie last session for the ap- pointment of a SiillVa«!jari and Coadjutor Bishop he now eon- tirmed. — Session of 186(3, page 44. [XoTE. — On the final adoption of the canon, the Bishop addressed the following letter to the Archdeacon of Toronto, Chairman of the Executive Committee of the Synod: — Vkn. and Deak Sir, — I beg to express my desire that your committee do give notice, without delay, that a special meeting of the Synod of this Diocese shall be hold, for the purpose of proceeding with the election of a Cojxliutor and Sutl'ragan Bishop, at as early a period as the constitution of the Synod will allow, and that your committee do make all the necessary arrangements for the same. I have the honour to be, Ven. and dear sir, your faithful servant, Toronto, August 9, 1866. John Toronto. The following solution was then adopted :] S. That this Synod, having made provision for the appoint- ment of a Coadjutor J3ishop, and his lordship the Bishop hav- ing signiiiel in writing his desire that such Coadjutor Bishop >>hoiild be elected, this Synod declares that the election of such SurtVagan and Coadjutor Bishop is desirable and necessary, and should be proceeded with as soon as the constitution allows. — Session of 1866, page 44. [XoTE. — Subsequently the Executive Couunittee made the follow- ing announcement:] 1). The Executive Committee of the Synod of the Diocese of Toronto, liaving in their hands the letter of the lord Bishop desiring that a jcial meeting of the Synod be called for the i5(; SUFFRAQAN AND COADJUTOR BISHOI' *■ election of SI Coadjutor and SuftVai;an Hisliop at an early a period ha tlie constitution will allow, and referrring to the rule that one month's notice of such nieetinj^ must Ikj given, (and referring also to the -general convenience of meml»ers of the Synod,) do herehy, with the authority of the lord Bishop, an- nounce that the said special meeting of Synod do take place on Wednesday, the IDth September next. 10. That on the day aforesaid there sb^ll l)e Divine Service with llt)ly Ct)mmunion in St. James' ('aihedral, Toronto, at U) o'(rlock ; and tliat the meeting for the appointed business, the election of a Coadjutor and Suffragan Jlishop, be held in St. George's school house, at 2 P.M., on the same day. n Notice will bo given of this meeting, by circular from the Secretaries, to all members of the Synod. — Session of 1806, page 51. [Note. — The following resolution was also passed :] 12. That the lord Bishop be respectfully requested to pro- vide a form of prayer, to be used in all the congregations of the Diocese, for the Divine direction and guiage 64:. [Note. — An adjourned meeting of the Synod w;is held on the 19 — 21 September, 18G0, for the election of a Coadjutor Bishop, when the choice fell upon the Venerable A. N. Bethune, D. D. D.C.L., Arch- deacon of Toronto, (see page 28 of this collection.) The Journal of the j)roceedings was prepared by S. B. Ilarnian, Es(|., Registrar of the J)iocese, and Lay Secretary of the Synod for this Special Session. In 1867, his services ':i this matter was thus recognized by the Synod.] 18. Remh^ed. That the acknowledirments of the Sviiod are due, and are hereby very cordially tenderc, at iness, ;l(l in • from 1806, to pro- ions ot in tlie hop. — el9— len the , Arcb- )umal of trar of Session, l.v the nod are Ciri»trar >ii:4 and cries of Synod, sidered Tanging thedral itiou of "evolved Journal of the Synod, with the niinuteR uml certificate of Consecration of the Bishop, forming together a most vahiable serieri of pre- cedents tor the future iiaa of the Church in Canada. — Sesoiou of 1867, page 42. CHAPTER XXX. ^i$li0p'$ (fourt for tUe Irial of c of jurisdiction over the Clergy only. BISHOP S COURT FOR THE TRl AL OF OFFENCES. 159 , 1851. ,ven, it ito the apv-ear ctecl. or f 1S5T, !anon<* at ,ptcr viii, ' Trial of lolonies," aivl •ii*'- . Autumn iiittee to- vetei-ence the Com- i- aid such lire 13 < . her things. ercis'ed in >rt mto^hU force in V to exer- iii Holy account for ir in then- d them, or or ('orrec- n^ and law^i ttcnlt to dc- iaud i:^ or i< L'd tiiut the the ( Merjjcy : icyTi eniboth Clergy and Laity * * * and that its canons so far as legally adopted, will be recognized and sup- ported bv the civil courts. ***** 9. They therefore recommend that the Bishop be requested at an early day to erect his owu Court under his Patent ; and that as the exercise of discipline may be required in regard to the I^ity as well as the Clergy, the Synod should formally re- cognize the Bishop's Court as that which should exercise jarisdiction over both Clergy and Laity ; and as it is requisite that the Bishop's Court should have some rules to govern it, (and it is doubtful whether the English Statutes on that sub- ject are in force in this country) they further recommend that the English Church Disci|)line Act, 3 and 4 Vict., ch. 87, so far as its provisions are aj>|)lical)le to the circumstances ot this c«>untrv. should be adopted for the guidance of the Court in reference to the Clergy. — Session of ISolJ, pages 30-32. [Note- — In accordance with the recumnieiulations in this repo rt the Synod adopted the foll(»wiiig resoluti'.'ns :] 10- Tliat the Bisht»p be retpiested to erect his Court, under the authority conferred l>v his Patent, at an early day. — Ses- sion of 18.39. pages 3*2 and 00. 11. That the Synod declares the Bishop's Coiu't to be tlie Court for the trial of all otiences of the Laity as well as of the Clerjrv. ad. or against anv of the rules, regulations or canons passed by the Svn«Kl. — /hid. 12. That the Svnod adoi)t the Lnperial Statute 3 and4 Viest constitution for the trial of oifenders under the Church Dis- cipline Act. — Session of 1862, page 37. Committee continued. Session of 1863, page 18. 16. That the committee l>e re-appointed to consider the con- stitution (»f tlio Court of Discipline, with a view to such amend- UK.its as may be deemed advisalde. and to report to the Synod at its next sitting. — Session of 1864, pages 25 and 31. [Note. — No report was presented by this Committee in 1865, nor was the Committee itself reappointol ; but in 1S66 the following resolution was passed :J 17. That the following Committee Ikj appointed to consider the Constitution of a Court of Discipline, with a view to such amendment as may be of the Diocese to appoint a Committee to prepare a memorial to the Provincial Synod on the suhjeH of DisrifJinf, with a view to the removal or abatement of the difficulties under which the Clergy at present lie, in respect of the use <»f the Service for the Burial of the Dead. Such memorial to l)e reported to Synod at its next session. — Session of 1867, page 64. BISHOP S COURT FOR THE TRIAX OF OFFENCES. 161 ng tUe section )ioce?e otwith- which Act.— ons were the V>est rcli Dis- ntinued. • the con- h {\mend- he Synod 1865, nor followinj; \v to >uch ort at the :is the Com- thf Burial .rcl IVishop luenional „,', with u tie^i un«ler ufe «»f the •ial to \>c of 1S07, [XoTE. — This Committee reported the Memorial at the foUowinj; Session (1868), which was presented to the Provincial Synod held that year. — (Proceedings, pages 10 and 11.) From this Memorial we make the following extract: "That your memorialists are of opinion that their object (as stated in the foregoing resolution) may ho effected hy one of two courses; either by sucli a revival of discipline as may bring notorious and scandalous offenders, whether against faitli or morals, under open sane of excommunication : or, if this should be found to be impracticable, by the enacting of a canon under which the use of the Burial Service shall be prohibited in the instance of such offenders, as would, if excommunication were now inflicted, be undoubted objects of its sentence." This memorial will be referred to in another chapter, as the subject is only incidental to that of the Bishop's Court. In the same year (1808) the subject of a Bishop's Court was brought up in the following resolution :] 10. Tliat instead of the reappointment of a Committee on the Bishop's Court, the whole (piestion he referred to the Provincial Synod.— Session of 1868, page 65. [XoTE. — The matter does not appear to have been brought before the Pr<»vincial Synod, which was held that year, (owing doubtless to the prolonged debates that session on "Ritualistic Practices.'*) The Provincial Synod had, liowcvor, in 1862 adopted a canon establishing a "Court of Appeal" against the decision of a Bishop's Diocesan Court, and has also petitioned the Legislature to pass an Act " to enforce the attendance of witnesses" before such courts. — (Prlicable thereto ; and to report on such Canons as, with or M'ithout cliange. it may be desirable that the Synod should declare to be in lull force in this Diocese, and on such laws as a})pear^j^ to be in force at present, or may be desirable to be made as rules of order or discipline in the Diocese. — Session of 1857, pages IT, 23. [Note.— No report on the subject was presented by the Committee in 1857. In 1858 an elaborate report was laid before the Synod at the Toronto mooting. — (See jjugos 17-40.) The Canon on the Queen's Supremacy was alone adopted, and the consideration of the remaining canons was postponed until the Autumn Session, as indi- cated in the following resolution :] 3. That the "Canon on the Queen's Suja-emacy" bej adopted, and that the report be printed and distributed with as little delay as possible, and bronght up against the Autumi^ Session. — Session of 1858, pages 18, and CO. [Note. — At die Autumn Session of the Synod, held at Kingstoil in September, tlie following resolution was passed :] CANONS ON ECCLESIASTICAL LAW. 163 ; been fi»^^ 0, n\ \856, \o Svnod :1 what part Churcb in with the le Church ; Ue circum- lueetlng ot the results 31. n either 1856 the following nhig into the and Ireland, thereto; and mere, it may e in lull force to he in force rule? of order aji^es IT, 23. the Committee ,othe Synodal Canon on the Kleration of the jessidn, a* indi- uvren^acy'' be W^trihuted ^vlth ii^t the Autunni hold at Kingston 4. That the report of the Committee on Canons be referred back to the Committee, togetlier with the letter of the Rev. D. E. Elake in reference thereto, and that the lion. John Hillyard Cameron be added to the Committee, and tliat they be empowered to call to their aid j^nch legal advice as they can obtain. — Session of 1858, page 137. [XoTE. — In 1869 the Committee brought in another report on the subject, which was adopted. — (See pages 29 — 33, and 90.) In 1860, when the Canons adopted the previ<»us year came up for confirmation, tlie following report of the Committee on the subject was adopted.] 5. The Committee on Canons beg to report, that in view of the probability of the meeting of a Provincial Synod of Canada, they deem it advisable not to bring forward tor dis- cussion, on the present occasion, any porti<»n of the collection of Canons made by them, but to await the action of that body. — Sr^ssion of 1800, pages 151 and 181. [Note. — The first session of the Provincial Synod met at Montreal 1861, but the subject of " Ecclesiastical Law " was not brought before it. At second mei'tinj; in 1862. however, a motion was mwde "To recjuest the Upper House to concur in the appointment of a Com- mittee to revise the Enorbsh canons, with a view of adapting them to our circumstances in this colony." In amendment it was moved and carried : "That the subject of the canons be referred to a Select Com- mittee to prepare canons to be submitted to the considerj/iion of Sytiod at its next Session; the said Committee to consist of two nicn)l)ors from each Diocese in the Province." — Proceedings of 1862, page 38. At a third meeting of the Proviucial Synod, in 1865, the C'ommittee reported a selection of canons from the "Constitutions and Canons Ecclesiastical," enacted in the year 1603, and asked leave to sit again. — Report of Proceedings, pages 10 and 41-47. A motion was carried relating to vhe observance by the clergv of " the rubrics appended to the Church Catechism," and-mothers (as far as may bo) sjiall be communicants of the Church." — Proceedings, pages 12, 13, 64. At the meeting of the Toronto Dioce&in Synod in 1867 a Conimitteo was, on motion of Rev. Mr. Darling, appointed to prepare a memorial to the Provincial Synod on Ecclesiastical Law. — Session of 1S(5S, pages 6 and 25. At the fourth meeting of the Provincial Synod, in 186H, the Committee on Enixb"*!' canons, etc., reported pro- gress, and Jisked "leave to sit again." — Proceedings of 1868, page 79. At the Toronto Synod, in 1868, a memorial to the Provincial Synod on " Ecclesia-stical Law" was a«lopted, pointing out that the Church of England in this countrv " is not subject to the code of ecclesiastical law which prevails in the mother country," nor has .she, a^i i'f 164 STATUS OF THE CLERGY. like " the Church in the United States of America," a fully developed system of canonical enactment, and prcssinf;; upon the Prorincial Synod "the ^roat necessity which exists for layin<» down, with all possible distinctness, the canons which arc necessary to roijulatc the action of the Church throu<^hout this great ecclesiastical I'roTince." — Session of 18GH, pufres 28-80 and 0(5. This memorial was laid before the Provincial Synod in 1871, and referred to a committee, but no report was presented to the Synod on the subject. Proceed- ings of 1871, pages 12, 30 and 122. | Mm CHAPTER XXXII. [\oTE. — In 1860, on motion of the llev. Mr. Darling, the following resolutiofi was passed :] 1. That the prcseiit direction of popular and svnodical action, tending as it does to undue curtailment of the pre- rogatives of episcopate, and its exposure to unhealthy influence, coinhined with the fact, that (according to the statement of the law officers of the crown, contained in their communi- cation to the Duke of Newcastle, as set forth in the despatches laid before the Provincial Synod, in the year l'^«»2,') the IJishops in these colonies have the power of withdrawing the licensesof the unhtMieficed Clergy at will, this Synod tjliall, by memorial to the Metropolitan or otherwise, take such steps, and enact such canons as shall enable the Provincial Synod at it^ next meeting to consider and enact such canons, as may for the future determine the dxtns of the said Clergy in this Province; and that a committee be appointed by the Bishop for the j>urposo of giving effect to this resolution, and to re- port to the next annual meeting of the Svnod. — Session of 1800, page 47. [XoTR. — Xo report was presented in 1807, but the Committee was appointed. In 1808, the Committee reported a memorial on Eccle- siastical Law, (pages, 28-30), which was adopted, (page 60), but which Wius not presented to the Provincial Synod until 1871, See chapter on " Ecclesiastical Law." In 1 808. the following resolution was passed :] 2. That the consideration of this motion for a Committee to ascertnin and report upon the present sUitus of the Clergy in this Diocese, and in connexion therewith to consider and STATUS OF THE CLERGY. 105 report upon the followiiirij points: 1. The prej>ent extent «>t' tlie autliority of the Bishop to appoint or remove a Clerjx.v- nian to or from an Incum])ency or Mission, witli or without his consent, or that of his congregation. '2. The privilege or right of the vohintary suj>porters ofaChurcii to a voic. in the appointment or removal of their Clergyman, ami if any such privilege or right should he accorded, how and in what man- ner is it to he exercised. 3. The power ot the Synod to make some general rule which shall govern in the premises. 4. The Statute 20 and 30 Vict., Caj). 10, whether the con- ditions, limitations, and restrictions therein contained, are conducive U> the hest interestffof the Church an, ]>age 00. [Note. — The Committee on ratroiiage reported in 1870, hut did not inchule in their report any reference to the tbregoing re>olulion. 'J'he following notice of motion was made: " Jhat a Connnittee hi; appointed to report upon the present status of tiie Clergy in this Diocese, and in connection therewith to consider and report upon the following points, viz : The present extent of the autli«>rily <>f the Bishop to aj)point or remove a Clergyman to or from his Ineumheucy or Mission, with or without his consent, or of his Congregation, and the proceeding's necessar\' to he taken in reference to such appoint- ment or removal," — '■ sion of 1070, page 78. Nothing was dune in 1871, hut in the Provincial Synod the following resoluti».tn, moved hy Hon. Chief Justice Draper, was concurred in :] 3. That it he referred to a Committee of Five Memhers, to he nominated hy the Venerable the Prolocutor, to consider and report upon the j)resent legal siaim of tlm Church and its Clergy, as detinetl and recognized in Imperial or Provincial Acts, in the Provinces tormerly known ant* a striet ohservaiiee of the Rubrics," for, said he, -'were the slii^htest deviation allowed, the hcautiful unity and order ot the scrviee would l»o marred, and, instead of our eongrei^atioiis, in every part of the world worshippinij in tlie same words, with f)ne month aiitl voiee, this sublime haniionv would be broken aiul destroyed." lie then proceeds to enlarjre on the sul)- ject, enters at leni^li into the sub- ject ot the " rublie Service," and "the proper conducting of Divine Service, Preaching," etc.— (Pages 24-30.) In his Visitation of 1847, the Bisho]) speaks, " in regard to the disputes which at present trouble a few sections of the t'hurch, as to certain diversities in the celebra- tion of Divine Worsiiip." * * * i. \„j [^ ,^,,,^j j^^ allowed that cases may occur, which would render the enforcement of a par- ticular Iiubric very hurtful to those whose editication we are striv- ing to promote. At tlie same time, I am decidedly of opinion, that if a complete uniformity in the observance of the Rubric coiild be obtained, through a legitimate authority, it is much to be desired ; but while such authority is wanting, nothing should be tried but kind and atfecitionatc ]»ersuasion, and if these fail, the matter should be left in abeyance till a seasonuble opportunity arrives. Wiih honest and discreet persuasion much may be done, when the point is judged of importance ; but this persuasion should precede the change, and then the return to the Rubrics will produce no inconvenieuce. * * * It would s\irely be a poor, though a most costly triumph, (says the rfmiable Bishop of Madias,) to revive an obsolete usage at the ex- pense of an inmiortal soul; * * * when the secrets of all hearts shall be disclosed, many sucli a sad history may be published before men and angels," etc. — (Pages 25, 20.) In hi> next charge, delivered in 1851, the Bishop slightly referred to the "Public Ministrations of tlie Church," which, he said, should "be carefully and decently per- formed." — (Pages :^8, ;J9 ) In his charge of 1853, the Bishop gave some valuable counsel on the two topics of •' Public Worship, and Preaching," pointing out the proper characteristics of each. — (Pages 31-35.) From 1 853 to 1850 the matter did not come before the Synod ; and in the latter year only incidentally, when a motion in reference to " Ecclesiastical Law " was adopted. — (Sec preceding chapter.) In 1858 the general subject was taken up by th# Synod, and the following resolution passed^:] mSCKEPAXCTES IX THE CELEBRATION OF SERVICE. 167 1. That the \on\ Bishop of the Diocese be respectfully re- quested to appoint a comiuittee to consider the «liscrcpaiK-ies that prevail in the celebration of Divine Service in this diocese, and to suiTixest some mode of secnrini; ixrcatcr uniformity therein. — Session of 1858, at Kingston, \K\y^c 141. [XoTE. — This onmmittoc brought in a very full report (»n tlie dsi- crc;>aiicies in the<'elebratioii of Divine Worship in lS.')i), (pMijes 34 — 42 of Proeeedinus.) Sonic discn>sion having arisen on tuc inatkr, the following resolution was passed :J 2. Tliat the committee on discrej)ancies in the celebration of Divine Wi>rship be allowed to sit aj^ain,, with a view to the reception and consideration of su«rj;estions on the subject ; and that such suLrirestions be sent in l>cfore the 1st of Aui;u-t. — Session of 185y, i»age 90. [Note. — In 1860, a fuller report on the subject was laid before the Synod, (pages 1.56 — 165 of Proceedings.) It was read, and "ordered to lie on the table" (page 189 of Proceedings.] [Note. — The subject was not brought up again in the Toronto Diocesan Synod ; hut at the second Session of the Provincial Synod, at Montreal, in 1802, on motion of Ven. Archdeacon Fuller, the Lower House requested " tlielr lordships, the Upper House, to take such stej»s as their wisdom may suggest to remove the discrep.-incies existing in the manner of perlorming Divine Service in the Province," (Proceedings of Provincial Synod, 1862, pages :1G). In response to this request the Uppi-r House requesteil a conference with the Lower House, (page 42). The conference havirg been held, the Metropolitan informed the Lower House that the I»isho[)3 would "give the subject their best consideration, and take such steps as shall seem to them most advisable to produce greater uniformity of practice," pages 51 and 07. Nothing further appear.s to have been done in reg.ird to the ntatter, but in 1865, the foUowing resolution was passed by the Toronto Synod.] 3. That whereas his lordsliip the Dishop of tlie Diocese did, at tlie request of the Synod in its Session of 1858, appoint a committee " to consider the discrepancies that prevail in the celebration of Divine Service in this Diocese;" and where.is the said committee have twice reported thciii, tiist in the Ses- sion of 185l>, and a^rain in the Session (»f 180o, — since which time no action has been taken ; and whereas delay in the ad- justment of matters connected with the Church is at all times, detrimental to the Church at large, which is particularly af- fected by this question, it is desirable that this matter be re- 168 DISCREPANCIES IN TlIK CELEBRATION OF SERVICE. m f .. ! ferrod to tlio Provincial Synod at tlio approaciiin^ Sedsioii, for tlie'r consideration ; and tliat the delegates^ from this Synod do move this subject at tiie earliest moment. — Session of 1805, page 50. [Note. — The matter was not, Ijowever, brouglit before the rroviiicial Synod which met that year, 1805, in Montreal. Tlie sulyeet came iip, ho ..'ever, incitientaliy in the Toronto Synod in another lonn in 1SG7, when a " ("anon on V^cstnients " was suhinilted to the Synod, pai;es 48, f)!. An aiiienihnent was moved and adopted, page 53, but subsequently withdrawn (page 00), in tavourof the Ibllowing.J 4. That tliis Synod most strongly disa}»proves rati»ni of tlie Holy (Joiiiiiiuiiioii, — JSus- Moii of |.s»M. pai^i'S 57 Jind 58. I NoTK. — Snl>s('(jU(Mitly tlic t'ollowiiij; resolution was af»'(|.] «*». 'I'liat till! iiu'iiiorial uf this Iloiist' to the l*i'ovincial Synod aiiainst tliiM'Xci'ss of Uitiial <'om|>laiiU'(l of, \\v |H"iiit('(| :iimI circiilalcd aiiioiii; tin- mciiihri's of tlm Synod, u itii a \ irw to the, iiliayinu" of llic anxiety wliicii lias r.o i:;«'n('rally Keen o\j»iTs>rnt the Diocosi! in refiirLMUH! t»> this inij«u-tant sultjcct. //;/ai;i; iil»jrft I'liily tjisriisscd llicn-. 'i'lif lolltiwiii'^ rt-sojutions uci'f tiiially [»;.ss('(| liy Notii liousi's of that Syii(Hl.| 7. It is r('solv('(| liy tliisSynould expi'ess iheii- disa|»- |>i-ol»ation of the use of lio'hts oil the Lord's Tahle ; and vest- ments, excejtt the surplice, stole or scarf, and hood, in sayini^ \\\{) pnhlic |>rayers, oi- ministering the sacraments or otln-r rites ot" the Church, and their deternunation to |>revent, hy i'\ery la\vt"nl means, theii' intntduction into tim Church of tlii.s l*r».>- \ luce. Proceedings ol" I'rovincial Synod, iStJS, j)a^;es 57,07 iiiid 70. ' " ' , CHAPTER XXXIV. (Omiisisiious of gju1$, aiul Jivtsiionsi, of the i'ituriiy. [NoTK. — In the " Declaration of the IVisliops of British North America," at their Quebec Conference, in 1851, the following occurs.] Wc are of opinion that the l^islmj), as ordinary, nmy author- ize the division of the Morning Service, hy the use of the Mumiui!; Prayer, Litany, or Coinuiiiniou Service, se]>arately, V2 170 OMISSIONS oK I'AKTS AM» IHVISION8 OF TIIK Un'ROY. Hs iiuiy lie i'('(|iiii( aii- tliority. ;it lii> <»\vm (li>ci"('tioii, io aliri«l;;r or altt-r tin; Sfr\ ices or ( MHccs, oi- to cliaiim llu' l.ts.-oiis ot'tlie Cliiircli. I \(»TE. — 111 iitionl.iiici! with this pniiion of thr '* F^of laration " ii motion was wvmU' hy \h: IIho]i on the 'divisioii ofthr Morniiitr Sfr\ it-e l»y the u-c of tin- Moiii'ii^' I'nivtT, Litany or < 'oininnnioii Scr\ ire," as aulhoiizt'tl ill thi' 1 >t'i.>ho|i> i.f |»rili>h North Aiiicrioa, at thfir < Jiu'lu-e Conlt'itncc in js.'il, so that it shoiihl not ht- ohh<'atorv ii))oii tin- olliciatin'j,' niihist( r to u.xf more than two out ot th«- three forms nann'il al the Moininn' Scixifr. rxcrpt at liis •liscrotion." The motion was not pressed, as the l'i>ln |» stated, that. ii|»r»ii proper ap- |)li('ation iiein<;- maih; to him, he was prepared lo authorize the division Ix'inuf made. In !!-!«•."> iie\. I'rovoNJ Whitaker mo\ cd in the l'ro\ ineial SvnotI, " tliat witli a view of alfordinn" inere.ised t'aeilities for attendanee on Divine Worship of persrnistd" tiMnh-r years, and in ronsid<'rativ»ii of the ap;(Ml and iiitirm, it is advisaidc to reeoijnize tlie litm-ss, when the eircnmstances of any euniiren;ition reipiire it. of (-ayini; Morning; Prayer, lollowcd iiy the l.ilany, at an earlier liour than is eustoinarv, and of usiiiii' after sneli interval, as may he t'ouinl eonvenient, tin- oflice for the ct'leiiralion of the lloly ('oinmunion as a separate service." The motion was, however, |o>t. (I'roeccdin<;js of I'rovin- cial Synod, isii,'), p;iHc ,")|, In 187(>, a |)roposition was made hy the Canon Iialilwin, in tin- Toronto Synotl, to omit certain portions of the Litany, and the follow- iiiij^ nn>tioii w.'is m.ide on tin' snhjeet : *' Th.at thi- Svnod do res- pectifnlly petition the I'rovineial Syned to onut certain Portions of tiie Litany, as they reenr in the course of I>i\ine Service, or that it may not he compulsory to rejteat the same prayer twi<'e, or t<» make more than one solemn Heclaration of Faith at any one ser\ ice." Pauje 4;i. In anu'ndnn'nt, it was nu>ve«l l>y Kev. I'rovust AVhitakr ch Jill ii" ill <•• iiiiN portion of thi' or«liiiarv service ot" the C'luirtdi at any ri'i;uhu- service. — Session of 1870, \>i\*^ii 43. [Note. — The follow ing- resolution was also proposed hy Ven. Arch- deacon Fnller, lint was not pressed: "That it is expedient that the clergy of this Diocese should hf.authoriz.d, in certain cases, to divide the sei vices of the Chureh, under regulations to he laid down hy the lord Bishop, until action shall he taken thereon by the Provincial Synod."] /■i I > I 'ri. .-!. THK NE^V I.KCTIONARY — BrRIAf. SKKVICE. 171 CUAPTEU XXXV. l\it Jlrw ^rdionary. [NoTK — At tin- Sr—iiMi of tin' l*n>viii(ial Syn«««l in l>*7l, the Mttr"|H>litaii ^»•llt <|o\vii tin- t'ollowiiij^ iii<'ssaj;c to tin* Lowt-r ll>»U!!4' : ^' Tilt' .Mi'tr(i|>olitaii iiitoniis tiic I'rolonitoi' that tin' :ii-roMi|Kinyiiig ri'soliitioii lia.s U't'ii asent, hi' acci-pietl a- tlir \jtf- li(»iiarv ot'this l*n»\ iiiee, and eoiiie into iir-e .lamiarv. 1^7*^. after which iiall ii«>t he ll^(>aii;e 27. I \(tTE. — III the Lower House a motion was passed, as to||uir»: 2. That this fr«»nse coneiirs in the rescdntiun of the r|»|»cr House in reterenee to the Ix?etionary. — Ibid, paire 44. I \oTK. — Towards the close of the year 1871, the lIishojM»f T»>r«»iito issued a pastoral, i;ivii»fij iiotie«> lo his Clerij^y that, in a* <-or«laiM-e with the ilec'isioii of the Troviiieial Synod, the new Lectionary would be used 111 his Diocese on and after the 1st of January, 187'2.J CHAPTER XXXVl. (Omi$$ion$ in the Jurial .^trvirt. [Note. — lii 1SG7, the followiuij resolution relatinir to the Burial Service was adopted, on nn»tion o( Rev. Trovost Whitaker.J 1. That tlie Synod do respectfully request the lord BisIio|i of the l)io(;ese to aj point a Committee to prei>are a ineiuorial to tlie Provineial Synod on the subject o\' discipline, with a view to the renn»val or abatement of the difficulties under whieh the eler«ry at pre^ent lie, in respect to the use of the seiviee for the l>unal of the Dead. Such memorial to I>l' re- ported to the Synod at its next Session. — Session of l'^*>7, ]>age 17li rj; OMISSIONS IN illE HUUIAI, SKKVICK l! ! |NoTK.— Ill iHiJK, tlir iiieiiiorial was laid befoni tlic Syiio«I, aii«l ailoplcd MS (olloxv, : I TIimI vuiir iiM'mt>riiili.-.t>. in iuimiiiuii willi very iiiiiiiy iiu'in IxTs 4)1' till- r iiitrtl Ciiiirtli «it° |'!ii;i;l:iii! tin; \ inU-IK'C Hut, lllirn'< |ll('ll 1 1 y (loin; !*• llir coiiscinicc i»r I lu! ( 'jertrx . a."> Wfl! jis o|* the h«'iiii«liil ucciiniuinMJ 1<)u||m'Is, liv iIh' iisr i»l' till' ' Srr\ icr loi" liui Unria! ol tin-. I)(ail/iii !ii>taii<-cs ill wliirli its tmiis ari; iiiaiiircst ly iiia|»- |>li(alil('. TJial tiny r«>inM'i\i! that no iH'iiicdy lui- this rvil is to Im' I'uiiiiil ill I in- rvm'isi' of (liscj'i'lionary iliscijdiin' hy in ili\ idiial chiiryinrn. That, iinh'|>('inh'ntly of the. (•on>id«T:i tinii that the Int rodint ion ofany Lit mimical I'han^c would Im^ at \ aiiaiiff w iih ihf priiH-ipIr-^ avowed in tin* derlai'ation oi' the I'loN iinial Synod ; yoiir nn'i'.« rialists would ('aiin'>tly *\v i)rc<'at<' any inoililication in the ianj^i' i;;o of the Ihiiial Ser\ i«'e; hin;j;iiaL;e u hit h, as tiiey eoneeive, is most, adiniraldy fitted to e\|»r<.-s that Christian !io|m' wlii<-h it is ordinafily oiir diitv {it eheiisii, and to eiMivey that <'on>olat ittii, wiiich i> not only most \\tde<»ine, hut. also mo.-si^ii of the ('liiireh in res|KMt oltlmiise ot'that si r\ iee ; the |ii*aetieal dillironoiin(;e«l hy an ec(*l"siastical court, this ohjection sII»l(> nooiiracv, :iii(:iii('«' in uliidi ji ('l<'r<:;yni!iii hluili u'itlilioM tlu' IIS4* ot'tlir I'liirial S«t\ ici> iiimIit this (/Uiioii, lu^ shall Im* iMtiiiHJ t'oi'thwitli t<> rcpor; tlir ca-t- to tlii^ liisliop, %«'illi iIm- jrntiiiuls ol'liis rcl'iis.il. S«ssinii ol" |S(;s, pii^cs ,*{'2 — ;;4. aii«l '"?♦. |Xr.VK, — Tlio inr-Kiorial was |»rrscnt(i| to tin- l'i«>\ ini'i d SvikmI 'gi IHfiH, :iii4| 4'iitii ol'llii- hrilisli N'.hIIi AiiH-iicaii IVisIiiips, al a •■•»iif«-r«-in-c' hclil at (^iH'lin-, in Si-|»tciiilMT, l.s'd, llic rnllMwiii^ •>|»iiiioii L> 4-\|»r<-s.s(*«i :| I. We hohl ||iM.t ii ( 'Irr^yiii.M'i kliuw JiimIx «Mlrlil;il ili;j:.- Iiiai' ria;»i' 'rt-twiiMi jk r.-^nis wlio arr I'datc"! tr«»iiil»ii«'«l iil»li,^li(iir>iin' and )>tiiii>liiiiiiit ; and th.' |M-i-siitis who ronlrad ^u<-h iiiarria;ri> -hoidd nut he admitted to the I loly ( 'onininnion, ••\iX'|»l u|«»n r4'|*ciilanr<' and putting away their sin. And «•• nii'iiiiiK-nd that tho alon-.-^aid " 'I'aUh- o|^ riohiltilcd l>t-;»n-f->** ^lnlllhl Im- jiiit ii|t in rvrry Chnrch in onr I )iori«srs. \V«' an- further of opinion that iMJn>tir (hti niC'hnich in withhohliii^f t'roiM «>iit- |!ishops the |)o\v« r «>!' ^rant ini; MairiaLTc l.i«-*-iiHi-^ \(lii<-h is i>\rrcisci| hy th<> Iti^hop.'^ ol' the Uoinan <>aiholu- <'hiin-h: and that in srxrral I )iocfsrs i^ii-al ii' n-:fiilariti<*!-. and irrirvoiis I'viis prrvail in ronxMpM'iicf of the •h-t'«"<-liv«' statr of the Mairiaiifc Law. Wr also hohl that the r'h-nry «»ft.iir(.'hiin-li slionid ahstain iVom n-hhiat iiijL; a nianians, holh of whom pro|f>srdly hclon^ to aito, hrr •-•MiiMiiiiiiofi, fXiM'pt in cjisi's wlu'iT the sisrvirrK ol iio oliirr Xliiiii>i«-r <-aii In* procured. jX*»Tic — in hi* r|iarK<' (h'livored in .luiie, jsiid, tin- llislntp rel'cnrd "to 1Ih> alli-rMlioii wliirji lias already heeii made at Iioiim; in the la^ of luamai^-. and t'» the attempts that are iiakiic^ to le^r.-ili/.c ni.-trrian't> with a ♦Wi'awd »ifii. JaiiM*^ J|orn«, during the [tlu'ii | last Session of rarlianiciit," <»n tliirt :f'l m I 174 SOLEMNIZATION OF 51ATRMOXT. siibjoot. lie also referred to the law of divorce, whieli had "l»ooii pHsst'd ill tliiirliuul, contrary to thestreimons «>ji|M»sition of theChun-h, and is now in operation," " tlie evils «»f its working," he staled, "are already so manifest as t«) alann its promoters, aii«l tiil th«in with apprcliension as to its future results." He then proceeds lo discuss the indissoluldiitv of marriaije, as held bv the Church of Eni;iand. (Cliarijo of 1800, patjes 'JO — '29.) The suhjcet «lid not furlier ciiclesiastical Lawyer be obtained, wlietlior the Ilisln^p of the Dioces*' lias n *t the power veste«l in iiiin, by virtue of his «dHce, to issue to a Cleriryman of his Diocese a license, or faculty to celebrate a marriage beiw«-en paiti«'s without the previous publi<;ation of banns, and if the rcjily to sueli query be in the atllnnative, to eiupiire what further steps he would advise tin; Bishop to take in order to isisue such license or faculty, in accordance with the discipline of the Church and the laws of the realm." Subsecjuently the following resolution was passed :J 2. That tlio coiisiderutioii of the tbre*roing iiiutitui Ix' de- terred till the decision «d' the Court of Chancery, in the esiso of the lloiium Catludic Bishop Lynch, celeUniting the inar- riao:e cereiiioiiy on his own authorit}', !« made known. — Session «d' 1807, page 03. [Note. — In his address to the Synod in 1800 the Bishop thus re- ferred to the ipiestioii «jf the 8olemiiiz;ition of Matrimony : " I ni.uy here refer more particularly to the solemnization of niarriag*-, — th;it it >houId ha\e that publicity as well as sacre we know, lax opinions prevailing upon subjects of the m<»-t sf a country may Im>, in a large d«'gree, responsible for this; but, no doubt, much o| it is traceable to the irreligious and mere worldly view in which this solemn ordinance is often n'jjarded. It would, amonifsl our>el\es, prove a safe-guard against this demondizing custom, now of so wide a prevalence, if caiv were taken that marriages should never !»«• soleiiini/ed at unseasonable hours, and never in any other place than in a building specially deilicate«l to Almighty Inxl. It will, I trust, be adopted as a peremptory rule in all *nir dii'ceses that this pnbli<- and solemn celebi-ation of a service so important should be unitormlv insisted upon, and I am not without ho|>c that ^tiier rcligi<>us lM»di«-- will take the same vie\\ of tin* subject; and I feel a 'confidence that it only needs something like a unanimous cxprcsuon of their opinion SOLKMNIZATION OF MATUIMoNTY 175 " Ucon :iiuv«li, a, " »rc III wUli iii.^laiul. r ciiuail^' l» ill" tii«« ^. jiowor n of l»i-^ to >uili lie woiil«l iculty, ■»>« vs of the 1 t\ie mur- kiiown. — ,p tlius re- ' 1 may iair«-, — t\»at icil witU »^ int<'n''*l«*''- ai.', :»> ^^'•' ulioiis an'«> ,,t' so \vi«l<' ,1 mvir l»«- r j»la«o than will, I trust, , thii i.tjMi' b*! unitoriiil) igi.ais Inuli'^ nti«U'nc«- il>:«* their oi)ini«»ii II to iiulnco tlio LoLjislaturo of tlio Doniiiii'Mi to rcijuire that, nnless in sjH'cial instances that nii<;ht Ke provifh-tl for, no niarriaup shoul«J he soh>nini/.('l(' lioiiis, ami in a place of pul>li<- wor- sliip." (Session of 1 Stt{>, paQ;es 2:3, iM.) At IJie next Se:»sion of the Syno«I, the followinii; resolution was passed, in acconhince with the forcijoin'^ sui;<;esii<)n of tli3 15isliop:| *i. That this Synod, witli ;i vi»'\v to iiiaintaininc; in due lioiior and veneration the Ordinance of Holy Matrimony h> h saered rite ot' the Christian (/linreli, express it as their soieinii coiivietion that it is desiruhie tliat niarriatr'»> may in»t lie soleinnized exeei^t in ('liin'clies, iioi- hetwren ]>arti<*s who are eitiier one or hotli nid»ai»tis{'d. — Session of I>7<', \>n'^vi>7. |X()TE. — The followiiiLT i"<'>^"lii1ioii was also |iri>po aflinn its dclihemte conviction that iio (Jlertfynian of our (Minrch is jii>ititied in oelehratiiii; marriauje hetween persons standiiii; within the l'rohii*itet the lord liisjiop to appoint a connnittee to repoi-t on tlie roiirM' which should In- adopted in respect of persons, niendtcrs of our eommimioii. who have contracted a marriage of this descri|ttion." The fullowiu^ amendment ha\ in<; heen pro]»osed, the mover and seeonder of the oriifinal motion withdrew it: " That a< there is <;reat iinirertaiiity felt amou<; mend)ers of our connnunion in this country on the vuhjeet involved in (_'anon Ueaviiu's resoluiion, the Synod would appoint a <-ommitt«'e of live memhers to in(|uire fully into the matter, and report at its next mei'tinu ; the committee to eon>ii-t of the liev. < 'anon IJeaven, the Kov. the I'rovost of Trinity ('olleijc, Ven. Andidcaeon Fuller, Kev. Canon HaldwiM, and the lion..), ll. < 'ameron." After -ouie diseussion. the mover, with the concurrenee of the «M'i-«»nder, witlnlrew his motion, and gave notice tl a' he woiUil move it* adoji- tion at the next meeting of the Synod, as follows: "That this S« nod do atlirm its deliherate conxiction that imj Clergynian of onr <'linrcli is institie, [)ages 7S, 7i>. (NoTK. — This <'onnnittee was appointed, hut no re|M»rt was pre- ><*iited hy it to the Synod on the suhject. In |h71 the tollowing n"M»lutioii on the same suhjoct was passed :| r». Tliat the htfd iJishop he reted to nominate a Coni- I' ittee (of legal gentlemen) to entinire into the diaahilitiei: un()si'«l :— " 'I'liat no (.■lorixvinan shall sokMiiiiizc Matrimonv in anv rase whiM'o there is a . That the resolution he referred to the (JcMunuttee <>n Marriai;(! Licenses with instructions to ol)tain leujal »t|»inion, and to rei>ort to tlie h>rd liishop. |N<)TK. — At the same Session of tlio Synod (ls7l) the snhjeet of Marriaj-e with a Oe»;eased Wife's Sister was broiiiiht no i>v thi' Uev. Canon IJeaven, in the, following- resolntion :| 7. 'I'hat this Synod (K> atlirni its deliherate conviction that noCU'riiTnijui ol'our (Jhurcli is justiiied in celehratiui; Marri:i<;e hetweeii persf consjini!;ninity or aMinity. — Session of 1871, ]»a<4'e '*!. [NoTK. — To this nmtioh it was nujved in anu'iidiuenl, " That as i^reat nneertainty is felt aniong members of our eounnnnion in this <'onntry on the sMl>|ect> invoUi'd in (-anon Heaven's res«»lnti»>n, it is ex|)C(lient to appoint a connnittee of six menihers to eni(nire hilU into the jnatter, and to report at the; next meeting' <»f the S\ no.l : the committee to (consist of the Uev. Canon l>(\*iven, Yen. Ar.hih-Mc.ii of Niagara, tlu^ llm. Canon lialdwin, the I'rovost of Trin'ily i'olle^e. the Lion. .). II. ( "anu-roii, and S. II. I>lake, Ks(|. — Los/. The orii;iiial motion wiis then put and carried. — /hid, pages ;{4, oy. Snli^-eipniitly the following resolntion, as si rider to Cani>n IJeaviMi's motion, \\:«s carried :| H. Tiiat tlu' Synod (d' tlie Diocese (d' Toronto respcctfullv recjuests the I*rovincial Syinxl to take nieasure.s t<» <'1i'cclnall\ restrain tlu; Cic^rgy (dthis Province from celehrating Mairiag< ?» hetw(M!n person^ within the prohihiteil degirees of c<»nsangninity and atliidty, as didinetl hy the United Church of Kngland and Ireland. ////V/, j>age ;i7. jNoiK. — This resolution was e.ommnni(;ale.| to the I*rovineial Synod hy the Honorary Sfu-ri^taries, and that Synod appointed a committee to report, npon the matter. The connnittee hrongUt in a report on the subject, whi(di did not, however, come up for eontirm.-i tion, owing to want of time. — Jonrnal of rrovincial Synod, 1871, pag(3s 20, 21, 5L', 515, l'J8, 12\>. POLE^rXTZATION r»r ^fATOBIONV. 177 t»Ml, in iiy »nso U villi; ; ity ii> :» ini»ini«»u, till' Uev. on that » Tluit a^ )ii ill thi-^ .it'll, it is ^uir*' fully . S\ ii«»tl : r,litlt:i''"" ii> «iri;j.iii;ki ,S»M|ll«lltl\ I. til. 11, \vn> i' lVi'«'1ii:inv Man-iiiii* :* ,iiiiiiuinity jiluiiil :in«l l*n»viii»ial iitjioiiitotl s* doUgllt ill :» L»r conlii"iii-» nod, 18T1, |XoTK. — Tn lST-2, tlif r'niiunlttoc ap|><>into'n.'t n-latcl to "tlu- iliti«.'s iiinU-r wliifli tlic Clinn-li in this I >io('es(! lalKHirs, in not hciii^* iil»le to issiir Marriai;!' Licenses to her nieinhers — a ]»ri\ilei£«' enjoyeil liy a lea«Iin!Lr c prcsiiiiied is the Uonian Catholic Chiirch, as no other coniiiiiinion in tiiis Province has cither clainied or c.\crcisei the claim of the Koinan <'iitholic Chnrcli to issiu' inarriajie licenses, has l»een also the suhject of recent inal»iltties omplainod of. < hie of the memorials presented to the Pro\inciaI S\ nod was from the Synod of the I >ioeese of (^lichee, the other was iVom the "Ottawa <'leiic;il I'liioli/' in the Oioeoe of (Ontario. 'Ilie (Mtaua < 'leric.il Inioii, in their nieniorial slate, that they "Iiave 'oiiMilted the hii;hest Ic^al ant iiorities. under the Oomiiiioii ( iovern- nicnt in reference to the matter^*' and that, " in the l'ro\ince of <^»nrlMc', the Kpi-i-,.pate of tin- Roman <'ailndii' ;ii\ , "^ * * and the ( Governor Oeiieral nets as J)eput\ for tin.' ArchI>i,{' < 'anteij.ury, whoso jurisdictit.ii <\|i tided at one time o\er the whole "eol.iuy of Canatja." The memorial from the Synod of (Quebec, states, that "in this t'olonv the ion of the country assumod (l>y Iii> Patent) the power id" an or.linary, and has exercised it as incifleiital to hl^ olliee of erial I'.-nTi.iment jiassed in 1774, '•«imnionl\ called " the (^»ue|.ee Act." "Tin- ri'^ht of .^rraiitiiii; a dis- |ieiisatioii of mairi.ane li.ciii.(>tical power :is ••nliu.arv." The memorial also states "that maniaLif, except in c.a-e- of lieense, is performed l>y piuclamution of hanns. * * * In Enghmd (the i»owvr of dis- ( 17S t^OLKMNIZATION OF MATRIMONY. |>('iisiiii; with Icimis is t;rjint('r.lijiary, or iM'isoii cxcn-isiiiu; ('('clcsiMsticiil jurisdiction, or, in i»ther w«»rils, from till- KcclcsiarnuHl without a fcrtilifatc cstahlishiiitj; that the |Mihlication has |>cen maMhn('ation of hanns.** " As rc^ranls the J'rovinet! of Ontario, |tho (Mtawa Clerical Union), liinl that tJKM'i' (>xists a i^ravi; donht as to the lejjality of all the Miai ri.iu,t's * * *■ contractcMl under inarria<;«' licen>cs issnetl hy the Konian ( 'atholie Kpiseopatc in the Province, in.-tsmucli as ii is •juestioned whether tlic MarriaiiC Act of the Parliament of i anada, (passed after the union of the (ipper and Lower IVovinct*s). di^l not al>roiiatc the anlhoritv or power conceded to the (Roman <'atliolic) K]»iscop.it(' unayment of the principal and interest of the Low i-r Canada llehellion Losses Deln'ntun's." while in irpper Canada it was in the sanu; year, 1840, " spe<>ially ap|»ropri:ited to riihlic Cliaritahic Institutions. " Sul)se(piently this portion was, hy !:( and 14 Vic, al of the Leu;i>lature liu- puhlic purposes of interest in Upper Canada." Such is a \tv\i't' res iinw of the historical aspet't of this ijuestion ; but there is a nn)re practical oner marriai^es, or shall tend in any deijrec to le.-ive in doubt the legality of niarria<;e, or the legitimacy «»f the otlsprinij. It is exceed- iuiijly undesirable that tln^ Chundi of Kn^land, by any claim to special or exclusive juMvileycs, should adopt a C(Uirse calculated to |H'rpetuate a nn»de of j»rocedure in reference to parties proposiniital»U' o«nii->«-. wliilo llicrc is little risk that tlic iiu'inbcrs of the Chnnh <«f Hnirlaii'l. will rest)rt (Isewlien- than to their own Cleriry, J«n«l to their I'arish Chunh, fi.r the jietiial ci-loliratioii of the saereil rite. After havini; j^iviiig this matter our best consideration, wc bc*j thus to re|)ort iipon it. 1. We tlo not find it determined, that any «lonomination of < 'iiristiaiis in this l*n)vince, has the power t«) issue to her members niarriaufe licenses. 2. The lioman Catholic Church in this Province, acts upon the view, that it jiossesses the power to marrv Uj^on a dispen>ation or license issued by itself. :{. it has been urged that the (,'hurch of E!i;j;lanur Committee reeommend, that a rc|iresciitatiim be made to the legislature as to our position in this niattcM', as compared with the Church of Kome, in this country, and askin<; it to pass such a law as, wlnle etlectually protectinir marriairc from any undue or dangerous facilities in the contracting thereof, shall place all denominations, wliether Roman Cath«dic »»r I'rolestant, on an eipial tooting, 2. MARRIAnE OF DIVORCED PARTIES. The other matter n'ferred to your Conunittee is contained in the resolution proposing that " No clergjman «liall solrninizc matrimony " in any case wlu'n- there is a divorced wife or husband of cither "party still living; but this canon shall not be held to a|»ply to the "innocent irartv in a divorce for cause of adnltcrv." < hi this your <'onMnit1ce think it is higldy inexpediient, if not illegal, for the Synod to lorltid any clerg\ nian pertorming ]narriai;e between parties legally tiititleil to enter into In>ly matrimony. The enacting of the propose*! canon (forl'idiling a clergyman to pcrl'orm surKiiis Mil " tlir |»r<»|»er romlin'tiii;^ <>t' l>niii(.' Srrvic<'," s.iid: '' Kvcrv ••U'ri^viiiaii, whose vo'uv will at all ju'riiiit, oiiyhl to i'onsidcr it iiis tluty to learn a fi'W I'saliii tniios, that this «'^sciili;il aii. — (<'liarijf of 1844, |»a<^es ;il, '.i'J). Ill llic I )c|, the rojlowjiinf |>:ira<^ra|>li oeiMirs:j I. W licicas tliti multi|>HeutiMii in C'lmrelies of (lilltTciit llyuiii Dunks, |)ul>lislui«ni aiiioii<:: iis. \vc are ot'o|>iiiioii that a judicious s(.>h'(*tiou of Psuliiis and IIuiius hy eoui|»rli'iil aiiflii»rity W'ouhl tiMid iiiueli to the furtlierauce ot' devotion and to the <'sl<'r, \\;is I'lst : "That a *;onnnitt«>i' Ik* app.>inted t insider wlietliei- a lii'ltci- selection of IN aims and llynins than that nou in use, may not l»e ol)taiiie, |>!io(' :>4.) Ill IH'tT the tw<» folK iw in*; resolutions on thi>snhjeet, pro- posed |»y liev. Mr. henroejie, were pa-ssed:] 2. '^riial whereas it is hi-;ilde, aud whereas there is room for iinprovenient •jronerally tlirouirhout the eon- i;reo;alioiisorihiH Dioeese in oeiehratiuirthe praises of A IniioJity (lod, and of His (^hrist, a <'o nuuittei' of Syin»d he apjtninte*! to take into eonsideratiou.aii d to sujrirost uuiforuiitv in choral, couo;re((ational, aud ritual slnj^in*;, to the excdu-siun of all un- i^eenily music t'nun the sai letuarv, and the more ueneral adoption of (mhI's (»\vn won! , as set fortii in the Psalf'^'r, or Sonys »d" i)avipointe-d to he iise«l "daily,'' throuirhout the uiokHi, S(!ssion of lS5V, pajifes 24, 2.>, 8. Tluit a committee Im' :i ppointiMi hy this Synod to consider hy what means coiijuregatk »nal psa^nuxly can he hest en- uouraged, aud also whether it might nut !;e expedient to give cnuwn Mrgic and congregational psalmody. 181 li..|.. Ill l)i\iuo l',isl».>\'S liiVi-nnt r»il:ir in I lluinis theVaiit'e o otMisitlt'*' ,:it now HI „ of l^'>*>. ll.jr.t, \»»'> l.niMcU of .\».>i;i>tical roastluM-c :H»\>"ii>tt:«l in clionil, of sill un- ,,^. w-cneral Vr:ait',.'r, or to consider ,1. \»L'st en- lient to give flic sanction of file Sviuxl to the ITvnni Imok now jjjcnrrallv uscmI ill the I)it\ ami to make what a«Mitiuiis to it as may roii«lt'r it iiioH' ixeiM-rallv iicefiil for <aii(-tioii a^ tlit^ Ilvinii !»oo|< of tlu* |)MKf.-«o, aiiotlh r collt'ctioii wlii«-li niav more t'lillv iiicct the i'e<|iiii'eiiieiits of the Chiireh than that which is at |ut>eiit ii.-e«l in it. — Se^«ion of ls."»7, |»a^e> !!♦, 25. I Note. — In Juno, i8*»8, two «-Iahoral»- reports on tli«> fon-gdint^ suhjocts wrn- laiti ht'lon- tlie SvimmI ()».'i<;<'> to IV). Two romniit- \rv> wiTf a|»|M.iiitcs('ie be printed ami >tiit to every coiiirrei;ati«»n in the I>iocese. — ^^e.■Nsion of l^.")^, page 07. [XoTE. — In Si'ptt'mbcr, 1868, two reports, viz., thi- Chun h Music, and I'saliiis aii on these Mibjeets |-eap|)oiiit<'d. — I'a^e 114. In \x,')[), t\v«» reports on the same siibjeets were siil>inittei| to the Synod, (pa;;:es Ho, 67 — 7o,) The report on I'sahns and Hymn-- was ree«-ived. iiul the foHowiiij^c resohitioii pas.setl :] 5. That the committee l»e authorized to take mm h measures a.-i they may think rit for the circulation of their Hymn lx»ok, and traiiHiiit copies to tlie ]5i>lioi»s of Quebec, Montreal, and lliii«>ii. with a view of obtain iiii;; their opinion and sug:re>t ions tiicrcon. — {Session of ls'>U, pages loi', lUo. [NoTK. — In 1S60 the coniiiiitteeson i'salnisaiid ilyiniis, and < 'iiurch Musi.-. sahiuitted reports on these suhjeets, (|»a^es loi'. 171 — 174.) 'i lie report on I'sahns and Uymiis was adopted, (pau'e |sj».) The •'oininittr-e «»n Chureh Musie was enlargetl, and tiirllier direetions were i^iven to it, (page 1J»!».) Tlie following resolution was also pa.>^sed :| t». That the committee ou Cliiirch Music be aulhori/ed. in onler to meet the ]»resent requirements of choii-s and music classes, to piildifili a email ami clieap collection of Psalm and llyiiiii tunes and <'liants, embratdng su( li inetri's a> are likelv to be ree done without expense to the Synod.' and that with a view thereto they shall ad«' to their number such meni- hers of Synod as tliey shjill understand to be acquainted with cliundi music, and invite the aid of cttin}»etent {irofe.ssors and j»ci-sons. — Session of ISCO, page IbO. 182 CHURCH MUSIC AND CONOREOATTONATi rRAT.MODY. !i (NoTK — In 1861 a Airllior ruport on (Miiircli Music was laiiiilr(|, (jtaijc 2H|.) In 18<'»| arosolntion on tin- snlijcct was passtMl in till' Trovini-ial Symxl, askinj; tlio Bishops "t<» take the necessary in«'asures t' 1)0 requested to jd'oeuro tlic hci- vic'L's of suiiie ('lliciciit porsou as tcuclicr of (M>no:i('ojitio!iiil siii<;iTi<^ ill sncli ot' the (^onjijrofjsitioiiH of tlii^ Diocese as may rcquiro liis scrvicofc^. — yct^sion of IS02, pae;e 41. NoTK. — Tn 18(5;^, two reports were laid before tin; Synod, viz, : On Church Music and Conj^re^ational Sinj^ing (pa<;('s 22, 2;{), The report un Church Music aloru' was adopted, (pau;c l'.».) In reference to the other rej>ort the following resoluti'.ui was passed :| 7. That the coiimiittee on Congregational Siiigiiig ho incor- porated witl: the IShisical Committee of the Synod. — Sension of 18h5, page K;. [Note. — Tn 1805 a motion was made hy Rev, Mr. Darling in the Provnicial Synod, hut not concurred in, calling the attention of the Convocations of York and (\antcrhury to the di'sirahility of revising the Psalter, " with a view to its hotter punctuation for chanting," ami especially of "dividing innnorous verses which are too lengthy lor convcMiietit recitation." A motion hy Rev. ('anon Rancroft was con- curred in hy hoth Houses, for "the appoir-.tment of a joint <'om- mittei; for t'le juiipose of (unupiling a I'sahn and Hymn Rook which may he recommend«'d for use in this rrovinee." — (Report of Pro- vincial Synod for 180.5, |)ages 1.5,81, ;{;"), ,5:{ and 70.) In the same; year (IHOo) the Committee of the Toronto Synod brought in a report in regard to an Appendix to the Chants and Tune Book, which was adopted, and $20 were voted toward the ex|)ensos of the " Tune Book." — Sesait)n of 1805, pages 58-55. A report was also presented and adopted in 1800, statiufi; that the music of the? Apjx'iidix is nearly ready (page 87). In 1807 a report, statnig that the Ap|)endix was ready, was presented and concurred in, (pages 41 and 01). In 1808 the report, whicli w as adopted by tlie Synod, b tales that sale of the cniTRcii Mnsrn and tonokfoational psalmody. 183 .t«fore (>»• vc- cssary s iuul ,.f thf. oviiu*'. llCtl t«» for t»nv to llif till' H'V- riitiolUll VIZ. On lu' incor- on of till'. ,t" vcvisiiiji iliiili." »"•' (-uixtliy tov ti was fon- joint com- ook wliicli )lt ol' I'l"- , thf stiiiu' in :i report whicU was tlic "Tuu«'. so plVSCUtl-'ll (lix is nearly unendix was In 1868 t' sale of the rimtit ann tilt' snltjei't Itt-yond the a|i])ointincnt of a (Miairnian of tlie Joint < 'oni inittco on I'sahns and Hymns. — (l*roeees .'»n and Ht.) In |H(;!>, |h7(I and IhVI, Ueports of the <'linre|i Musir Com mittee, iclatini;; t(t the "(haul and Tune llooli," wen- |>rescntid to the Toronto Synod and eoncnrrecl in. — (Session of I s»i!», ji.ijrfs «n» and 74;— of 187(>, i»a;j;es 85 and 103;— of I h7 I, pai^es 51, r,7 an«l 170.) In his address to the Synod in 1S70, (pa^'e _•:.,) the Hishop thuH refers to the snhjeet of a llyninal: -"In my address to yon last yeai', I referred to the l>enetit of seenrinij, if possiMc, harnionv and oneness in the iiuxle. of eondnetini^ the services of tlnr Chnreli ; and t'Xpressed a helief that the snhjeet would, at an early |)eiio.|, he taken up hy the i'ouse of Hishops. With a view to the same ohjcct of harmony and uniformity, a Committee at the last meetiii!;; of tlie I'roviueial Synod was appointe(| to rtfeet, if possihlc, a <'ompilati<'n ol" I'sahns and Hymns whi(di mij^ht he adopted in all the Dioceses of the rro\ince. This is an attainnn;nt which our Metropolitan lias nnudi at heart ; and, in deference to his wishes, |>n'liiniiiaiy steps have heen taken for the orujani/ing of a sub-eommittee who niithe Provincial Synod at its next meeting;. If our several |)ioceses, as they have opportunity, would j^ive expr«'ssion to an opinion commeiidatoiy of this ohject, it might accelerate the comjde tion of such a work; ihonj^jh I am not inseiisiMc of thi; dillicultv, amidst the many tastes and opinions that have to he cousiilt(lisli such a selection as would jfeneially he satisfactory. The etl'ort, however, is undeniahly a juaiseworthy one, and it shoiiM not hastily he relim|nished." In iH7l IIk^ Joint Committee of the I'ro- viiH'ial Synod, a|»pointed in in lS(i5 (and the Chairman in IbtKS), did not report, nor Wius it re-appointed. A niesssaije was, liowevtT, rc- ceiveil hy the Lower House from the House of Hishoiis, coiitainiii"' the follow ilii;- resolution : — "That the House of I'.ishops, feeliiii;' the want of a Hvniiial for the Ane tiaiismitted to the I'residents of the (Convocations of Canteiluiry and ^'ork, and to the J'roloeutor of ('anterbury." The resolution was concurred in by the Lower House. — (Proceedings of Provincial Synod, 1>{' llic itvi\;il <>\' the Diai^onato was brought before the SyiiiK.1 ol" tlic J )i;irliiiii', (page 22 of Procee action was taliou <>ii it. In 1 s.'in, the subject "of organiziiij;' a body of Lay lleaih-rs or ('atecliisis'' was brought JK'fore the Synod (paLic N| of I'rocccdiiius), hut with a like result. In 18()1, tiic. Ucv. Mr. Ih-war iMonniit tlie matter b(>forc, the Provincial Synod and the follow in^- resolution was concnrred in and a committee a})pointed :J "That a connnittee of two menibers from each diocese be appointed, to (^onsitler whetlui- llif cllieienfy of the Church might not be proniote nays, as follows :] 1, Tluit the revival of the DiiKtoiuito in its full ciKciency, as a separate and ])ennaiUMit onlci', woiihl l»o of great scrvitie to the Church. — ISessioii of 1S(I.'), page 17. [Note. — The subject was not brought up a'^ain in tin; Toronto Synod Until in 1871 (see below). In I 8(15, however, the Committee. of the Provincial Synod, app' inteil in 1S(12, hionglit in a rej>ort containivg the following revised canon, whiish was adopted :J " No deacon sliall be admitted to the jtriesthood until he shall JjHve served as deacon for two years, nor shall any deacon have au REVrV^AL OF THE DIACONATE. 185 \i' was , »S50, with a ,. \>ctV)rc lu-rc'l in ■ienry of .,,• to tln3 mitatious luiui^tvY una r)0.1 \l was VI'- ., vifNV to rs SO, 4-2, ito Syno<^, „..• :\nion<\- Ihis Synod, ons sluniUl .vdcv, >vi^^' Kivatiou tor ul.l ^'« ^■'''*' ,n, astho\v Xhv orvnnal rlVicioui'V, o!it t^cvvicc ^l„. Tovon^<^ C'.Muniittoc In a report ted :1 until lie sliaU t>iicon luvvc au independent spiritual cliarge, but shall act under the direction of sueh incumbent as lie may be appointed to assist." — Proceedings *>[' I860, pages \1 and 01. [Note. — This canoii was not reported to the House of Bishops for its concurrence. Tlie second part of the report stated that the Com- mittee was " iiut prepared to recommend the employment, as deacon, of persons I'n^'aged in secular callings." It was also "of opiiuon that the pressmg wants of the Church in many localities may be more sau-ly met by ilic emj)loyment of Lay Readers, publicly com- missioned to perform their liiitics, and placed under the direction of an incumbent." A motion to refer this back to the Committee was lost. (I'roceeoings of 180.5, page 01.) In 1871, the subject was brounht before the Toronto Synod by Col. O'Brien, and the follow- ing n-solutions adopted :] 2. That there is a sad want all thfoiioh our Church of means of instruction, even in the iirst rudiments of religious knowledue and trainiiiii;, not <»nly among otir young people, but even more so among those of adnit age. This want is not only a grievous present evil, hut it is also a growing one. Tlie means of religious instruction now in operation do not ki'cp pace with the in<'i'ease of ]>opuIatioii, accompanied as it is by largely increased means of secular teaching, together with a HoiKl of cheap literature often of a most deleterious description. 3. That in the opinion of this Synod, the enlargement of the Diacoiuite, making it a nu>re real and ])ermancnt ordt'r in the (^hur(;h than it is at present, and acce])ting in snch lower and suhordinate station, a cheaper coin'se of education than is now usually reiiuired, offers a means, in some degiee, of meeting the evil. That the measure now gciuvi-ally sa.ic- tioned by our Bishops, aiul adopted in many dioceses, for the enii)loynuMit of the gratuitous services of Laymen, willing to consecrate a portitui of their time to the more immediate service ot the Cliundi, indicates an(»ther source from which nuich valuable assistance may he obtained. 4. That it is advisable lor the permanency and enlarge- ment ot the Order of Deacons, to substitute a sound h^nglish education for that competent knowledge of Latin, invtdviior a College or University course, which is now retjuired botoro admission to Orders. But this substitution shall imt be held to extend to those who nuiv be at the time, or shall afterwards become, candidates for admission to Priest's Orders, 13 186 REVIVAL OF THE DIACONATE. 5. That it shall be imperative on every deacon before ad- mission to Pnc>rV < )r(lors, to declare himself a candidate for the same, and to underi:;i) sncli further examination as may then be re(|uired. And, luiless such candidate shall have already passed through such College course as is now de- manded, lie may, after a lapse of not less than years from passing such examination, and, after having gone throngh such additional course of reading as may be required of him during that time, be presented for admission to Priest's Orders ; but should the candidate have passed through such College course and training, he may be presented for admis- sion to a hi,';'her order, after a lapse of one year from entering the Di aeon ate. 6. That in accordance with the principle pervading the " Form and Manner of Making Deacons," and the '* Form and Manner of Ordering Priests," no deacon shall be placed in the independent cure of sonls, but shall always be asso- ciated with a priest, as his assistant, to whom he shall be subordinate, and to whom he shall apply for the performance of those offices in the ministry forbidden to the deacon. 7. That the outward form for the admissioii of Laymen to read the Scriptures, and otherwise assist in the administrations of the Church as herein contemplated, together with the necessary declaration of obedience, is a matter to be decided by Episcopal authority ; and, for the purpose of obtaining a uniform practice, it is desirable that the same be sulunitted to the House of Bishops. 8. That these Ilesolutions be submitted to the Lower House of the Provincial Synod ; also, that a Memorial founded on (them be presented to the House of IJishops, by his lordship the Bishop of this Oiocese, praying their favourable consi- deration thereof; and that in the meantime his lordship be requested to take such action in the premises as may seem to him desirable. [Note. — A meiuorial, with those ivsolntions, was presented to the Provincial Synod at its meeting in 1871, and a connnitlee was named by the Prolocutor, as re(]aested, to which " all memorials and peti- tions " " on the revival of the Diaconate" were referred, " with in- structions to report at the present meeting of Synod." -.he Com- mittee did not, however, rei)<)rt, and the matter was left over until next Synod. (Proceedings of Provincial Synod for 1871, pages 15, 30, and 37.) .. ;.... , , , . , ,,,-., -.Jr.i' ?j:f;Wr 'U LAY CO-OPERATION AND LAY READERS 187 i ad- e tor may have ^v de- vears i"oiigli f him ricsit s 1 such admis- itering CHAPTER XL. Ill the • 1 orm placed 36 asso- shall he ji-mance u. yuien to st rations A-ith the . (Ic'c-idcd taiuing a uhiuitted rev House uuded on lordshi)) |)lc consi- ]i>Uhii> i>c y seeui to Inted to the 1 wiis named [is and peti- " with in- lic Corn- over until 1 pages 15, !.!< ^£mj (fil0-op^ratiott and ^ajj geatler$. [Note. — As iiitiinatt-d in the precetrnii^ chapter, the subject " of organiziiioj a body of L;iy Ueaders and Catechists" was brouirht be- fore the Toronto Synod in 1S59, by M/. Kinnfston, but nothing was done on tlie subject. In 1801, a comprehensive report was submitted by a committee (of whose previous appointment there appears to be no record in the juinutes) on Lay co-operation, llaving been read and considered, the following resolution was pa.ssed :] * 1. That the re[)ort [on L;iy co-ijperation] bo printed in the EaoLesiastmil Gazette, and be recoiniueiided to tlie ineraberR of the clmrcli in this diocese to be carried out where practi- cable. — Session of 18(J1, }>ageh 295-302. [Note. — In a report on the Diaconate, made by a committee in 1865 to the Proviticial Synod, the (committee state "that they are not prepared to recommend the em[)loyment, as deacons, of persons engaged in secular callings. They are of opinion that the pressing wants of the Church in many localities may be more safely met by the employment of Lay Headers, pnbli(dy commissioned to perform their duties, ami placed under the direction of an incumbent. (Pro- ceedings of Provincial vSynod 1865, page 17.) In his address to the Toronto Synod in 1871, the Bishop thus refers to the subject of Lay I'o-operation : " It is with peculiar satisfaction that we notice the desire expressed by so many of our Lay brethren to be useful to tlie Clergy in con- ducting the services of the Church — as far as iaymen legitimately i-an — in places to which the clergy, unless at long intervals, cannot extend their ministrations. And. it is gratitying to discover that, in view of the emergency of the case, and the benefit it ensures of a better observance of the Lord's day, and a fitter recollection of its peculiar duties, such services are usually well received. T have felt it a duty, as well as a pleasure, to encourage such lay ministrations iri every t' Ven. solution witli a is very aployed ; recom- a parish d direc- that lie ^arisU or liocese m and nod was iinied by ynod, on ial Synod more was 50 and 37.] V; :V'> . ■,...1 .. .i)ii' i-r ol candi- jce Clerical An brought subject was 1. That the h)r(l Bishop of tlie Dioeosc he respectfully re- quested to appoint a committee, who sliall re])<>rt at the next meeting of tlie Synod, a plan for securing, witli tlic Divine blessing, an increase in tlie nnniber of candidates for the sacred ministry in this diocese. — Session, at Kingston, rinto(l ; and that a committee be re-appoint(!d | with aihlitions] to take such further ste[>s thei'con, in pni'snancc <>f the ol»je('t of the report, as thev imiy deem expedient. — Sessiiui »d' isr>l>, page 96. [Note. — The conuuittee hroiiglit in :iri amended report in 1H«)0, (pages 194-1 9S,) when tlie following- resolution was passed :) 3. That the report |on the increase (»f Divinity Students In Trinity C(dlege| and additions tliei-eto, l)e adopted. — Session of ISa), page 199. . . [NoTF. — In the t.isliop's .-iddress to the Svnod in I HO") he n^ferred to the inadequate sn])pi>rt ot' the (derjix , and tlu; failure in many cases to "remeniher the solemn stipulation into which | the penp|e,| have entered * * -^ to afford a e(>rtain sup[»ort to their clergy- man," and remarked: as a " residt of IJiis unhapi>y carelessness, young men cannot he allured into the service of tln^ Church ; tliev will seek out other employments that promise thein a decent living; and whi.e other professions will he ahi.ndantly filled i>y the talent and enterprise of the land, the Church of (Jod — tlie purchase of the U<- deemcr's blood — will bo without its ministeriiiir servants." — (Session of 1805, pages 10 and iT.) In his first address to the Synod in 1867, the present Bishop refei-red to the same subject, urging the eftbrt to be made to " su]>ply every (clergyman * * *' with an income of £250 per anmnn and a free residence * '^•' "^' in this there would be en(M)uraii^ement to our pious and case Thev wouhl talented youth to entj-ajxe in the duties of the ministrv. no longer be deterred, by motives of wocldiv }»rudence, from adopt- ing a profession to which their tastes and inctlinations liave U»ng per- haps been urging them." — (Session of 1807, page '21.) In his address in 1870 the liishop anaiu referred to the subject, an(i to the smallness of the stipend of the clergy, " whicli in these expensive times is utterly insufficient to insure to a clero-vman with a fumilv the 190 TKINITY COr.T.KGE FNTVERSITY. ordinary comforts of life." This, lie said, would " have the effect of deterriiifr the choicest and most lifted of our youth from seeking tho rnuiistry as a profession ; for though wo may still gain many a good and earnest and useful man, we shall lo^se more who, with social posi- tion and the inftuencc it brings, with hriuht talents, and an undoubted love for souls, would be a ii^asure and a blessing to the Church." — (Session of 1S70, page 20.) 'J'he subject is iiirtlier referred to in the next chapter under the the head of " Divinity Students' FunKi."J til CHAPTER XLII. ' " Let the good angel ol' the Loid preside over all our educational institu- tions, with the Bible in his right hand, and the vokirae of human knowledge in his left." — Venerable Bixho^> Strachans Charge^ 185G, page 23. i ••:../(» [Note. — The late venerable Bisliop Strachan's name has always been associated with the promotion of university and general education in Upper Canada. He was selected in 1799 as principal, or head of the then projected university, or college. On the failure to establish the college, the late Bisliop was, in 18UU, appointed piivatc tutor in Hon. Mr. Cartwright's family at Kingston. After his ordination and ap- pointment to Cornwall in ISO;?, he opened a school there, which was highly successful. In ISOT, he received from St. Andi'ew's Univer- sity the degree of LL.I)., and from the Aberdeen University that of D.i). In 18-J7 a Royal Charter was issued for the proposed King's College, and under it llev. Dr. Strachan was a[tpoiiited President; but as the charter was unacceptable to large numbers in the Province, a proposition was made to the college council by the Iin}>erial Govern- ment in 1822 to surrender the charter. This the council refused to do, and a lengthened discussion took place on the subject. In the meantinu', steps were taken by the Bishop (soon after his c(jnsecr;ition) to establish a theological college at Col loui'g. A plan for the proposed college was submitted to the Bishop in (Jctober, 1841, by his chap- lains: Rev. Dr. (now Bishop) Bethune, Rev. H. J. Crasett, M.A., and Rev. U. Scadding, M.A. In November the college was established, and Rev. Dr. Bethune appointed Professor of Divinity. In January, 1842, the college was opened and seven students enrolled. At the following October term the number had increased to seventeen. The charter of King's College was modilied in 18:50-37, but owing to the rebellion of 1837 nothing was done until 1842, when the corner stone of the College was laid by the Bishop. In 1843 the College was opened, and Rev. Dr. Beaven was appointed Professor of Divinity. TRINITY COLLEGE rNIVEESITY. 191 Farther objections luivinnr been urged against King's College as then constitute*!, it was, in 1850, change*! into tlie present University of Toronto and University College. This change was unacceptable to the Bishop; and in liic same year (1850) lie took vigorous steps to establish a jjurcly (Jhurch of England University at Toronto. In April, thert'tbre, he left for Knglaiid, and returned in Xovember. While there he was successtul in obtaininjja larj;'' uni.of monev from the veneral)le societies, Oxford University, and private parties. The act of incorporation and a royal (diarter were also subsequently obtained by the Bishop. In 1851, the corner stone of the new University of Trinity College was laid by the Bishop; and in 1352 the College, with Rev. I'rovost Whitaker at itshead, was opened. Sixteen divinity students were in that year transfeired to the new University from the Theological College, at Cobourg, (which was then closed). In 1852, the V'^en. Archileacon (now Bishop) Bethune raised further subscri|)tions in Kngland for the University. In 1852, ':{, Rev. Dr. McMurray obtained ^10,000 in nu^ney and books in the United States for it; while Rev. Dr. (now Archdeacon) Fuller, and liev. Rural Dean Givens .vere successful in collecting subscriptions in the eastern and western sections of this Province. In 1853, \)v. Burnside, of Toronto, bc(pieathed !^24,000 to tlie College. In 1804, Rev. Dr. McMiirrav ol)tained ^20,000 in Enj'land, and beiny; unable to finish the work, Rev. W. S. Darling compl"ted it, and obtained $2,526 more. In 1805, Hon. James Cordon, of Toronto, bequeathed $2,000 to the College, and, in 1800, E. Turner, Esq., of Toiouto, lett $8,000 to it. The total sum subscribed, or otherwise obtained, in England, the United States and Canada, for the new university, was nearly $800,000.] [NoTE.^-In Ids charge, delivered to the clergy and laity on the assembling of the first .>ynod in 1851, the late Bishop thus referred to the steps which had led to the establishment of Trinity College: " You are aware that our tJieological seminary at sil>lo for them, great as the sacritlce was, to hold coiincctiDn with :iii institution mow essen- tially anti-(Jhristian, though originally boiuiiig the revered name of the sovereign of the Empire, and t'Xpr('^^;ly cstahlislied for religious purposes. They determined, thert-tore, lo use their utmost efforts to establish a Universyty in direct communication with the Church from their private me«>v.4, and whicli should recognize the principles of (vhristianity as tlie Iwisis of education. The appeal was first made to the clerical and lay members of the Chnrcli of the Diocese, which was nobly answered, by contributions in land and money aniounting to the value of more than one Iju.idred thousand dollars. Encouraged by this generous liberality, which proved that the Church was wliolly with me, I proceeded to England and renewed n)y appeal to our brethren, the members of the Mother Churcii ; and they ai)plauding the object and confiding in the faith and sincerity of our supporters here, gave largely of their bounty, the two great Church Societies and the University of Oxf(»rd taking the lead in this work of Christian love. Since my return to the J)iocese, a temporary College Council has been organized, a site lias been purchased for the College, which is to be called Trinity College, and ("ontracts entered into for the erection of the buildings. The institution is intended tor the wliolc diocese; and in case of division, it is proposed to give the new Bishop or JJishops the same authority and interest in its proceedings as the Bishop of Toronto." — Charge of 1S51, i)ages 7— «».] [NoTK. — In the Declaration of the Ilishops of llritish North America, niad(J in 1861, the following passages occur:] 1. Altlioiijj^li we consider it «d' ^rcat iiuporfniico tiiat each liislioi) should connect with his Diitccsc! sonic ciyllc'c or like ihstitiition lor the special tniinini^ and |>rcj)aiation ot* young riien for the ministry of the C]inr(;li ; wc believe tlnit one University for the Nortli American Ti^tviiKres, witli founda- tions foi- each Diocese, on tlie model of tlie two orcat I'niver. sities, will be reqnired to conqdete an edncational system, as well for hiy students in every department of litei-atnre and science, as for tiic students in theology and candidates for the sacred ministry. 2. In addition to the general stndies pnrsued in the college or university, we deem it liigldy desirable that candidates tor the ministry should iipply themselves, under competent direc- tion, to a systematic course of reading in thecdogy for at least one whole year, or longer if possil)le, previous to their taking lio'.y orders; and that they should likewise be instructed in the duties of the pastoral office, in correct reading and deliver- ing ol sermons, iu churcli music, architectm-e, tiic. TRINITY COLLEGE FNIVERSITV'. 193 enac a.H >wnient rreat as r cssen- lamc of ■eligious ;tforts to rch from jiplcs of made to 3, which iiounthig (onraged IS wholly il to our iplaiidhig iipporters ietics and Christian e Council (vc, which » '. , ,o tor the the whole i.\v Bishop iiofs as the isli North lilt eacli > or like ,.t' young tli:>t, one foiiiula- t Uuiver. ystem, as iture and es for the ic college lidates tor mi direc- |»r at least iir taking Iructed iu Id deliver- [NoTE. — The first reference to Trinity College in the proceedings of the Synod occurs in 1858, when a vote of thanks was unanimously passed lo the churchmen of the United States, for their numitirent contribution (at the solicitation of the Rev. Rural Dean Mt'Miiiniy). In 1859, Trinity College is referred to in a report on tlie increase of divinity students — (l*age 43.) In 1860, it is suggested, in ;i report on the same subject, that "n-arried men residing out ot eollege," be allowed to hold exhibitions in the university.- -(J^age 11>S.) In ISCtl, several objections having been made, chiefly by the the Risliop of Huron, to the nature of the instructions given to the divinity classes in Trinity College, the Bishop of Toronto delivered u s|>ecial aiblress to the Synod on the subject, at the meeting in .June.--(l*ages "JMT — 260.) A discussion liaving arisen on the subje(!t, the following resolution was proposed: (See below.) To this ivsohition two aniend- ments were male, viz.: (1.) "That inasmuch as the luoti i (jno posed below), if persevered in, would have the ctfe(;t of exhiltiting to the world a divided Synod, it is inexpedient to entertain it." (:.'.) "That the Synod desires to express its deep sympathy with our venerable Bishop in his late trials and difficulties, in consequence of the differences in regard to Trinity College, and its sincere hope that those difficulties may be happily removed by the increased useful- ness and efficiency ottiie institution." This amendment was rejected by a vote of 82 (lifry-three clergy and twenty-nine parishes) to 27 (fourteen clergy and thirteen parishes) ; and a resolution carried l>y a vote of 84 (fifty-four clergy and thirty parishes) to 24 (fourteen clergy and ten parishes), as follows :J 3. Tliat this Synod desires to express its deep s>ni])atliy witli our venerable Bisliop in his late trials and difficulties, in consequence ot the imputations cast uim)u the teacliiugs of Trinity College, and with the Rev. Provost, as the cX|)oncnt of that teaching, and deehires its continued contidence in the college and its administration. — Session of 18(»1, pages 285, 286.' [Note. — A motion was subsequently proposed on the atnendmeiit of the Toronto University Act, but it was withdrawn, and the follow- ing resolutions adopted :] 2. That a petition be presented to the Legislatui-e at its next session, praying for aid to Trinity C(dlege, tor tlui specific purpose of completing its buildings and further ox- tending its usefulness. — Session of 1861, page 295, 3. That a committee be appointed to watch the course; of legislation with reference to university education, and to en- deavour, under the direction of the lord Bishoji, and by conference either with tlie membei'8 ot the Legislature or with the Government, or with any other bodies appointed by the 194 TRINITY COLLEGE UNIVERSITY. i'teii il ';:''ilj Government, so to fjiiide Jind mould siid) lofjislntion ns to make it coiiBiHtent Avitli tho interests of tlie (.'Imrcli. jiiid the improvement of i)rovinci}d university education. — Jhitl. [Note. — In 1802, this (•oinniittee presented an clahorMtc repott on the subject of university education in L'pper Canada (pnu't's 2:i-21) of minutes). VV'lien the report was proposed fo, arobablc litness to enter the Divinity Class at the ex})iration of their first year; and they shall forfeit their Exhibitions if they fail to satisty the Exa- miners of their ac^tual titness in the ensuing June examination. 7. Every Exhibitioner shall be required, at Matriculation, or on entering the Divinity Class, to subscribe a declaration of his pur[)ose of completing his course of study, and of serving in the Di<.>cese of Toronto for not less than live yeai-s. 8. No Exhibition shall be continued for more than three years, the tir>t of which shall be passed in the Arts coul^se, and the last two in tiic Divinity course. 9. If au}' Exliil>itis as ma^* seem to them ex})edient for the cs tablishment of such school : Rev. Provost Whitaker, llev//?V'/o election Collejjjc, Dioee^^c. lt(> fom- le above lucnioriivl V \v!is read V vefevrocl omorial Uc the Oi)vpo- Tlie rt'poi't 1 Society 1 at the last n of lST-2, ,0.1: Tlun :i „t t'ovthwitli a.uio-hters »'i" to consider 1 Scbo.>l for us lordsliir- t for the c>- aker, Ucvds. ^r), Trofesnor id,\K Ueorge ic 51. [Note. — Xo report was presented on the subject in 1R66, hut the saini' coniniittoi- w.is reappointed. No report was, however, presented in 1x61, ISHS or ISJiO, nor was the Committee reappointed ; but in his address in 1801>, tiie Bishop referred to the success of the liishop Strachan Scht>o|, wliich, in the meantime, liad been established by private enterprise, and commended it to the support of the Synod (paijes 20, 21). In response to this part of the Bishop's address, the tollowiii<4 resohitiun was passed :] 2. Tliat the Executive Committee be recjuc^sted to deb'berate and atjjree u}>on such measures as will in their opinion tend to secure f«M' the ]>isiio() Strachan School the united sui>])ort of thi-; Syni»d and «>f the Diocese; and if, after the Ccuiimittee lia-^ airrcjid upt'ii >i;'di measures, the (^^ouncil of the ^cluxd ai;rees t<» uicept tlie.ii, this Synod hereby authorizes the Ctuii- niittec r<» adopt the same, and carry them out as far as they may l>e indispensably necessary, until the next session of the Svnod. — Session of 1800, pauje T5. [NoTK. — In 1870 the liishup au:ain referred to the Schoul in his address, and urgi'd that the <[Uestion be again referred to the Synod (as n<» satisfactory result had thus far attended the deliberations of the Committee), witli a view to obtain from it a basis of procedure which iuii^ht Iv.id to mutual confidence and combined action (|>a<;e 25). The report of tlie Executive Conuuittee on the subject was laid before the .Syn<^Ml (pa;j;e 4:i); and on a motion that the report (pa<;c 102) be a'iojtted. it was m- ved in amendment: "That whereas it is expedient to place tile Bishop Strachan School under the direct uianauciiK^it of the Synod, in order to its more jjjeneral support by the I/aity of the Church. It is resolveil, that on the passaoe of an Act of the bejiis- latnve for the tran^ifer of the ;y and eii;ht laity, to constitute the ijov. rning bo;reo^ation." — Primary ("Charge, 1811, page 25. In his next charge, delivered in 1844, the Bishop, in refcrrino; to the importance of employing a travellino- missionary, speaks of its being "in his power, as the settlements advance in population, to establish Sunday Schools." He also speaks of a travolliuo- missionary staAuno- a month or six weeks in a pla 'c, among other thinn-s, that "the num- ber of children" may b^- "ascertained, and a Sunday School set on foot" (page 18). Also, in spcakinor of the biudin-v duty of pastoral visitation, and the personal intiuence acquired by a clcrajyman who faithfully performs this duty, he says, " The establishment of Sunday Schools can be easily effected when such an mtluence has been won, and if properly conducted under adult teachers imbued with faith, and well acquainteil with our distinctive principles, such schools become fruitful nui series of the Churcli, and extend the knowledy-e of her excellence beyond our own people." Further he says : " We oucjht to have a Sunday School at every one of our stations : its establishment and success is of the utmost importance to the well- being and extension of our Church; for the seliolars thus cared for, .when they become men and women, will seldom fail to become zealous members of our congregations. — Charge of 1844, pages 18, 38, 39.] [Note. — In the Declaration of the Bishops of British North America, made in 1851, they say] SUNDAY SCHOOLS OP THE DIOCESE. 199 (see S) be isliip 5 and such ich a yliicli )ol in ool ot he late Sunday lu'lp, in , to be aa;e 25. nr to the ,s beintr stablish staying ho nuni- set on pastoral an who Sunday en won, h faith, schools owlcdn'e "We ons: its 10 well- arcd for, become ages 18, Lh North 1. We desire to express onr sense of the importance, in the existiiij; state of tho ( ■hurcli, ot Sunday Scliools, espc^'ialiy iu large towns, and we tliaidvfully acknowlediie the henetits which have resultc want ot s," in its [id that a Schools, — /6W, or united liieiicy of p\iri)Ose, ; to t^^^* y Schools tions for ^esjsiou ot >ev. Canon vhat steps )r libraries 5. That it be the duty of every incumbent of each parish or mission within the Diocese to furnish the Secretary of the Synod, at the opening of the business of the Synod, with ^ parochial report, giving [among other things specitied] the num- ber of schools, the number of teachei-s (male and female), the number of male children on the roll, number of female children, the average attendance since last report, etc. — Jbid^ page 42. ' ' [Note. — In 1863, the committee on Sunday Schools reported at length on the subject. Among other things they made the following recommendations, which were adopted : Sunday School Libraries. — * * * I » the selection of books for Sunday School libraries, very great benetit would arise from having selections carefully made, adapted to the circumstances of our own country, and published in the province. * * * Bookie of Instruction. — Suitable books of instruction are essential to the success of Sunday Scliools. * * * Somethmg can be done to meet a want that those engaged in Sunday School teaching in this country feel, by preparing new books for the purpose, or by adatpting to our use books published elsewhere, thus promotmg a more thorougii course of instruction, as well as giving a more extensive range to tue subject of Sunday School teaching. * * * Lay Superintendents. — Each school should be in charge of a lay superintendent, with a sufficient number of devoted and pious teachers to help him. It is very desirable, when possible, that the clergyman should have a general and ever vigilant oversight of the school, but the details of management, the order and discipline of the schools, rest with the lay supeiintendent, who should be appointed b), and responsible to, the clergyman ; thus lay -agency would be worked, and lay co-operation secured. * * * In addition to the ordinary routine of the school, the clergyman should set apart apecitic periods for catechetical instruction, given by himself in the school, and at stated periods to preach a sermon specially addressed to Sunday School scholars. — Session of 1863, pages 13, 19. J [Note. — In the same year (1863) the following resolution was passed :] 5. That blank forms of report on Sunday Schools be printed on a separate form, and forwarded to the clergy of each parish, to be tilled up and returned. — Ibid, page 16. [Note. — In 1864 the report of the previous year was again presented and adopted (pages 16 and 20), when the following resolution was passed.] 6 That the tabular forms for Sunday Schools, should be circulated after having received the sanction ot the Bishop. — Session of 1864, page 30. . • , , . ^ '■«*rT""«' 202 8TTNDAT SCHOOLS OF THE DIOCESE. [Note. — In 1865, the Committee presented a report on Sunday Schools (page 28, 30) and the Committee also was re-appointed (page 66.) In 1866, 1867 and 1868 no report was presented, but the Committee was re-appointed each year. In 1869 no report was presented, but a standing Committee under the new Constitution was appointed (page 52, 66.) In 1870, the Constitution was revised, so far as related to Sunday Schools, as follows :] 7. The Sunday School and Book and Tract Committee shall consist of live Clergymen and five Laymen, members of the Synod, whose duty it shall be to obtain statistics, and to present a Report annually to the Synod on the condition and progress of Sunday Sciiools througnout the Diocese, to make suggestions for their improvement as they shall judge expe- dient, and to consider what steps can from time to time be taken to secure tLe publication of books suited for libraries and for instruction in Sunday Schools, &c. Session of 1870, page 97. I Note. — In the same year, (1870) a report was presented ( page 190, 191) and adopted (page 74). From this report we make the following extract, giving reasons for certain important changes : " It is a matter of regret that little information has been furnished on the present condition and management of our Sunday Schools. The value of improvements in discipline and instruction which may be adopted in particular schools is lost to others. It is therefore the more necessary that some scheme should be adopted by which earnest, active workers should have an opportunity of giving each other the beno/it of their experience, and of discussing improved matters of Sunday School organization which have been adopted in the mother country or elsewhere, and of thus rendering individual progress bencfici?il to the whole. From these considerations, and with a hope of awakening a more genoral interest and correspondence on the subjict, the Cor^mittee recommend the establishment of a Church Sunday School Convejition for the Diocese of Toronto. This Convention should meet annually (or oftener if desired) at some central and convenient place — that all clergymen, superintendents, and other friends of Sunday Schools should be hivited to attend — that, in order to fccnre a general representation, each congregation where a Sunday School is established in the Diocese should be requested to send one or more delegates chosen by the superintendent and teachers of the Sunday School — that members of Convention should bring with them all the information they could collect on the management and wants of Sunday Schools — and that, at the meeting of the Convention, papers should be read, and addresses delivered bearing on the subject. * * The Council therefore recommend that the authority of the Synod be given for the summoning of such Convention. — Session of 1870, page 190. This report was adopted, SUNDAY SCHOOLS OF THE DIOCESE. 203 Sunday jpointed , but the )ort was tion was vised, so mmittee ibers of 5, and to tion and to make yQ ex])e- time be libraries of 1870, ted ( page make the changes : rnished on ools. The h may be refore the by which ving each improved adopted in individual tions, and spondenco ment of a iito. This ) at some intendonts, attend — ngvegation should be rintendent Convention ect on the le meeting delivered mend that ig of such adopted, (page 64) and the authority to hold the Convention granted. From the report of the Committee laid before the Synod in 1871 and adopted, (page 138) we make the following extract: — ** Tlie project thus approved by the Synod was carried out during the year with a large nieapure o( success, A Diocesan Sunday Scliool Association was formed, and a Constitution adopted and approved by the Bishop. The Convention vas duly held, and was aitendcd by about one Imndred Clergy and fifty Lay-delogates. The programme was suc- cessfully carried out. The following synopsis of results was drawn up by the Committee at the close of the meeting, and may be re- garded as embodying the general feeling of the Convention on the several topics, as elicited by the discussions. 1. — Relation of Sunday Schools to the Church, and the Duty of the Church to the Sunday School. — This Convention, considering the insufficiency jf clerical ministries, and the too general neglect of parental teaching, regards the Sunday School as an indispensable in- strumentality of the Church System, and that the teachers, super- intendents, and other officers, as auxiliaries to the Clergy in the training of the lambs of the flock, should be in their exclusive selection and appointment. //. — Duties and Responsibilities of Teachers, and the Disciplint of Scholars. It is the conviction of this Convention that teachers of Sunday Schools should be persons of sincere piety, studious, and persevering ; while the children are to be governed and managed in a spirit of patience and love. ///. — Duties 0/ Parents to the Sunday Schoolflnd the Relation of Sunday School to Parents. (1) Sunday Schools do not exonerate parents and spo.isors from the discharge of the solemn duty of instructing the children entrusted by God to their charge, in the sacred truths of the Gospel ; but that the Sunday School is to be regarded as an integral part of the Church's work, in that the teachers are the assistants of the I'arish Clergymen, appointed by him, and acting in closest concert with iiim. (2) Parents are bound to take an active and personal interest in the teaching of the Sunday School, not only in seeing what lessons their children learn, but also in being present, when possible, at the public catechizing by the Clergyman. (3) It is the duty of the parents to provide, by liberality in contributions for the purpose, the necessary books, &c., of instruct- ion ; that these contributions should not be made through the children, but that all offerings made by the children should be devoted to the Missionary and other objects of the Church. (4) It is also the duty of the congregation to provide the means of enabling the children to meet in some suitable place which will be at once cheerful and pleasant, that the children may thus be induced, not only to attend themselves, but also to bring in others with them. IV. — Illustrative Teaching. The system of object teaching, and of black-board teaching, may, in the hands of a judicious teacher. 204 SUNDAY 80HOOL9 OF THE DIOCESE. prove u most valuable auxiliary in Sunday School instruction, and may bo most profitably employed for a short time at the conclusion of che ordinary lessons. V. — Management and Instruction of Infant Cln.tses and their Accommodation, The establishment of separate infant classes, for the very youn^ pupils in eai^h Sunday School, and for whom a special system of instruction in needed, should l>e regarded as an important objeet, to be attained. For such a class a separate room sliould be provided, fitted with picture cards, texts, and decorations, well lighted, and of cheerful aspect, (ireatcare must be exercised in the selection of the teacher of this class, who requiies p(!culiar qualities and abilities, and a real love for the work and for children. Black-board and object teaching should form an important feature in the work, and special attention should be bestowed on the singing and the other devotions, which should occupy much of the time of the class. VI. — Catechizing, and the extent to ivhich it should be used (1) The practice of catechizing in the public coiigrogatiun by the Clergyman of the parish, may, with advantage, lie reviveiantitt/ of the Music and Singing to he desired in Sanda;/ Srhools, and the opening and closing Prayers. In the selection or preparation of forms of prayer or praise for Sunday School services, regard should be carefully had to the character of the services of the CUiurch in which tho children are being trained to worship. On this principh;, we should use such forms of prayer as are either responsive, or cast in the form of short collects ; while, in praise, it is desirable to chant the cAiiticles or the Psalms of David, and to sing hymns which are specially suited for children, as well as those which are used in our Churches. [The Committee's suggestions were as follows : Local Associitio/is. The subject of Sunday Schools should frequently form the topic for discussion in ruridecanal meetings, and where found practicable, local associations of clergy and teachers should be formed to promote the Sunday School work in the several rural deaneries. The Support of Stinday Schools. The Committee * * * record theirsense of the necessity for recognizing the principle that the money recpiired for the efficient maintenance and a(,'commodation of the Sunday Schools should be furnished by the congregations to which they are attache*], and that the money contributed by the children and teachers should be devoted to the missionary or other work of the Church. Uniform Lesaon Scheme. Every school will accoraplisli its work with more satisfactory results, if its teaching is conducted according to a scheme previously arranged for the year. This is done in some schools. * * * It is a matter of considerable importance to induce the schools to adopt a uniform scheme of lessons, so that the entire Diocese should, on the Sunday, take the same subject of instruction in the Sunday Schools, as we use the same Psalms and collects in our Church service. The children should have their separate lessons according to their capacity and attainments, but there may be a uniform scripture subject, and to a great extent uniform subjects for catechetical lessons, * * * if! '•il»W»n^ 206 s'j:tdat schools of the diockse. Monthly Catechising. The class or Hcriptnrc lesson may be omitted or shortened once a month in ordin- that the clergymen may itike twenty miimtes for the piiipose of catcchisininr the whole school. Short Address each Simdaii. It would add much to the value of lessons, where uniform lessons are i^iven throughout the school, if the clergynuin or superintendent would give them a practical application at the (?lose of each Sunday's work in a very short acklress. Liturffij and Hymns. The prayers used in the schools should be chiefly of the responsive character, both as being adapted to retain the attention of the children, and to accustom them to that feature of our church service. The "Order of Prayers for the use of Sunday Schools," authorized by the Bishop and published by Mr. Rowsell, is well adapted to that purpose. There should be at least three liymns or chants sung during the school session : one at the opening, another in the middle, at change of lesson, and one at the close. Register Books. The following are recommended : 1. The Teacher's Roll Book. 2. General Class Book. 3, Sunday School Register. 4. Sunday School Minute Book. Management of a Sunday School Library. The Committee suggest the following plan, wliicdi is found by actual experience as one of the best: There should be a printed catalogue in pamphlet form. Each volume is numbered, and has a separate compartment in the library numbered to correspond. Each scholar is provided with a catalogue and two library cards. Card No 1, has the name of the scholar, number of (dass and name of teacher, and when handed in by the scholar occupies the compartment in the library from what the book given to him was taken. Card No. 2, has name of the scholar, number of class and name of teacher, with spaces left for numbers of books required for a year or shorter period. Card No. 2 always accompanies tlie book in possession of the scholar. Exchanging books is thus managed : — Each scholar gives in at the time appointed his book, with Card No. 2. During the School session, the librarian sorts the books by classes, scoiing out the number of the book given out on Card No. 2. Immediately before closing the school, the librarian leaves the books for each class with the teacher, who distributes them to the scholars. — Session of 1871, p. 141. [Note — The regulations adopted by the Committee, under which books are given to Sunday Schools, are as follows : — i. A first free grant of Bibles, Testaments, Prayer Books, Cate- chisms and Library Books, from the Christian Knowledge Society Catalogues and other books circulated by the Committee since it was constituted, to the value of from 1*2 to |6 (at the discretion of the Committee), will be made to every newly-established Sunday school in any parish or mission in the Diocese. IL A second free grant from the same lists, but not exceeding $4 in value, will be made to Sunday Schools in new or poor neighborhoods, at the discretion of the Committee. .i. OHTTBOH OF ENGLAND BBPARATB B0H00L8. 207 ly be I may ^hool. luc of if the cation aid be retain ture of lunday owsell, mnsor >ther in acher'ft egister. nmittec lence as amphlet nient in led with name of I handed )m what of the left for ■d No. 2 [n at the School lout the before ith the p. 141. ;r which |s, Cate- Society le it was of the school \g 14 in khoods, iii. Other subsequent grants will be made, not oftener than once a year, fronoi the same lists to any such Sunday School, to the value of double the amount, in books, of any sum not exceeding ten dollars, which may be sent on behalf of such school for Bibles, Testaments, Prayer Books, and Library Books. iv. In all cases it will be necessary, before aid can be granted to any Sunday School under these regulations, for the party applying on behalf of such school to fill up and transmit to the Synod Office a blank form, to be furnished by it, (nmtaining, among other things, the following information : (1.) The name of the school, parish, or mission; the name of the superintendent of the school, and the number of teachers, male and female, engaged therein. ^2.) The number of pupils enrolled in the schools, of boys and girls, and the average attendance of both kiids of pupils each Sunday. (3.) The amount which the school or congregation has contributed during the preceding twelve months towards the expenses of the school, and in what way such sum has been raised. (4.) The number and kind of Bibles, Testaments, Prayer Books, Catechisms, or Library Books which may be required in the school. (5.) The time when the school was established, and whether it was before aided by the Committee. V. No grant shall be made to any Sunday School which is not in actual operation at the time of making the application on its behalf. vi. These regulations being general in their character, may in special cases, be varied at the discretion of the Committee. — Session of 1871, page 147. CHAPTER XLV. (HJIturrlt 0f (ftnqlmd ^mt^tt S^ihM^, [Note. — In the primary charge of the late Bishop Strachan delivered in 1841, he thus stated his objections to a "bill for the establishment of Common Schools," which had been submitted to the Legislature in that year, " which, in its provisions [he said], seems studiously to avoid all reference to religion, and by which the Clergy are virtually excluded from any control over the education of the children of their congregations, while it invites ministers of various denominations to participate in their management and direction, and thus to sanction a system destructive to all principle." The Bishop petitioned against this measure and made the following proposition to the Legislature : *' that the education of the children of our own Church should be entrusted to their lawful pastors, subject only to such regulations as may ensure uniformity in the secular branches of 208 OHUBOH OF ENOLAND BEPARATE 80HOOLS. Htudy ; and that ati Hiimial i;raiit from the jvsscssments riiirtcd, propor- tioned to the number of childiiMi ascertained to belonir to our com- iniinion, he awarded for their instruction "--(.'liari^j! of IH41, pa/jje 27. (NoTK.--TheBisliop,in Ids next ('hariro, deUvered in 1844, thus refers to the proposition whicii he had matle to the Legislature: " With this reasonable request thcue was a disposition to comply, as appears from the eleventh section ; but the Act wsis found contradictory and im- |>racticable * * * j petitioned again when the new School Act of 1843 J was under consideration, praying that the sum appropriated )y the Legislature tor the use of (;ommon scdiools might be divided among the recognized denominations of Christians, in proportion to their rospoctivo nuud)ers, or in proportion to the funds raised by each or from a combination of both. * * * No notice was taken of this appUcation : the former law of 1841 was droj)ped, and a new satute enacted, in which, Miroughout all its 71 clauses, there is no reference to Christianity. The oidy notice of religion is in the 54th clause, which enacts that no child shall be required to read or study in any exercise of devotion or religion which shall be objected to by his parents or guardians ; and in the 55th clause, where it provides that separate schools may be established for the Protestants and Roman Catholics in any locality, thus confoujiding the Church oC England with the myriads of Protestant denominations, and depriving her of any benefit which she might derive from this enactment, while such benefit remains to the Roman Catholic." — Charge of 1844, pages 39, 40. [Note. — The Bishop did not refer to the subject in his next charge, delivered in 1847, but in that of 1851 lie said: "Schools are established throughout the Province * * * but, not being based on a recogiution of the Scriptures, cannot possess God's blessing. It is, however, but justice to say that the Normal School, since its first establishment [in 1847] has been conducted with ability and success; and where it has failed, it has not been the fault of the teachers, but of the principle on which it rests. It may further be remarked, that the Chief Superintendent has been diligent in his oflice, and seems to have done all the law permitted to intioduce something of religious feeling and knowledge, by adopting the books made use of by the Irish Board of Pklucation. So far, therefore, he deserves commenda- tion ; and indeed what is wanting in the system is not to be attributed to him." * * * "We must petition the Legislature for separate schools. In the meantime, it will be our duty to establish a Church school at every church or station, and also a Sunday School, both of which to be under the care of the resident clergymen, whose duty it will be to see that the instruction is on the Church system, upon which she speaks most decidedly. Whenever she treats of education, she means catechizing as the principal part. This she takes as her standard, from the practice of the primitive Churches. (Charge of 1851, pages 41, 42.) At the first meeting of the Synod in the same year (1861) the following resolution was passed :] . i.-^ , .«• j • OHTTROH OF ENOLAJ^D SEPARATE SCHOOLS. 209 [)por- com- fe27. vetcre li this , tVoin lI ira- A Act riated ividcd lOU to yr esvch ken of a new ! is no e 54th r study . to by ivovides iit« and inrcli oi" Ljpiiving it, while 4, pjigcs his next Schools i)t being [blessing, its first success ; ers, but ed, that d seems religious by the nmenda- tributed separate Church both of duty it ni, upon ucation, s as her harge of he same 1. Tfiat thJR mootin«jj dosiros to e.\|»rcfis its soiiso ot the paramount duty (>t'(!()rmoutini; reli«;ion with sec'ularediujation; and, in order to «riirry out this ol)H«ration, thoy riation is practicable and desired; and that the committee aforesaid be eini^owered to draft the same. — Session of l'^51, i»aj:;e 12. [\(>TE. — In tho Declaration of tho IJ. N. Amerifan iiishops agrcod to in October, 1851, the following passages occur:] 2. Whereas systems of education are very •jenorally intro- duced and supported in these Colonies, either (1) cxcludinj^ relif^ious education alto<]jether from the schools, or (2) recog- nizing uo distinction between Roman Catholics jjid Protes- tants; whereby no op])ortunity is afforded us of bringing up the children of our communion in the 8i»ecial «l«»ctrines and duties of our faith, to the manifest depravation of their religious principles, and with crying injustice to the Churcli of England, we desire to express our decided convictions — 1. That all edu- cation for the members of our Church should be distinctly based on the revealed religion of the Old and New Testaments, with speci;il reference to their duties a»ul privileges as by baptism regenerate, and made Cod's chihlrcn by aatiiolics, and other religious bodies, as they ma3're([uire it, and accord- ing to their numbers respectively, for the education of the members of their own communion. [Note. — In his charge delivered at the next session of the Synod, in 1853, the Bishop strongly denounced the separate school legis- lation of that year, and said : " On reading the school laws of this Province we arc struck with two things: first, their slavish imitation of the educational policv of our neighbours ; second, their complete negation of everything like Christianity, while, with incredible assur- ance, they pretend to be based on religion. * * * In a mere secular point of view, we readily admit that much has been done in Upper Canada to promote what is vulgarly called education, and we are willing to believe that many of those emj)loyed in carrying out the laws act under the delusion that they are favourable to religion. We are also disposed to admit that, so far as the Normal School is 210 CHTBCH OF ENGLAND SEPAHATE SCHOOLS. concerned, there is much in it to approve !is a nnrscry for teachers ; because it does not altojrethor ijjnoro reliction, as tlio common schools virtually do,'' •»t'*. — i^'harirc of 1853, j)ji«jjo 11). At that s('ssion of the Synod the folIoHrinso)ution on tiici subject w.::^ p.'i**Red :] 3. That a jH»titioii, tiubstantiall,/ tlie same as tliat formerly adopted [/. «'., at the last incetiiijj^, in 1851] be presented to the Provincial F^eijislatnre on the subject of common school education. — Session of 1853, pages 11, 14, 16. [\oTK. — In his address before the Synod in 1854, the Bishop, in speaking of thf f-iur subjects rctjuiriiitj attention, asked iis the third, " What further steps <-iu the Synod adopt towards obtaininp; separate schools ?" 1u reply, the Synod passed the following resolution :] 4. That the lord Bishop, Jis chairman of this Synod, be re- spectfully rc«|ue»ted to nominate or apj>oint the committee to take into consideration * * the (piestion of a separate school bill, as siiorgested in his lordship's opening address. — Session td' 1854, pages 9 and 17. [Note. — Tlie c«»mraittee was appointed, and drafted a petition to the Legislature on the subject, which was adopted (pages 28, 29). \n his .-iihlrcss lieforc the Synod in 185G, the Bishop referred at lencjth to the subject, and gave what he stated to be "a fair represen- tation of the t«*:i«diing «»f common schools in Upper Oanadji. The system [he said| has a.ssunied great dimensions, and no labor or expense is spareil to promote its efficiency. The system * * * seems, at first sii;ht, to have something very favourable in its general aspect. 1 1 pi. «:«.... I- upon the principle that the great, and indeed the first object of education, is to give men and women such instruc- tion as shall sen^e the purpose of their temporal advancenient in the present life, and shall make them to pursue with efficiency any calling to which they may turn their attention. And so far as it furnishes the tools and instruments best adapted for the advancement of the scholars in the arena of social competition, it promises a fair measure of success, * * * The process of instruction is almost entirely secular, and c«)nfined to that description of knowledge, of the practical utility of which there can be no doubt ; and Christianity and its doc- trines are left to be dealt with by every one according to his pleasure* * * * One new feature, which I consider of great value, and for which 1 believe we are altogether indebted to the able superintendent, deser^'es special notice : it is the introduction of daily prayers. We find that 454 [3,246 in 1870] .schools open and close with prayer. This is an important step in the right direction, and otdy requires a reasonable extension to render the system in its interior, as it is already in its exterior, nearly complete. But till it receives this necessary extension, the whole system, in a religions and spiritual view, may be coDsidered almost entirely dead. [The increase from 464 in 1856 to OHUBOH OP ENGLAND SEPARATE SCHOOLS. 211 3,246 in 1870, would liavo jijratificd the vonerablc prchite had he lived.] I do not say that this is the opinion of the Rov. Dr. Ryt-«son, who no doubt believes his system very nearly perfect; and so far sis he is concerned, I am one of those who appreciate very hiLjhly his exertions, his unwearied assiduity, and his administrative capacuty. I am also most willing to admit that he has carried out the meau;re provisions of the se^'eral enactments that have any IcaniuLC to relijijion, sis far as seems consistent with a just interpretation of the law. — Charge of 1856, pages 15, 16.] [Note. — At that meeting of the Synod, (in 1856) a resolution, and an amendment to it, on the subject of s(^parate schools, were intro- duced, viz., "That this Synod petition the Troviiicial Legislature to extend the right of separate common schools to the United Church of England and Ireland, within this Province : or that this Synod adopt such other means as in its wisdom may appear best suited to secure the inestimable blessing of moral and religious education for the children of the Church within this Province." The anuMulment to this resolution w.'is as follows: (1), "That this Synod earnestly desires that such mejisures shall bo taken as shall imj)art to the com- mon schools of this Province a religious character, so far as in its unhappy state of religious division can be done consistently with the rights of conscience — and to that end, that [all the conunon schools Ite opened and closed with prayer, and that a portion of the Holy Scriptures be dailv read therein ; provided always, that no (diild shall be compelled to be present at such prayers or reading of the scriptures, whose parents or guardians shall <)l)ject to his doing so." (2). "That this Synod does not deem it expedient to seek the establishment of any other separate schools, except those which the members of the Church shall themselves be enabled to establish, seeing that in con- lending for .separate schools as a part of tin; common school system, they v/ould only be seconding the too succcsstiit I'llorts of the Uoman Catholic Church to inculcate its system of intolerance and supi'rstition at the public expense. " After some discussion the resolution and amendments were withdrawn. — Pages ;M, ;?;"). In IS.')7 the subject wa-s auain introcluced, and the followinir resolution was moved : "That this Synod do now a[)point a connnittce of six of its nn .nbcrs, to take into consideration the best method of advancing the gi^ieral, continuous and permanent, moral and religious, ( in connection with the secular,) education of the youth of this Province." In amend- ment U> this motion the following resolution was adopted :] 5. That a cinmnittee be appointed to collect iutonnjition regarding the working of tlic common sclun)! law, and report at the ne.xt meeting of the Synod. — Session of 1857, pJige 23. XoTK. — At the June meeting of the Synod at Toronto, in 1858, a report from the foregoing (iommittee, with a draft memorial to the Legislature on the subject, was laid before the Synod. — (Pages 47, 49.) 1 ? Tfli: 212 CHURCH OF ENGLAND SEPARATE SCHOOLS. '■4 P. A.t the September meeting in Kingston, this draft memorial was con- sidered, (page 188,) and a committee of six (three clergy, and three laymen,) was appointed, ( page 140, ) to report as to the course of action which it was advisable to pursue in petitioning the Legislature on the subject. The committee unanimously agreed to the following resolution, which was adopted, and the committe was authorized to present apetitit)n to the Legislature on the subject. — Pages 141,142.] 6. That a ]>etition be presented to the Legislature at its next session, pniyino; that such alterations may he made in the Common School Acts for Upper Canada, as sliall recognize religious instructions in the schools, by authorizing the open- ing and closing of the schools with prayer, the reading of the Bible, the use of the Lord's Prayer, Ten Conmiandments, and Apostles' Creed, and the right of all denominations of Christians to impart instruction according to their religious tenets to the children of their own persuasion, at specified times, set apart for that purpose ; and that if by the law, as it now stands, the members of the Church of England cannot have separate schools in cities or towns, that such further amendments be prayed for as may remove any doubts that now exist as to the right of any denomination of Protestants to have 8ei)arate schools in cities and towns, on compliance with the requisitions of the 19tli section of the School Act of 1850, whether the teacher of the common school in any school section in which such separate school is demanded, be a Roman Catholic or not — Session of 1858, pages 141, 142. [Note. — Tn 1859 the committee again presented a report to the Synod on separate school, (page 34,) and the Chief Superintendent of Education also addressed a letter to the Synod on the subject (page 82.) The report was virtually concurred in — the Bishop having suggested, (which was agreed to,) that in case there was no remedy from the courts of law ; [should the boards of school trustees in eetiai Uaiu and towns persist in a refusal to establish Church of England separate schools,] the matter be left to the committee, in connection with the Bishop, to propose a petition to parliament on behalf of the synod ; and that should the Bishop order the petition to be presented before a legal decision be arrived at, it should he so presented. (Session of 1869, pages 95, 96.) In 1860 the question of separate schools seeml^ to have come up pro forma, and the following resolution was passed on the subject :] 7. That petitions on education, similar to those presented last year, be drawn again, signed, and sent to both branches of tne Legislature. — Session of 18G0, page 185. [Note. — In 1861 the following resolution on separate schools was proposed. It was strongly recommended hv the Bishop and adopted:! CHUEOH OF ENGLAND SEPARATE SCHOOLS. 213 8. That a committee, consisting of seven members, be appointed to consider what means can be best adopted, in addition to petitions to the Legislature, to secure to tlie United Church of England and Ireland the riglit of having separate schools in towns and cities where their establishment is desirable, and their maintenance is practicable. — (Session of 1861, page 284. [Note. — In 18G2 a report tVoni this committee was laid before the Synod, and it gave rise to considerable discussion, (pages 15, 16, 29.) To the motion for the adoption of this report, an amendment to the following resolution was moved, (page 29,) declaring "that as members of the United Church of England and Ireland, in this liioeese, we do not desire to see any interference with the comninn sciiool system, as established by law, or demand exclusive privileges not at present shared in equally by other protestant denominations m Upper Canada." This amendment was negatived by a vote of 73, (forty - live clergy and twenty-nine parishes,) against 21, (nine clergy and twelve parishes.) To the motion for the adoption vt' the report, an amendment was made as follows: "That while the Synod contends that the Church of England and Ireland- in this province, lias as goo«l a right to separate schools as the Koman Catholics, it deems it inexpedient as a Church, and detrimental to the interests of general education, to ci>mmit itself to a principle which, if once acted upon by the sects so abundant in Canada, would destroy our common school system," (page 39.) The amendment was negatived by the same vote, and the report adopted. The committee was also re- appointed. The following is the resolution adopted as above.J 9. That a respectful memorial be again presented to the Legislature, setting lurth the continued desire of the Church of England and Ireland in Canada to have separate schools in cities and towns, as stated in the resolution adopted by the Synod ot June, 1801. That a committee be appointed to consider what means can be best adopted, in audition to petitions to the legislature, to secure to the United Church of England ami Ireland the right of having separate schools in towns and cities where their establishment is desirable, and their maintenance is practicable. And further, to respectfully remind the Government that they seek not any improper interference with the common school system, as established by law, but claim to be entitled to the same privileges, and to have a similar measure of justice meted out to them as members of the said Chm'ch as have been accorded to their liomau Catholic fellow-coimtrymen. — Session of 1802, pages 32,33. "■>»- -'irr'^jf 214 CHURCH OF ENGLAND SEPARATE 8CH00LS. [Note. — In 186?. no report on separate schools was presented to the Synod, but a motion on the subject was proposed as follows : "lliat the establishment of separate schools is inexpedient, and a violation of the principle on which the common school system of Upper Canada is founded." In amendment it is moved, "That whereas the committee appointed at the last Synod have not reported, it is inexpedient to niovo on this occasion in the matter, but that the committee be re-appoiiited, with instructions to report at next Synod." After some discussion the mover of the orijjjinal motion was allowed to alter his resolution so as to read as follows: "That the establishment of separate schools is unjust and inexpedient." An amendment was subsequently moved to the amendment, which was carried upon a division, as follows :] 10. That the chanjijeti whicli have been introduced into the common school system of this Province, are entirely at variance with the fundamental j)rinciple of that system, as understood and accepted by the i)eople of Upper Canada, that instead of a purely secular system of education, under which all cla-sses should be included, undue preference and s])ecial privileges have been conferred upon a distinct class of citizens ; separate schools in which religious instruction is given, being recog- nized as part of the government system. Against this unjust preference, the Synod enters its most solemn protest, and demands as an act of common justice that the privileges accorded to the Roman Catholic Church be freely granted to othere, or that those now accorded to the Roman Catholic Church be withdrawn. — Session of 1863, page 18. [Note. — The question did not come up before the Synod in 1864, but in 1865 the Kev. C. E. Thompson gave notice of the following motion : " Tliat this Synod desires to reiterate its often expressed condemnation of the common school system of this Province, in its religious aspect, and to declare its conviction that neither piety nor morality can be advantageously cultivated amongst the youth of our country until distinctive religious teaching is made part of public elementary education." This motion was not brought up, but Col. O'Brien moved a resolution on ragged schools, which, at a subsequent period of the session, he consented to allow to stand over until next Synod as an aniendment to Mr. Thompson's motion, on condition that it is brought up " then among the first motions." (Session of 1865, page 52.) Uurina^ the session of 1866 the following resolution was passed as an original motion, Mr. Thompson not having brought up his motion condemning the public school sj'stem :] 11. That whereas by the working of the "Common School Act" in cities and large towns, the children of those members of the community reduced to pauperism, whether by miafor- OUUKCH OF ENOLAITD SEPARATE SCHOOLS. 215 1864, lowing >ressed in its [ty nor of onr public It Col. lequent il next idition jion of )lution rought fchool ibers lisfor- tune or sickness, or other causes of God's visitation, as well as the destitute by reason of drunkenness or other worthless- ness, are virtually debarred all benefit arising from tlie pro- visions of that act ; and whereas hucIi poor or vagrant children should be considered under the special care of the community, and are entitled to the benefit of their share of any i)n)vision made for the benefit of all children ; and whereas it is the bounden duty of all Christian bodies, as far as in them lies, to seek the welfare especially of all such poor childreii as have no other hope but what may arise from i)ul)lic <*harity ; be it resolved, that a petition be presented to parliament praying that such alteration in, or amendnjcnt to, the Common Scliool Act may be made, as will enable such children to obtain their share of the benefits of the Act. — Session of 18fi6, pages 50, 57. [Note. — The petition, which was adopted, was as follows: — This memorial respectfully sheweth : That under the workino- <>f the < '«im- mon School Act in cities and large towns, the children of the destitute, the poor as well as vagrant children, are unable to derive any benerit from the provisions of that Act. That such poor or vagrant children, whatever may be the circumstances which have placed them in that condition, are entitled to the benefit of their share of any provision made for the benefit of all children. That it is the bounden duty of all Christian bodies, as far as in them lies, to ameliorate the condition and seek the welfare especially of those poor children, who by mis- fortune or otherwise have no refuge but the charity of the public. Your memorialists therefore pray that such alterations in or amend- ments to the Common School Act, as shall in your wisdom enable, in cities or large towns, any church, congregation or benevolent society establishing i; poor or vagrant children's school, to (^)btain, for the support or in aid of such school or schools, such share of local taxes as under the p-ovisions of the Act it would be entitled to according to the number vaught there. But your memorialists would deprecate any money being appropriated for the purpose of erecting any building for such schools. — Session of 1866, pages 56, 5*7.] [Note. — In 18il7 the subject was not brought up; but in 1868 the following notice of motion was given by Col. O'Brien : " That whereas by the actual working of the ' Common School Act ' in cities and large towns, the pauper, vagrant and outcast children are, uninten- tionally no doubt on the part of the framers of the Act, virtually debarred all benefits arising from it ; and as they are as fully entitled as any others to their share of a provision made for the benefit of all, Be it resolved, that a petition be presented to the Provincial Legis- lature, praying that such alterations in, or amendment to, the Common Scfcool Act, may be made, as will enable such poor children to par- ticipate in its benefits. Also that a committee be named for the purpose, under his lordship's direction, of obtaining the co-operation 216 OHUEOH OF ENGLAND SKPAEATE SCHOOLS. of our sister Dioceses of the I'rovince, as well as of or deuoaiinatioiis takiiii; an interest in the matter." all other bodies (Pages 50, 57.) Subsequently the following resolution was passed :J 12. That a committee be appointed to consider tlie con- dition of the young va,";rant population of the Province, with a view to their moral and intellectual improvement ; and that Col. O'iirien's resolution, and the memorial appended thereto be referred to said Committee. — Session of 180b, page C5. Note — The Oouiuiittec appointed never met, and therefore no action was taken on tlie subject, and it dropped. It was not brought before the Synod in 1801), 1870 or 1871. In 1872, speaking of the increasing spreau of the evil, and of the duty of the Church, under her Divme Master, to cope wilh it, the Bishop remarked : " Her work is, confessedly, to lead fallen man to the true source of pardon, and to teach him to aim at the recovery of the moral image in which he was at tirst created, if the passions, and prejudices, and divisions of professing Christians themselves are a distressing hindrance to the attainment of this noble and dutiful aspiration, we have much in the condition of the world around us to warn and rouse us to a vigorous and united effort to arrest the increasing tide of sill and crime. The developments of a grossly avil spirit at the present day lill us with horror and alarm ; the profligacy and wanton cruelty of which we hear so many instances, make us tremble for our social peace and safety. It is but right to enquire to what all this enormity of wickedness is traceable, that we may come if possible to the remedy. Tbat is largely to be ascribed, as all must be persuaded, to the neglect of religious instruction in early life ; to the content- ment oi peoples and iiovernments to afford a shallow secular educa- tion, witiiout the learning of religious truth, or the moral obligations that it teaches. The child taught and trained for this world's voca- tions only, without a deep inculcation of the lovo and tear of God, and the penalty hereatter of an irreligious and wicked life, will have but one leading idea — self-aggrandizement and self-indulgence, and will be checked by no restraint of conscience in the way and means of securing them. Ciigantic frauds will be perpetrated, if riches can thus be acquired ; atrocious murders will be committed, if these will remove the barrier to unholy and polluting connections, or cast out of sight the objects of jealousy and hatred. 1 have no disposition to reprobate this defect in the system of education, prevailing with the authority and support of Government among ourselves. 1 know the diliiculty, the almost impossibility, of securing the temporal boon with the addition of the spiritual ; how hard it must prove in a divided community to introduce among the secular lessons which are meant for usefulness and advancement in this world, that lofty and holy teaching which trains the soul tor heaven. The irreverent and tierce assaults recently made upon a praiseworthy effort of the Superintendent INTEMPERANCE, AND AN INEBRIATE ASYLUM. 217 bodies >6, 57.) e con- }, with id that hereto >5. fore no brought of ibe li, under ource of il image ices, and itres>iiug ition, we irarn and isiug tide Lt at tlie J wanton le for our t all this pssible to irsuaded, content- tr educa- iligations of Education in this Province to intrt»du(;e a special work ('<»r moral and religious instruction amongst our common school pupils, testify too plainly the difficulty of suj)plying the want. T have confidence in the good intentions and righteous efforts of that venerable gentle- man to do what he can for the amelioration of the evils which the absence of systematic religious teaching of the young must induce; so that we may have a hope that, from his tried zeal jmkI uiK|uestion- able ability, a way may be devised by which such essential instruction shall be imparted, and the terrible evils we deplore to some extent corrected." — Session ot 1872, pages .38, 34.] CHAPTER XLVI. gttt^mjr^rance, and m guelrriate gijitilum. [Note. — This subject was first brouo;ht before the Synod in 1857, by the Rev. Dr. Shortt, by notice of the following motion, which was adopted in 1858. — Sec session of 1857, page 28.] 1. That a conuriittee be appointed to consider the l)est sub- sidiary or auxihary means of lessening the amount of drunk- enness, and aiding in the reformation of the inebriate, and his restoration to society ; and to I'eport at the next meeting of the Synod. — Session of 1858, pages (50, 01. [Note. — hi 1858, the subject of the establishment of an asylum for inebriates was also brought before the Synod, and the following resolution was adopted.] 2. That a petition be presented to the Legislature by this Synod, praying for the establishment of an hospital or asyhim, in wliich inebriates may be received and receive such treat- ment as may restore them to sobriety, and to a healthy mental and bodily condition. — Session of 1858, page 143. [Note. — In 1859, the Committee on Temperance submitted an elaborate report on the subject, (pages 54-65,) which was adopted, as well as a petition to the Legislature, praying for the establishment of an asylum for inebriates, and suggesting amendments to the law with a view to restrain drunkards. — Pages 88-89. A memorial from the Grand Division of the Sons of Temperance was presented to the Synod, and acknowledged. — (Pages 27 and 101.) The subject was sutFered to remain in abeyance until 1862, when it was ngain brought up by Dr. Bovell, and the folh ing resolntions passed :] 15 218 INTEMPJEKANCE, AND AN INEBRIATE ASYLUM. ' s? 5. That this Synod, tlirouffh tlie lord Bishop of Toronto, shall memorialize the Legislature to establish an asylum for the reception of those who are victim;^ of intemperance, and also to express the conviction that tlic evils llowing from m- teniperance are so vast, both witli reference to the welfare of the present and the future inhabitants of this province, that it would be an act of great wisdcjm to appoint a commission to incpiire as to the best and most effectual mode of discou- raging the habitual and inordinate consumption of alcoholic drmks. — Session of 1862, pages 37, 38. 0. That a committee be appointed with reference to the subject of the erection of an asylum for inebriates. — Ibid., page 38. [XoTE. — In 1863, a report from the committee on the erection of an inebriate usyhira was laid before the Synod, and adopted. — (See pai^es 15, 18 and 24.) A motion was also made by Rev. Dr. Shortt, to the following effect, but it was, after considerable discussion, with- drawn at the suggestion of the Bishop : " That in the opinion of this Synod, the pledge of total abstinence from all that doth intoxicate, is not inconsistent with the requirements of the Church." To this an amendment was moved to the following effect: "That this Synod feel it to be a duty incumbent on every member of the Church, to dis- courage the ruinous vice of intemperance in every legitimate manner, and to inculcate the practice of sobriety on the high motives of christian principle and christian obligation." The original motion having been withdrawn, the amendment fell to the ground. In 1864 the motion was again brought before the Synod, and the following resolution on the subject was proposed : " That the practice of total abstinence from the use of intoxicating liquors, as an article of or- dinary diet, hospitality or luxury, is a practice to be commended in those who feel it their duty to adopt it, especially as affording a good example to youth." To this resolution an amendment was made as follows : " That in order to mark the extreme displeasure with which the Church regards the soul-destroying vice of intemperance, it is desirable that a canon should be passed, authorizing the clergy to re- fuse to receive at holy communion, any one who is known to be living a life of habitual intemperance." To this amendment a second amendment was proposed and adopted, as follows : ] 7. That this Synod, though not pledging itself to any defi- nite action in reference to the subject of the orginal motion, would express its approval of all proper means, adopted by members of the Chm-ch, individually and collectively, for the suppression of intemperance. — Session of 1864, pages 24, 26. MTNI8TRATI0N IN GAOLS AND REFORMATORIES. 219 [NoTK. — The subje(^t did not a1 and 69. [Note. — In 1809, a memorial from the Canada Temperance Union was laid before the Synod, and a committee was app<)inted to con- sider and reply to it. The report of the committee was adopted, as follows: ] .1 9. That the Synod will unite with the Memorialists in de- plorinoj the evils inflicted l)y intemperance upon our country, and will hail with deep satisfaction '.iny and every right and Christian eliort having for its o1>ject the diminution of those evils. The Memorialists may rest assured that the Synod of the United Church of England and Ireland will always sym- pathise v*^ith them in any effort for the abolition of vice and tlio increase of public virtue. — Session of 1869, pagea 27, 74, 79. [NoTK. — In 1872, the Ontario and Quebec Temperance Leagues presented a memorial to the Synod on the subject of temperance, which was referred to a committee, and the following resolution on the subject pa.ssed :] . . 10. That the Honorary Lay Secretary be requested to com- municate with the gentlemen who have addressed this Synod on behalf of the Ontario and Quebec Temperance Leagues, to inform them that their addresses have been received with resi)ectful attention by the synod and have been referred to a committee with a view to their reporting thereon at the next meeting of the Synod, — Session of 1872, page 53. CHAPTER XLYTI. Pini$tratton in ^^^taU mH ^tUxm^xUvU^, lli, [Note. — In his charge delivered before the Synod in 1853, the Bishop refers to his confirmation visit to the Provincial Penitentiary in September, 1852, as an event of "more than common interest." He says : " At nine o'clock precisely I attended the Provincial Peni- tentiary. Being limited as to time by the regulations of the institution, I directed the litany to be lead by one of my attending clergy. I 220 MINIBTKATIUN IN 0A0L8 AND EEF0RMAT0RIE8. th(Mi baptized twenty-two of the convicts and contirnicd one hundred and one. There was no time for a sermon, hut I addressed them aftectioiiately and cncoura<;;in<^ly as lonj; as the time alh^wcd. Great credit and praise ,.iO due to the Rev. II. Miilkins, (diaplain to the Penitentiary, for the extraordinary pains and lahour he liad taken in preparinu; these candidates for confirmation and l)aptism. They seemed willing and intellijjjcnt, and, I trust, many were serious and well pre- pared." — Charge of 1853, page 8. ] [Note. — In 1858, SherlHT Corbett proposed to bring the subject "of providing for the ministrations of religion " in the Kingston gaol before the Synod, but no formal action was taken on it (page 139). In 1860 tlic following resolution, on motion of Rev. S. Givins, was passed:] 1. That tlio lord Bishop bo resj)CctfiiUy reiiuested to appoint ii committee to inquire into, and report to the Synod what steps can bo taken to insure tho ministrations of religion in the asylums, gaols, and reformatory institutions in this Dio- cese. — Session of 1860, page 185. [Note. — An elaborate report on this subject was prepared and laid before the Synod at the same session, and adopted (pages 190, 192). In this report the committee felt " it to be their special duty to call attention to the fact that the inspectors of prisons concur in express- ing their painful sense of tho absence of any proper provision for the religious instruction of tho prisoners. Of the many causes which have hitherto contributed to render our prisons nurseries of vice, rather than reformatory institutions, this is assuredly among tho most important. Without religious instruction, no system of discipline, however admirable, can avail to effect the reformation of a prisoner. In cases of pvotracted confinement, as in the Provincial Penitentiary, the opportunities for bringing religious instruction, and the friendly counsels of a Christian minister, to bear upon the most hardened criminals, with good hope of the best results, are great. But though these chaplains have been provided, the evidence of the inspectors leads to the belief that the opportunities thus afforded have hitherto been very partially turned to account;" etc. In 1861, the following explanatory resolution was adopted :] 2. That having heard the explanations of the Rev. Chaplain of the Provincial Penitentiary, as to the arrangements made for religious instruction in that institution, this Synod fully recognises the efficiency with which the duties of the Chap- lain's said office have been fuliilled. That the report of the special committee at the last session of the Synod of reforma- tory institutions of the province, in so far as it contains, or may be supposed to contain, reflections on the Chaplain of the Provincial Penitentiary, be rescindoed for publication. In 1861, a committee on " Parochial Statistical Reports,'' (the appointment of which is not recorded in the minutes), brought in a report to the Synod o'' the subject, which appears to have been adopted, and " recommended to the CHergy for their future guidance." (See pages 302, 303.) In 1862, the question was again brought before the Synod, and the following resolution on the subject (moved by Rev. Dr. Fuller) was adopted :] 1. That it shall be the duty of every incumbent of each parish or mission within the Diocese to furnish the Secretary of the Synod, at the opening of the business of the Synod, with a parochial report, giving the name of the parish, the name of the incumbent, and the name or names of the assist- ant minister or ministers, if any, the num])er of families, of individuals, the number of communicants on the parish roll, the nmnber added since last report, the number who have died, the number who have removed from the parish, the number who have ceased to be communicants ; how often divine service has been performed on Sundays, on week-days, the average attendance on divine worship in the morning, in the evening, on week-days; the number of parochial visits paid by the clergy, the number of visits paid by his district visitors, or their lay assistants working in tlic parish ; the number attend- ing the parochial school — if there is one in the parish, and the average attendance since last report, the number of paid teachers employed therein, the number of unpaid teachers who 222 PAROCHTAJ. AND DIOCESAN STATISTICS. voluntarily assiHt in tho work f»t' tho school, the number of Sunday schools, tho iniinl)cr of teachers, (I as male, 2 as t'einale,) the nuniher of male children on the roll, number of female children, the averaort on the state of the I )i(tcese, based upon the in- fornuition afforded by these parochial reports, and that a com- mittee be named by his lordship to draw u\) such a form, have them ])rinted and fui'nished to the clergy of tho i^iocese, to be filled up by them. — Session of lSr»2, juiges 42, 48. [Note. — Tu accordance with the foregoing resolution, the Bishop issued a circular letter (with ft)rni of report) to tlu^ clergy in April, 1868. In that circular he said: "Fully persuaded that the best interests of the Church demand that the fullest information should be atforded on the ditferent points end>rac<^d in this form, I have to request every clergyman in charge of a parish or mission in this Diocese to furnisli me with the required int'ormatitui, arranoed under the ditferent heads." — See Church Chronicle for April, ISOi^, pages 2 and 3. In 18G3, further parochial statistical information being deemed necessary, the following resolution was passed.] ^. In future an annual report, duly authenticated, be made to the Synod giving an account of churches, ])ftrsonage8 and endowments, in course of erection or formation in the parishes or missions of the Diocese. — Session of 18G3, page 17. [Note. — In 1864 the matter was again brought before the Synod by Dr. Hodgins, and the following resolution authorizing the appoint- ment of a standing committee on statistics, was, on his motion, passed :] 3. That a standing committee on Parochial and Diocesan Statistics be appointed. Ttie duty of the committee shall be OUV/.a-l.>l!:>".^»i i.'iti'dm J- PAROCniAI. AND DI0CE8AN BTATISTICe. 228 Bishop Apiil, le best should Ihiive to in this I under le Synod appoint- passed :] Jiocesan bliall be to collect from the vjiriona documcntt^ obtained throughout tlie Diocese, under the authority «»t" the IJishoj), or this Synod, such statistical inforuiution- rulatin<^ to the state and progress of the ('liurch of Eiitxiaiid in tlu; Diocese as it may deem advisable. This information, when compiled, to he presented annually to the Synod in a condensed and systematic form, for publica- tion in the appendix to the minutes. The committee shall further see that the neccssiirv hhink torms nf reports, which may be re(piired for i;iving effect to this resolution, be duly prepared and sent out. — Session of 1804, page 31. [Note. — In 1865 this Coinmitte<' presented a report which was adopted (l»a and Appondix); also in 180G (page 58); in 1807 (page 61); in 18(»8 (paujo :U.) In 1808, the Bishop, i i his address to the Synod, thus rctcrrod to the importance i>( t'urnisliinjj the statistical informatiuii asked for: "In t'urnisiiing you with such information its it is in my power to offer, lot me urge upon my brethren of the clergy the oMigatioii and the bciu'flt of supplying, for the information of the Church g(Mierally, that knowledge of its condition and progress which would be afiordcd by an explicit and accurate reply to the questions which arc animally transmitted to you through the Rural Deans. And it would be very advantageous if the clergy generally, those especially who arc pursuing labours of a more peculiarly mis- sionary character, would transmit to me annually a brief record of such incidents and events connected with the progressof the Church, as could be brought before our people at missionary meetings. We recpiire on these occasions, as all must feel, something more than the declaration of abstract principles, — the fact of destitution, and the duty of supplying it. We should be benefitted in our appeals, by evidences adduced of the growth and influence of the principles of the Church, — by practical testimonies of an appreciation of lier or- dinances — by incidents in the lives and deaths of our members which would shew the strengthening and soothing power of the ministra- tions we are commissioned to supply — by all that can be adduced to attest that it is a living and reviving work which our laity are Jiskcd by their pecuniary aid to forward. If such were furnished before, or not later than the meeting of the Synod in each year, there would be time for such condensation or selection as could be furnished to our Church Society deputations, and materially strengthen their hands. — Session of 1808, page 19.] [Note. — In 1869, the Bishop thus expressed his regret at the meagreness of the statistical returns sent in, and urged the necessity and duty of giving the information asked for : " I have again to ex- press my regret at the incompleteness of the statistical returns from the several parishes of the Diocese ; and, especially, that so many have failed to send any. Every clergyman, I feel assured, must regard it as his duty to furnish such reports ; and negligence, he must admit, 224 SYNOD ASSESSMENT. is anpardoDable. when these are desired by his Diocesan, and in ac- cordance with til 3 voice of the Cimrcli itself, expressed by its Synod. The Church, Id 'his capacity, has a right to know what has been done by ever}- clergyuian ; and every liisliop has a right to ask from his cierjrv an annual statement of the rosuhs of his ministrations as con- veyed in answers to the questions which are required to be filled up. The Church at large loses nmch from the absence of specific details of his work. W e are thus in the dark as to the proceedings and ])rugress of uue another ; our actual strength cannot be ascertained nor the evideuce of our activity developed ; and where accusations of decliuinir viwor and failins intiuence are here and there asserted by profe:».sed Iricuds as well as by enemies, we have no satisfactory answer t«» j;i\e theui. Llut 1 am persuaded that 1 need say no more on this subjecl, In-'lieving that when the clergy regard it — for it should be >o regarded — as a duti/, there will be no tuture complaint of negli- gence iu this particuh.r. — JSession of 1SC9, page iJ2.] CHAPTER XLIX. [Note. — In 1853 the subject of Synod expenses was brought before the Synod by Kev. T. S. Kennedy, one of the clerical secretaries. lie said : '* Xo plan for providing the reijuisite sum had been decided upon, but some ^tep would be taken towards that object " (Session ot 185:3, pa|;e 19), In 1854 the following resolution was pjissed on this subj«et :J 1. That this Sjuod having- incurred expenses, it is necessary that they be defrayed ; tlierefure an nssesijnient of io on city ehurehesj, £t» uii town churches, audi;! on rural congregations, be levied, to l»e devoted solely to the expenses of the Synod. — Session of 1^54, page 3U. [Note. — At toe next meeting of Synod (which did not take place until 1856), tlie toUowii^- resolution was passed:] 2. That thi:? Synod heing obliged to incur expense in the discharge of its business, it is resolved that an annual assess- ment of 4'5 on city churches, tJJ (»n town churches, and from i:l to l«-»s. on rural congregations, be raised (to l)e devoted only to the expenses «d' the Synod), and brought up by the lay delegates. — Session of 1850, page 3J). [Note. — In 1857, the system of Synod assessment tlicn in operation was changed, and the following regulations on the subject were em- bodied ill the coLstitution, which was adopted in that year:] STNOD ASSESSMENT. 226 in ac- ivnod. 1 done )m liis as con- ed up. details gs and rtaincd isations isserted stactory lo more t should of negli- Tlit before L'cretaries. II decided (^Session passed on lecessary 5 on city egations, e Synod. [take \>lace fee in tlie [al apsess- uid from devoted ) by tbe operation were em- :J 3. The expenses of the Synod shall be provided for by assessment upon the different parishes, by a committee ap- pointed for that purpose. There shall be a Treasurer of the Synod, wiio shall receive and disburse all moneys collected and paid under its authority ; and two auditors, who shall annually insi)ect and report upon the condition of the accounts. — Sections 12 and 13 of the Constitution, adopted during the session of 1857, page 32. [Note. — In 18.58, S. B. Ilarman, Esq., the tlrst treasurer of the Synod, presented his report at the Toronto session in June, which was adopted. This report showed that the total assessment for the three years of 1854, 'G and '7, was $1,(353 ; receipts ^087.45; expen- ditnre'x701. 45.— Toronto Session of 1858, pages 50-5W. At the Kingston session, in September of the same year, the committee on the "expenses of Synod, and assessment" presented their report, which was adopted. In this year the following addition was made to the Constitution ;] 4. The assessment shall * * be received from the repre- sentatives of parishes, after the rule lixed by the committee api oiiite be levied fmni each jtarish for the ensuing year. The current exi>enses t»f the Synod shall be defrayed under the joint authority of the Secri'tarics and the Treasurer. * * * No rei)resentativc shall be permitted to act as such until the assessment upon his parish is paid. — Sections 13 and 1-1 of Title I., and the latter part of Section 2 of Title II., Session of 1800, pages UG, 147. [Note, — The usual reports on assessment and finance were presented to the Synod and adopted in 1860, 1861 and 1862. In 1861, the first year in which the Provincial Synod met, $60 were paid as the as.sessn:ent for the Toronto Synod. In 1862, the foUowuig resolution was passed :] 226 SYNOD ASSESSMENT. 6. That the assessment tor the expeiiijes of the Synod be the same as last year ; and that the Executive he directed to provide for the expenses of the Provincial Synod 2>'ro *'<'^^* o^^ the several parishes. — Session of 1862, paget^ 41 and 45. [Note. — No reports on the subject were subjiiitted in 1863, but they were submitted and adopted in 1864. Tlic dlowinLC recom- mendations of the committee on assessment and tiiuiuce were also adopted :] 7. That the balance in hand, after tlio ex])cnscs of the present session shall have been defrayed, be luuided over to the Mission Board ; and the assessment fur tlie ensuing year be the same as as that of the present financial period. — Session of 1864, page 24 and 27. [Note. — Tliis recommendation was not acted on in 1864. It was repeated in 1865, in connection with tlic report presented, (pages 21 and 31.) It was not acted on in 1805 ; but the recommendation was received in 1866, (pages 34 and 36.) In 1867 the Treasurer and Auditors presented their reports, but no rcpoi't was presented froni i,he Assessment and Finance Committee, (pages 30 anoration of the said Church Society with the Synod, or in accordance with any By-law which may !icrcafter be ado]ded by the Synod, and also to prepare in tabuhirlbrm the answers received from the Clergymen (having cure of souls) to the en»es in attend- ing the meetings of such Committees from the funds admin- istered by them respectively ; and that the travelling expenses of the Membei*s of the other Standing Committees be paid Irom the General Pm-poses Fund. — Session of 187u, page 60. [NoTK. — In 1871 the Committee presented its report, whicli was adopted, (pages 42, 57 and 132.) The following recommendations were also concurred in :] 14. That, in order to meet the future expenses of managing the investments, and the projier share of the general expenses of Synod chargeable to the llectory Lands already or in future to be sold and the proceeds invested, there be «leducted from the proceeds of each and every sale (whether already etfected or to be eiiected) a sum ecpial to live per cent, on such i>ro- ceeds, and that the same be transferred to the (Tcneral Purposes Fund Committee, to be by it invested as a Special Fund, the interest upon which shall he applied to meet the share of said Rectory investments in defraying the expenses of management. In regard to all the other Funds, your Committee resolved to levy an assessment of four cents per dollar on the receipts of saidTunds for the past year. — Session of 1871, page 57 and 132. [Note. — In the same year ( 1 H7l) the following resolution wa.s passed:] 15. That the following resoluti(»ns (in the report of the Synod House Committee) having been adopted by the Synod 3TNOD HOUSE AND OFFICES. 229 •>vnocl. t& aiul vested ?(|iiired irest of a, shall several page 75. elling ex- loved in place all the Mem- a futme," passed :] iiid Coin- B Eudow- Orpliaus' 11 atteud- Is adiinii- ' expenses 5 be paid 1- page 00. hicu was leudations inaiiaging »eiises ot ill future cted from etfected '>uc'li i>ro- Furposes Fund, tlie are of said nagement. esolved to receipts ot 7 aud 132. wa.spas.sed:] irt of the the IS y nod in 1868, it is expedient that no furtlier time be lost in giving theiu effect ; and tliat tlie Asse>sment and General Purposes Ooinmittee be authorized and directed to carry out the iirst and second resolutions viz : — (1) That, with a view to provide funds for the erection of a Synod Ilou^e, an additional assess- ment, sufficient to })rtjdni-e s.')(M> be imposed pro rata^ on the several parishes in this l)io.;ese, per annum. (3) That the pro- ceeds of this assessment, tonretlicr with all balances of Synod- monejs left over each year, be invested in Provincial, county, city, or township debentures, until a sufficient fund be accu- mulateil to warrant the Synod in proceeding with tlie erection of the building, or in borrowing the sum necessary to enable it to do so. — Session of 1S71, page 65. [Note. — In 1872, the Committee brought in a report which was adopted, including the following:] 16. That it being found that four cents in the dollar ordered to be levied on tho several funds, by resolution of the General I'urposes Committee, 0th February, 1871, to meet expenses, is insufficient f>r that purpose, a rate of five per cent, be sub- stituted therefor, and that the same be collected on all funds under the managemjut of the Synod. |17. In regard ti» the p.iyment of travelling expenses of members of Standing Comuiittees of Synod, your Committee recommends that the resolution adopted at the Session in June, 1870 (see flournal of 1870, page 60 (section 13 above]) be rescinded, and that all such expenses (j)ast aud future) be charged against the General Purposes Fund. — Session of 1872. CHAPTER L. f itnoa gon^c audi ^iXm%. [Note. — The qacstion of providing a permanent place of meeting for the Synod having been under consideration in 18(53, it was, on motion of Rev. S. Uivins, resolved :] 1. That tho pr.>pi)sition to provide a house for the accom- modation of the Syni>d and Church Society be referred to the Land and Investment Committee for its consideration, and report to the Cliurch Society for its action in the matter, and that his lorddiip be asked to appoint a committee of the Synod to confer with the Church Society on the matter. — • Session of 1863, page 17. 230 SYNOD HOUSE AND OFFICES. [N'oTE. — In 1865, on motion of Dr. Hodgins, it was resolved :] 2. That a coiiiinittee, selected tVora the Synod and Cliimdi Society, be appointed to consider tlie desirability of selecting a central place for the assembling of Synod, and the meetings of the Church Society, to be in a convenient part of the city, with suitable rooms for Committees, and for the otHces of the Synod and Oliiirch Society, and book and tract depot ; and that the following gentlemen be the committee : — Rev. II. J. Grasett, Rev. Ur. FuIUm-, C. S. Gzowski, Esq., T. Gait, Esq., and J. George Hodgins. — Session of 1865, page 56. [HoTE. — No report was presented on the subject in 1806, but the Ooinmittee was re-appointed (page 5). In 1867, the convener of the Synod Mouse Ooinmittee presented a report, whicii was concurred in, expressing a hope '•' that arrangements can yet be made with the rector of St. James' Cathedral Church, whereby a building can be erected on the cathedral block, facing Adelaide street, whicli will answer the double purpose of a Synod and Church Society house." The Committee re(ptestcd re-appointment, which was agreed to. (Session of 1867, page 59.) In 1808, the Committee presented a report suggesting a plan of ^'providing funds by assessment for the new Synod house, which was concurred in. (Session of 1808, page 34 and 67.) Notiiing was done on the subject in 1869. In 1870, the matter was again brought up, and the following resolution, on motion of Prof. Wilson, was passed :] ■":2. Whereas the congregation of St. James' Cathedral, Toronto, nnd their present parochial school-house inade(|uate for the necessary requirements of their Sunday schotd, and have already had a proposition submitted to the vestry for expending funds on its enlargement, the Synod be invited to consider the propriety of taking immediate steps for the erec- tion of a Synod House, as it is believed that the vestry of St. James will be prepared to grant a free site ; and, with their present plans in view, additional funds might thereby be secured by some joint action in the work and arrangements for cond)ining the accommodation required for the parochial school house with that of the diocesan Synod. [A committee having been proposed it was further agreed to :] That the proposed committee be requested to confer with the authori- ties of St. Jan es' Cathedral, and learn from them some esti- mate of the probable cost of the building ; and that they report to the Synod to-morrow. — Session of 1870, pages 42, 43. [NoTB. — The committee having conferred with the authorities of St. James' Cathedral, reported •' that the committee had agreed that if the Cathedral authorities would give a site on such part of St. James' SYNOD HOUSE AND OFFICES. 231 3d:] Dhurch Icctiiig tiiig;^ of ;y, with i Synod hluit the Grrasett, jq., and , but the or of the oncurred with the r can be hicli will house." >-reed to. esented a nt for the S08, pai^e In 1870, ution, on athcdral, ideipiate loul, and estry for ivited to the erec- V estry of d, with thereby ligements jarochial luniittee hat the authori- onie esti- hat they IBS 42, 43. lioiities of reed that >t. J ames' ground as should bo approved of by the Committee, and the sum of 13,000 to include their assessment towards the erection of Synod House, the Synod would give >?7,000 towards the same purpose ; the total cost of the structure not to exceed 810,000, the House to con- tain all the conveniences renuired by the Synod, the conofregation to be allowed the use of the Synod Hall and such other rooms as they might require for the use of their Sunday School, or for meetings during the week when the huilding was not required for the use of the Synod; provided the leave extended over a period of not less than five years, and not inon; than ten years; and provided tliat if the building should be abandoned by the Synod, it should revert to St. James' Church." After some discussion the report was withdrawn, and the matter, in the shape thus presented, dropped. (Session of 1870, pages 48 and 77.) In 1871, the erection of a Synod House, as proposed in 1808, was again brought before the Synod by Dr. Ilodgins, and the following resolutions on the subject were concurred in :J 3. That the following resolutions (in the report of the Synod House Coininitteu, having been adopted hy the Synod in 1S6S, it i^ expedient that no lurther time he lost in giving them effect; and that the xVssossment and (reneral Purposes Com- mittee he antiiorized and directed to carry out the first and second resolutions, a. id tlie Executive Committee the third, viz. : (1) That, with a view to provide funds for the erection of a Synod House, an additional assessment, sulticient to }U'oduce $500, he imposed pro rata, on the several parishes in this Diocese, per annum. (2) That the proceeds of this assessment, together with all balances of Synod-moneys left over each year, be invested in Provincial, county, city, or township debentures, until a suffi- cient fund be accumulated to warrant the Synod in proceeding with the erection of the building, or in borrowing the sum necessary to enable it to do so. (3) That the Synod authorize the selection, as soon as practicable, of a suitable site in a convenient and (central part of the city, for tlie proposed Synod House. — Session of 1871, page Go. m ■- 232 PRINTING OF SrNOD REPORT. CHAPTER LI. grittting af M^H f^irort. [Note. — In 1858 the following resolution, moved by Rev. Dr. Fuller, was adopted : | 1. That a eomiiiittcc be appointed, to whom shall be referred the ([iiestioii of ]>rintin2; the Report presented to, and other matters brought before this Synod. — Session of 185S, page 14:6. [NToTK — Phis coMimittoe brought in a report to the Synod in 1859, in which they state "that they have adopted all due economy in printing the Report and other documents, as far as is consistent with the elhcient working of the Synod" (page 71). There is no record of the adoption of this report, nor of the reappointment of the Printino Committee. The Rev. Dr. Lett, however, moved, and Dr. Bovell seconded, the following resolution, which was afterwards acted upon, although there is no record on the minutes that it was atlopted, V1Z..J 2. That it be a direction to the present secretaries, and also to all future secretaries, to print the Report, and all other documents of the Synod, uniformly with the Report of last session, in order that all such reports and documents may be bound in volumes. — Session of 1859, page 85. [Note. — In 1860 the constitution of the Synod was revised, and in it the Executive (JoumiiLLoe was directed:] To receive reports of all other committees, and to print such reports, or such parts of them as they may deem expe- dient. — Session of 1860, page 146. [Note. — Nothing further was done on this subject until 1864, when a pioposition was made by R. A. Harrison, Esq.. to have the minutes of Synod referred to a committee " to examine and, if necessary, correct the same by the written minutes of the Synod, and to cause the same, when examined and corrected, to be published uniformly with the former published reports of the proceedings of the Synod, in accordance with the [foregoing] resolution of this Synod passed in 1859." This proposition was withdrawn, and the following record was made ou the minutes :] 3. The question having been asked as to the style in which the Report of the proceedings of the Synod should be printed, it was agreed that the cheap form be used, similar to that of 1863.— Session of 1863, pages 30 and 32. PKIX*nN(; (IF THE BVNOD REPORT. Dr. t, with record be and in print expe- when minutes cessary, ,o cause ifovmly Synod, issed in record wliicli H'inted, that of [NoTK. — This "cliea|t form" was a very condensed record of tlie minutes, ]»rint«'d in unitomily >niall type. The t'ollovvini;' resolution, uioxed l>y Dr. Jlodgins, was also passed:] 4. Witli a >ncw to ascertain wiiat resolutioiiK and caiioiis have received the sanction of the Synod, it he an iiistriiction to the secretaries to employ a ]>erson to c(dlect from llie (dHcial laiuute-hook, and ap]>end to the printed minutciS for tliis year, a copy of each canon or resolution which has heen duly passed since 1858, with an index. A ^inlilar ai)i»cndix and index i'oi- each siicceedin*:; year he pre[)ared an«l inserted in future in the annual printed minutes of the proceedings of the Synotl. — Session 1804, pago liO. |NoTK. — Tn the same year (1804) the honorary secretaries were authorized) .5, To employ an assistant, ^yhose i^ive si>ccial attention to the recol•din^• and i»rintinL'' «d' the daily minutes of proceed iiiLjs. — !Sessi(»n of 1S»}4, )>ai2,e "27. |NorE. — In ISC'}, on motion of Dr. Jloduins, it, was rcsoKcd:] 0. That hereafter the minutes of ]»roceedinij;sof this Diocesan Synod be uniformly printed by ten5, i»a5. [Note. — In ISdO and 1H70, the ( V.nsti1nti<»n un.lcr the Atcd. In it tlie Kxccntive (\tiii- inittee was directed "to print the reports laid Itcfore them" of the other committees, ("or such parts of thcMii a> the\ may deem cxj)edient,") to he laid h. f ■, the Syno'es !I0 and i)ti.) In l.sTl ihe >id>iect of printing was again hronglit up liy Dr. llotlgins, and the t'ollowing res«dutions were ]>assed :J 7. That with a view to exercise a strict supervision over the printing e\j»ense> of the Synod, be it resohed : (1) That there shall be a Printing (Jonmiittee of the Synod appointed at ea(di session thereof, whicli shall be resj)onsible Ibr the printing of all documents jind papers, and shall .see that the printing exj»e!ises vi' tlu; Synod be kept within rea- soiudjle boimds, (2) That all printing for the Synod, its Officers and Conj- mittees, shall l>e b\ fendei". addressed to and accepted by the Printing Committee. 16 234 BOOKS AND TRACTS. i m (3) That an arrariireniont ho made l>y the Printinjy Cora- mittee to fi>nvard to each inemlter of tlie Synod a slip con- tainin*r official notices and otlier intoruiation. — Session of 1871, page b9. [Note. — This committee made its report to the Synod in 1872, wliich was adopted (page 51). On motion of Mr. Snelhng, the foregoing sub-section (2) was amended as follows :] S. That all printing for tlio Synod, its Officers, and Com- mittees, shall he executed hy a person to he apjxiinted by the Printing Committee, suoject to a scale of charges to be adopted by it ; and that the i)erson so to be api>ointed provide a surety or sureties for the due ])erformance of his work, according to the prescribed I'egulations of such Committee. — Session of 1872, page 60. i;i CHAPTER Lll. ^aoltsi and ZvmH, [Note. — In 1857 the Rev. Prov^ost Whitaker presented a memorial from the Church Society to tlio Synod, praying the Synod to provide books and tracts for parochial distribution. The nicinorial staled that the following resolution had been adopted by the Church Society :] 1. That this Society do hereby memorialize the Synod of the Diocese, praying that a Committee of Synod be appointed to report during ti:e j)resent session some plan for providing the several parishes and missions of the Diocese with books and tracts for parochial distrilnition,and for the use of School Libraries and Sunday Schools. Your memorialists therefore pray that a Committee be ap- pointed in accordance with the terms of the above resolution. — Session of 1867, page 27. [Note. — In compliance with the request of this memorial, the following resolution was passed :J 2. Tliat the memorial of the Church Society be referred to the following committee: — The Yen. the Archdeacon of Toronto, lievs. Canon Peaven, A. Williams ; Messrs. C. J. Campbell, J. M. Grover, and the mover. — J hid, page 28. [Note. — The committee appointed brought in a resolution, which was adopted, as follows :] BOOK8 AND TRACTS. 235 Com- con- 011 of 1872, g, tho Com- jy the to be rovide work, ttee. — lemorial provide lied that icty :] •nod of lointed i)viding 11 books School be ap- )lutioii. jrial, the ^rred to Icon of C. J. 128. which 3. The Committeo to wliom was referrod tho memorial of the Church Society of the Diocese, oti the siil)ject of providinsj; books and tracts for the use of tlie cler«::v in tlieir several parishes and schools, Ijejjj to rej)ort tliat they liave good reason to believe that a satisfactory 5iriaiiT, page 5S. [Note. — The Chuivh Society liavino; hoconie merijod into tho Synod in 1869, the Synod, in its new Constitution provided tor the appoint- ment of a Book and Tract Conunittee, whose duties wore detined to be similar to those of a coiinnittee of the \i\\v. Cliureli Society of the same name (page 88). In 187o, the Constitution was revised, and the Committee was combined witi. that on Sunday Schools. The part of the CoMstitution relating to books and tracts is as folUiws :] 4. It shall also be the duty of the Connnittee to manage the Book and Tract Department, as tlie same was conducted by a special committee of the late Cliurel) Society, or under ;'ny regulations which may hereafter l)e adopted by the Synod for the management of the same, re^wrting annually to the Synod the condition of the said dejKirtmeut, both in relation to its stock of l)oi>ks and tracts, and the funds of the same. — Session of 1870, page 1)7. [Note.*— Tlie Committee reported at caoh of the sessions of 1870, page 191, 1871, page 147, and 1872, page ;H0. The following regu- lations of the Committee were also reported to the Synod in 1871 and adopted : GRANTS TO PARISHES Oil MISSIONS. I. A Jf^irst Grant of service books, bibles, prayer books, and tracts will be made to any new mission or congregation in the Diocese, to the value of from $2 to $G, at the discretion of the Committee. II. A Second Grant will be made to any ]>arisl), mission or con- gregation, to the valup of double the amount, in hooks, of any sum not exceeding ten dollars which may be received trom such parish, mission, or congregation. III. In all cases, before aid can be granted under these regulations, it will bo necessary for the parties applying for such aid to tnrnish the Committee with the following, among other items of information, on a form to be provided, viz. : (1.) The name of the parish, mission, &c., and of the officiating clergyman. ■^^' 23r> WIDOWS AND oRIMIANft FUND. (2.) Tlif cstiiiiMtc.] iiimil.rr ..f |.('i-si.iis fMinposinQ; the conirrojT.ition uii Ix'lialf i>r u liii'li till- a|>j)lii;ilioii is iuanirn"^^ali-'n ua-- cstaMislu'il, antl wlit'llicf tlif parish or mission was Ix't'orc ai, at the s appears to exist in regard to the l)\ - laws which have heen adopted hy the ("hureli Society, and sanetioneil hv the 1 >ioi'esaii S\ni>d, we can oid\ make the ru||o\vin<;' reli'i'enc*' t't the suhjeet, vi/. : Session <'t* I S(;n, pa^i*' iMll ; of I NO | , pa^es L'VCi, I'TT. 2mV-'J80 ; of lsr<-_', p:m-es ic, 1 7 Vlnin-h Chrouir/i toV 1 sG:!, j.ar I SC. t, pa<;es :.(> anr,\ lor lS(>r., paoo 17s. I [XoiK. — In Jsti!), on niiitionot the Ke\. I'roNosI \\ hilaker, llie tollttwino' rebolut.ion was passed] I. 'I'liat till' lord ni^lmp Ik- rospi-c-ttiilly ircpic-lcd to ap pdiiit (as a ( '«»iiiiiiitl('(^ (d' Synod to report diiriiii;' the present si'.->ioii,) a i^jMciid ( 'minittee reeeivod lt\ tlic ( "luiivdi Societv, Tin* said ("oinmittoc hoino' const itiitc(| as I'olhtws; — Rex. Canon Ualdwin, \lvv. II. (J. Cooper, Uov. W. 15ell, Messrs, S. U. llaiinan, ('. Ma£irath, K. (t. O'nricn, and the mover. -Session »d' ls<;i>, pan'e 51>. [NoTK.— In 1869, the name of Mrs. (Jriuil was a), on the iueorpora tion of the Church .Society with the Synod, a new constitution of the Svm d was tempoiarily adopted. Seetion 21 relaleJ to the VVidi>ws and Orphans' Fund Comiiiittce, as follows:] .;-.:>■ i^i WTDOWfl AKD ORPHAJTR' FTVD. 237 re II i\v it>r I);is(m1 iiitliv III. O. Ith, V. list of ll.cr. - Irpor.i lot" thf itU>\vs 2. Tliu TVi(I^HV^^ (I f)ruli;ins' Fund ('uinmittcc hIihII consist of tour (M»'ri;>m('n anu f'oui" LaynuMi, nirniln'i's of tli(^ Syn«t«l, uliu sIimI! he cliai'trrd witli flu' cart" ol" tln' Widows and ()ritliaiis' Fund of tlic late Cliun-li Sueirty t>f the Diococ; to wlioiii all <'l;iiiiis for jtciisioiis to Wid.ows and Or|i|iaii> ol tlir (Mci'ijvoi tlic Dioccso sliall ho rct'dMTi'd. and l>y wliom tlicx \ laws of the Wi(k»ws and Orphan^' I'lind >>\' the lateC'hnreh Society (\»nnnittee, «»r to any Uy laws adopte !»«' the dnlv oj" the said ('onnnittee to make annnall\.to the Sxnod, a detailed report of r he state of the Knnd : spccitXinn its mm r:d .-ecui'ities, the amount td' iiicoiiic they I'ach and all yield, the iimnhiT of Widows and Orphans on the Kund, and the anionnt- which they se\ei'ally rer-eive. — Sejisioii t»f |S(;',>, pages 50 and 87. |\oTK. — III ISVn, the Coiistitiiti.iii ..f tlif Syno.l \v;is aiiiotirplians' Fund and The«doi::ical Stiidenl> I'^iind Comniittee shall e(»nsist ot >i.\ < ■|er;;ynien and si\ [..-lymen, inemhers of the Synod. \\li'> -Irdl he (diai'oed with the can* of the \Vii|ow> ;ind ( )rphan>' Fund of the late Church Society of llie l)iocese, f.> wlmm all claims for pension^ to Widows ov (M*ph:iii-^ of the ('lei"L'\ <•!' the Hioccse shall he referred, and hy \\hom>iuh (daini> -li.dl he ro\al of (he Itishop, accordiiii; to the Tivdaw of the late (Miiindi Society ijo\erninir tl«*' adminislra- ti<»n ot' the said b'lind, or according" to any I'.ydaw adopted -uhse«piently hy the Synod, ll >li:ill also he the diitv ot' the d ("visioii lor the duo adininistnition of the Widows and Orphans' Fund. The preamble and the first clause were read, and adopted, after which the foilowiuy; resolutions were passed :] 5. That the By-law of the Coniniittoe to make piovision for the due admiiiisterinir of Widows and Orphans' Fund be reconnnittelication of Mrs. Ar^lairh ]»e aci-eded to,^!!!*! that she receive the usual pension allotteil to Wi(U»\vs of Clei^ymen, on making the usual tleclaration re«piired. — ISe>sioM of 1870, pages 47, 48, 160, [Note. — InlSTl.tlie Connnilteo presented their annual Report, which w:is adopteiL — (I'a^es 40 and 120). The l>y law wa.s also brought a^^n l»efore the Synod and adopted as follows :J 7. Wiiereas l>v the Act of the Letjrislative Assembly of tlie Provinre of Ontario. i>assed in the 32nd year of the reign of Her Majesty Queen Victoria, entitled ''an Act to Incorporate the Syn«Hl uf the Diocese of Tt»r«»Mto, and to unite the Church Society »»f the Diin-ese of Toronto therewith,'" all moneys and property hehl in trust by tlie said Society for the beneiit of the Widows and Orjthans ol Clergymen of the Diocese, haye been transferred to the Incorporated Synod of the same. It is therefore !iece>r-ary to make such amendments in the Bvdaw of the -aid Churcli Society for the administering of the Wiilows and < )rphans' Fund, as are requ red in conscipienee of the ]>as>ing ••!* .he aforesaitl Act, as well as other alter- ations now deemed by the said Synod to l)e exi)edient. JSe it therefnrt enacted as JoUoics :— The saiil Fund shall consist a> heretofore of all rents, issues or prolits of lands or tenements now held, or that may hereafter be given for the relief of the Widows and Orphans of Clergymen, ayd of all moneys and securities of wliatever kind, now held, or that may hereattcr be given or granted for the same purpose, unless special j^rovision be made by the grantor or donor of the same for the di^tiibatioD thereof WIDOWS AXD ORPHANS FUND. 239 on. — same idows read, :1 vision nd be may I that d Mr. of the cation i usual 1^ the 8, 160, Report, ('a.s also of the ieioun(l interest thereon at the lejjjal rate, shall bedetluct.' I cither from the first paynient of annuity to be made to the Widow or Orphans of such Clergyman, or by instalments from successive pa;, inents of annuity, as the C«3mmittee of Svnod for the administration of this Fund shall determine. 3. Each Clergyman, whether Rector, Incumbent or Travel- ling Missionary, having cure of souls in this Diocese, shall observe the directions, from time to time, given by the lord Bishop, or by the Synod of the Diocese, in re-^pect to the annual ctdlection to l)e made in all churches and stations, for the Widows and r)rp!i;ins' Fund ; and it siiall he the duty of the aforesaid Committee to st'te. in their Annual Report to the Synod, the name- ot" all such Clergymen as may have ouiitted to make the said collection. 4. A Committee shnll be a])pointed annually by the Synod for the care and management of the Widows and Orphans' Fund; which Committee shall liave full ])ower to transact all business relating to the investnienr and improvement of the same, and to grant annuities according to the terms and con- ditions of this By-law; and no matter connected with the management, investnu nt, or approj>riation of the said Fund, shall be decided upon l)y the Synod till it has lirst been sub- mitted to, and reported n)»on l)y the said Committee ; and such Committee shall rej>ort annurdly to the Synod, making a full statement of the condition of tlie fund, the amount invested, and the nature and proceeds ot' the investments, the receipts from collections in ehnrehes and stations, from the annual pay- ments of the Clergvmen, and tVom all other sources ; also of the annuities paid and granted within the past year, and the expenditure within the same period. 5. From and after the passing of this By-law, the Synod will pay to the wiislio[> of the Dioceso, (>!• to the ehihlreii of such (Merir.yiiuui, such uiiiiiiity lis the stjite of the Vnm] will tulinit, in acM^ordiiiU'e with the scale hereinafter ])n»vided, and subject to the provisions of the secoiKJ section o\' this By-law ; the said annuity to he payable in four equal (juarterly iuhtalnients on tlu' iirst days of JanuaiT, A]>ril, July, aud October in each ami every year, anni the day of the death of siu-h clei'ji'v- man, or fn>n» the day on which his stipend from tlu' [)ublie, funds of tlie Church shall have ceased: provided that an aj»- ]ilieatiou for the pension, in the form andmannei- reeriod shall have elapsed, then the annuity or annuities, if o'ranted shall com- mence, ami be i^iyablc. from the ([Uarter-day newt ]»reeedini;' the day on vvliich sucii a]»])licat ion shall have been S(.) lodged; and >ur\\ annuity shall be continued to the widow during her natural lite, or so long as she shall remain a widow, and con- tinue to be entith'd to the sanu' under the ]tr(»\ isions of thib By-law. And in cas(> sui-h \\idt»w shall, at her deatli or re- un'i-riage, have childien by hi-r late husband, an annuity shall he ]»aid t(» the guardians ol such children in accordance with the said scale; pi"o\ ided also, that all annuities shall cease from the quarter-day next preceding the nun riage of any person entitled by this By-law to any such annuity. ♦). All moneys in tlie haiuls of the Ti'e.isurer, Avhich may not he iH'cjuired to nu'ct the animities payable to the Widows and Oi'phans of the Clergy, shall be, ihm\ time to time, per- nu\iu'ntly invested in sonu' good and suHicicnt M-curity ; and in no ( ase shall capital be a[tplii'(l to the [tayment of annuities. 7. Every Avidow of a clergyman, or the gmirdian <»f tlic or])hans of a clergyman, shall, in order to obtain an annuity from the said Fund, a}»i>ly hy a memorial, addressed to the Widows anrted by the recommendation ol" the lord Bishop of the J)iocese, and of tw<> or more incumbents w itiiin the same, setting forth the time of the decease of such chigy man, the name of ins widow, and th(^ names and ages of liis childien, together with a state- ment of the income of such widow or oridums from all sources, which memorial shall be taken into consideration by the afore- said Connnittee at their next meeting after the receipt of the same. i-i'.fiir y.u« . . • - • lu WIDOWS AND ORPHANS FUND. 341 ' the luiity h the of tlie iViihU^ L)S of year, •leri>-y- piihlie an :i\>- ivd I'.v ivtiirv- (k'iitli I have II (M»ni- H-edinu' i)(li;t'u- of this 1 ov re- t V shall (;e with I cease (.f rtiiy ■h may iVidows lie, ])cr- k ; and Inuities. (.f tlic |innuity to the [ted by Ise, and Irth the hvi(U)W, [i state- [oiuces, aiore- of the S. Everv \vid«>\v heintr an annuitant on tin- Wid-»\vs and C)rj>lians' Fnml, ami the jji^nardians of or])han^i :ninuitant- «>ii tlie same, sliall ([narterly, before reeeivinij any jun'tioii <>!' an annuity, inakr one of the foUowinu' di'chii'atioiis in tlie jtrornco \ti' a cleriiTnian or maijistrate, which declaration >iiall !»<• at- tested bv the ( leruvman or nniiristrate before whom it is made: DKCI.AKATION TO UK MADIO I5Y A \VII>oW. T , do liereby declare that I. am the widow of the late IJeverend ; that I am cntitltMl to an annuity fi-oin the AVidows and Orphans' I'^nnd of the Synod of the Oiocese tA' TtM'oiito ; that I am still a wihans'' Fund. Sijxned before me, Name. Description. Ri'sidence. l>i:CLAKA HON lo HK MADK lO IMi: •MornF:K OH '.lAKOIAN oF cnri-OKKN. I . hei-eby declare that I am llio duly apj»ointed ;.;uardian ol the children of the late Reverend . whose nanies and aucs are respectively written bri..w : that they are entitled t(» an annuity tVom the Widow- ami Orjtiian,-' Kiind of the Synod of the Diocese o!' Toronto; anourees (not inclndiui;' wa{j;es earned by any of them, or annuity from the Widows and Orphans' Fund), has been S . Names It/ Children. Age )u,rt ItirthdiUj. Siucned before me, TS'ame. Description. Residence. 'WO t). Every widow witli^^private in(;ome, «tr with a pri\at(< iiicomcMiot exceedini:; four lunulred dollars, shall In.- entitled to an annuity on her own behalf of tw«» hundred dollars; and f-lionid tlie private income of any widow exceed the sum of four hundred (h»llars, such annuity shall be reduced by the amount of tin; ]>rivate income of such widow in excess ot that sum, so as t(» be extinguished in any case in wliicli tin; private income «»f the widow amounts to six hundred dollaiv. 10. Every widow having children shall, in addition to the above, he entitled to an annuity on their behalf, as follows, \m^!^ 242 MIBOELL^J^OrS AND TEMPOBAST. viz. : for one child, eighty dollars ; for two children, one hnn- dred and forty d(jl]urf^; for three children, one hundred and eighty dollars ; and for four or more children, two hundred dollars; and in the event of a clergyman deceased leaving children, but no widow, or in the event ot the death or re-marriage of a widow, such annuity shall be paid to the lawful guardians of such children, provided that all such annuities shall cease, in the case of boys, on their attaining the age of sixteen years, and, in the case of girls, on their attaining the age of eighteen years ; provided also, that such annuities shall be reduced to the extent to which the income of such orphan or orphans from other sources shall exceed the amount of annuity herein named respectively. 11. Should the Fund at any time be insufficient to meet the demands upon it, it shall be the duty of the Committee to make any reduction in the amounts paid which may become necessary, by reducing first the amounts paid to Widows or ( )rphans with private incomes, and the amount of such reduc- tion shall be in proportion to the amount ot such private income ; provided that no reduction shall take place which shall reduce the total income of any widow or orphans below the amount which wouLi be payable to them were they entirely without private means. — Session of 1871, pages 49 and 184. [Note. — Tiiis b^-Iiiw was confirmed in 1872. See page 44 of Synod Report for that year. The repurt of the Committee was also adopted, page 50.] CHAPTER LIV. L— THE LORD'S DAY. jNoTK. — The late Bishop Strachan, in hia charge delivered in 1866, referred at length to the tendency at the present day "to undermine the sanctity of the Lord's Day," of which he gave several illustrations, and declared it to be our duty, tlierefore, " to resist to the utmost of our power the slightest approaches towards the desecration of the Lord's Day " (Charge of 1856, pages 2G--28). At the Synod held in Toronto in 1858, on motion of Rev. R. V. Rogere, the following reso- lution was pas»8ed : 1. That this Synod desires to sympathise with the renewed efforts of our Mother Church to secure the better observance i 1 MI8CELLAXE0DS AKD TEMPOBABY. 243 jhnii- i and ndred javing ith or to the such Dg the aining imities f such imouut meet ittee to become lows or 1 reduc- private I which s below entirely nd 184. )f Synod idopted. in 1866, Wlermine krations, ptmust of of the held iu lug reso- fenewed jrvauce of the Lord's Day ; to record its deep conviction of its vast importance to the well-being of religion, and tliat it h\(\> (tod's speed to ilitse ami all other ctForts to secure the ines- tiiiuihle ])rivihi>;c of a whole Lord's Day to every one of the human family. — Session at Toronto, Juno 1858, l)age 68. [XoTE. — At till- Kiiifrston Synod held during the same year, on motion of Rev. 11. \'. Rogers, it was resolved] 2. Thar u conmiittee be appointed to take into consideration tiio several laws of this Province respecting the observance of the Loi'd's Day, and report to the next meeting of Synod. — Session at Kingston, of 1858, page 147. [Note. — In 1859, the committee al»ovc named hrought in an flahoratc rt'ixirt on the state of the hiw relating to the Lord's Day (pages 00-9;')). Tn 1860, this report of the committee was adopted, ,ind the following resolution was passed :] .'}. That the religious ohservance of the Lord's Day is a matter of tiie last importance to man's highest interest for linie and eteiiiity. and that a committee be appointed for the l»inj>'>se of watching over the proper observance of this most iii4>ortaiit institution, in a day like this, when its sanctity is >o enenjached on, and when attem]>ts are being made to underiuiiie aiiiinnittec was appointed, hut in 1861 the subject did not (1.1110 hctoiv the Synod. In 1862, nothing more w;is done in the niattei- than t<» submit to the Synod a letter from the Secretary of tlie Kingston Sabbath Reformation Society (pai;e 15, and appendix C). Ill ISOo the (juestioii did not come up, but in 1864 a motion wa.s made to })otiti«>n the Legislature, praying tor the closing of the canals on tlic Lord's Day. After some discussion the following amendment to the original motion was passed :] 4, That it is UTulesirable to approach the Legislature with a ]»etition for additional legislation or subjects which only ivsoil th;it:] 1. A request to his lordship the Bishop be made, that a day be set apart, both iu seed-time and in harrest, for the purpose 244 MISCELLANEOCrS AND TEMPORARY. »»!' Hiorecs|)('ciiilly askiiii»: the Divine Mcssiiio- on the labours of the hiisl'jiii(hiinii ; mimI tiint he will ;ij)|)(»int siiitahle ])raycrs to he then usim!, in addition to tlic^ orch'narv servic "I'tiie day. — Sewsion n\' 18(io. ^ai^'e lst>. INoTK.- li: IS(;s, Col. OM'nicti hroiiglil, the nuittcr hrt'orr Llie S\iio(l ;ia;iiii in ihc form of tho iollowiti'.'- iCvSohitioii : "That a iiiciint- rial ho nddrcssril to the Li(Mitoiiant (Jovcnior in ( 'oiiiu'il of tiir Frovincc ot' Ontario, praviiii;' tliat some oiif Sniiday in seed time; and anotlicr in harvi'st-timc, he set apart or nanicil. un wliirh day all con^rt'iialions may join, ca^di in tlicii- own distinct'uc lorm and manner, in snitahlc |)r:i\rr for (-Jod's Mcssinj;' on the work of i lie liushandman ; also, that a ronunitttM' Ih' iianuMl to ohtain, nndcr his lordslii|'' dn'cction-;, the I'o operation of onr sister dioceses, as well an tliat ol all others ^sillin^■ to join in the matter." 'J'lic motion was, however, withdrawn at tlu> snu'^'estion of the liisjioj), on the i>'rouiid of its heiniji,' iin|»ossihle to e'lin the eonenrrenee of the (Jovernment. (Session of I StiS, |>aiie (>!>.) In 1871, the Rev. J. li. Worrell iiiti'odnced the fojlowinii' resolntii>n: "That the Secretaries of the Synod, under direction of the lord Bishop of the Diocese, he instructed to correspond with the lord r»islio]ts of Huron and Ontario, as well as the \[o(h'rators oj tlu' Presbyterian Synods, the Prisidents of the M(;th(tdist < 'oiiferi'uces, and the Chairman of the Conore^ational Union, and t!ie J^aptist CJlinr(di, in this Province, to endeavour to ohtain unity in t>l»ser\ in^' ;i National Day of Thaidi;i\ iiii^' for the Messino- of liarxt'st. — Session (d b'^Tl, ^>ai;i' <>S. ]\oTK. - In I SV'J, the matter cauie up ai;ain ni the t'oini of a letter I'roni liev. Dr. burns, the <'onvener iA' a conimiltci' (>n the suhject <»f the Synod o| the Church ot" Scotland, ^ati'iiestinj;' that a follows :| ;>. i hat the lloiioraiy Seeretaries. under tlie direction of the lord Ibsiiop of the Diocese, b(> instructed to e«»rrespond with the authorities ot all ('hrislian hodios in this I*rovijice, as last yejir, with a view to ohtain united acdion in obser\ iiiLi; a iS'ationa! Dav ' li. MTSCELLANEOrS AND TEMPORARY, 245 ours ot' n'iiycrs he (lav. on- lilt" I iiicnio- 'rcviiH't' .•uiotluT jso, that ion-^, t he- 's \\illin;j; M at tlu' ssililf to jiaiiti <•'.•.) solutii'ii : the iDVfl \]\v lonl •s oi tlu' itV-n'iK'cs, .' JJaptist (sserMiiu; a ' 1 1 was under ll(ti'isho|> Strachaii's chariic, (KdivcM'ed at his priniarv visitation in l.stl, and ul his tricMnual visitation in 1M44, ho rotbrrod at some h-ii/^fth to tlio ]>ro('et'a;i,cs Ki-tS. and (diarije ik^livered in 1S44, pai^es 4S and oS.) •2. liiibrintl Chani/eN and Oxford Mnrement. — In his chai'ni' of Is47, llie T;isho|t rciferred to "tin- disputes whi«di at jireseiit troiiKh; a trw sections of the Church, as to <'ertaiii . (forhirin (Uisc. —\\\ his isho|», referiiiin' to his recent \ isit to Hn^land, speaks strf»nij;ly in regard to the (iorhim case, "and deprecates the decision of the Trivy (lonacil (Committee on the suhject." See pao;cs 10-1 \ of his chari;-e ot IS.M. 4. A'ssdf/N and h'ci'iiirs. — (See section "J, of the next division (l\'.) "I' this Chajdcp.) ">. Colensn llcrisy. — (See section I of ditto, ditto, and llisliopV ijiaro-o of I SOO, pao-e I 7.) ti. Judiiriiciif ')/■ thr I'r'nuf Council. — In Lis cliarge of I SOT), the I'lishop states lliat 1Ih> iaii' nidiap[>y jiidjjjment ol the I'rivy < 'oinicil "scarcely ton* lie,-, us," and refers to its condemnation 1)\ the ( 'onvo- Mications of ( 'anterhnry and \ ork, (See cjiari^e of ls(;r», pau,e 14; SCO also the 15isho(»'s ('haro'e of |s7l, j^iLje I'S.) 7. Revival of liitnaliani. \\\ his .diarye of istWi, the Hi.sliop l.riilh n iVrred to " the excitement in Kn^lami, in res|>e.i to the revival ol liliialism," (see < 'liaru'e, p. I S ; see al>o pp. iriO-h*.«.> ol'ihis .i.mpilatioi.. Ill his idiari;c of I .'-((>7, the coadjutor l»i>hop ol Nianara, (tlie pro.eni ilisliop of Toronto) also relerreil at li-ntrth to the agitation in iMiol.uid, '•.iiised hy tln^ eliort to ■' inlrodnce unaccnstoiued and iniaiilliori/ed |iiailircs into the ser\ iiM-^ of the ehnr-di," {f-ii' pa^•es hi and I'l.) Ill his « har^■(• ..r I sr.S;, the present J'>i>lio]i of 'j'orunlo au'ain rei, rred III iIm' sann' ^n^i(■.•|, (see j>a^'es 21-li2,)aIso eharj^e of is7l,paii;e I'tt.) !^. Pan-Ana/ii-ai). (■onuril. — For reftjrenee to the proeeedinos ot" tlii.-^ I'"fly, see Bishop's tdiarocs of I 8<;7, p.-ii^e IS, and of isr.f=f, |)aw-(r I'J. '•>. >SVc;v7 Soficiii'X ill t/if Charcli. — 'I'he IVishop in his charo-e of 1871, strongly deprecated the exislen«t Jo 246 MISCELLANEOUS AHD TEMPORAKY. 10. Observance of the Ruhrirs. — "On llio (jncsfioii of adlieroiu'o to rubrical direction in the conductinix of ))ul)Hc worsliij)," tlie I)isli(i|» oftered his "own opinions and re('oinnit'nishoj)V address of 1860, page 17, and the coadjutor J^>isliop of Niagara's address of 1867, page 16, and of 1868, page 21.) [Note. — With a view to counteract the evil tendency of the per- nicious teachings of the notorious "Essays and Reviews," and as a solemn protest against their heretica' docirines, the following document, known as the " Oxford Declaration," was signed by the r>ishops and clergy of Canada in 1864, and transmitted to the Archbishop of Canterbury. See Church Chronicle for June, 1804, page 47. The deistical character of the " Essays and Reviews" was fully exposed by the Bishop, in his address to the Synod in 18(54. See pages 11-13 of the proceedings.] 2. We, the undersigned bishops and clergy of the United Church ot England and Ireland, in the riovince of Canada, hold it to be our bounden duty to the church of England and Ireland, and to the souls of men, to declare our llrm beliel' that the Church of England and Ireland, in common with the whole Catholic Church, maintains, without reserve or qualification, the inspiration and the Divine authority of the whole canonical scriptures, as not only containing, but being the Word of God; and further teaches, in the words of our blessed Lord, that the " punishment " of the "cursed'' equally with the "Life" of the "righteous" is "everlasting." — Session of 1864, page 27. MISCELLANEOXrS AND TEMPOS ABT. 247 I'cnoo to iti's"an' sonil>lei*iatod to r(irciel in Foiviijii parts, with a siiirir<'>tion to the veiierahle society, tliat it he api^ropriated si»ccialiy to the cause ot Christ in In, pai^e 27. |N'()TK. — This olfertory colKclioii anioinitcil to )[54;)i).15, (pajje 8('», i(t|, ol' l'i()f( ctliiij^js.) It WJI.S tiiuisniillcd to Loiithm and ackiiow- l()(lt' tills hidccsi', c.vprosiiii; the wish ot' tin^ liishoj) of Calcntta to oldain the help ot' every friend of the .Anglican <.'liiii(di in the ooi;versi(»n t>f 'J(»(),00(»,<)00 of heathens in that eiMintry," etc. * * * "I lay the iiiterestiii'i,- siihjeet het'ore the Synod, helieving th.it it will en^•;ll;e their earnest coiisifjerat ion, Hn aii<» :'.(').) in aeeordanco with this siiufgestion, the Syn.)d, on motion of the |{e\. \V. T. Siiiithett, re([Uesled the llisiiop to nominate a Com mittee oil lAtrei^jn .Missions in India. This hi' did, (paj^e ")0.) The loiiiiiiittee presented ;i report, which was adopted, (pai;es 54 and G-.) VI.—TIIK CIILIiCJl IN IRELAND. ' [NoTK. — <>n motion of Rev. Dr. Lett, the followini; resolutit)n was adopted in 1 f^.'«;> : | 1. 'IMiat we, the (Minrch in the Diocese of Tonmto, in Dio- cesan Synod }isseinhle«|, take the Hi'st o]>p(»rtunity whi(di has presented itself to «»tfei' to onr holy ni(»lher, the Ignited Chundi of Kiio'land and lr(dand,oui" lu-ai'ty cono-ratulations on the o;reat in«trease th<' C'hnndi has rectMved hy the return of those to the Mn<-ient (diurcdi o\' Ireland wh(» had (Mnhraced the errors »d' Itonic ; and w<' sii'e to ascrihc thaid he i'e(|ueste(l to coiniuuni<'ate these our ct)ni»rHtidati»»ns to the l*riniate of all Ireland and the other Archhisho|»s.- Ses • ii of 18(>I>, pai»e li>. [NoTK. — In If^.')?, on motion of the Kev. Ii. V. Koircrs, the Synod eoncnrred in the following resolution : | 2. AVhereas the seal of (Jod's approhation has heeii plaiidy set to the lahours of the various instrumentalities in <'oiinec- tion with the lidted Church «)f England and Ireland, and in the Held of uiis.sions to lioniau Catholics in Ireland ami in Canada east, this Synod desires to sympathize with our fellow MIBOELLANEOrft AND TEMPORARY, 249 icli lias iinrcli >n the those h errors Vatlicr, \\\\ out Alii] these |r other Sviitul hhiiiily htlllU'C- |:in*l ill \niu\ in fellow lahourers, und to assure them ol the ]>rayers of tlieir hrethren of tills Synod, ami wish tlieiii God speed. — Seaisioii of 1857, pages 21 and 23. [Note. — In 1868, the Bishop broujjjht the siihject of the proposed disestablishment of tlie Irish Chiinih before the Synod, ex|)ressing his reofret at the "fierc «»nsljiiiti;ht upon the braiirh of tlie United Church of the Kealm, established in Ireland, and tin; determination to strip it ot its endowment," (pay;o 22). In resjionse to this refer- ence' to the Irish Church on tlie part of tlia Bishop, the Synod, on motion of Rev. Dr. Lt'tt, adopted the following resolution :] 3. That petitions he presented to the (iueeii and lioth Houses of the Imperial Parliament, |)rayin^' thai \hr threat- ened measure to eontiscate the pro})erty cd'the United Chureh of Eniir petitioners have heard with deef regret that a measure has been introduced into your Majesty's I'arliameiit purporting to be for the dis- establishment of that portion of the I'nited Churcb of Engiainl and Ireland, winch is situated in h'e' id, but- the real etfect of whi(di would be to Co; lisi'ate tliose propeities and endowments which havi; been, from time iniinenutrial, soI( imdy dedicated to sacre<] purposes, and were umpiestionablv hers long betbre she was subjected to the See of Rome in the 12th century. That vonr petitioners, as mem- bers of the United Church of England and Ireland, deprecates in the most solemn but respectful manner the proposed spoliation. That your petitioners believe that the measure will wliolly fail in accom- plisliing the end proposed, viz., the pacitieation of Irish discontent, and the propitiation o\' disloyalty : while on the other hand, it will excite the most bitter strifes and animosities, and leave wliollv ex- posed to the aggressions of Rome, our I'rotestant brethren in remote districts and weak parishes. That your petitioners believe also that in the words of the leadiin; Roman Catholic organ in Canada "the destruction of the Irish Protestant ^urch is the capitulation of the 17 250 MI80ELLANEOC8 AND TEMPORARY. Sebastopol of English influence in Iroland," and they feel that it will tend to place that country uimUt the control of a (!hurch that can never be national, as its Hiiprcine ruler is a fon.'iirii potentate and prince, whose policy is direcily antagonistic to those principles which placed your Royal House on the throne of these realms. Neither can ihey ciose their eyes to the fact that the assault un the property of the liish branch of the Church is, avowedly un the part of s(nne of its most strenuous supporters, «»nly the Hrst step towards the secularization of the revenues of the Knglish Church, as well a:, ♦hose of the Presbyterian Establishment of Scotland. Your petitioners therefore pray that the threatened measure may not become law, and that if any legislation be adojjted atleetmg the position and endow- ments of the Irish Church, it may be in tlie direction of such improvements in her internal arrangements as nuiy increase her efficiency. Finally, that all spiritual and temporal blessings may be given by our IJeaveidy Father to your Majety and to your Royal 1 louse, Uiinifeirulioiib, while the greater ■■Hi^.^ MISOELLANEOUS AND TEMI'OKART. 251 hat it at can i and which Neither operty [' some is the : ♦hose tiouers iw, and endow- )t' such use her may be [• lioyal La, as in lotion of solutions ne, with and, this libishops, is now ill con. a danger lot' justice [Ity of its flectually argument the disen- iuccesfeful )uld only, I the facts; It realized Uy. when (r respects Colonial have been ^jts, are at le i^reater nambor of our parishes and missionH are of such £jreat extent that the strength and power of our Clergy arc hoprlcssly overtasked. — Session of 1868, pages 68, 59. [NoTK. — Farther, on motioji of Clarke Gamble, Esq., it was agreed to.] 5. That a copy of tlie resolutions, just j>as!iei8h(>|) of each of the DiocespH of Canada, requestinfj tlieni to submit the same totbeirre speetive Synods for their eoiu'urreuee. tliat the liearts and hands of our sutferin*; brethren in Ireland may be streiiL'th- ened uuder the cruel trials ru)W alHictintr them. — Ibiress its grateful thanks to his lordship the Bishop for the ]U'otest which he was jdeased to make in his address, against the ]»ernicioU6 writings of the Bishop of Natal ; and also express the hope that the Church in this Diocese will, both in private as well as in public ]»r;iy('i-. give increased devotion nnd thougbtfulncss tothat sui>plication m our Litany, wherein we beseech t«,> be defended from "all false doctrine, Inn'esv, and schism." — Session ot 1868, j^ages 16, 18. [Note. — In 1865, on motion of Rev. Provost Whitaker, the follow ing resolution was passed :] 2. That his lordship the Bishop he requested, on behalf of this Synod, to communicate to the Right Rev. the Metrop(ditan of Capetown its deep sense of the service which he has rendered to the Church by his noble (fefence of Christian truth ; and to assure the Anglican Church in South Africa, that the utmost sympathy is very sincerely felt for then) by theii- brethren in the Diocese of Toronto. — Session of 1S65, page 53. [NoTK. — In his last address to the Synod in 1866, the late venera ble Bishop Strachan thus referred to this subject : — The Metropolitan of Capetown, after long forbearance, has at length adopted the ]>roper 252 SOSCELLANEOUS AND TEMPORARY. course, stronji and fearful as it is, and wliiili, iiideod, was the only one open to vindicate the truth of Gud, and arrest horesy and schism in their most aiXgravate^i rorra. The parti«(ans oftlic deposed bishop are almost exclusively persons outside the Church : shewing, by their advocacy of hi* errors that truth is not so pro(!ious to them as the dealing of a blow at the unity i»t' a <'i)ininunion, of whose influence they are jealous But tnith, we feel pcisuadfd, will ultimately prevail. We may have trouble for a season, but in patient adherence to peace and order, we shill at last enjoy the trinnipli oftrutii. In tl:e mean- time, the Metntpditan of our South Atrican (hnrih is entitled to our deepest sympathy and grateful aeknowledijincnts tor the noble stand he h;i.s made in behalf of our holy catholic faith. I>ut while we rejoice in havini; sm-h intrepid defenders ..t our rcl'iLjion among us, let us not omit our ramest prayi-rs for the deposed bishop ; but sincerely suj^pli- eate the God of gitspel truth anectfMlly riMjiicst liis lordship the Bishop to adopt tiiieh means, as ho (Iceins most iittiiig, to obtain tlie removal ot thote disabilitios wliitdi exist, or aie sup- posed to exi^t, in the ease of tlu' clergy onlaiiufd in the United States, which prevent their being received into tliis diocese on an equal tooting with those wlio j)ussess English or Colonial ordination. — Session of 1853, page 19, '' ■' MISCELLANEOUS AND TEMPORARY. 263 ilios of \vv still roverii- leriean )lonies. iJX'Ctful ariro of ip, for lllotioM rdsbip ing, to I e t^up- [j lilted I'OSC oil )loiiial [Note. — It was not until I860, that this disability was removed. In that year an Act, intended tt) reino>v! all doubts as to the validity of ministerial arts pertoimed in Canada by clergymen ordained by folonial or forei ehargi' of 1 S");?, the IVisliop thus referred to the matter: **L;i>t spring I deeiiu'd it my duty to bring the necensary diviftion of the Diocese a sLC(»Md time under the notice of the Council appoiuteil to arrange nu'asurcs in concert with Her Majesty's eeii appointed, reported in favour of" the formation of two addition;d sees, one east and the other west," and the establisliment of an episcopal fiiiid, A cl.iuse in the report recoiimiending *' that the selection for the increased episcopate should be made from the clergv of the DioecNe" was struck out. The Bisliop w:i< reijuestod " to renew his exertions f'or the inuuediate di\ision of the Diocese." (Session of 1853, page IG.) In 1856 the "juestion had been biougiil hefore the Synod in the address of the Bish»»p, (i>age 0,) a resolution was passed to memorialize the Christian Knowledge Soeietv, and tlu' Committee of English Bish- op.s on Colonial Bi^hoprics, for a grant in aid of the Episcopal Fund for tlie new Diocese of Huron, This was done, (page 37). (A Report from the Rural Deans on the Endowment Fund will be found on page 22-23.) In his af Bishop \^;^s held, when Rev. Dr. Oonyn was chosen. To this electio.i the Bisliop of Toronto ret'erred in his ad passed during the same year:] 1. That a Conmiittt'o be appointed t*) draw up an address to the lord Bishoi), Clergy and J^aity of tlto Diocese of Huron, on tlie occasion of their being neparated from us by being constituted a new Diocese. Session at Toronto of 1868, page 73, and seaeion at Kingston in tbc ^anie year, pages 130, 131. 264 MISCELLANE0F8 AND TEMFOBABY. [Note — A reply to this address was received from the Bishop of Huron, and entered on the minutes of the Kingston meeting in 1858, (pages 131, 132, 140). An address was also received from the Huron Synod in 1859, and entered t»n ihv. minutes of that year, (see pages '26, 27, annto refers in his address belore the Toronto Synod in the same year (pages 263, 264). Correspondence relating to the ne^ Diocese will be found on pages 268-270. An official report of the election of Dr. Lewis will be found on pages 276, 277. An ad- dress from the new Dio(;ese «>f Ontario, to the Bishop of Toronto, with his reply, will be found on pages 281-284. A valedictory address to the Bishop of Ontario was also authorized, (see page 305.) The MISCELLANEOUS AND TEMPOBABT. 255 ^'onsecration of the new Bishop (the first which took place in British North America) was referred to by tlio Bishop of Toronto it) 1862, (pajre 13, 14 of Proceediii-ij-*.) Tiie reply of the Bishop ol Ontario to an address presented to him, wi I l)e found in the Appendix to the page iii., see also paj^e 15 of Proceedings.] XL— INCORPORVTIOX OF THE SYXOD -UXION OF CllUROII SOCIETY WITU IT. [Note. — In 1860, a inoiion was mad i that a petition be presented to the Provincial Parliam»;nt, prayiii'^for an Act for the Incorporation of the Synod. In aineidinent, the following resolution was passed:] 1. That the restjlutioii, just iHDved, be referred to a com- mittee, to consider whether siieli lUiasiires cannot be adopted, under the c 'nstitation of the Syn')d, and of the Cburch Society, as shall provide t*)r tlie liann mioiis workinjj of the two bo "lies, without the neeessity of an ap[) ; il to the Legislature, and if such measures cannot he ado[)tcl, then t<» apply for an Act of Ine )rporation, if thev shall d-ien it advisable. — Session of ISOO, pages 178, 184, 188, and 201. [NoTB. — To this committee sever.il resolutions were referred. — See rat lUtes of 1860, |),iges 184, 193, 1U4. In 1864, the following reso- lution was passed :] 2. That a committee he appointed to collect infonnaion as to the wo; king ot 'he Incorporated Synod of Ontario, witii a view to the consideration of having ai incorporati«)n of this Svnod, to take the place of the Incorporated Church Soitiety of this Diocese, if the report ot the working of the I icorpo- rated Synod of Ontario be tavoirrable — Session of 1804:, page 31. [Note. — In 1865, tlii^ Coitimittee hroui^ht in a report, (page 28), which was receivel'roron{.) therewitli."— Session of 1809, pages 110-1 12.J !' ,ii L^.. Jli XII.— :t!«:LE(JATES TO THE PROVINCIAL SYNOD. j NoTK. — ''."lie I^iocesan and Provincial Synods' Aet of 1856-7, (see App»Midix to this collection,) h.ivino- provided that "The liishop?, Cler-iy. ai.d Laity of the United < "liurcii of En^Liland an-l Ireland, in this rroviiic. . may meet in g(Mieral assemltly within this Province, hy sn<'h n-prcv- itatives as shall lie dctcrinined an«l declared l>y them in tlie sev«ral liioccses, the following' resolutions were adopted by the Synod in 18o8 :J 1, As it i- most desinibk', for tlie well hoiiij; of the ('hurch ill tills province, mid essential to the liannuiiioui? and eoiitjist- eiit workiiijx of the sviiodieal Mction thron«rh its various dioceses, tint tliere slioiiUl he ;i general cimtndlinj; ]H»wer, aide]iops of the several Canadian Dioceses, in order that steps n:ay he taken as itnniediateiy as possihle foi' tin; foniiati«»n ol :t Provincial Synod, under the ])rovisions of tlie Act antliorizlni; the same in (^anada. Ami that repi'osenlatives from tlii- Di'M-ese, iiK .""). That hailot hoxes shall be ]»rovide(l to receive tlie votes «tf the cleriry and laity respectively. That upon each nuMid>er of tiie Synod «iep«»siting his vote, a mark shall be ]>laced ojijiosite his name on the roll by the si-eretary of the (»r the se(•retarier^ of the Synod, whose duty it shall be to i)re- serve tliem until tlie election of delegates shall he (•(•ini'lctcMJ, and then destrov them at the end of the session. — No. o. IJt'id. I Nt)TK.- -'! lie rroviiu'ial Synod is ''iirther rclcrred t«> intlic Mimites ot rrocr. dings lur 18.-^9, 1860, ai;d 1862, pages 8:5, l.-)l, l7o, 17'.>, L'<;8, 'JTO, I'yd, and :l()5. In 186-2, tlio following motion, in n ganl to tlic rro\in»'i;d Synod, ^\as proposed, viz.: " I'li.'it in tlic ivtiit ot' cir- (MunsiMni'cs jirising to pnvent ilic attendance of mmv ot tlie ddigatrs, clerical or lay, to the J'rovincial Syn«»d, thi'ir pla<'es sliali he sn|»- piic'd by llioso | whose names are] liiirliost npon the list of votes; and it shall he the dnty of !he delegates unable t'» attenu, to advise the Secretary of the Synod t]iere«)f in kXwq t'-nie, who shall then, under the dircetioi! oi Ins loidshi]* the Bishop, iu»tify the j>artics designated to Mtleiid in their pl;!ce." To this motion an amendment was carried as follows :| <». That tl e Executive Connnittee be requested to suggest so'iic nn»de by which, in the event of any of the (derical or lav delegates to the Provincial Svnod being unable to attend, suhstitutes may be provided — Session of 1802, page 41. [Note. — In 186:^, the Executive Committee made a report on the nbjeet, (page \\\ of Proceedings,) which was adopted, (page 16), and tlic following resolution was passed:] 7. When the (dection of delegates to the Provincial Synod takes place, six clergymen and six laymen* be chosen by the d&tL 258 MISCELLAinEOtIS AITD TEMPORARY. >atne hallot, to attcTid such Provincial Synod, whenever from sickness or other cause the delegjates are unable to be present. And whenever any dolej?ates are unable to attend as aforesaid, they slmll be. excused from sucli attendance upon notifying the Secretary of the Synod of the fact, at least a fortni rata, on the several |)arishes. — Session of 18*)2, page 41. [XoTE. — Tho foregoing resolutions govonied the election of Dele irates to the Provincial Synod, until 1870, when, under tlie Act of liicorporati' ;;, ;l ii • " <'onstituti<>n of the Synod \v:i^ adopted. Sections 16, 17, and 18, provided for the election of Delcgales to the Provin- cial Synod, as follows :] 10. There shall be elected annuallv, bv the individual Clerical and Lay members of the Synod, resi>eetively then )>resent. on the second day of the meeting of Synod (as the first order of the day) twelve Clericnl and twelve Lay Dele- rrates to the Provincial Synod. Tvviilve of each order thus elected, having the highest number of votes, ijhall be the Delegates to such Synod ; and six other Clerical and six Lay Re]>resentatives whose names shall be next on the ballot, having the next highest number of votes, shall be substitute- Delegates, to attend the Provincial Synod whenever, from sickness or other cause, the Delegates shall be unable to attend the Provincial Synod. 11. Two Clerical members and one Lay Representative, and two Lay Pepresentatives and one Clerical member (to be appointed by the Synod), shall be the scrutineers of the Clerical and Lay vote respectively. ' ' " MISCSLLAX3E0US AND TEXPOBAHY. 259 12. Whenever siuyof the Dele^att's to the Provincial Synod -liiill l)(^ unable to attend its ineetinj^s. they shall be extniscd Irom such attendance, upon notifying;; the Secretaries of tin- Diocesan Syiictd ot'the fact at least a tV»rtni«ijht previous to tii" iiKu.'finf; of the Synod. The Secretaries shall thereu[>on notii\ the >u!i^tilntt'.->. selecting them in the order in which thcii' iKiincs stand upon the list, that they are reiiuircd to attend tlie said ineetin .'< and JM ol" tlie Constitution of the Provincial Synod :| 13. The Clerical and Lay Delegates shall consist id' t\V(dve of Oil (di order from each Diocese. * * * The election of I he (clerical and Lay Delegates shall be certified under the iiand and seal of tlie Bishop of the Diocese which they repre- >ci)t, or, in the absence of tlu; IJisliop, the Chairm;in of the Synod, and such certificate shall be final and conclusive: which certificate shall be f«n'warded bv the Secret:irios of the Diocesan Synod to the Secretaries of the Lo\vi;r House of the Provincial Synod, within fourteen days alter said ehiction. — Sections 3 and '28 of Constitution of the Provinciid Svnod. Xlll.— UELIKF OF SUPERAXx\U:..ED CLKliCiYMEN. [Note. — Except the publication of a list of iiii'inhcrs ot' a •'Ceinniittec on the relief of Superannuated and Disabled C)j(M'i);yinen," "It pam' ♦) of the lloport of Synod for 1860^ there appears to he no Mcord 1)11 liie uiiiHitos of any proceediu'jjs of Synod on the suhjoct. V 1 onnnitice of the same kind was also appointed in 1807 (pMi;''s 5 and 'jr>), i>uL no record of any proceediniX' of Synod on the sidtject a|»j>L'ars in the minutes of tliat year. In 1868, however, a report, was I'voscnted to the Synod by the Committee (pajjea 3.5-39). The report was adopted, anIaii for tin- ohjoct, \vliich would be practicable at present," and sugp'stcd that the matter be left "over till the next session." The report was ndo]>trd (page Itil). No further proceedingsrof Synod are reported on the subject.] XTV.— INSURANCE ON THE LIVES OF THE CLERGY. [XoTK. — In 1869, a "Committee on Insurance of the Lives of the Cleri;y" (of which no r< cord of its appointment occurs in the minutes « r l.sGtS), brought in a report which stated that "this most desirable object had re[teHtedly engaged the attention of the late Church Society," etc. On motion for the adoption of the report, the follow- ing resolution wh.s passed:] 1. That the report be referred back to the ('(uniiiittee, in onler that i'wVcv !i!!' vnation may be obtained ; and that the rejxtrt be published in tbe appendix to the proceedings of Synod.— Session of 1869, pages 74 and 91. [NoTK. — In 1870, tl>e Con:mittee again brought in a repoit (pages 85 and 195), which was adopted, as per the following resolution:] "2. That the Keport be adopted, and that the jdan therein recommended be put in operation for tbe ensuing year; and that with a view to make provision as wcdl for the siipi)ort of the Superannuated Clergy, as for that of the \N'idows and Orphans of the Clergy, by means of insurance, it l>e recom- mended that the whole subject be referred to the (yommitteu on the Widows and Orphans' Fund, who shall eonmiunicatc during the ensuing recess with Committees appointed by tbe other Dioceses for the purpose, with a view to the formation of a general measure for the whole Province. — Session of 1870, page 65. [KoTK. — In 1871, the Committee brought in a report on the sub- ject, in which they sitated that thev had "arrived at the conclusion that the j^lan is surrounded by many practical difficulties, and that the main object in view, viz, : the assisting the widows and orphans MIBOELLANEOtrS Aim TEMPORA.RY. 261 I a Fuiul !(.■ wliolo nji; ill h I by the ussioii. — 10 Special W'nlow;^ Joimnittcc ill! for the vstt'tl tliat report was re reported LERGY. ives of tlio [ho luiiiutos st (losinvblc Ijtto CMmreli , tlio follow- iiittec, ill tluit tlio L'odings of 'poit (pam's ilution :J in tliereiii voiir; aiui ll[)p(U't ot lows Jiml )e reconi- Joimnittec miunictite Ited by the torination >e88ion of u ion the siib- conclusioii 3s, and that [nd orphans of the clergy, will be more effectually attained by judicious manage- ment and liberal support of the present Widows and Orphans' Fuml," (page 121.) The report was adopted.] XV.— TRAVELLING MISSIONARIES. [Note. — In the late Bishop's charge of 1844, he roforrcd in strong tornis to the importance of the labours of Travi^lling Missionaries, (page 17). In his next charge for 1847, the Bishop again roferrod to the subject, and mentioned tlie gratifying fact that at that tinie the Cjiiirch had "the means of employing from our own resources, twelve or tuiirteen Travelling Missionaries." (page 7). In subsoquoiit years, the matter was iticidentally referred U> by the JlJishop, and in the Synod. In 1872, however, on motion of Mr. Chat!'ee, the tojlowing resolution v/as passed:] 1. That the lord liishop be resjiectfully requested by the SyPixl to take into consideratiijii the propriety of aj)p<>intiiig a " Travelling Missionary," whose sole duty shail be to visit and minister to destitute |)laees in the Diocese, coilectiiii:; statistics, etc., under the direction of the Uishop, and report- ing to his lordshij) and this Synod. — Session of 1S72, l)age (\'2. XVI.— THE HOLY SCRIPTURES. [NoTK. — In his charge of 1856, the late venerable Bishop Stradian referred, with great force and eloquence, to the priceless value of the Bible to our race, lie concludes, by saying: "Not all ^the bo(»ks on earth would compensate the loss of the Bible to mankind ; for it is the Bible, and the Bible alone, that points the way to the mansions where (Jon in Cmkist forever reigneth." (Pages i*3-2(j.) In 1m71, the present Bishop referred to "the new translation of the Holy Scriptures, whiIoa hy which such nivision shall ho conducted, nmy he secured. — Session <)tlb72, page 67. [Note. — III the same year (1871) the memorial autiiorized in this resoliitioii was presented to the IVuvineial Synod, (i>a<^*' 10). A eoni- mittee was appointed hy that body to consider the matter, (page 37). That Coniniittec hrought in a report to the effect that "nndrr all the i-,ircnnistances ot" the ease, and especially at this late stagt; of the pro eeedings ol tho Committee of Revision, it is neither expedient nor practicahle to carry out the recommendations contained in the memo- rial. — Provincial Synod Report for 1871, page 47.] XVII.— SUNDRY FORMS OF PRAVFR. [Note. — In his charge of 1844, the late Bishop speaks strongly of the value of the "Prayers of tho Church," which " place her children ill holy connnunion with God, a position in which the good of all •Aifvs have enjoyed with inetfahle delight," (page 24). In his (diarge of l^i47, he points out the character of the Prayer B«>ok as containing "the essence of the gospel in the form of devotionid compo.sitions," (page 47). In his charge of 1851, he refers to it as containing "the most etiective an«l beautiful form of Public Worsliip that was ever set forth by any branch of the Cathohc Church," (l)age 37). In hi.^ charge of 18tJ0, the Bishop discusses the question of the revision of tlie I'rayer Book (pages 29-32). In the "Order of Proceedings" of the Synod, adopted in 1854, it is directed that:] 1. The business of every day shall be preceded by special prayer, tor the guidance and blessing, according to a form ai.tiiorized by the Bishop. — Session of 1854, page 33. [Note. — In 1857, in a resolution appointing a Committee on Ecclesiastical Music, it was stated that " it is most desirable that the praises of God should be celebrated with all due ecclesiastical pro propriety and devotional reality as possible " (page 24 and 41 of proceedings of 1858). In harmony with this declaration, the com mittee, in their report of 1858, atfirmed, " that the only sure foundation for improvement in these things must be laid in the cultivation of a thoroughly devotional spirit and tone of mind in all, whose privilege it is to take a leading part in the worship of Almighty God. * * * They, therefore, recommend the adoption of "the Special Prayers for the use of Choirs, and of persons who sin^. as are already in use in the Dioceses of Newfoundland and Quebec," which are appended to their report. — (Session at Kingston, in 1858, pages 41 and 45). This report was ordered to " be printed, and sent to every congregation in this Diocese," (page 67; see also Session of 1860, page 199)." At the Kingston Session of Synod, in the same year, the following resolution, OQ motion of Rev. Dr. Lett, was adopted : | Li U: maaSLLASTKOXJB AND TEMPOKART. 263 ?a, in the , may l>c 5cd in this A coni- (pago :^7). »1»M- all the )1" tlu' pro •di«'!it nor tin' im^no- stroiifjly <'!' er chiUlr<'ii rood <>l' Jill bis «;harti< coiitainiiiii )pusitioiis.' lining " the A- as ever sel 7). In hi^ revision o\' edings" <>!" by special to a form Ininittee on le that the jiastical pro and 41 o1 I, the com foundation ivation ot" a ie privilege * * * IPrayers for li use in the led to their 45). This fregation in i)r At the resolution, a. That his lordship the Bishop be respectfully I'eqiiesteci to prepare a form of prayer, for the Divine blesniug on the proceedings of tiie Synod, and also to issue directions to each (»f his clergy to use tiie same at morning and evening services, imtil the meeting of Synod, in their several churclu's and chapels, so soon as they shall have received notici> of tin- meeting of Synod. — Session at Kingston, page i4U. [XoTK. — In 1800, on motion of Col. O'Brien, the Hi^ihop w.is recjuested to " set apart a day, both in seed time and liar vest," for ''asking the Divine blessing on the labours of the liusbandmen." The liishop was also requ(;sted :J 3. To api)oint suitable prayers to be then used, in addition to the ordinary service of the day. — Session ot IbGO, pagelbU. [Note. — In 1862, a motion by liev. Dr. Beaveii : "That a Conr mittee be appointed to examine and report on tli<; [»ra\(rs for tiie Governor-General and the I'rovineial Legislature, and the; rubrics thereon, with a view to their moditieation,'' was withdrawn, with lln' understanding that the Brovincial,JSynod was the proper Inxly to dt ai witli the subject, (Session of 180:;;, page M7.) in 1801 and 180"J, tin Brovincial Synod discussed, and provided these forms of prayer, (see page 81 of Proceedings of 1802.) In 18»»0, on the Bishop's intima tion of his wish, for ihe election of a coadjutor, the following lesolu- tion, on motion of Kev. J. IJ. McCollum, was passed :| 4. That the lord Bishop be respectluUy requested to provide a form of prayer, to be used in all the congregations of the Diocese, for the Divine direction and guidance in the choice of a clergyman, to till the ottice of a Coadjutor Bish<»p. — Session oi 18t)t), page G4. [Note. — This torm of prayer will be found on page 30, of the Proceedings of the Special Session tor the election of a coadjutor bishop, in 1807. In 1809, on the incorporation of the Synod, a pro visional constilntion was adopted. Section 8, page 84, contains the form of prayer, authorized to be used, by resolution No. '2, above. This prayer was retained in the ament'ed constitution, tinally adopted in 187U, page 89. In his address, in 1871, the Bishop strongly con- demns the use of a " I'rayer for the Dead," which the existence of a secret society in the diocese had brought under his notice, (pages liW 31). In the same year, (1871), on motion of liev. Kural Dean Lett, the following resolution was passed :J 5. That ill addition to the prayers heretofore used at the opening of the Synod, and in the several churches [and chapels in the diocesej, previously to the meeting ol Synod, the * * * prayer [lor unity] from the Accetibion Service be also used. — Sesaioii of 1871, page t)5. • > ' 204 MISCELLANEOUS AND TEMPORARY. (NoTK. — The r(>soliitii>ti, aiitliorizini; tlic use of I'oiotjoiijfr prayer, wjis »<»iilinm'(l ill IH72, (paj^c Oo), and its inst-rtioii \v ''o proi^raiinnc of Synod proco(!(liiigs, was directed to be made in tlie same year, (pa'jff r>(»). (Ml motion of Ilev. II. C. Cooper, tlic followinj; resolution was passed :J ('}. That his hnvlship tlie Bisliop ho respoctfnlly romicstod to pirparc a tonii t»t' pmyer, to be used at Missioiuiry Meetinj^ri. — Scsbion of 18Tii, i»aa«;(! <»2. [ \oTK. — The. special forms of prayer, autliori/.ed for use hy a I'roviiicial Synod, will l»e found, or referred to, in the report of its proceedings. Prayer for Synod, in 18(51. page M7 ; for (iovenior- (Jeiieral, in 1S02, page 81,82; for Harvest Thanksgiving, in \HHr>, j»age ;")(»:! XVIII.- CONSOLIDATION OF THE CANONS, JIULKS, ETC. [Note.— Ill 1804, on motion of J. George Hodgins, the following resolutions were jtassed :] 1. With a view to ascertain what resolutions and canons have reeeive-• i\si' l>y H ort of its (Jovcnior- , in 1805, p following- n«>us liavc the socro- -Itook, uinl 1 canon or 1 index. — Ijir slmll l>t' litcs of the lesohitions, Iry manual |h<^ pvinti'il lul Resohi- Itles, M.A-i [onunittee, W^: "The li this gen- Lho\ir and Ks of suc- Eod to the present time, and prochicod u clear and lucid arrani^ement of all the Canons and Resolutions that have ever received the sanction oC the Synod. In addition to this, it will be found that several interesting public documents, wliich have hitherto not been easy of access, and which have an important hearini; upon the introduction of Synodical action into the Diocese, have l>een prefixed or appended t^ the com- pilation, and for the whole a convenient and comprehensive index has been prepared. An amount of information has thos been afforded, which must prove of the greatest utility to the members of the Church of Entrlatid in this Diocese, for all lime to come." The report was unanimously adoj)fc(l. Session of 1805, pa^es 19, 55. In 1867, the followiiijoj resolution was also passed : '• That the thanks of this .Synod are due to J. (Jeori;c IIo(l<;ins, Esq., for his excellent and useful Report of the procecdinjjs of this Synod." — Session of 1867, page 68. In 1869, on motion of .\lr. N. F. Patterson, the following resolution was adopted : | 4. That the Rev. II. C. Cooper, Messrs. J. Geonre Uodgins, F. J. Joseph, and the mover, he a Committee to consolidate all the Canons, Rules, Regulations, and Ry-lawsof the Synod now in force, and report thereon at the next meetinuf of the Synod; and can.se the same to be printed and distributed at leaslTone month before such meeting. — Session of 1869, page 7.S. [In 1870, on motion of Rev. H. C. Cooper, the follow^ing resolution was passed :] 5. That the Committc on the Consolidation of the Canons, appointed at the last session of the Synod, and the Rev. Dr. Lett (m place of Dr. Bovell), he reappointed, with instructions to report at the next annual meeting of the Synod. — Session of 1870, page 35. [In 1871, the Committee reported, "that the Consolidation of the Canons, Resolutions and By-laws is completed up to the date of the close of the Session of 1870, but recommends that the printing of the >ame be deferred till after the termination of the present Synod, in order that the Canons adopted at this Session may be incorporated with it. The Committee also respectfully recommends that all Canons of the Provincial Synod, and all Acts of the Legislature affect- ing this Diocese, be ap])onded to the same." On motion of Rev. H. C. Cooper, the following resolution was passed :] 6. Tliat the Report be adopted, and that tlie Committee be re-ap- pointed, with instructions to have their compilation of the Canons printed with the additions named in their report, and send a copy of the same to each member of the Synod before the next annual meeting thereof. — Session tf 1871, pages 58 and 176. * [In the same year (1871), on motion of Dr. Hodgins, the following resolution was also passed, with a view to have the by-laws, Ac., therein named, appended to the Canons and Resolutions :] 18 1 .1! 266 MI<o selected from Member* of Synod on the Secretaries' list, who were not on any o-thirds to » iiavo at loniiiiation ictcd from on any »'f ,ge 50. h Mteasuro |aiuinKb. [as decided: Iny motion* led by au aid ill th« maintenance of order and obedience to the rules of the Synod. — Se'vsiun of 1871, paj^e 30, The Bishop named the two Archdeacons as his Assessors. CHANGE OF OAV FOR QU.VKTERLY MEETINGO. On motion of C Majjra! , Esq., it was resolved: That the 23rd secti«',* of the Constitution be so amended that the word "Tuesday" be struck out, and the words "Thursday or follow- ing day" he inserted. — Session of 1S72, pagt; 58. ENTKKTAIXMKNT OF MKMUKHS OF SYNOD. In 1868, on motion of |)r. liovcll, it was agreed : That the Exeeutiv«' Committee be requested to make provision far the reception and entertainment of th(^ members of Syut>d during future sessions. — Session ot" 1808, |mgi: 00. XX.— "CHUKi^n CIIKOXKLE" AND "CHURCH HERALD." Note. — In 1800, on motion of (\ Alagrath, Es(j., it was resolved that : Whereas the Church Soci(>ty has agreed to pay l!<15(» t()wards the .irrears due Mr. Rowst-ll on ac<'ouiit of tlu^ Church Chronicle, i>n con- dition that the "Syn«»d"pays % formerly, and of the Quarterly meetings of the ChinTli Society, Ih' in future |>ublished in whatever paj>er the Synod may choose; giving the names »>f the members in attendance, and an outline of the work done; and that copies be sent to all the members of the Synod. .Moved in amendment by Dr. llodgins, and carried, That the motion of the Kev. J. Carry, and the following notice of motion of the .Mover be referred to the Executive Committee, with pd. — Session of 1871, page 66. XXI.—RESOLUTIONS ON \ AKIOIJS SUBJECTS. 1. — KLKCTION 01 rilK .METH«»l'OLlTAN (dB. OXENDEN). Moved by the Rev. the Provost of Trinity College, seconded by the Ven. Archdeacon of Toronto : That this Synod desires to record the lively satisfaction with which it has witnessed ine happy termination ^^\' the protracted difficultv relating to the election of a Metro])olitan, by the choice of the highly esteemed clergyman who has accepted the office. — Session of 1869, page 78. 2. — FREE fJEATS IN CHURCHES. On motion of Rev. Dr. Lett, it was resolved : That, in view of the missionary character of this Church, this Synod strongly reconunends, that in all cases where it is practicable, the seats in churches hereafter built in this Diocese should be free and unappropriated. — Session of isTii, page 43. 3. — PROBATION. \Ry niTY OK MINISTERIAL CANUIDATEB. On motion of Rev. W. T. Sinithett, it was resolved: That in the opinion of this Synod, it would tend very materially to advance the interests and promote the extension Oi' the Church in this Diocese, were a system introduced I>y which candidates for the Ministry, while at the same time they are gaining an insight int<> parochial work, might assist the Incumbent in large and extendetl missions. And that this Synod humbly request the lord Bishop t<' take iuch steps a« may bring about this end. — Session of 1872, pajjw ,f.,. j|| AJ)DBE88E8 TO THE QUEEN, Fl'C. 269 !8 from itees of [ by the I of the or Mis- i Synod, page 65. tion, on , Ac, of )age 79. ition, and 6. rs. , .). londed by vith which difficulty ne liigl'b of 1869, lurcli, this »racticablo, lid be free TK8. uiaterialiy • Church ill ites for tho nsight into d oxtcndoil Bishop t" 1872, pajjw 4. CHURCH, PARSONAGE, AND SCHOOL ARCHITBCTURE. It was moved by the Rev. J. D. Cay icy, and agreed to: That a select committee be appointed whose duty it shall be to report to the next meeting of Synod some general scheme for obtain- ing plans and sketches of churches, school-houses, parsonages, and charch furniture, and for giving such facilities to parishes desirous of building, as may assist in securing, throughout the Diocese, buildings of a suitable character. — Session of 1H72, pag<^ 57. 5. — REV. jotrN pentland's case. In 1866, Rev. John Fentland prcscjitcd a petition to the Synod, which was referred to a committee. His case was reported upon, and the report agreed to as follows : The committee recommend tliat as soon as the Synod shall be »n txinds to that amount, the sum of !j(120 be granted to Mr. Pentland, to be paid in monthly instalments of !i^lO. — Session of 1866, page 38. G. REV. SOLOMON BRIOOs' CASK. On motion of Rev. Canon Baldwin, it was resolved: That the Synod recommend that, inasmuch as the Rev. S, Briggs has not received anything from the Church Society or Mission Board of the Diocese since October, 1868, the proposed grant of 11200 per aoDam do date from the 1st of October last. — Session of 1870, page 76. In 1871, on motion of S. H. Blake, Esq., it was agreed: That from the present time the sum of ^120 a year, recently paid from the General Purposes Fund of the Diocese to the late Rev. J. Pentland, be paid to the Rev. S. Briggs until iurther resolution of the Synod. — Session of 1871, page tJH. XXII.- ADDRESSES TO HER MA.TESTY THE QUEEN. [Note. — The addresses to ller Majesty the Queen will be found iu the minutes for lsr)3, page 20, :nitl for 1859 page 99. That adopted in 1853 relaletl to the autliority «»|" the ( 'liurch of England and Ireland in Canada to meet in Synod, and prayed " Her Majesty to give [Herj royal sanction to such a measure as shall remove all doubt as to the lawfulness of the holding of Synods in the colonial dioceses of [IlerJ empire." (For assent of tin* Queen to such a measure see p^e 12 of Proceedings of 1857.) The address of 1857 contained the thanks of the Synod for Her Majesty's assent to the Synod Bill. That of 1859 prayed for the appointment ol a Metropolitan. In 1866, on the election of the coadjutor Bishop of Niagam, a petition was addressed to the Queen, asking Her Majesty to approve of the elec- tion of the Bishop, and to issue the necessary antbority tor his con- secration. (Special s^ ision of 1867, page 50.) In 1868 an address ■^»WI 270 MISCELLANEOUS AND TEMPORARY. to the Queen on the discstablislimont of the Trisli Church was adopted, (sec page 248 of this compilHtioii.) In the same year (1868) an address of sympathy to Ilcr Mnjisty, on tlie attempt to assassinate Prince Alfred, was cordially .idopted by the Synod (page 67 of Pro- ceedings). In 1869, a reply to this was received [)y the Synod (page 27). In 1872 a congratulatory address on the reeovt'ry of the Prince of Wales was cordially adopted l>y the Synod. (I'age 47 of I'roceedings.) XXIII.— ADDRESS TO THK PRINCE OF WALES. [Note. — In 1860, the Prince of Wales visite from his dangerous illness. — Sessit^n of 1872, [lagc 47.] XXIV.— A1U)RESSEB TO THE GOVERNOR AND TO THE LEiaSLATURE. Note. — In 1853, a petition to the Legislature was adopted, against the Clergy Reserve spoliation, (f>age 10 of Procoetlings.) A congra- tulatory address to His Excellency, Sir Edmund Head, and his reply to it, will be found on pages 11) and MO, of tin* Prc<*eedings of iiH.")r», In 1858, an address was proposed to be {»rcsented to the Governor (ieneral and the members of the Legislature, juaying for separate schools, (pages 41, r-t'A) but it was not adoi)te«l. A similar address was proposed, but not adopte ; see also page 1H6 of Proceedings of 1860; pages 284 of 1861 ; page 32 of 1862; and page 24 of 1863). In 1.S66, a committee of the Synod was authorized ti> present a peti- tion to the IjCgislature, on tlie incorpoiaticn of the Synoti (page 50). A memorial on Ragged Schools was also presented to the Legislative Council and Assembly in the same year (i.sti6) page 57. In 1868 a memorial on tho same subject was presented to the Legislature^ RESOLUTIONS OF THANKS. 271 (page 66). In 1860, a congratulatorv address to Sir John Young, Goveinor General, on his assumption of oftico, was agreed to, (page 58, 62). In 1870, a reply wr^s received to this address, (p%^ 29). XXV.— RESOLUTIONS OF THANKS TO THE LATE BISHOP OF TORONTO. 1. That the thanks of this meeting are justly due, and are hereby most cordially to the lord Bishop of Toronto, for the extraorlinary degree of zeal and energy which he liiis manifested on the present critical emergency of the Church in thi;* Diocese, and also for the dignified, impartial and courteous manner in which his lordship ha** presided over our deliberations. — SessiMf 1850, pages 2(>, 27,) and one from the new Di«»ces«' of (►ntario in 1861, (pages 281, 283). In the same year a vote of sympathy with the Bishop, in coimeetion with Trinity Colh'ge, was pa.ssed by a \ote of 84 to 24, (pages 285, 280). In 1804, the following resolution was unanijnously adopted :] 4. That this Synod avails itself of the opportunity aftorded by the jiresent session of again placing on n-cord, an expression of the sincere respect and afteirtion which its members, in conunon with the whole Diocese, entertain for the venerable liishop who has so long presided over them, and a grateful a«kni>wledgment of the services which he has rendered to its Chunh during his lengthened episcopate |of 25 years]. Session of 1804, page 22. (See section xxvii., on page 275 of this compilation.) y< T^ 272 MISCELLANEOUS AND TEMPOKAKT. XXVI. RESOLUTIONS OF THANKS TO VAUIOUS PARTIES. 1. To the Hon. J. II. Camkkon : — In IH.IO, an address was presented to Mr. Cameron by the Synod, for his exertions in reo^ard to the Clergy Reserve coniniutati(»n fund, and for other services. The following is an extraet : — "The I>islit)|), Cjeriiy, Ji"d Lay Delegates of Toronto, in Synod assembled, be:;- leave to avail ourselves of an opportunity favourable to tender to yon our most cordial and grateful thanks, on behalf of the whoh; eliurcli in lids Diocese, for the unwearied zeal, the self-clenying exertions, and faithfid sive Synods of the J'iincse, from the date of the first Synod to the present time, and produced a clear and lucid arrangement of all the Canons and Resolutions that have ever received the sanction of the Svnc»d. in addition to this, it will be found that several interesting public documents, which have hitherto not been easy of access and which have an important bearing upon the introduction of Synodical action into the J)iocese, have been prefixed or appended to the con.piiation, and for the whole a convenient and comprehensive index has b>.en piepared. An amount of information has thus been afiorded which must jtrove of the greatest utility to the members of the Church of England in this iJiocese, for all time to come." The report was unaniuiously adopted. Session of 1865, pages 19-65. In 1867, the following resolution was also passed: "That the thanks of this Synod are due to J. (icorge Hodgins, Esq., for his excel- lent and useful Report of the proceedings of this Synod." Session of 1867j page 68. 4. S. 13. Harman Esq., B. C. L. — The Journal of the j)roceedings for the election of the coadjutor Lisho]) ol Niagara, iu Septimber, I8(i6, having been prepared by S. B. Harman, Esq., Registrar of the Diocese, BESOLTTTIONS OF THANKS. 273 TIES. 9 waft reQ;ard . The atCR of of an rratelul for the tioii to pecially address 39, 40. inkr* to [)age 37, and are ibers ot England . the la»t ol 1850, 1 of the (Stiu, the I a re poll «• cannot lerforined ( iirefully 1 )i(Hcse, t>(hi<':ed a it»ns that |ti.> this, it icli have t bearing osf, have whole a 1 iiiuount ■ urt-atest jdCise, for cssion of h'hat the jiis excel- kession ot jcecdiug** KT, 1806, Diocese, Htid Lay Socrotary of the Synod for that Special Session, his services in this matter were thus recognized by the .Synod of 1807. ''Henoiiud, That the acknowledgments of the SyimU are due, and are hereby very cordially tendered, to the Itegistrar of the Diocese, S. B. ilarnian, Esq., not only for zealous and valuable hervice rendered to the Church for a long series of years, but more particularly at the last meeting of tiio Synod, fur his able assistance in drawing up the carefully con- sidered Order of Proceedings, and system of ballolting, and arranging the very impressive and digniiied ceremonial in the (.Cathedral at the election of the Coadjutor L»ishop. The fSynod also tlesire to record ilieir appreciation ot the subsequent, but not less important duties, wliich devolved upon the Kegislrar lu preparing and publishing the Journal of the Synod, lorming together a most valuable series ol pre- cedents for the future use of lUe Church m Cauada. — Session of 1B07, page 42. Jj. To THE Indian Missions Committee: — In 1800, a vote uf thanks Wiis passed : "to the Committee on Indian Missions, for tueir earnest and indefatigable labpurs during the past year.'' Session of 1H08, page 70. 0. To liiE ItKV. J. Gamble Geddks, M. A. — In IbOH, the following resolulinii was unanimously passed: "That the best thanks ol this Synod are justly due, anu are hereby cordially given, to the Itev. John Cainble (jeddes, M. A., for the \c'ry able an J satistactoiy mauner lu wliicli nc has discharged the laborious duties of Clerical Secretary of the .'^ynod during tUe many years he has tilled that oUice." — Session ol IdOb, page 2o. (See number 1 ol uexl section.) 7. To Dk. JiovELL. — In 1870, on the election of an Honorary Lay Secretary during the absence of Dr. Jioveil, "Mayor Llarman, paid a suilaoic tribute l<> the valuable services ot the late Lay Secretary (Dr. bovell,) now aosent in the West Indies/' which was unanimously and cordiall) concurred in by the Synod. Session <»t la70, page 2o. S. To S. il. i»LAKE, Esq. — lu 1870, the thanks of the Synod were ununuijously voted to Mr. S. 11. Blake tor his admirable explanation of the licport of the Clergy Commutatiou 'i rust Committee. "Session of 1870, page 44. y. To Tiu; Christian Knowledge Socikty^ — lu 1870, the foUow- rcsolution was passed : — That the lord LJishop ol the Diocese be requested by the Synod now in Session to tender its gratelul thanks tor the kind sympathy evinced by the venerable Society tor piomot- iiig Christian Knowledge, for the labours of our fiiissiouarii-s ;ii presenting for distribution, in Kural Parishes, lorty Libiarit.'s selected tnmi the list of its vnluable publications. Session of 1870, page 80. 10. To the I'kopaoation Society. — lu 1672, ou motiou of Chief Justice Diaper, it was cordially agreed to: That this Synod aekuow- ludges, with protouud iuterest aud satisli»ctiou, the ^cuerous oU'er "^■■PPI iqp^lFvm^^r^^ T.f -J. I 274 MISCELLANEOUS AND TEMPOKARY. wliicli lias been msulc by the Society for tlie rropagation of th(! (Jf a fund for tbo cstaMisbinont and support of a Missionary Bishop in the Algoma District, on condition that a sum of £4,000 be raised locally for the same object by the year 1875; and the Synod hereby endorses the acceptance of the offer alreat' 1«(54, page 31. 3. Hon. G. S. lioui/roN. — In 1809, the following resolution was passed : *' That the Synod desire, before sepjirating, to jdace on their records ;in e.\pressit»n of the deep and sincere regret with which they reganl the death of the late Honorable George Strange IJoulton, as that of an old and valued Churchman, who has ever zealously advoe.atecl the cause of the Church in the Church Society of which h(^ was one of the earliest members and a Vice-President, in tin* Diocesan and l^rovincial Synods, and in every otlier way in which he could advance licr holy and sacred cause." — Session of 1859, page 59. 1. iWsiioi' KiiLFORn, — In 1869. the following resolution was passed : "Thai the lord Bisliop be respectfully requested tt» communicate to Mrs. Kulfoid, on behalf of the Synod, its sincere! condolence with her under her mournful bereavement, aud its sentiments of deep respect KSHOP 8TRACHAN MEMORIAL. 275 of thti for the Algoma for the racs the op, and ,f 1872, 872, the •nod are Lee wl»«) Kcsohl- [M'ini'ipal r. Ladies i!iy t"f»ni- md otlier ri!V. followiiin' its deep [> Clerical id would th wl»i(di •Session itioji was un ("Mnies li has 1. ^l.iiliet Itioii was l> oil tin'ii' iich tl ■y |>\dton, as ulously )f which l/( , ill the diieh h«' lpaii"e TjO. passed : liicat*' to Iwith her respect for the memory of the late Mctrop«»litan of Canada." — Session of 1800, page 78. (The reply from Mrs. Fulford is reported on the minutes for 1871, page 33.) 5. JtisHop Strachan: — In 1868, the death of the late venerated liisliop Strachan was tethnne in IiIk • '|M'iiini^ address to tlie Syno and adujited i»y the Synod aa follows : — "The Synod of the Diocese of Toronto in this their tirat assemhla<;e since tlie de(!ease of the late revered and lieloved IJishop, hei; rej»pectfully to offer to the niemhers of' his family tlieir profound cofidolence and sympathy; for in him the Chiindi has lost a father, this Synod a counseller and j^uide. Iliil, amid the sorrowful retjrets occasioned hy the severance of ties so sacred, they feel that there is deep and endurinn for all in the retrospect of a life so nobly spent, so providentially pn'l«>ni;ed, so franufht with lasting benefits to the Chundi ; and, while liis|or\ shall perpetuate a career so honourably interwoven with the annaU ot onr country, and the records of the (^'anadian Cliureh hand down to posterity tlie happy memory of its first IJishop, faith |»oints cdieerinulv to the crown of glory awaiting the accepted, "when the Chief Shepherd shall appear." — Session of 1868, pages 14, 26 and 54. 6. iJisiioe Strachan Mkmorial. — In 1871, on motion of the Kev. T. S. Cartwright, the Synod resolved : That consideriiii; the long and valued services whieh were rendeied to the Chiireh and Country by the late Right Ueverend Dr. Straehan, first IJishop of the Diocese of Toronto, and the general and well deserved estimation in which the character of his lordship is liehl, not only by the Church of tins Diocese, but by the conimunit} at large, this Synod irs of r>pinion that it will be a graceful tribute to his memory to erect some fitting memorial in whi(di all the nu^mbers of the Church and the public generally can unite; and that wilhoiil reference to any scheme which may hitherto have been proposed, his lordship the ITishop be respectfully requested to nominate a i'oni- inittee, consisting of an equal number of Clergy and Laity, who shall inimediatciv consider the subject with due regard to the claims of the venerable Prelate, and both the necessities and resources of tli< Diocese, and who sliall report to the present Synod a practicable |)lan for performing this imperative and too long neglected duty; and that shouM the Synod concur in the report of the Committee, the [tlan re(;or, /nended be forthwith carri<'d into eti'ect. — Sessioa of i.sTI, |)age Oii. In 1872, a report on the Strachan Memorial having bee:i . resenteil to and concurred in by the Synod, it was then moved by the R(>v. the Provost, an: within each parish or mission in the Diocese, by two yearly instalments, a sum aver{i;;in<; titty cents for t-very member of the Clinrch within that parish or mission, acconlint; to the census of (871 ; an ^' y /^ ^ 278 CANONS OF THE SYNOD OF THE DIOCESE OF TORONTO. Vestry not to change any Right, Rule or Custom. Provided always, that such vestry shall have no power or authority l«> iidertbre with, alter or change any right, rule or custom existing in such church by virtue of any gift, endowment or regulation of the r.ishop of the Diocese, or right or interest reserved by him. Such light, rule, custom or reserved right or interest being set forth and recorded, either in a deed of gift or endowment, or by order of the r>ishop, in the book hereinbefore directed to be provided for the enrolment of the members of the vestry, and which record shall be authenticated by the then incumbent of such church, and by the first (not less than three) members of the congregation then enrolling their names. — June Session of 1858, pages 59, 60, 88, 89. 2.-EKECT10N AND DIVISION OF PARISHES, AND SETTLE- MENT OF PARISH BOUNDARIES. (See page 81 of this Compilation.) Whereas it is expedient that defined local bounds be assigned to I'ach soitled cure, duly organized within this Diocese, and also that provision be made for the division andsub-divis'.on of existing parishes, lie it therefore enacted, by the Synod : Conference of Adjacent Parishes to arrange Boinidaric^. 1. That the clergynuju and churchwardens of each settled cure, now or hereafter to be established, shall from time to time hold a tjonference or conferences with the clergymen and churchwardens of the adjacent parishes, and report the same to the lord Bishop for his <'i>iisi(U'ration, and should his lordship approve of the same, then the i>oundarics so arranged, approved, and declared, sluill he the bound- aries of the paiLslie^ v/: cures aforesaid; and that the expenses attend- ing the <*ommission shall be borne by the parishes interested, in such proportion as the commissioners may deem just. — No. 1, Sjssion of 1858, j»ai:;es 87, 88 and 88*; amended at the Session of 1862, pages 10 and 41. ■s. Where Non-agreement, Commission to Settle the Matter. 2. That in cases where the boundaries cannot be ai ranged by such mutual agreement, then that the Bishop be iXMjuested to issue a com- mission to two clergymen, and to one lay representative, none of whom shall be locally connected with said parish or cure, directing ;ind authorizing them to investigate the merits of the case, and to decide thereon and to report their decision to the lord Bishop for his consideration, and should his lordship approve of the same, then the boundaries so arranged, approved and declared, shall be the boundaries of the parishes or cures aforesaid. — No. 2, Session of 1858, pages 57', 87, and 88*. Boundaries not to be changed for Five Yiars — Presentation. 3. That the boundaries of a parish or cure being once defined, approved and declared, may not be disturbed within the space of five A\i ESECTION AND DIVISION OP PABI8HE8, ETC. 27d '1 years, except in the case of new parishes. Ami that every new and distinct parish tliat sliall be erected as hereinafter provided, shall be deemed, and is hereby declared to be a parish or benefice with cure of souls ; and that the right of presentation, upon avoidance, to the said benefices, unless legally vested in some other person or persons, shall vest in, and be exorcised by the Bishop of the Diocese; and that after collation, institution and induction by the Bishop, the person so appointed to any such benefice shall be styled, and to all intents and purposes deemed, the Rector of the said Parish. — No. 3, Session of 1858, pages 57, 87, and 88* ; amended at the Session of 1859, pages 32, 33 and 90 (section of Canon called §2 by mistake on page 32): Mode of setting ajjart New Parishes. 4. When any of the parishioners residing in any j)arish or any adjoining parishes, shall IriiTr ir. desire to have a new and distinct [)arisli erected, the said parishioners shall present a memorial to the lord Bishop, stating fully the reasons moving thereto, also the pro- posed boundaries of the contemplated new parish, and whether the rector or rectors of the parish or parishes aforesaid be a consenting party ,»and when the Bislu)p of the Diocese shall be satisfied that tlie provisK)ns of the xviith section of the Church Temporalities Act Jia\ e been complied with, or that the means for the worship of (Jod have been provided, that then his lordship shall declare said portion of the parish to be a new parish. In cases where the rector of the existing parish or parishes withholds liis or their consent from the pi'diniinary memorial, that In^ be rccinired to state his reasons in writing, within one month, to the lord Bishop, who is to decide on their validity. — No. 4, Session of 1S58, pages 57, 87, 88 and 88*. Seventeenth Section of Church Temporalities Act. [NoTB. — The Soventoenth Section of the " Church Teinpoialitics Aet, to which reference is here made, is as follows : — " In the ovent of any person or persons, hodi'is [H)litic or corporate, desiring to erect and found a churcli or cliurches, and to endow the same with a sufficiency for tlie maintenance of such churcli and of Divine Service tliereiu, according to the rites of the said Church of Enghuid and Ireland, it shall and may be lawful for him or tliem so to do, upon procuring the license of the Bishop, under his band and seal, for that purpose ; and thereupon, after the erection of a suitable cburch. and the appropriation by tlie founder thereof of such church so erected, and of lauds and hercditami'iits, or other property, adequate to the maintenance thereof and of an Incumbent, and adequate to the usual and ordinary charges attendant upon such church, such provision being made to tlie satisfaction of the Bishop, such founder, his heirs and assigns, being members of the said Church of Engliuul, or such body politic or corporate, as th(! case may bo, shall have the right of presentation to such churcli, as an advowson in fee presentive, according to the rules and canons of the said United Chmch of Englafch and Ireland."] Parish Boundaries to he Registered. 5. That the boundaries of every parish erected under the authority of this Caaon, be entered and registered in a book to be kept by the r.^ 280 CANONS OF THE SYNOD OF THE DIOCESE OF TOEONTO. Secretaries of the Synod for that purpose, and that a copy thereof be furnished to any person applying, on payment of a fee of twenty cents. — No, 6, Ihid. 3.— SECURITY AND PROTECTION OF CHURCH PROPERTY. (See page 85 of this Compilation.) Repairs of Church and Premises to devolve on Vestry. 1. That the "Church Temporalities Act" having placed the church and the churchyard under the immediate care of the parish, acting tiirough its vestry, all repairs and expenses of, and attending the same, Tu'ci'ssarily devolve on said vestry. Erection nvd Repairs of Parsonage House — Whero to he home by Vestry. 2. That with respect to the parsonage house and buildings, the parish shall bear all expense!;' of erection and material repairs, ii:clud- ing painting inside and out; the parish shall bear all expenses of original erection of parsonage, fences and gates; and shall further be responsible to the Incumbent, on his induction to the parish, for their efficient order and repair at the time of said induction : but it shall then be the duty of the Incumbent to keep them at all times in like efficient order and repair, the standard of such efficient order and repairs as to gates and fences being the municipal rule or law, where such exists, or otherwise the ordinary custom and rule of landlord and tenant. /wct/T?"^""'' f'-i ^"fir Expenses of Repairs — Appeal. 3. Should the Incumbent, by wilful negligence, or by any act of comniission or omission, sufter the said buildings, gates, or fences, to get out of repair, it shall be the duty of the churcliwardens to point out such dilapidations to the Incumbent, and request him to remedy the same ; and the Churchwardens may, after three months, and if there be no appeal to the Bishop, employ a suitable mechanic of mechanics to execute the necessary repairs ; and the certified expenses thereof they may deduct from any funds in, or parsing through, their hands, payable to the Incumbent. But should the Incumbent feel aggrieved by such contemplated action of the Churchwardens, he he may appeal to the Bishop, who shall, if he sees tit, appoint a Committei', consisting of the Rural Dean, and one or two, or more neighbouring Clergymen and laymen, to be named by the Bishop, or under his authority by the Archdeacon ; which Committee shall enquire into the same, reporting their decision to the Bishop or Archdeacon, as the case may require ; and snch decision, when ap- proved by the Bishop or Archdeacon, shall be linal. Material Repairs, by whom to be borne — Mortgages. 4. Should any extensive improvements or repairs become necessary from lapse of time or otherwise, such as new roofing, painting, or Aiil SEOURITY AND PROTECTION OP CHUROF PROPERTY. 281 ereof be ty cents. :>ERTY. 2/- 16 church ^h, acting- the same, by Vestry. lings, the rs, ir.clud- cpenses of farther be h, for their lUt it shall nes in like order and law, where »f landlord any act of fences, to ns to point to remedy ihs, and if leclianic of (1 expenses jugh, their Imbent feel [ardens, ho appoint a [>, or more ►ishop, 01 [ittee shall Bishop or when ap- necessary iinting, or replacing of matters necessary to the stability or safety of the build- ings, erection of new fences, or placing the same in eflScient repair and order as pointed out in the foregoing section, it shall be the duty of the clergyman to lay a detailed statement of the same, with an approximate estimate of the expense, be'' ^e the usual Easter meeting of the vestry, having previously given notice of his intention to do so, or before a vestry meeting specially convened for that purpose ; and should the members of tiie vestry sanction the same, the Church- wardens shall forthwith proceeil to effect the necessary repairs, pro- viding for the expenses thereof from the funds of the church, by by parochial subscriptions, or by any other mode determined by the vestry ; provided that in no ease shall the property of the church be so encumbered by a debt or mortgage to a greater amount than one- fifth of the value of the property, to be ascertained by competent valuation, nor shall the expense of such improvements or repairs be defrayed from any fnnds appropriated to or pertaining to the support of the clergyman. Churchwardens to have Buildings Insured. 5. That whereas no proper precaution should be omitted for the preservation of the property of the Church, it shall be the duty of the Churchwardens to keep all the buildings thereof constantly insured in some responsible oflBce. Record Book of Titles to he kept. 6. That a book of record be kept in every church by the wardens, in which shall be entered a sufficient abstract of all titles and deeds by which the lands of the said church, whether site of church, burial ground, glebe, endowment, or whatsoever they may be, are held, showing their date, by whom given, situation, quantity of land, con- ditions of trust or gift, when and where registered, anfl any other information necessary to a full understanding of the same; also, if wild or unoccupied land, whether any or what provision is made for payment of taxes, when the taxes have been paid, and what arrears of taxes may from time to time accrue. When Taxes shall he paid hy Incumhent. 7. That whereas there is much valuable, though at the time unpro- ductive, land held as endowments for churches or parishes, and much loss Has been incurred by the sale of such lands for taxes, it is neces- sary to define on whom the responsibility of the payment of such taxes should rest. In all cases where wild land or waste lands are held, being unproductive, and the Incumbent deriving no benefit from them, the expense of maintaining such lands should be a charge on the parish or church, for the benefit of which they are given ; and in all cases where any benefit or emolument is derived from any such piece or parcel of land by the Incumbent, or on his behalf, then the expenses of taxation should be borne by such Incumbent. 19 ';M 282 0AN0N8 OP THE SYNOD OP THE DIOCESE OF TORONTO. I ■« Parties holding Church Property to send Statement to Churchwardens. 8. That in accordance with the foregoing, the Church Society, or other parties holding real estate or oilier property in trust for any particular church or parish, do send a statement of the same to the Churchwardens of such church or parish, to be recorded as herein- before directed. Documents and Records to''Jbe kept in a Strop 'j Box. 9. That for the convenient safe-keeping of such record-book, as well as other documents, papers or records, a sutiicient strong box, with lock and key, shall be provided by the Churchwardens, and kept in the vestry of said church ; and shall be at all times under such ordinary and convenient regulations as may be adopted by the vestry, open to the inspection and for I'^e information of the parish, as well as for any duly authorised officer of the church. Duty of Rural Deans and Archdeacons. 10. That for the purpose of duly enforcing, the foregoing regu- lations, it shall be the duty of the Rural Deans, each in his own Rural Deanery, acting under the authority of the Bishop or Arch- deacon, carefully to examine into the same from time to time as he may be required, or have convenient opportunity, and to take such steps, in ease of neglect and failure, as may be necessary therehi, according to the authority with which he is clothed ; also, that the Archdeacon shall, in his visitation, examine into all such matters, either approving of the manner m which such rules and regulations have been carried out, or otherwise if not so done, and in any case of neglect or non-compliance, to take such steps as may seem to him desirable in the premises ; making an entry in the record-book of each church, of such examination, and the result thereof. 4.— REGISTRATION OF DEEDS OF CHURCH PROPERTY, &c. (Sec page 89 of this Compilation.) [NoTB.^ — Although the following is not a canon of the Synod, yet the reso- lutions have binding force as an expreseion of the will ot the fcjynod, until h canon on the subject is adopted :] 1. That a committee be appointed to take into consideration the best mode of proceeding lor the registry and safe custody of all deeds relative to Church property. — Session of 1858, page 140. [Note. — This committee was appointed and presented its report in 1859, and again in 1863, when the following resolution was passed :] 2. That until the proposition of S. D. Uarmaii, Esq., for a regular registration of deeds [be concurred in b}i the SynudJ, ihe liural Deans should require Iroin the several churchwardens a detailed statement of the church property within their several parishes on the 7th of 0. kwardfns. lociety, or it for any irae to the as herein- a-book, as ,tr(>ng box, ,3, and kept under such the vestry, •ish, as well agoing regu- in his own )p or Arch- txtnc as he ,o take such isary therein, Iso, that the iich matters, I regulations I any case ot jeem to him [book ot" each IpERTY, Ac. i yet the 1680- (bynod, until a ideration the of all deeds [eport in 1869, lor a regular 1 Uural Deans lid statement the 7th of SALE OF RECTORY LAND8. 283 April in each year ; and the several Deans should report the same to the Archdeacon on the Vth of May in each year, for the information of the Synod. — Session of 1863, page 24. [Note, — In 1864, the committee again presented a report, when the follow- ing resolution was adopted. Nothing further was done.] Principle of Reyistration adopted by the Synod. 3. That the report of the committee on registration be received, and that the Synod in receiving the same adopt the principle therein commended, of the necessity of a complete system of church regis- tration ; * * * that the Provisional Registration Committee recom- mended in the report be appointed, with power and authority to place themselves in communication with the rectors, incumbents, and churchwardens of parishes and missions, with the view to the collec- tion of further materials and data on this important subject; and that they are further requested to propose a canon to be submitted to the next session of Synod, to make the proposed system to go into ope- ration. — Session of 1864, page 81. 5.— SALE OF RECTORY LANDS. (See page 91 of this Compilation.) (See Act for the Sale of Rectory Lands, Part V., section xiii.) Whereas, by the permission of the Act of Parliament in that behalf, the assent of the Synod of this Diocese is required to the sale, by the Church Society, oi any of the Rectory Lands that come within the said Act. Assent of Synod to Sales of Rectory Landt. 1. Be it enacted, that the Bishop, Clergy, and Laity of thia Diocese, in Synod assembled, shall and do hereby assent to any sale or sales of said Rectory Lands that may be made by the Church Society of the Diocese of Toronto, after such sale has been agreed to in writing by the time being of such Rectory, and approved by the Committee of the Synod of this Diocese hereinafter named. Standiny Committee to act on behalf of Synod. 2. That a standing Committee of this Synod * * * • shall be annually appointed by the Synod, to act on behalf of the Synod in giving or refusing assent to any sales of the said Rectory Lands by the said Church Society, and no sale shall be eftectual until assent has been given thereto by the Committee, or a majority of the Committee, and every deed of such sale sliall be under the seal of the Synod as well jis of the Church Society. ^ , ;- . t , , . ^ ; ,, Committee to keep Record and Report to Synod. 3. The said Committee shall keep a record of all their transactions, ^ and shall report to the Synod. — Session of 1867, pages 66, 66. * 284 CANONS OF THE SYNOD OF THE DIOCESE OF TORONTO. [Note. — In 1870 an amended Constitution of the Synod was passed, which provides, in section 26, foi a Standing Committee on llectory Lands, and two other matters. That part of the section relating to ilectory Lands provided) Synod Committee may dispose of Rectory Lands. 4. That the Committee shall have authority to dispose of the Rec " tory Lands of the Diocese, and to take charge of and administer the proceeds arising from sales of the same, in accordance with the special by-law of the late Church Society governing the administration of such funds, or in:'jaccordance with any by-laws adopted, or that may be adopted subsequently by the Synod. — Session of 1870, page 94. 6.— PATRONAGE OF THE RECTORIES, &c. (See page 94 of this Compilation,) The Incorporated Synod of the Diocese of Toronto enacts as follows : That on the vacancy of any rectory, incumbency or mission wiihin the Diocese (with the exception of missions sustained, in whole or in part, by the Mission Board, the mode of appointment to which mis- sions shall continue as heretofore) the fippointment to the vacancy shall rest in the lord Bishop of the Diocese; it being, however, provided that, before making such appointment, the Bishop shall consult with the Churchwardens of the said parish or mission, and with the lay representatives of the same, provided that such lay representatives are resident within the said parish or mission. — Session of 1871, f ago 67. 7.— CLERGY COMMUTATION TRUST COMMITTEE AND ITS DUTIES. (See page 115 of this Compilation.) The Clergy Commutation Tru&t Committee of the Synod for the management of the Clergy Commutation Trust Fund of the Diocese, shall consist of sixteen members, one half of .vhom shall be Clergy- men of the Diocese who are on the Commutation Funds, and the other half shall be nominated from among the Lay Representatives. The said Committee shall manage all real estate or personal securities held by the "Clergy Commutation Trust Committee" of the late Church Society of the Diocese, and all the proceeds accruing from the same, and shall administer the same as a distinct fund, separate and distinct from all the other funds ot the Diocese, and shall invest and take up and re-invest in Government Securities, City, County, ffr Tov/nship Municipal Debentures, all moneys coming into their hands for re-investment, and ail surplus interest and dividends. They shall report to the Synod at its annual meeting a full and detailed statement of all investments and changes in investments, and of all moneys received and paid on account of the fund durmg the previous year. They shall further report the actual state and condition of the fund, at the time of their last quarterly meeting, shewing the nature of the I CLERGY COMMUTATION TETJBT COMMITTEE. 285 dj wbich I and two )roiVided} the Rec - [lister the le special :ration of that may 3age 94. as follows : jion wilhin vhole or in which mis- le vacancy f, however, 'ishop shall iiission, and t such lay mission. — AND ITS nod for the the Diocese, be Clergy - ids, and the (resentatives. lal securities of the late tcrning from nd, separate shall invest ity, County, cr their hands They shall id statement all moneys •evious year, bf the fund, [ature of the different securities belonijinor to the fund, and the incomes which they severally yield, and what arrears of interest may be due on any of the said securities, and the particular securities on which 8uch interest may be over-due. The proceeds of the said fund shall be administered in accordance with the provisions of the By-laws of the late Church Society of the Diocese of Toronto relating to the same, as they existed at the time of the Incorporation of the sp'd Church Society with the Synod, or in accordance with any By-laws adopted subsequently by the Synod. In case the surplus should at any time become insufficient to pay the amount of 8400 to each non-commuting Clergyman pbced on the list of annuitants on the said fund in accord ance with the By-law of the late Church Society, then a proportionate reduction shall be made from the annuities , payable to all such non- commuting Clergymen. — Constitution of 1870, Section 26. [Note. — A by-law was passed in 1872, providing for the modification o the first part of the foregoing section of the Constitution, as follows: " Whereas a By-law, embodied in tlu- Constitution, passed in 1870, enacted that the clerical members of the Ccmmutatinn Trust Committee should be selected from the number of those clergymen who created said fund ; and whereas, it is desirable to extend the number of clergymen from whom such selection may be made ; be it enacted that such selection may be made from those who shall from tim ■ to tinie be placed on said fund, and also from the twenty clergymen whose names appear i's the senior on the li>t of non-commuted clergymen who will be benefitted by the fund, M-hen the surplus permits." Should this By-law le confirmed in 1873 it will come into force in that year. The following was passed in 1864 :] 1. That so much of the By-law of the Mission Board of 1860, as enacted that the Mission Fund do consist of the annual surplus of the Commutation Fund, be repealed, and that the Commutation Fund shall be managed and administered as heretofore by the Clergy Trust Committee. — Session of 1864, pages 20 and 29. ffoip Surplus shall he applied. 2. That before there shall be any surplus declared by the Clergy Trust Committee, there shall be always held by said Trust Committee the sum of one thousand dollars (81,000), arising out of annual per- manent income, over and above the amount required to fulfil the covenants into which the Society has already entered, and the expenses chargeable upon the tund. — Ibid. [Note. — In 1872, the fillowing By-law was passed by the Synod. Should it be confirmed in 1873, it will modif}- the preceding paragraph : " Wherea.s by the Commutation Trust By-law it is enacted, that no additional names should be placed on the list ot recipients of that Fund until $1,000 should arise out of the permanent annual income; and whereas the necessity for the same no longer exists : Be it enacted, That whenever there is a surplus arising out of annual permanent income, atter paying the stipends of those already on the fimd, the next senior clergyman on the non-commuted list may be placed on said fund : and that the clause in the Coramutation By law requir- ing a surplusage of $1,000 before the benefits of the Fund are extended to others, be repealed : " Provided always, that should any deficiency occur, so m 286 CANONh OF THE SYNOD OF THE DlOOICSli oF ['ORONTO. tnat all the clergy on the list cannot lie paid, ihc < omniuting clergymen be paid first, then the next Kenior, so that if any clergynia." is to be unpaid, it shall be the junior on the list. 3. That said surplus shall bo appropriated to the maintenance of the Clergy of the Diocese boinnj in priests orders, according to length of service in the Diocese. — Ibid. What constitutes Service. 4. That such service s^hall consist of the time during which the clergyman has been empk ycd in bona fide parochial or missionary duty in the Diocese, an'' -hat in case there has been any intermission in the time of such sci vice, the lenofth of such intermission shall be deducted from the term of service trom which the clergyman claims. ■^Ihid. Who shall be Senior Claimant. ^b. That when two or more persons are ordained in the Diocese, and their services commence at the same time, he shall be considered senior who is first upon the Bishop's ordination list. But when they have been ordained out of the Diocese, their seniority shall be deter- mined by the date of their licenses from the Bishop of the Diocese, being in priest's orders. And if there shall be any question of seniority not provided for in this By-law, it shall be decided by the Bishop of the Diocese. — Ibid. When Surplus f-hall be Available. 6. That as soon as the Trust Committee shall report a surplus of $400, as above provided, it shall be paid to the senior clergyman of the Diocese (as above defined) not being on the commutation list, and so on in respect of each successive sum of $400 of surplus income. And it is hereby distinctly specified that this provision shall not interfere with any existing arrangement. No clergyman shall receive from this fund more than $400 per annum. Clergymen on List to remain there. 7. That any clergyman once placed on the list shall remain thereon 60 long as he continues to do duty in the Diocese, or is on the super- annuated list thereof, but shall forfeit his claim by removing from it, not being superannuated, or for any time he may be under legal ecclesiastical censure. — Ibid. Holders of Endowed Livings. ' '" " 8. No clergyman accepting after this date an endowed living yield- ing 1400 per annum, or holding the incumbency of a church yielding, from pew rents or otherwise, $800 per annum, shall be placed upon the list of annuitants as aforesaid ; and any annuitant accepting such living shall resign his income from the Commutation Fund, and by such acceptance shall be regarded as having forfeited his present claim ). OONSTITTTTION AND DUTY OP MISSION BOARD. 287 rgymen be unpaid, it enance of to length which the missionary iterraission n shall be lan claims. te Diocese, considered b when they til be deter- be Diocese, of seniority e Bishop of a surplus of ergynian ot lutation list, of surplus provision clergyman uain thereon m the super- ing from it, under legal living yield- rch yielding, placed upon icepting such und, and by resent claim upon such lund. Nevertheless it shall be lawful for him, upon resign- ing such living or incumbency, to be again placed on the list of annui- tants as soon as a vacancy shall arise. And nothing in this by-law shall be construed so as to prevent an exchange being made between the incumbent of such endowed living and an annuitant of this fund, provided such change has the sanction of the Bishop. — Ibid. List of Non-commuting Clergy. 9. That as soon as a surplus arises in the Commutation Fund, it shall be the duty of the Commutation Trust Committee to request the lord Bishop to furnish said committee with a list of those clergy- men who are entitled to claim under this by-law. — Ihid. 8.— CONSTITUTION AND DUTY OF THE MISSION BOARD. (See page 127 of this Compilation.) "The Mission Board shall consist of the two Archdeacons, eleven Clergymen, and eleven LaymeiQ, members of the Synod, one at least of each order fiom each Rural Deanery of the Diocese. A fiind shall be established, to be callcil the Mission Fund, which shall con- sist of all special collections made from time to time in the churches and chapels of the Diocese, in aid of the same, of the interest of all legacies, of all donations and subscriptions, and of all collections for missionary purposes ; and the fund so created and established f-hall be administered by the Mission Board, in accordance with the By-laws of the late Church Society relating to the same, as they existed at the time ot the incorporation of the said Society with the Synod, or in accordance with any By-laws that may at any future time be adopted by the Synod. It shall be the duty ot every incumbent of a Parish or Mission in the Diocese to hold annually, in evcrv church, chapel, or place of worship in his Parish or Mission, a Missionary Meeting in aid of the Mission Fund of the Diocese, and to cause collections to be made for the same object, and to remit the same to the Secretary- Treasurer of the Synod, not later than the last day of April in each and every year." — Constitution of 1870, Section 27. Missionarg Stipends raised to $600 and |800. 2. That it be a recommendation from this Synod to its Mission Board that the salaries of its missionaries, paid in whole or in part by the Board, be, for tiiose in priest's orders, $800 per annum, and for those in deacon's orders -SGOO per annum ; and that this Synod pledges the Diocese to support this scheme. Principles and Objects of the Mission Work. 3. In order to carry out more effectually the mission work of the Diocese, it is desirable that the by-laws for the expenditure of the moneys of the Mission I'und should be repealed ; and that in framing new ones, the following principles and objects should, as far as pog- sible, be kept in view: • >. ... . .,-Ti:ioq,l: :(> -vfA V ^ 288 CANONS OF THE SYNOD OF THE DTOCESE OF TO-RONTO. (l.) To apply the Mission Fund so as to elicit the greatest amount of local cflPort, and to render each Mission, so soon as practicable, self-supporting. (2.) To grant each Mission just so much aid as it requires; taking up each case on its own merits. I (3.) To raise the present scale of pecuniary remuneration to our I Missionaries. (4.) To render the payment of stipends to missionaries as certain and as regular as possible, without wholly destroying that wholesome degree of stimulus, necessarily implied in the voluntary system. (5.) To relieve the Missionary from the unpleasant, invidious, and ' derogatory task of pleading, before his people, for his own individual ; remuneration : and yet make it his duty and interest to urge the claims of tbe Mission Fond on them. (6.) With a view to securine the last-mentioned result, that the stipends of our Missionaries be paid irholly through the Secretary- Treasurer of the Synod ; and. by consequence, the contributions of the people be sent in to t' at official. Ruri-decannl Commitfee on Missions. 4. To carry out the above plan< and objects, there shall be elected annually, at the time of the election of the other officers of the Synod, by the members of the Synod, for each Rural Deanery, two Clergy- men and two laymen being communicants and living in the Rural Deanery for which they shall be elected, who, with the Archdeacon and the Rurnl Dean of that locality, shall constitute a Committee on Missions for that Rural Deanery: and a quorum of said Committee shall consist of the Archdeacon, or RuralDean, and any two elected members. Ruri-decanal Committee to visit Mission. 5. Before a grant be made by the Mission Board in aid of any Mission, it shall be the duty of said Committee to visit such Mission in order to confer with the several congregations thereof, for the purposes of ascertaining their resources and liabilities, and arranging ' with them as to the amounts wiiich they might fairly be expected to raise towards tiie stipend of their Missionary ; and said Committee shall report to the lord Bishop, within one week of their visit, the result of their enquiries, the arrangements which they have made with the several congregations, and the action they would recommend. Ruri-decaval Rcjjort and Action of the Bishop. 6. This report, with such remarks thereon as the lord Bishop may deem tit, shaJ be laid before the Mission Board at its next ensuing- meeting, when the Board shall decide as to the amount which they are able and willing to grant toward the support of a Missionary in said Mission , which decision shall regulate the amount to be given to such Mission from the ftmds at the disposal of the Board, from the date of the appointment of the Missionary of said Mission. ♦> j •■;<..• CONSTITUTION AND DUTY OF MISSION BOASD. 289 amount ticable» Uking to our . certain lolesome !in. LOUS, and idividual urge the that the secretary - 3ution» oC be elected :he Synod, vo Clergy- the Rural k.rchdeacon \mmittee on Committee wo elected aid of any ch Mission of, for the arranging xpected to Committee visit, the .ave made ;commend. Mshop may ^xt ensuing (which they Issionary in Ibc given to 1, from the Failure to make up quota — Remedy. In case the several congregations of any Mission fail to make up their quota of a Missionary's stipend re(juired by the Mission Board, in conformity with the following scale, viz. : 8800 as the stipend of a Missionary in Priest's orders, and ^600 for those in Dear-on's orders, then the said Committee on Missions for the Rural Deanery shall re-visit the several congregations of said Mission, and endeavour to induce the people to raise the proportion payable by tliein towards the stipend of their Missionary to the amount required, and report within one week of the time of their visit, to the lord Bishop, the result of their labours ; which report the lord Bishop shall transmit to the Mission Board, with his recommendations thereon, at its next ensuing meeting. When Agreement may hr entered into. 8. That whenever the Mission Board and the several conirreiralions of any Mission have agreed as to the amounts which they shall sever- ally contribute towards the stipend of their Missionary (which stipend shall never be lower than that recommended by the Synod of 1870,* then it shall be the duty of the Secretary -Treasurer of the Synod to enter into a written agreement in duplicate, with two or more mem- bers of such Mission, approved by the Mission Board, according to the accompanying form : Articles of agreement between the Board of Missions of the Synod of the Diocese of Torocto, and two or more members of the ronjrregation of the Mission of jvitnessoth tliat the undersigned Church- warden.'^ of said congregation, i^nee FoTiave the sum of dollArH, lawful money of Canaaa, follectid and paid quarterly to the Secretary- Treasurer of the Synod of said Dioci-se, so long as the ministrations hereafter agreed upon to be afforded to caid concrregation shall be continued. The services referred to in the above paragraph shall be and in consideration of the regular and punctual payment of the above-mentioned sum, the Board of SJissions afore- said hereby undertake to maintain such ministrations of the Church, in the place and at the time mentioned above, so long as the said sum shall be paid. The present agreement is for the terra of three years counting from the Signed in Duplicate. Stipends to he payable quarterly. 9. These agreements having been thus entered into, it shall be the duty of the Secretary-Treasurer of the Synod to pay quarterly the ' stipends of the Missionaries, out of the general Mission Funds of the Diocese, according to a list furnished him bv the lord Bishop, but subject to regulations contained in the subsequent clauses of this By-law. * In 1872, this eection was modified as follows, and (if approved in 1873) will mpereede this part of the section: " That the [Slst] section of the By-law adopted at the last session of the Synod, for the expenditure of the Mission Fund, be amended by adding after the words, ' the Svnod of 1870,' (in the fourth line of said section) the following clause: 'Except that a less c^>ead shall be accepted by the lord Bishop of the Diocese and three-fourths of the members of the Missioo Board present at any quarterly meeting thereof. ' "—Session of 1873, ptige 87. V - * 'a ■A ■»Wf" •^w i r: '■''. 290 CANONS OF THE STNOD OJS' THE DIOOEBE OF TORONTO. Engaffements to extend over Three Years. 10. Every engagement between the Board of Missions and the oongreprations of any Mission, shall be binding upon both parties for three years, unless otherwise agreed upon; but it is expressly under- stood, that every such engagement shall be liable to revocation or modilication at the end of each three years ; or on a change of the Missionary in charge ; or whenever two-thirds of the members of the Board present at any meeting of the same, see sufficient reason to alter their estimate of the pecuniary abihty o! the Mission ; notice of "I'cli proposed modification or revocation must be given at one meet- ing ot the Board, and discussed and disposed of at the next. Notice iii case of Failure to Remit. 11. Whenever any Mission shall fail to remit the amount agreed to bo paid into ihe Mission Fund, by the several congregations of said Alission, or any part thereof, then three months after the sum shall liuve fallen due (the amount still remaining unpaid) it shall be the duty of the Secretai'y-Treasurer of the Synod meanwhile to suspend payment to the Missionary of his stipend ; to report the said failure to the lord Bishop, who shall order the Secretaiy-Treasurex to trans- mit to the Missioi.ary, and also to the Churchwardens oi the congre- gations in arrear, a copy of the following notice : To the Churchwardens and Members of the Congregation of I liiivo been directed by the Mission Boaid to notify you that the contri- biition due from yon to the Mission Board of the Diocese, not having b»-t*n paid on day of , the services of )'oiir Missionarj' will, after S^ndav next (or from this day) be suspended by order of tlie Bishop, in accori7it^ .... ; u'^ling rule of the Synod to that eff* ct, until the payment as agret d Ufoii is duly made. 'I'll is may seem to be n severe measure ; but the Board of Missions have been iinahlt- to devise any ot'ier just and practicable course which might i ring liome to all parties the gravity of the occasion, and the imperative necessity of prompt and decisive action in the matter. I am, Gentlemen, Your obedient servant, Secretary- Treaiurer This Tiotice shall be read to the congregation in arrears, on the two Sundays on which service is held, next after the receipt thereof. Failure of Stipend- — Duty of Missionary 12. That it shall be the duty of the Missionary, whose sen'ices have been thus suspended, to report that fact, within one week, to the lord Bishop of the Diocese. 13. That when thus notified, the lord Bishop shall direct the Com- mittee on Missions for the Rural Deanery to ascertain, as soon as practicable, the reason of said failure. 14. It shall be the duty of the Missionary in charge of the default- ing congregation, and the Churchwardens thereof, to appear before CONSTITUTION AND DUTY OF MISSION BOAKD. 291 Com- on as jfore this Committee on Missions, when notified by the Chairman thereof of the time and place of their meeting, which place shall be in the Mission. Committee on Missions to examine and report. 15. That a full written report of all the evidence taken by the Committee, ^vith their opinion on the merits of the case, shall be for- warded to the lord Bishop within one week after the completion of their enquiry, by the Archdeacon or Rural Dean presiding, and authenticated by his signature, aiid, on receiving this Report, the lord Bishop shall forthwith forward it to the Mission Board, with any remarks appended thereto that he may deem proper. Missionary to he sustained — When. 16. That, when the congregation are found in fault, and they can show no just cause for complaint against their Missionary, and they still continue in arrears, then their Missionary, if he desires it, shall be sustained in his position, at the discretion of the lord Bishop. Remedy in case Arrears continue. 17. That in case the congregation shall continue in arrears in regard to their engagement, after having been reported in fault, and shall still refuse or neglect to pay up such arrears, then the lord Bishop shall direct the Secretary-Treasurer of the Synod to pay to such Missionary so much from the Mission Fund of the Diocese, as will enable him to remain on the spot for a period not exceeding three months, at the discretion of the lord Bishop; or as will enable him to remove to some other Mission in the Diocese to w hich he may W appointed ; and it shall not be lawfiil for the Secretary -Tieasurer to pay any moneys to a new Missionary in said Mission until all arrears shall have been paid to the Secretary -Treasurer of the Synod by said Mis- sion, as due to their late Missionary for services performed ; and also until they shall have paid to the Secretaiy -Treasurer sufficient to repay the Mission Fund the money advanced to their Missionary, to bear the expenses of his removal. In every such case the Mission Board may aid in sustaining another Clergyman to serve the Mission, at such time and on such conditions as the lord Bishop shall deem right. Who shall not serve on Committee, and trhen — Expenses. 18. Xo Clergyman or layman shall serve on the Committee on Missions when his own Mission forms the subject of enquiry ; but the Missionary in charge shall have the right of object:ng t(' any elected member of the Committee on showinir cause for so doinjj to the satis- faction of the lord Bishop, who sh; 11 then appoint anothe' in the room of the one objected to as far as this case is concerned. 19. That the actual necessary expenses of the Committee on Mis- sions in each Rural Deanery, incurred in carrying out the provisions of thb By-law, be paid by the Secretary-Treasurer out of the general jwi pii(;pi|injipwi 292 CANONS OF THE SYNOD OF THE DIOCESE OP TORONTO. i Mission Fund of the Diocese to the Chairman of the Committee, who shall pay the expenses of the several members of the said Committee. 20, That the By-laws of the late Church Society for the manage- ment of the funds of the Mission Board, are hereby repealed. — Session of 1871, pages 43-48. Annual Missionary Meeting during Synod. That a Diocesan Missionary Meeting shall constitute a part of the annual proceedings of the Synod. — Session of 1870, page 78. [.NoTK.— A resolution to the same effect was, on motion of Professor W ilson pasRod at the Provincial Synod in 1871.] 9.— CHRISTMAS OFFERTORY FOR THE INCUMBENT. (See page 126 of this Compilation.) [Note.— In 1860 and 1867 the following resolutions were passed:] 1. That the offertory of the respective congregations of the Church throughout the Diocese, on Christmas day every year, shall be devoted to the sole use of the Incumbent of the Church in which the offertoiy is made. — Session of 1860, page 181. 2. That the expense of printing and forwarding the usual annual pastoral letter of the Bishop, respecting the Christmas offering, together with all similar papers, shall be borne by the Synod, instead of being made a charge on the clergy. — Session of 1867, page 67. i J. -INDIAN CHURCH MISSIONS. (See page 139 of this Compilation.) The Indian Missions Committee shall consist of four Clerical and four Lay Representatives, who shall have charge of the Missions to the Indians, and shall manage and administer all moneys collected for, and all funds belonging to such Missions, upon the same trusts on wliich they were held by the late Church Society at the time of its incorporation with the Synod, or in accordance with any By-laws which may hereafter be adopted by the Synod. — Section 28 of Con- stitution adopted at Session of 1870, page 60. 11. —ENDOWMENT OF THE SEE OF TORONTO.* (See pag 146 of this Compilation.) That the committee on the Episcopal Endowment Fund be instructed to invest the moneys collected for that Fund in provincial or county debentures, and that investments be recrularly made whenever the sum in hand amounts to $2,000, or oftener, if advisable. — Session of 1864, pages 80, 31. * The present Diocese of Toronto inclades tlic citicB of Toronto and Hamilton, the coun- ties of Lincoln, Wollanii, Haldimand, Wcntworth, Wellington, Halton, Peel, York, Slmcoe, Ontario, Durham, Victoria, Peterboro' and Northumberland, embracing 143 townships, together with the District of Algoma. In 1861, the Church of England population in fna D^ese numbered 137,654. It is now doubtless upwards of 160,000. , «y^^ SUBDIVISION OF DIOCESE ELECTION OF BISHOP. 293 [NoTK. — In 1865, a repori on tho'state of the endowment was laid before the ^ynod (pp. 21-25). A b)'-law presented for adoptior, founded on the report (pp. 32, 33) was referred to a special committee. Subsequently the following resolutions were adopted :1 4. That the future income of tbe Episcopate in the Diocese of Toronto, from whatever source derivable, °hall not at any time exceed $4,000 per annum, unless arising from donations specially given for the See of this Diocese hereafter. 6. Should any surplus at any time arise from increased value of land or other securities, or from any other source, such surplus shall be appropriated to the increase of the Episcopal office. 6. Should any See House at any time be provided by the Diocese, the benefit of such house shall not be included in the above-named income. Ltany time it may become desirable to divide the Diocese"^' Torontointo~44>u:LOr more partyandr^ueb-di vifei o u s liatH>'e sanctioned by the Synod^e3iilrpaft-sa-.setoff and intended to form a sep'arate Diocese^»>batrbe entitled to suclr~part-ef-tli.e__E^copal Endowment was raised within its own bounds. "^ ^-~ 8. That such division of the Fund shall not take place until a suf- ficient sum is fur.ded in the Diocese of Toronto, to make up the sum of ($4,000) four thousand dollars per annum. if i^r v':iil aws )on- the of coun- mcoc, ihips, n tl\Q 12.— SUBDIVISION OF THE DIOCESE OF TORONTO. * (See page 148 of this Compilation.) 1. In the event of a subdivision of the Diocese, the portion intended to form the new Diocese shall be bound in all their public proceed- ings by the Constitution of the Diocese of which they formed a part, until the said new Diocese shall be fully organized by the election and consecration of the Bishop. — Session of 1857, pages 17 and 36 ; of 1860, page 151, and of 1870, page 110. 2. At any tiija^t may become desirable to divide the Diocese of Toronto into two or more parts, and such subdivisions shall be sanc- tioned by the Synod, each part so set oflf and intended to form a separate Diocese shall be entitled to such part of the Episcopal Endowment Fund as was raised within its own bounds. — Session of 1865, page 33. ' 13.— ELECTION OF A BISHOP. (See page 148 of this Compilation.) 1. On a vacancy in the Si'e, the Dean, or the senior Archdeacon, or in his absence the Archdeacon next in order of seniority, or in the absence of an Archdeacon, the senior Rural Dean shall, within one • In 1872 the following resolution was passed by the Synod: " That in the opinion of the Synod, the present Diocese of Toronto is too extensive for the snpervision of one Bishop. — SeBBlon of 1878, page 44. a u< 294 CANONS OF THE SYNOD OF THE DIOCESE OF TORONTO. week from the occurrence of such vacancj, summon a meeting of the Clergy and Lay Representatives, to bo lield at the expiration of twenty days from the date at which such meeting shall be summoned, to elect a successor in the See. 2. In the election of a Bishop to a vacant See, or to a new See, the Clergy and Laity shall vote separately by ballot, the Clergy by individuals, and the Laity by parishes,* A majority of votes in each order shall determine the choice, provided that two-thirds of the Clergy entitled to vote are present and vote, and that two-thirds of the parishes entitled to vote be represented and vote ; otherwise two- thirds of the votes of each order shall be necessary to determine the choice. 3. Any Clergyman electe 1 to be a Bishop, and holding at the time of such election any preferment or benefice, shall resign such prefer- ment or benefice prior to his consecration. — Session of 1870, page 99. 14.— ELECTION OF A SUFFRAGAN OR COADJUTOR BISHOP. (See page 162 of this Compilation.) , . Whenever the Bishop of the Diocese shall, by writing under his hand, signify to the Synod of the Diocese, through the Executive Committee thereof, that ho is desirous of having a Suffragan and Coadjutor Bishop nominated by the Synod, if such signification be in time before the annual meeting of the Synod to give the usual notice thereof according to the rules of the Synod, the said Executive Com- mittee shall give notice thereof; and that such election shall be pro- ceeded with at the next meeting of the Synod, immediately alter the reading of the minutes of the last Synod, and before any of the busi- ness is proceeded with ; and such election shall be proceeded with accordingly, under the same canons and in the same manner as in the case of the election of a Bishop of the Diocese ; except that the Bishop of the Diocese, if present, shall preside at such election ; and, if not present, the Synod shall be presided over as in the case of the election of a Bishop on a vacancy occurring in the See. 2. If such signification is made as in the first section mentioned, at such time as in the opinion of the Bishop renders it desirable that a special meeting of the Synod shall be held for such election as aforesaid, the Bishop of the Diocese shall call such special session for such election, and the Exeoutivo Committee shall forthwith give * In 1865, the following resolution was pasBed by the Synod, but itB confirmation was ne^atlvedby the Synod in ISOG: * * * "But if the result of such ballot Bhall shew a majority of votes in favour of placing the nomination in the hands of the Archbishop and Bishops of the United Church of England and Ireland, or any one or more of them, then, on such nomination taking place, it shall be final, and the person bo nominated Bhall be considered elected. In the event, however, of the election of a Coadjutor or Suffragan BlBhop, Buch i>owur shall not be exercised except bv permission of the Bishop, ffiven either at the commencement or during the proceedings.— Seseion of 1866, page 4S, antf SesBlon of 1866, page 48. i bishop's court for the trial of offences. 296 \% .' hotice of such special session, and shall take charge of and conduct the proceedings at such elect- t,^ at the special session so called as aforesaid. 3. The Suffragan and Coadjutor Bishop so elected shall become and be the Bishop of the Diocese whenever any vacancy occurs in See, without any further election. 4. Before the election of any such Suffragan and Coadjutor Bishop is proceeded with, the Synod shall resolve that the election of a Suf- fragan and Coadjutor Bishop is necessary. 6. When a Suffragan and Coadjutor Bishop is elected and conse- crated he shall have the same powers, privileges, and authorities as the Bishop of the Diocese, but shall exercise them in subordination to the Bishop of the Diocese. — Session of 1865, pages 40-50, and Session of 1866, page 44. 6. That the lord Bishop be respectfuU}'^ requested to provide a form of prayer, to be used in all the congregations of the Diocese, lor the Divine direction and guidance in the choice of a clergyman to till the oflfice of Coadjutor Bishop. — Session of 18G6, page 64. iHlHI in 16.— BISHOP'S COURT FOR THE TRIAL OF OFFENCES. (See page 152 of thie ComplIaUoD.) ^ [Note. — In 1859, a Committee of the Synod reported, among other things, that they tind, that by virtue of the Royal Prerogative, exer- cised in granting the letters patent to the lord Bishop of Toronto, his successor, (which thoy are advised has full legal force in this matter,) the Bishop oi Toronto received authority to exercise jurisdiction within his Diocese over all persons in Holy Orders of the ohurch of England ; to call them to account for offences concerning their morals or their behavior in their office or station, and to remove, deprive, or suspend tbein, or intlict on them any other such ecclesiastical censure or correction as they may be liable to, according to the canons and laws ecclesiastical of that Church. 2. That they are advised that it is extremely difficult to decide what portion of the ecclesiastical laws of England is or is not in forco in this Colony ; but it may be stated that the canons of 160^ are at present in 'brce in regai'd to the Clergy ; but not in regard to the Laity, except so far as they may embody * * * or contain ancient canons having the common law ; and that the powers recited in the foregoing clauses arc confined to the exercise of jurisdiction over the Clergy only. This being the state of things before the passing of the Synod Act, by that Act the Synod is empowered to make regulations for^enforcing discipline in the Church. * * And the Committee is advised that the Synod by this Act is empowered to make any altera- tions in the canons previously in force in regard to the Clergy, tor carrying out the powers above recited ; aud with the same ends to ;. H 1:1 m 296 0ANON8 OP THE SYNOD OF THF DIOCESE OP TORONTO. (i^ff make new canons applicable to both Clergy and Laity * * * and that its canons, so far as legally adopted, will b i recognized and supported by the civil courts. * ^ * * * Court to be erected. — Erujlish Discipline Act adopted. 3. They therefore recommend that the Bishop be requested at an early day to erect his own Court under his Patent ; and that as the exercise of discipline may be lequirccl in regard to the Laity as well as the Clergy, the Synod should formally 'of ognize the Bishop's Court as that which should exercise jurisdiction over both Clergy and Laity ; and as it is requisite that the Bishop's Court should have some rules to govern it, (and it is doubtful whether the English Statutes on that snbject are in force in this country) they further recommend that the English Church Discipline Act, 3 and 4 Vict, ch. 87, so far as its pro- visions are applicable to the circumstances of t^-is country, should be adopted for the guidance of the Court in reference to the Clergy. — Session of 1859, pages 30-32. [Note. — In accordance with the recommendations in this Report the Synod adopted the following resolutions :] 4. That the Bishop be requested to erect his Court, under the au- thority cojiferred by his Patent, at an early day. — Session ot 1859, pages 32 and 90. 5. That the Synod declares the Bishop's Court to be the Court for the trial of all otfences of the Laity as well as of the Clergy, against the provisions of the Act constituting the Synod, or against any of the rules, regulations or canons passed by the Synod. — Ibid. 6. That the Synod adopt the Imperial Statute 3 and 4 Vic, sec. 87, commonly called the Church Discipline Act, with the exception of the 24th section of that Act [see section 8 below], as the rule for guidance in the administration of the Bishop's Court in reference to the Clergy, so far as the same may be applicable to the circumstances of this Diocese. — Ibid. [Note. In 1860 the following resolution was passed :] 7. That the canon for the erection of the Bishop's Court, and the introduction of the Church Discipline Act, as adopted at the last meeting of the Synod, be confirmed. — Session of 1860, page 78. [NoTB. In 1861 the canon on this subject was amended as follows :] 8. That so much of the canon of Synod, introducmg the English Church Discipline Act, as relates to the 24th section of that Act, be repealed, and that the Bishop of the Diocese shall exercise all the powers conferred by this Act, notwithstanding that he may be the patron of any preferment which may be affected by any proceedings taken under this Act. — Session of 1861, page 278. \ English ohueoh DisoiPLiirE act. 297 ish be the the ing» I 16. -ENGLISH ACT FOR BETTER ENFORCING CHURCH DISCIPLINE. Assented to 7tb Aagost, 1840, Repeal of 1 Henry VII., chap. 4. Whereas the manner of proceeding in Causes for the Correction of Clerks'requires Amendment : be it enacted by the Queen's most Ex- cellent MMJcsty, by and with the advice and consent of the Lords Spiritual fuul Temporal, and Commons, iti this present Parliament as- sembled, and by the authority of the same, That an act passed in the first year of the roio;n of King Henry the Seventh, intituled An Am for Bishops to punish Priests and other Religious Men for Dishonest Lives, shall be repealed. Definition of the Terms, '• Preferment,''^ " Bishop,^' " Archbishop and Diocese. ^^ n. And be it enacted. That, unless it shall otherwise appear from the contexL, .,he term " Preferment," when used in this Act, shall be construed to comprehend every Deanery, Archdeaconry, Prebend, Canoiiry, Office of Minor Canon, Priest, Vicar, or Vicar Choral in Holy Orders, and every Precentorship, Treasurership, Sub-Deanery, Chancellorship of the Church, and other Dignity and Office in any Cathedral or Collegiate Church, and every Mastership, Wardenship, and Fellowship in any Collegiate Church, and all Benefices with Cure of Souls, comprehending therein all Parishes, Perpetual Curacies, Donatives, endowed Public Chapels, Parochial Chapeliies,and Chapel- ries or Districts, belonging to or reputed to belong, or annexed or reputed to be annexed, to any Church or Chapel, and every Curacy, Lectureship, Readership, Chaplaincy, Office or Place which requires the Discharge of any Spiritual Duty, and whether the same be or be not within any c xeinpt or peculiar Jurisdiction ; and the word " Bishop" when used in this Act, shall be construed to comprehend "Archbishop;" and the word " Diocese," when used in this Act, shall be construed to comprehend all places to which the jurisdiction of any Bishop extends under and for the purposes of an Act passed in the Second Year of the Reign of ller present Majesty, intituled An Act to abridge the holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy. Bishop may issue a Commission of Enquiry — Notice to be previously given. IIL And be iL enacted, That in every case of any Clerk in Holy Orders of the United Church of England and Ireland who may be charged with any oftence against the Laws Ecclesiastical, or concern- ing whom theie may exist scandal, or evil report as having offended against the said laws, it shall be lawful for the Bishop of the Dioceae 20 ^ > if IP 29 .^ CAN0N8 OF TfiE SYNOD OF THK DIOCESE OF TORONTO. within which the offence is alleged or reported to have been commit- ted, on the application of any party complaining thereof, or if he shall think lit of his own mere motion, to issue a Commission under his hand and seal to live persons, of whon: one shall be his Vicar- General, or an Archdeacon or Rural Dean within the Diocese, for the purpose of making enquiry as to the grounds of such charge or report: Provided always, that notice of the intention to issue such Commission under the hand of the Bishop, containing an intimation of the nature of the offence, together with the names, addition, and residence of the party on v.'hoso application or motion such Commission shall be about to issue, -shall be sent by the Bishop to the party accused fourteen days at least before such Commission shall issue. J^roceedings'^of the Commissioners. IV. And be it enacted. That it shall be lawful for the said Commis- sioners or any three of them to examine upon oath, or upon solemn affirmation in cases where an affirmation or declaration is allowed by Law instead of an oath, which oath or affirmation or declaration re- spectively shall bo administered by them to all witnesses who shall be tendered to them for examination, as well by any party alleging the truth of the charge or report as by the party accused, and to all wit- nesses whom they may deem it necessary to summon for the purpose of fully prosecuting tlie inquiry, and ascertaining whether there be sufficient prima facie ground for instituting further proceedings ; and notice of the time, when, and place where every such meeting ot the Commissioners shall be holden shall be given in writing, under the hand of one of the said Commissioners, to the party accused, seven days at least before the meeting ; and it shall be lawful for the party accused, or his agent, to attend the proceedings of the Commission, and to examine any of the witnesses ; and all such preliminary pro- ceedings shall be public, unless, on the special application of the party accused, the Commissioners shall direct that the same or any part thereof shall be private ; and when such preliminary proceedings, whether public or private, shall have been closed, one of the said Commissioners shall, after due consideration of the depositions taken before them, openly and publicly declare the opinion of the majority of the Commissioners present at such inquiry, wlethei there be or be not sufficient prima facie ground for instituting further proceedings. Report of the Commissioners. V. And be it enacted. That the said Commissioners, or any three of them, shall transmit to the Bishop under their hands and seals the depositions of witnesses taken before them, and also a report of the opinion of the majority of the Commissioners present at such inquiry whether or not there be sufficient prima facie ground for instituting proceedings against the party accused ; and such report shall be filed in the Registry of the Diocese ; and that if the party accused shall ENGLISH CHURCH DIKCTPLUTE ACT. 299 hold any preferment in any other Diocese or Dioceses, the Bishop to whom the report shall be made shall transmit a copy thereof, and of the depositioas, to the Bishop or Bishops of such other Diocese or Dioceses, and shall also, upon the application of the party accused, cause to be dolivored to such party a copy of the said report and of the depositions, on payment of a reas«.>uable sum for the same, not exceeding two-pence for each folio of ninety words. re- Bishop may pronounce Sentence, bt/con^eut, wtkout further Proceedingt. VI. And be it tnacted, That in all cases .yhere proceedings shall have been commenced under this Act against ;ir} t-h'h. Clerk, it shall be lawful for the Bishop of any Dioceso within which such Clerk may hold any preferment, with the consent of such Clerk and of the party complaining, if any, tirst obtained in writing, to pronounce, without any further proceedings, such sentence as the said Bishop shall think fit, not exceeding the sentence which might be pronounced in due course of law ; and all such sentences shall be good and effectual in law as if pronounced after a hearing according to the provisions of this Act, and may be enforced by the like means. ilil )gs. Ithree Is the if the Iquiry luting filed shall Articles and Depositions to he Filed, VII. And be it enacted, that if the Commissioners shall report that there is sufficient primn facie ground for instituting proceedings, and if the Bishop of any Diocese within which the party accused may hold any preferment, or the partv complaining, shall tiiereuj)on think fit to proceed against the party accused, articles shall be drawn up, and, when approved and signed by an Advocate practising in Doctors Commons, shall, together with a copy of the dej>osition9 taken by the Commissioners, be tiled in the Registry of the Diocese of such last- mentioned Bishop ; and any such party, or any person on his behalf, shall be entitled to insj)oct without fee such copies, and to require and have, on demand, from tlic Registrar (who is hereby required to deliver the same), copies of such depositions, on payment of a reason- able sum for the same, not exceeding two-pence for eaih folio of ninety words. Service of Copy of the Articles on the Party. Vni. And be it enacted. That a copy of the articles so filed shall be forthwith served upon the party accused, by personally delivering the same to him, or by leaving the same at the residence house belong- ing to any preferment holden by him, or if there be no such house, then at his usual or last known place of residence ; and it shall not be lawful to proceed upon any such articles until after the expiration of fourteen days after the day on which such copy shall have been so served. . ., ; ' f i n 300 OiiNONS OF THE SYNOD OP THE DIOOESB OP TORONTO. Bishop may require the Party to appear before him, and may pronounce Judrpnent on Adnilssion. IX. And be it enacted, That it shall be lawful for the said last men- tioned Bisliop, by writing under his liantl, to require the party to appear, eitlier in person or by his ai^x-nt duly a[)poiuted, as to the said party may seem tit, before him at any placi; within tlie Diocese, and at any time after the expiration ot the .said fourteen days, and to make answer to the said articles witliin su jh time as to the Bishop may seem reasonable; and if the party shall a})pc'ar, and by his answer admit the truth of the articles, the Bi^;hop, or his Commissary specially appointed for that purpose, shall fonlnvith proceed to pronounce sen- tence thereupon according to the Ecclesiastical Law. How Notice and Requisition to be served. X. And be it further enacted, That every notice and requisition to be given or made in pursuance of this Act, shall be served on the (V^xuiA^JLa party to whom the same \\ ipi i ifiillj relate in the same manner as is - hereby directed with respect to the service of a copy of the articles on the person accused. Proceedings on a Hearing before the Bishop. XI. And be it enacted, That if the party accused shall refuse or neglect to appear and make any answer to the said articles other than an unqualified admission of the truth thereof, the Bishop shall proceed to hear the cause, with the assistance of three Assessors, to be nominated by the Bishop, one of whom shall be an Advocate who shall have practised not less than five years in the Court of the Arch- bishop of the Province, or a Sergeant-at-Law, or a J5arrister of not less than seven years' standing, and another shall be the Dean of his Cathedral Church, or of one of his Cathedral Churches, or one of liis Archdeacons, or his Cljancellor; and upon the hearing of such cause the Bishop shall determine the same, and pronounce sentence there- upon according to the Ecclesiastical Law. Sentence of Bishop to be effectual in Law. XII. And be it enacted, That all sentences which shall be pro- nounced by any Bishop or his Commissary in pursuance of this Act, shall be good and effectual in law, and such sentences may be enforced by the like means as a sentence pronounced by an Ecclesiastical Court of competent jurisdiction. Bishop may send the Cause to the Court _ of Appeal of the Province, ■ and Judge of the Court may make Orders for expediting such Suits. XIII. Provided always, and be it enacted. That it shall be lawful for the Bishop of any Diocese within which the offence is alleged to have beeu committed, in any case, if he shall think fit, cither in the BNOLisn cnuRcn discfpline act. 301 first instance or aftrr tlio Commissioners shall have reported that there is sufficient prima fucie tri'oiuid for instituting procee.linjjs, and before the filinnr of the articrlos, lint not aftorwar'.ls, to send the case by let- ters of request to the Court of Appeal of the Province, to be there heard and detDrmiiKul accordint; to the law and practice of such Court: Provided always, that the Judc^o of the said Court may and is hereby authorised and onipoworod from time to time, to make any order or orders of Court for the purnose of expediting such suits, or otherwise improvinp^ the practice of the said Court, and from time to time to alter and revoke the; same : Provided also, that there shall be no appeal from any interlocutory decree or ordf;r not havinor the force or effect of a definitive sentence, and thereby cndin^^ the suit in the Court of Appeal of the Province, save by permission of the Judge of such Court. Hi cause there - lawful eged to in the Bishop empowered to inhibit Partj/ accuned from perfon'ming Servicer of the Church, r tliem accordingly, or in case a fit person shall not be nominated the Bishop shall make such provision for the service of the Church as to him shall seem necessary; and in all such cases it shall be lawful for the Bishop to assign such stipend, not exceeding the stipend re(|nired by law for tlie Curacy of the Church belonging to the said party, nor exceeding a moiety of the net annual income of the benefice, as the I'ishop may think fit, and to provide for the payment of such stipend, if necessary, by sequestration of the living : Provided also, that it shall be lawful for the said Bishop at any time to revoke such iuhibitiou and license respectively. 302 0AK0K8 or TEX STNOD OF THB DIOOBSE OF TOBOMTO. What Appeals may he. XV. And be it cnactiHl, That it sluill be lawful for any party who shall think himself anfi^rievcd by tho jiulj^niunt |)ronoun(;i;J in the first inAtance by the IJisiioj), or in the Court of Appeal of the Province, to appeal from such jurs''of the Privij Council, to be mem- bers of the Judicial Committee on all Appeals under this Act. XVI. And be it enacted, That every Archbishop and Bishop of the United Church of Encjland and Ireland, who now is or at any time hereafter shall be sworn of iier Majesty's Most Honourable Privy Council, shall be a member of the Judicial Committee of the Privy Council for the purposes of every such appeal as aforesaid ; and that no such appeal shall be heard before the Judicial Conmiittee of the Privy Council unless at least one of such Archbishops or Bishops shall l»e present at the hearins^ thereof: Provided always, that the Archbishop or Bishop who shall have issued the Commission herein- before mentioned in any such case, or who shall have sent anv such case by letters of request to the Court of Appeal of the Province, shall not sit as a member of the Judicial Committee on an appeal in that case. Attendance of Witnesses, and production of Papers dec. , may he comjielled. X V 11. And be it enacted, that it shall be lawful in any such inquiry for any three or more of the Commissioners, or in any such proceed- ing for the Bishop, or for any assessor of the Bishop, or for the Judge of Court of Appeal of the Province, to require the attendance of such witnesses, and the production of such deeds, evidences, or writings, as may be necessary ; and sucli Bishop, Judge, Assessor and Com- missioners respectively, shall have the same power for these purposes as now belong to the Consistorial Court and to the Court of Arches respectively. Witnesses to be examined on^Oath, and to be liable to punishment for '. „. Perjury XV 111. And be it enacted. That every witness who shall be exa- mined in pursuance of this Act shall give his or her evidence upon oath, or upon solemn affirmation in cases where an affirmation is ENGLISH CHUUCU DI^CU'LINE ACT. 303 died. lin'iniry Iroceed- Jndge Uf such jritings, (^om- liqioscs lArches mt for Ibe exa- [e upon ition is allowed by law instead of an oath, which oath or affirmation roRpeot- ively, shall be administered bv the Jud;{e of the Court or his Ssirrojjate, or by the Assessor of the Bishop, or by a Commissioner; and that every such witness who shall wilfully swear or affirm falsely shall be deemed guilty of perjurv. Provmons if Act not to interfere with Peri^ons instituting /oiitu to eHtablish a Civil Right— 2^ H. S. c. 9. XTX. Provided always, and be it enacted, that nothing hereinbefore contained shall prevtjnt anv person from institnting as voluntary pro- moter, or from proseiMitiu;;. i»»uchform or manner, and in such Court as he mififht have don'^ befor : the passiui; of this Act, any suit which, though in form criminal, shall have the etfect «)f asserting, ascertain- ing, or establishin'4 anv civil right, nor to prevent the Archbishop of the Province from citing anv such Clerk before him in cases and under circumstances in and under which such Archbishop might, before the passing f)f this Act, cite f^uch Clerk under and in pursuance of a statute passed in the iwenty-third year of the reign uf King Henry the Eitflith, intituled ,1m Act thit no ptntnn snail In- ci/tJ onl of the Diocese where he or nhe dwelleth, except in certain cases. Suits to be commenced within two yeats — P<-oviso. XX. And be it enacted, That e\'ery suit or proceeding against any such Cl(!rk in Holy (Jrders for any otfence against the Laws Ecclesi- astical shall be commenced within two years after the commission of the offence in respoft of which the suit or proceeding shall be insti- tuted, and not afterwards: Provided always, that whenever any such suit or proceeding shall be brought in respect of an otfence for which a conviction shall have been obtained in any Court of Common Law, such suit or proceeding m ly be brought against the person convict"! at any time within six calendar months after such conviction, althougn more than two years shall have elapsed since the commission of the offence in respect of which such suit or proceeding ^hall b^' so brought. 2*7 G. 3, c. 44, not to apply to Suits against Spiritual Persons, ike. XXL And be it declared and enacted. That the Act passed in the twenty-seventh year of the reign of His late Majesty King George the Third, entitled An Act to prevent frioilo'xs and vexalwus Suits in the Ecclesiastical Courts, does not and shall not extend to the time of the commencement of suits or proceedings against Spiritual [»ersons for any of the offences in the said Act named. Power of Archhishofts and B'shops a* to exempt or peculiar Places or Preferments. XXIL And be it enacted. That ever}- Archbishop and Bishop within the limit of whose Province or LHocese respectively, any place, district or preferment, exempt or peculiar, shall be locally aitu- 1 304 CANON b »)i. THE SYNOD OF THE DIOCESE OF TOfiONTO. .! ..; ated, shall, except as herein otherwise provided, have, use, and erer- cise all the powers and authorities necessary tor the due execution by them respectively of t) " provisions and purposes of this Act, and for " fi enforcing the same with rejjard thereto respectivel'/, as such Arch- A^Wl^^rK bishop and Bishop u^^^^t^ti^ would have used and exercised if the ^ same were not oxen pt or peculiar, but were subject in all r-i^spects to the jurisdiction of such Archbishop or Bishop* and where any place, district or preferoient, exempt or peculiar, shall be locally situate be- tween the limits of more than one Province or Diocese, or where the same, or any of them, shall be locally situate between the limits of the two Provinces, or between the limits of any two or more Dioceses, the Archbishop or Bishop of the Cathedral Church to whose Pro- vince or Diocese the Cathedral, Collegiate, or other Church or Chapel of the place, district, or preferment respectively sh.dl be hcarest in local situation shall have, use, and exercise all the ])uwfrs and autho- rities which are necessary for the due execution of the ])rovisions of this Act, and enforcing the same with regard thereto respectively, as such Archbishop or Bishop could have used if the same were not exempt or peculiar, but were subject in all respects to the jurisdiction of such Archbishop or Bishop respectively, and the saiue lor all the purposes of this Act shall be deemed and taken to be within the limits of the Province or Diocese of such Archbishop or Bi>hop ; pro- vided that the peculiars belonging to any Archbishopric or Bishopric, though locally situate in another Diocese, shall continue subject to the Archbishop or Bishop to whom they belonjT, as well for the pur- pose of this Act as for all other purposes of Ecclesiastic; 1 J urisdic- ion. Limitation of Suits. XXTir. And be it enacted, "That no criminal suit or proceeding against a Clerk in Holy Orders of the United Church of England and Ireland, for any offence against the Laws Ecclesiastical, shall be in- stituted in any Ecclesiastical Court otherwise than is hereinbet'ore en- acted or provided. If a Bishop is Patron of the Preferment held by accused Party, Archbishop to act in his Stead. XXIV.IAnd be it enacted, That when any Act, save sending a case by letters of request to the Court of Appeal of the Province, is to be done or any authority is to be exercised by a Bishop under this Act, such Act shall be done or authority exercised by the Archbishop of the Province in all cases where the Bishop, who would otherwise do the Act or exercise the authority, is the 'Patron of any prefer- ment held by the party accused. Saving of Archbishop and Bishlp's Poioers. XXV. And be it enacted, That nothing in this Act contained shall be construed to aftect any authority over the Clergy ot their n spec- tive Provinces or Dioceses which the Archbishops or Bishops of Eng- ing a lice, is ■r this >ishop erwise »retcr- rl shall f Eng- SOLEMNIZATION OF MATRIMONY. 305 land and Wales may now accorclinsr to law exercise personally and without process in Court ; and that nothing herein contained shall extend to Ireland. Act matj be amended, e) was adopted : " That tlic lloiinc of BimiopH, feeling the want of a Hymnal for the Anglican Communion, rejoice to hear that the subject has en- gap;ed the attention of the CopvocMions of Canterbury and York, and express the hope that Huch ilyuuial may be upeedily prepared and publli-iied ; and that a copy of this resolu- tion be transmitted to the R-esidents of the Convocations of Cantynod of the same. It is therefore necessary to make such amendmems in the By-law of the said Church Society for the administering of the Widy-la\vs which may be adopted by the Synod for the administration of the s.ime, and shall report annually to the Synod the condition of the said Fund and the mode in which it has been administered. — Section 'Jd «»f Constitution of 1870. THEOLOGICAL STUDENTS' FUND BY-LAW. [Note. — In 1870, the following By-law was adopted :] A Committee of Synod shall be appointed annually, whose duty it shall be, immediately on their appointment, to enquire into the state of the Fund, and to decl;»rc tluTeupon what number of Exhibitions in Trinity College, tenable for three years, and of the value of £30 per annum, will be open to applicants in that year, giving notice to this etFect in the Church . , ,:,,, 5. It shall be the duty ot the Committee, at the August meeting, to receive and examine the testimonials of applicants, and to select as. exhibitioners such as thoy shall consider to be most deserving, noti- fying the Provost of Trinity College of such selection. 6. Persons nominated t<> Exhibitions shall be required to pass the Matriculation Examination with such credit as may satisfy the Exa- miners of their j)r()bal>le titness to enter the Divinity Class at the expiration of their Hi-st year; and they shall forfeit their Exhibitions if they fail to satisfy the Examiners of their actual fitness in the ensuing June examination. 7. Ever\' Exhibitioner sh.ill be required, at Matriculation, or on entering the Divinity Class, to subscribe a declaration of his purpose of completing his course of study, and of serving in the Diocese of Toronto for not less than live years. 8. No Exhibition shall be continued for more than three years, the first of which shall be passed in the Arts course, and the last two in . the Divinity couree. 9. If any Exhibitioner, having satisfied the Examiners in the June Examination of his first year, shall (by the advice or with the consent , of the Professors), remain for a further period in the Arts course, his Exhibition shall be suspended until he shall enter the Divinity Class. 10. The College authorities shall furnish to the Committee at their August meeting, in each year, a Tabular Report of the conduct of the ' several Exhibitioners under the following heads: 1. General Conduct; 2. Attendance at Chapel ; 8. Attendance at the Holy Communion ; ' 4. Attendance at Lectures; 5. Ajtplicatiou to Studies; 6. Progress in Studies; 7. Examinations; and any Exhibition shall be subject to withdrawal if such report be unfavorable, or if, for other reasons, th«. ^ Committee shall be dissatisfied with the conduct of the Exhibitioner. 21 4); 1 314 CANONS OP THE SYNOD OT THE DIOCESE OP TOKONTO. 11. No person holding a Scholarship in Trinity College shall be allowed to receire or retain an Exhibition. 12. No Student of Trinity College shall be admitted to an Exhi- bition except ho pref^cnt to the Examiners a certificate of conduct from the authorities of tiie College of the form above prescribed, and a certificate from the Provost that he is, in respect of any regulations before mentioned, eligible for election to an Exhibition. — Session of 1870, pages 64, IC : and 148. 13. No applicant shall be eligible to receive an Exhibition, except he shall produce a written certificate from the lord Bishop of the Diocese, stating that his lordship, after a personal interview, considers him a person well fitted to enter on a course ot study for Holy Orders ; and that his lordship be respectfully requested to cause to be printed in the Journal of the Synod, at the end of the Clergy List, the names and residences of gentlemen accepted by him as Divinity Students in this Diocese. — Session of 1871, page 60. [KoT«."-In 1872, tho foregoing addition to the By-law of 1870 was con- firmed by the Synod (page 44 of Proceedings) ; but there is no record of the confirmation of the By-law itself, although the report, referring to action had under it, was adopted in 1871 (pages 49 and 129). 22.— SUNDAY SCHOOLS OF THE DIOCESE. (See page 198 of this Compilation.) [NoTB. — In the Declaration of the Bishops of British North America, made in 1851, they say] 1. We desire to express our sense of the importance, in the existing state of the Church, of Sunday Schools, especially in large towns, and we thankfully acknowledge the benefits which have resulted from the labors of pious teachers both to themselves and their scholars, under proper direction and superintendence. In every possible case, the Sunday Schools should be under the personal direction and super- intendence of the minister of the parish or district ; or otherwise the minister should appoint the teachers, choose the books, and regulate the course of instruction; that there be no contradiction between the teaching of the school and the Church, all Sunday scholars should be instructed in the Church Catechism and regularly taken to church. 2. We would carefully guard against the assumption that instruc- tion in the Sunday School, even by the minister of the Parish, may be allowed to supersede the directions of the Rubrics and Canons, and on the duty of catechizing in church ; for we distinctly recognize and aflBrm as well the great importance, as the sacred obligation, of those directions. ,, iNoTB. — The amended Constitution of the Synod, adopted in 1870, pro- ed that :] Swnday School Committee and its duties. . > ■ ,. 3. The Sunday School and Book and Tract Committee shall consist of five clergymen and five laymen, members of the Synod, whose duty j-i SUNDAY SCHOOLS OF THE DIOOBB. 316 rom ars, case, ■ iper- the ulate the dbe ;h. itruc- may nons, o-nize ,of pro- jnsist duty it shall be to obtain statistics, and to present a report annually to the Synod on the condition and pronrress of Sunday Schools throughout the Diocese, to make such suggestions for their improvement as they shall judge expedient, and to consider what steps can from time to time be taken to secure the publication of books suited for libraries and for instruction in Sunday Schools, «fec. — Section 33 of the Con- stitution of 1870. Sundaif School Parochial Statistics required by Synod. 4. That it bo the duty of every incumbent of each parish or mission within the Diocese to furnish the Secretar}- of the Synod, at the opening of the business of the Synod, with a parochial report, giving [among other things t^pccified] the number of schools, the number of teachers (male j nd female), the number of male children on the roll, number of female children, the average attendance since last report, etc. — Ihid, page 42. [NoTK. — In 1863, the committee on Sunday Schools reported at length on various matters connected with Sunday Schools. Among oth«*r things they made the following recommendations, which were adopted by the Synod: Sunday School Libraries.'^* * * In *^'» selection of books for Sunday School libraries, very great benefit would ...ise from baring selections care- fully ma'je< t of instrnction in th rnch SiiTilitjf. — Tt would ndd much to the value of leRsons, where nniform lessons are given throiigliout the school, if the clergyman or Superintendent would give them a practical application at the close of each Sunday's work in a very short address. Liturgu ani Uymm. — The prayers used in the schools should b*- chiefly of the responi'ive character, both as being adapted to retain the attertlon of the children, and to accustom them to that feature of our Church service. The "Order of Prayers for the use of Sunday Scliools. authorized by the Bishop and published by Mr. Bowsell, is well adni)ted for that puriK>Ke. There should be at least three hymns or chants sung durinjr the school Kessi< n : one at the opening, another in the middle, at change of lesson, and one at the close. Rtgister Bookn. — The following are recommended: 1. The Teacher's Boll Book ; 2. General Class Book ; .'^. Suiiday School Register ; 4. Sunday tjchool Minute Book. Management of a Sundat/ School Lihrarii. — The Committer suggest the fol- lowing plan, whi( h is found by actual experience as one of the bc>t. There should be a print»ook, with Card No. 2. During the school session, the librarian sorts the bocks /»?/ classes, scoring out tin- number of the book given out on Card No. 2. Immediately before closintr the school, the librarian leaves the. books for each class with the teacher, who distributes them to the scholars. — Sesnonof 1871, p. 141. [Note. — The regulations adopted by the Committee, under which books re given to Snnday Schools, are as follows • i. A first _free qrant of Bibles, Testaments, Prayer Books, Catechisms ant double the amount, in bookH, of any Niim not excei-ynod C)ttice a blank form, to be fumi»hcd by it, containing, among othc-r things, the following inlormation : vm\-;.> (1.) The rame of the Mchool, parir>li, or mission; the nunc of the super- intendent of tiie school, and the Bumb<.r of teachers, mal<- mv I female, engaged therein. (2.) Th ys and girls, and the average utti-niluiK e of lioth kinds of pupils each 8unol. (5.) The time when tip<- -chool was established, and wheth.r it was before aidea by the < ommittee. V, No grant shall be made to any Sunday School which is not in actual operation at the time of making the a;iplication on its behalf. vi. These regulation.s being general in their charae received from such parish, mission or congregation. 318 0ANON8 OF THE SYNOD OF THE DTOOESE OF TORONTO. if ii ;■- ^. III. In all cases, before aid can btt gmnted under the«c regulations, it will be neccHsaiy for the parties applyinji; for sueli aid to furnish tbi- Committee with the following, amoug other items of information, on a form to be pro- vided, viz. : (I.) The name of Hio parish, mission, &c., and of tlie officiating clergyman. (2.) The estimate . number of persons composing the congregation on bohaif of which the application is made, and the average number of such persons attending each service. (3.) The amount contributed by such congregation for all Church purposes during the preceding twelve montlis. (4.) The number and kind of bibles, prayer books and tracts nquired. (5.) The year in which the congregation was tjstablish«d, and whether the parish or mission was before aided by the Committee. IV. No grant shall be made to any parish, mission or congregation which is not in actual existence at the time of nm king tiie application on it* behalf. V. These regulations, being general in their character, may be varied in special cases, at the discretion of the Committee. — Session of 1871, page 147 \ If. I el 24.— PAROCHIAL STATISTICS. (Sec page 221 of this Compilation.) [NoTB. — In 1862 the Synod declared by resolution] 1. That it shall bo. the duty of vory incumbent of every parish or mission within the Dioc.oso to furnish the Secretary of the Synod, at the opening of the business of the Synod, with a parochial report, giving the name of the parish, the name of the incumbent, and the name or names of the assistant minister or ministers, if any, tjje num- ber of families, of individuals, the number of comnmnicants on the parish roll, the number added since last report, the number who have removed from the parish, the number who have ceased to be com- municants; how often divine service has been performed on Sundays, on week-days, the averai^e attendance on divine worship in the morn- ing, in the evening, on week-days ; thr number of parochial visits paid by the clergy, the number of visits paid by his district visitors, or their lay assistants working in the parish; the number attending the parochial school, if there be one in the parish, and t?ie average attend- ance since last report, the number of paid teachers employed therein, the number of unpaid teachers who voluntarily assist in the work of the school, the number of Sunday schools, the number of teachers (I as male, 2 as fem.i'c), the number of male children on the roll, number of female cluidren, the average attendance since last report; the number of mules and the nun)ber of females confirmed ; what churclhand what parsoiia<"es are in the paiisli or mission, whether log, frarne, brick «)r stt)ne, whether they are clear of debt or not, if in debt, the amount of sucii debt, whether insured or not. The amount of money raised in the; parish since last report: 1st, for salary of incumbents and assistants ; '2nd, for the purpose of paying off the debt on the church and parsonage, and insurance on the siime ; 3rd, for the poor of the parish ; 4th, for objects for which collections have been taken up under the direction of the lord Bishop ; 5th, for 8TK0D ^'assessment. 319 the tend- Jrein, rk of hers roll, )ort ; [what lether if in kouut py of the 3rd, I have for Synod dues ; 6th, for extra parochial and extra diocesan purposes, and whether the deeds for the property belonging to the parish and mission have been obtained, and whether such deeds have been regis- tered or not. That such reports be read by the Secretary of the Synod, and that a committee be appointed to draw up a report on the sta'e of the Di< cese, based upon the information adorded by these parochiA reports, and that a committee be named by his lordship to draw up cuch a form, have them printed and furnished to the clergy of the Diocese, to be tilled up by them. — Session of 1802, pages 4*J, 43. [NoTB. — In 18»>3 the following resolutiuu was i)a>8t'd :] 2. In future an aiiiuial report, duly authenticated, l>e made to the Synod giving an account of churches, parsonages and endowments in course of erection t»r formation in the ])Hrishes or missions of the Diocese. — Session of ISOy, page 17. [NoiB. — In 1864 the following resolution was passed:] 3. That a Standing Coniiniltec on Tarochial and Diocesan Statistics be appointed. The duty ot' tlie committee shall be to collect from the various documents obuiined throughout the Diocese, under the authority ot the Bishftp or this Synod, such statistical information re- lating to the state and progress of the Church of Knglaiul in the Diocese as it may oeem advisable. This information, when complied, to be presented anaiially to the Synod in a condensed and systematic form, for publication in the appendix to the miimtes. The committee shall further see that the necessjiry blank forms of reports, wuich nmy be required for giving effect U> this resolution, be duly prepared and sent out. — Session ot 1^04, page 31. [NoTB. — la 1970, the Constitution was revised, .aud StT. Jo passed as follows:] Cftneral Pur pones. Statistics and Assessment Commitlee, and tUi Duties. 4. The General Purposes, .Statistics and .\ss('>sment V'ommittee shall consist of six C'lergymen and six Laymen, memlurs ot' the Synod, whose duty >hali Uv. to * * * prepare in tabular form the answers receiveil from the t^'lergymen having the cure of souls to the questions put to llu-m by the liishop of the Diocese relating to the statistics and condition of their x-venil ( "ures, which shall ati'onl (amongst other uses) a ba^is of an etiuitable .\ssessmenl for the ex- penses of the Diocese, and lay such tables before the Synod in a con- venient form for being j»rinted :is an Appendix to the Annual Kcport. — Section 30 of the f'on.stitution of 1870. 24.-- SYNOD ASSESSMENT. (See page 224 of thia Compilatioa.; Sytuxl Expenses Prodded. [NoTi. — In 1^57 the Synod decided that:] 1. The expenses of the Synod shall be provided for by assessment upon the ditierent parishes, by a committee appointed tor that pur- i ■ ■m •^fw 320 0AN0N8 OF THE SYNOD OF THE DI00E8E OF TOEONTO. ! i II LiSi.^, rm pose. There shall be a Treasurer of the Synod, who shall receive and disburse all moneys collected and paid under its authority ; and two auditors, who shall annually inspect and report upon the con- dition of the accounts. — Suctions I'J and 13 of the Constitution, adopted during the session of 1857, page 32. [NoTB. — lu 1862 the Synod enacted that '' The Executive Committee be directed to provide (through the General ruiposes Committee) for the ex- penses of the Provincial Synod, y.ro lata, on thu siveral parishes."— Session of 1862, page 41.] 2. That in future the expenses of the Synod be borne respectively by the several funds in equitable proportions. — Session of 1870, pages 74 and 107. Synod Assessment Committee. [Note. — In 1870 the ComMtution was further revised, under the Act of Incorporation, and adopted permanently. The provisions in regard to Assess- ment and Finance are as follows :] 3. The * * * Assessment Committee shall consist of six Clergymen and six Laymen, members of the Synod, whose duty it shall be to * * * procure statistics relating- to the condition of the several Cures, which shall atford (among other uses) a basis of an equitable Assessment for the expenses of the Diocese, and * * * to assess the several Parishes and Missions of the Diocese for all expenses authorized by the Synod, and for all other purposes for which an assessment may be ordered by the Synod. — Session of 1870, pages 60 and 96. Scale of Assessment. [NoTB. — In 1870 the following resolutions were also adopted :] 4. That the proceeds of a revised assessment of the Diocese, on a scale not to exceed that of former years on the whole by more than twenty-tive per cent., which the Assessment Committee are hereby empowered to make, be applied to meet expenses directly connected with the meetings of the Synod. Thai for the purpose of defraying the necessary expenses incurred in the management of the several Trusts and Funds now transferred to, or that may hereafter be vested in, the incorporated Synod, whatever sum niay be required beyond that produced by the rent of lands or the interest of investments held for the General Purposes of the Synod, shall be raised by an equal ratable per centage on the several Funds administered by the Synod. — Session of 1870, page 75. [Note. — In 1872 the Committee brought in a report which was adopted, including the following :] 5. That it being found that four cents in the dollar ordered to be levied on the several funds, by resolution of the General Purposes Committee, 9th February, 1&71, to meet expenses, is insuflScient for SYNOD HOUSE AND OFFICES. 321 on a than ^ereby lected I'aying }veral ested jyond Iments ?y ^^ y the lopted, Ito be rposes nt for that purpose, a rate of five per cent, be substituted therefor, and that the same be collected on all funds under the management of the Synod. Travelling Expenses Allowed. 6. That the members of the General Purposes Fund Committee, the Clerofy Commutation Trust Committee, ihe Endowment of the See Committee, and tlie Widows and Orphans' Fund Conunittee, be paid their travelling expenses in attending the meetings of such Com- mittees Iroiu the funds administered by them respectively ; and that the travelling expenses of the members of tlic other Standing Com- mittees be paid from the General Purposes li'und. — Session of 1870, page 60. [Note. — In 1872 the following recommendation of the Committee was concurred in :] 7. In regard to the payment of travelling expenses of members of St'vnding Committees of Synod, your Committee recommends that the resolution adopted at the Session in June, 1870 (see Journal of 1870, page 60 [section 13 above] ) be rescinded, and that all such ex- penses (past and future) be charged against the General Purposes Fund. — Session of 1872, pages 55, 56 and 122. Assessment Charge on Rectory Lands. [Note.— In 1871 the following recommendations of the Committee were also concurred in:] 8. That, in order to meet the future expenses of managing the in- vestments, and the prober share of the general expenses of Synod chargeable to the Rectory Lands already or in future to be sold and the proceeds invested, there be deducted from the proceeds of each and every sale (whefher already etFected or to be etl'ected) a sum equal to five per cent, on sucii proceeds, and that the same be trans- ferred to the General Purposes Fund Committee, to be by it invested as a Special Fnnd, the interest upon which shall be applied to meet the share o\' said Rectory investments in defraying the expenses of manaLyemeut. In ren'ard to all the other Funds, your Committoe re- solved to levy an assessment of four cents per dollar on the receipts of said Funds for the past year. — Session of 1871, pages 57 and 132, [NoTR. — In 1872, an effort was made to rescind this regulation, but the Synod refused to concur. — Session of 1872, pages 5.5 and 56.] 2G.— SYNOD HOUSE AND OFFICE. (See page 229 of this Compilation.) [NoTi-\ — In 1871 it was agreed :] 1. That the folio. ,'ing resolutions (in the report of the Synod House Committee) having been adopted by the Synod in 1808, it is expedi- ent that no further time be lost in giving them etiect ; and that the Assessment and General Purposes Committee be authorized, and directed to carry out the first and second resolutions, viz. : .,,... i;^ I'f'S'^ r 322 CANONS OF THE SYNOD OP THE DIOCESE OF TOEONTO. (1.) That, with a view to provide funds for the erection of a Synod House, an additional assessment, ?iiiRcient to produce $500, be im- posed pro rata, on the several parishes in this Diocese, per annum. (2.) That the proceeds of this assessment, together with all balances of Synod moneys left over each year, be invested in Provincial, county, city, or township debentures, until a sufficient fund be accumulated to warrant the Synod in proceeding with the erection of the building, or in borrowing the sum necessary to enable it to do 80. (3.) That the Synod authorize the selection, as soon as practicable, of a suitable site in a convenient and central part of the city, for the proposed Synod House. — Session of 1871, page 65. I '•' 27.— PRINTING OF SYNOD REPORT. (See page 232 of this Compilation.) 1. That it be a direction to the present Secretaries, and also to all future Secretarieo, to print the Report, and all other documents of the Synod, uniformly with the Report of last session, in order that all such reports and documents may be bound in volumes. — Session of 1869, page 85. Appendix and Index to the Synod Report. [Note. — In 1864 the question having been asked as to the style in which the Report of the Proceedings of the Synod bhould be printed, it was agreed that the cheap form should bo usud similar to that of 1863. — Session of 1864, page 32. This " cheap form" was a very condensed record of the minutes, printed in uniformly small type. The following resolution, moved by Dr. Hodgins, was also passed :] 2 * * * That it be an instruction to the Secretaries to employ a person to collect from the oflBcial minute-book, and append to the printed minutes for each year, a copy of each canon or resolution which has been duly passed, with an index, &c. — Session of 1864, page 20. [Note. — In the same year (1864) the honorary secretaries were authorized:] * 8. To employ an assistant, whose duty it shall be to give special attention to the recording and printing of the daily minutes of pro- ceedings. — Session of 1864, page 27. Printing of Report by Tender. [NoM. — In 1865 it was resolved :] 4. That hereafter the minutes of proceedings of this Diocesan Synod be uniformly printed by tender, in the same style as those of the Provincial and other Diocesan Synods in Canada, and that a table of contents and index be inserted with eaeh year's proceedings. — Session of 1865, page 55. , PRINTING FOR THE 8YN0D. 323 [Note. — In 1869 and 1870, the Constitution under the Act of Incorporation was revised and adopted. In it the Executive (lommittee was directed " to print the reports laid before them" of the otiier committees, ("or such part? of them as they may deem expedient,") to be laid before the Synod ; and the honorary secretaries were also directed to prefix to the daily " printed notices of motion" a summary of " unfinished business," etc. (Session of 1870, pages 90 and 92.) In 1871 the following resolutions were passed :] 5. That with a view to exercise a strict supervisioi) over the print- ing expenses of the Synod, be it resolved : (1.) That there shall be a Printing Committee of the Synod ap- pointed at eich session thereof, which shall be responsible for the printing of all documents and papers, and shall see that the printing expenses of the Synod be kept within reasonable bounds. (2.) That all printing for the Synod, its Officers and Committees, shall be by tender, addressed to and accepted by the Printing Com- mittee. (3.) That an arrangement be made by the Printing Committee to forward to each member of the Synod a slip containing official notices and other inforiflation. — Session of 1871, page 69. [Note. — In 1871 the foregoing sub-section (2) was amended as follows :] 6. That all printing for the Synod, its Officers, and Committees, shall be executed by a person to be appointed by the Printing Com- mittee, subject to a scale of charges to be adopted by it ; and that the person so to be appointed provide a surety or sureties for the due performance of his work, according to the prescribed regulations oi such Committee. — Session of 1872, page 60. t . ! .1 i t I PART IV (^nmm tit i^t ^vmnM ^yttod. I.— CONSTITUTION OF THE PROVINCIAL SYNOD. 1. The Provincial Synod shall consist of the Bishops of the United Church of PJnfjlard and Ireland, liavinc; sees within the Province of Canada, or executinjv by due authority the Episcopate as assistant or Missionary Bishops therein, and of Delegates chosen from the Clergy and from the Laity. 2. The Bishops shall deliberate in one House, and the Delecjates from the Clergy and Laity in another, and each House shall liold its sittings either in public or in private, at its own discretion. 3. The Clerical and Lay Delegates shall consist of twelve of each Order from each Diocese. 4. The Synod sliall meet on the 2nd Wednesday of September iu every third year, or oflener, at the c'iscretion of the Metropolitan; or on the requisition of any two Bishops, or of the Bishopf and half the Delegates of each order in any Diocese. 5. In a vacancy of the Metropolitan See, a meeting may be called at the appointed period, or on either of the above requisitions, by the Senior Bishop of the Church in Canada. 6. A quorum of the Synod shall consist of not less than a majority of the Bishops and not less than one-fourth of the members of each Order of the Lower House. 7. The Metropolitan, or some Bishop appointed by him, shall be the President of the U])per House ; and in the vacancy of the See the House of Bishops shall elect one of their own number to preside. 8. The Lower House shall be presided over by their Prolocutor, to be chosen viva voce on motion of any member of that House. 9. Each House shall appoint a Secretary or Secretaries, who shall keep regular accounts of all proceeding in their own House, shall record them in books provided for the purpose, shall preserve memo- rials and other documents under the direction of the President and Prolocutor, shall attest all public Acts ol the Synod, and deliver over all records and documents to their successors. 10. The expenses of the Synod shall be provided for, and its finan- cial concerns managed by a Committee of the Lower House, after a manner to be approved by both Houses. 11. Each House shall establish its own order of proceeding and rules of order, and may publish such of its proceedings as may appear advisable. 12. The Upper House shall propose to the Lower any business they may desire to have treated of or decided; and it shall be incum- bent on the Lower House to take up and dispose of such business in preference to any other. u. CONSTITITTION OF THE PROVINCIAL SYNOD. 325 }acli 13. The Upper House may direct the Lower to appoint a Commit- tee to report to the Upper on any subject, on wliifli they may desire the judsfment of the Lower, or to appoint tlieir portion of a joint committee ; or may summon tlie Lower to a conference. 14. Messages from the Upper House shall be delivered by an officer of the Upper to the Secretary of the Lower, by whom they shall be communicated to tlie Prolocutor, who shall communicate them to the House. 15. The Lower House may present to tlic Upi)er any matter which they conceive to be a grievance or to require; amendment, even when they have no proposition to make on the same ; and the U[)per House shall thereupon place it in order for consideration, with a view of providing a remedy; and shall, before the conclusion of the session, declare to the Lower House the result. 16. The Prolocutor shall have the right of admission personally or by Committee to the Upper House, to coinmniiicate the desire or decisions of his House ; and in such case he sluill ascertain by message when he or the Committee can conveniently be received in the Upper House, and Act accordingly. IV. It shall be competent to the Lower House to request a joint committee or conference on any special object, beyond those sub- mitted to it by the Upper House, or to propose for discussion any specific measure; to which recjuest an answer shall be given: but it sliall be at the option of the Upper House to ac.jcde to their request or not. 18. When either House shall desire a conference with tlie other, or a joint committee, the reason fur either shall b ' agreed to by the House desiring it, and communicate' I in wvitini;- to the other; the Prolocutor personally or by committee in either case proceeding to the Upper House either to deliver or to receive such reasons. 19. When either House shall have come to a ropose an amendment or request the Lower House to prepare an amendment, oi- appoint a conference, to which the Lower House shall always give attention. 22. The conference may be either by deputation from both Houses, or by deput tion from the Lower House, or by open conference, as the Upper House may think fit: and the place shall be appointed by the President. ii •mm 326 CANONS OF TH"E PROVINOIAL SYNOD. 23. No proposition shall be considered as sanctioned by the Pro- vincial Synod, until it has received the separate sanction of both Houses, which shall bo declared by the President in wiitinjr. 24. Committees, whether of either Ilonse, or of the two Houses, may hold their meetings cither during recesses in the session, or during the prorogation of the Synod. 25. No alteration of the Constitution or Canons shall come into operation, until it has been confirmed at a second session of the Provincial Synod. 26. Each meeting of the Synod shall bo preceded, or commen<'ed by Morning Prayer and a Sermon, if so ordered by the Metropolitan, and on the first day of such meeting the Holy Communion sliall be administered. 27. The business of each day shall be commenced by prayer for the DiA'ine Guidance and blessing, according to a form authorized by the House of Bishops. 28. The election of the Clerica! and Lay Delegates shall be certi- fied under the hand and seal of the Bishop of the Diocese which they represent, or, in the absence of the Bishop, the Chairman of the Synod, and such certificate shall be final and (Conclusive, which cer- tificate snail be forsvarded by the Secretaries of the Diocesan Synod to the Socretanes of the Lower House of the Provincinl Synod, within fourteen days after said election. ■ n.— ON SUBMISSION OV CLERGY TO THE CANONS (>F THE PROVINCIAL AND DIOCESAN SYNODS. No Bishop within this Province shall hereafter grant his license to any clergyman to the cure of souls until such clergyman has first subscribed and declared his submission to the Canons of the Provin- cial Synod, and of the Synod of the Diocese of such Bishop, in the following form : I (A. B.) do willingly subscribe to and declare that I assent to and abide by the Canons which have been, or shall be, from time to time, passed by the Provincial Synod, or the Synod of the Diocese of III.— ON THE POWERS OF THE METROPOLITAN. 1. The Metropolitan shall have precedence of all the other Bishops of the Canadian Dioceses, and the said other Bishops shall be his Suffragans. 2. The Metropolitan shall preside over the House of Bishops, and shall convene the Provincial Synod and be the President thereof. 3. Upon a memorial signed by two thirds of the Clerical and Lay Members of any Diocesan Synod, certified to bo such by the Clerical and Lay Secretaries of such Diocesan Synod, requesting the Metro- lb ON THE TRIAL OF A BISHOP. 327 politan Bishop to exercise visitatorial power in such Diocese, the Raid Metropolitan Bishop shall have full power and authority to visit such Diocese, and the Bishop thereof* atid diirini; such visitation, to inhibit the exercise of all or of such part or parts of the ordinary jurisdiction of such Bishop, as to him the Metropolitan Bishop shall seem expedient, and durinc; the time of such visitation to exercise by himself, or his commissaries such powers, functions, and j'lrisdiction m and over the said Diocese, as the Bishop thereof might have exer- cised, if he had not been inhibited from exercising the same. hops his and Lay [rical letro- IV._ON THE TRIAL OF A BISHOP. Offences for which a Binhop mat/ he triid. 1. (A.) Crime or immorality. 2. Advisedly holding and teachinfr, whether publicly or privately, any doctrine contrary to that held by the Canadian Branch of the United Church of England and Ireland. 3. Wilful violation of the constitution or canons of the Provincial Synod. 4. Wilful violation of the constitution or canons of the Diocese to which he belongs. 1. (B.) All charges against a Bishop shall y>c made in writing, and shall be signed by seven male communicants in good standing, of whom three at least shall be Priests. Action on Rumours. 2. Whenever a Bishop of this Church shall have reason to believe that there are in circulation rumours, reports or charges afiecting his moral or religious character, he may, if he please, if acting in con- formity with the written advice and consent of any two of his brother Bishops, demand of the Metropolitan, or if the Metropolitan be the Bishop affected by such rumour, then of the Bishop senior by con- secration, to convene a Board of Inquiry in the mode hereinafter set forth. 3. Accusers may choose a lay advocate in preparing proofs and charges, ttc, or they may prepare such charges themselves, and in either case the grounds of accusation must be set forth with reason- able certainty of time, place and circumstance. Charges to whom, to be delivered, 4. Charges prepared in either of the modes mentioned, shall be delivered to the Metropolitan, if he be not the accused ; if he be the accused, the charges shall be delivered to the Bishop senior by consecration. 5. Accusers rauot give security for costs in the sum of one thousand dollars. • ,;.. •^mm 328 0AN0N8 OF THE PROVINCIAL 8VN0D. Board of PrdimiiKiry Impiiry how ronstituted. 6. The Metropolitan or senior Bishoj), as tlie case may be, shall appoint tlie Deans, Archdeacons and Chancellors of the different Dioceses of the Province as a Board of preiiniinar)' inquiry, the majority of wliom shall form a (quorum. Notice to Members. 7. The Metropolitan or senior Bishop, as the case may be, shall ^ive notice thereof to said Board, and direct them to attend at the time and place desinrnated by him, and orfjanize the B<>;ird ; and it shall be the duty of each tneniber so notified to attend. 'Jhe place of meetinrr nuist be within the Diocese of the accused. The Metro- politan or senior Bishop shall send at the same time a copy of the charges to the senior difjfnitary of the Board. 8. The sittings of the Board shall be private. 9. The liulcs of evidences adopted by the Board shall be those of the Civil Courts of this Province; but two witnesses shall be neces- sary to the proof of any charge. Presentment. 10. If the majority of the Iviard present shaU be of opinion that there are sufficient grounds to put the accused Bishop upon liis trial, they shall direct the Chairman to prepare a presentment, to be signed by such of the Board as agree thereto. 11. The Chairman shall transmit to the Bishop from whom they received the churgo the ])resentment thus siL-iieu ; anil the r)i>hop shall send to the accused l^ishop a copy of the same. 12. If n n'"i "uy of the Board present shall be of opinion that there is not suflicient ground to put the accused Bishop on his trial, in such case the charges, together with the certificate of the Metro- politan, or senior Bishop by consecration, of its refusal to make a presentment, shall be prep;ircd in duplicate, one to be sent to the Secretary ot the I'rovincial Synod, to be deposited amongst the archives of the Synod, and the other to the members of the Diocesan Synod of the Diocese where the Bishop has been so charged. No proceedings to be had thereafter by way of presentment on such charges, exce[)t upon aflidavils of two male communicants of the Church, of good standing, of their discovery of new testimony as to the facts charged, and setting forth what such testimony is, which aflBaavits shall be transmitted to the Chairman of the Court of Inquiry, who shall decide whether they afford ground for a second investigation ; and in case he decides that such second investigation is necessary, he shall notify the Metropolitan, or senior Bishop by consecration, as the case may be, who shall direct an inquiry as hereinbefore ordered; and if he decides it to be unnecessary, he shall notify the same to the Metropolitan, or senior Bishop by conse- cration, as the case may be. ON THE TEIAL OF A BISHOP. 329 that rial, itro- ike a the the lesan No uch the IS to liich ■t of !ond ^tion by as he bnse- Limitationa of Time. 13. No presentment shall be made in any caae unless the alleged offence shall have been committed within tw<» years next before the day on which the charges were delivered lo the Metropolitani or senior Bishop by consecration, except the charge be of such a nature that it would subject the accused to indictnaent before the civil courts. 14. When a presentment shall have been made by the Board of Inquiry, ur ihe majority thereof, it shall be the duty of the Bishop forthwith to give to the accused written notice to attend at the place appointed for the trial. 15. The Court shall be formed of the Bishops of the Province, the majority of whom must be present, excluding the accuser, if he be a Bislioj), and tlio accuscMl. 16. The Bishop to whom the presentment was made shall communi- cate to every Bishop that he is to attend as a member of the Court ; he shall also appoint the time and place for the assembling of the Court ; the time shall be within two calendar months of date of such notice, and the place shall be within the Diocese of the accused Bishop. The Bishop to whom the presentment has been made shall inform the accused Bishop, by written notice to be left at his usual place of residence, of the time and place appointed for the meeting, and summon him then and there to appear ?nd answer. 17. The Bishops shall appoint a legal assessor at the time of trial. 18. If the accused refuse or neglect to appear, then the Court shall proceed ex 2^o,>'te to pronounce him in contumacy, and pronounce judgment in the case. 19. Accused may have counsel, the number of which is to be regu- lated bv the Court. 20. The decision of the Court on all the charges shall be reduced to writing, and signed by those who assent to it^ who must form a majority of the appealed against. If any of the proceedings in the next preceding four sections are not taken within the times respectively limited therefor, the Appeal shall be considered dismissed, and the judgment appealed from shall stand. The Appellant shall give the Respondent one calendar month's notice in writing of the hearing of the Appeal. The Court of Appeal shall make such rules and orders, as to the forms of procedure and practice, fees and costs, as such Court shall from time to time deem necesjar>-. ,r pro in any lent or les and It, and llgraent lament, tlcndar •uritics, Ihe sum in case VI.— OF MINISTERING IN PARISHES AND DIOCESES. 1. No Clergyman shall absent himself from hiis charge, for more than four weeks at a time, without the written consent of the Bishop; or, in his absence, of his Commissary. 2. No person shall be permitted to celebrate Divine Service or per- form any office of the Church, permanently <»r occasionally, except he shall have been Episcopally and Canonicaliy ordained, and it shall be the duty of the Incumbent or, in his absence, of the Church-wardens, to demand proof of such ordination and of the good standing of the Clergyman before permitting him to officiate. No person sliall perform the office of Lay Reader except he shall hold the Bishop's license. This Canon shall not apply to the students of any Theological Col- lege, so as to prevent them from reading the Lessons in the College Chapel, or to Laymen, occasionally officiating, when there is a neces- sity for it. 3. No Clergyman shall officiate in any Mission or Parish, either as substitute for the Incumbent or as his assistant, for more than one month, without the written license of the Bishop, and no person who has availed himself of this implied permission shall be allov/ed to officiate again in the same Mission (»r Parish within a period of three months, unless he obtain the license of the Bishop or the Bishop's commissary. 4. No Bishop of one Diocese shall perform any Episcopal functions in another without the sanction of the Bishop thereof, save in the case piovided for by the Canon relating to the powers of the Metro- 332 CANONS OF THE PROVINCIAL SYNOD. poUtan, nor shall any Bishop perforin any such functions in any vacant Diocese except by instruction from the Metropolitan; or, in case «of the voidance of his Diocese, i'roiu the Senior Bishop of the Province. i.UI VII.— OF LETTERS TESTIMONIAL. When a Priest or Deacon in good standing is desirous of leaving a Diocese, it shall be the duty of the Bisliop to give him, on his request, the usual " Letters Testimonial," but the Clergyman receiv- ing the same, shall continue subject to the Episcopal Jurisdiction of the Bishop till the Letters Testimonial shall have been presented according to their address, and accepted by the Bishop to whose Diocese the Clergyman wishes to be transferred ; provided always that if they be not presented within three months after their date, they may be considered as void by the authority whence they pro- ceeded, and shall be void unless they be presented within six months. VIII.— OF EPISCOPAL RESIGNATIONS. If a Bishop shall desire to rcsigji his Diocese, he shall give in his resignation to the Metropolitan, in writing ; or (it he be himself Metropolitan) to the Bishop senior by consecration, but such resigna- tion shall not be accepted unless a majority of the House of Bishops consent. IX. OF THE SUBDIVISION OF DIOCESES. The House of Bishops shall have the power of subdividing existing Dioceses, or of forming a new Diocese out of portions of existing Dioceses which may be contiguous, with the concuiTcnce, or upon the application, of the Synod or Synods of the Diocese or Dioceses afl'ected, and it shall bo the duty of such Synod or Synods to consider, without delay, any proposal lor the subdivision of a Diocese which may emanate from the House of Bishops, X. OF THE OFFICIATING OF STKANGE cLEuGYMEN IN A DIOCESE. "When a Bishop is aware that a clergyman nut of his Diocese is officiating or aboi^t to officiate in his Diocese, and when the said Bishop shall have t^ood reason to believe that doubts exist regarding the cleigymaii's orthodoxy, canonical ordination, or good morals, then the Bishojj may inhibit him Iroui officiating wiihin his Diocese, by a writuig a>i(hiTistd to him, tmd lo the clergy ; and any clergyman after the leceipl of the Bishop's inhibition, peimitting such inhibited person to perform any clerical function in his Chuich, or Mis^ion Chapel, sbaii be proceeded against by the Bishop for breach of Canonical obedience. . ' , . » . . -i.. APPOINTMENT OP MISSION ART BISHOPS. 333 IN A I o raid, noccse, Irgyinan ihibited Uacb of XI.— CANON ON THE APPOINTMENT OF MISSIONARY BISUOPS. ; (Passed by the Provincial Synod assembled at Montreal, in December, 1879.) 1. The Provincial Synod may elect a suitable Priest to be a Mis- sionary Bishop over a district not within any organized Diocese, or over a District which includes, within the new^ tt iritort', a part or parts of one <>r nilia!l be presented by the Upper House, until it shall signify that it has no oliier name to present. All names pre- sented to the Lower House shall be before it lor election until an election shall have been made. A majority of votes, clerical and lay, shall be necessary to an election. 2. In case a Missionary Bishop shall be appointed, in the manner hereinbelore mentioned, over a Di>trict whicli includes, or consists of a part or parts of one or more existing Dioceses, the Missionary Bishop shall exercise no jurisdiction over any such part or parts of >uch other Diocese or Diootses, until the Synod or Synods of the Diocese or Dioceses atfected shall have consented to his so doing; and it shall be the duty of such Synod or Synods to consider without delay any such proposal. 3. Any Diocese of the Province may, it it desires to do so, separate and set apart any portion of its territory as a district suitable for the establishment therein of a Missionary Bishopric, and such territory so set apart may become a missionary district, and a Bishop be appointed thereto, in accordance with this canon. 4. The Bishop elected, as aforesaid, shall exercise his Episcopal functions, in such Missionary District in conformity with the Constitu- tion and Canons of this Province, so far as they can be made appli- ' cable to the condition of the District. 5. Every Missionary Bishop sh.iil be entitled to a seat in the House of Bishops, and shall report to the Metropolitan, f<»r the information of the Provincial Synod, at every meeting of the Synod, conceroing state and condition of the Church in his Missionary Districts 6. In the event of a vacancy occurring in the ofBcj of Bishop, in any Missionary District, the Provincial Synod shall be snmmoDed, within six months, to elect another Missionary Bishop; provided the regular meeting of the Provincial Synod shall not take place within 334 OANON^S OF THE PROVINCIAL SYNOD. H ' ■1r twelve months after such vacancy — in which case the election shall be postponed until such regular meeting ; and, in the meantime, the duties of the late Bishop shall devolve, so far as they can be discharged by him, on a Commissary, whom it shall be the duty of every Missionary Bishop to appoint, on his consecration, and from time to time, as the office shall become vacnnt. 7. Nothing contained in the first clause of this Canon shall prevent the election of a Missionary Bishop at this Session of the Synod, or at any adjourned session of the same. [Note. — In accordance with the provisions of the foregoing canon, the iiouse of Bishops sent down to the Lower House, in three separate com- munications to tlie Prolocutor, the names of the following reverend gentle- men for the Episcopate of the Missionary District of Algoma, viz.: — 1. The Rev. Rural Dean Fauquier, of the Diocese of Huron. 2. The Rev. Henry Roe, B.A., Bishop's Chaplain of the Diocese of Quebec. g3. The Rev. David Lindsay, M.A., of the Diocese of Montreal. 4. The Rev. T. W. Burke, A.B., of the Diocese of Ontario. 5. The Rev. J. P. Du Moulin, M.A., of the Diocese of Toronto. 6. The Rev. Canon Junes, M.A., of the Diocese of Huron. 7. The Venerable Archdeacon Patton, D.C.L., of the Diocese of Ontario. 8. The Rev. Isaac Brock, M.A., of the Diocese of Huron. 9. The Rev. Charles Hamilton, M.A., Bishop's Chaplain, of the Diocese of Quebec. There were forty-seven out of sixty clerical delegates, and thirty-six out of sixty lay delegates present at the Synod, Of these there were twenty- four clerical and nineteen lay votes necessary for a choice of Bishop. Be- fore proceeding to ballot the Synod engaged for a short time in silent prayer, after which the ballot commenced. The highest votes cast in the first eight were as follows : Clerical vote for Rev. Rural Dean Fauquier, from 16 up to 32. Ven. Archdeacon Patton, D.C.L.. from 14 to 22. Rev. Charles Hamilton, M.A., li). " " Rev. Canon Innes, M.A., from 8 to 11. " Rev. Henry Roe, B.A., from 2 up to 11. Lay vote for Rev. Canon Innes, M .A., from 25 up to 29. " " Rev. Rural Dean^Fauquier, from 2 up to 7. " " Ven. Archdeacon Patton, D.C.L., from 5 up to G. Before the ninth ballot took place, a conference of a committee of clerical and lay delegates was held, the result of which was the following vote : The Rev. J. P. Du .\Ioulin, M.A., received 27 out of 47 clerical votes. " " " " 33 out of 36 lay votes. The number of votes necessary for a choice was 24 clerical and 19 lay* The Rev. Mr. Du Moulin having, therefore, received the requisite number of the votes of each order, the Prolocutor doclared him duly elected as the first missionary Bishop of the District of Algoma. By appointment of the Prolocutor, the ballot was conducted by the Rev. J. W. Marsh, M.A., Honorary Clerical Secretary of the Synod of the Diocci-e of Huron, and Rev . J L. Boe;art, M. A., of the Diocese of Ontario, for the clerical vote, and by Dr Hodgins, Honorary Lay Secretary of the Synod of the Diocese of Toronto, and Henry Scott, Esq., of the Diocese of Quebec, for the lay vote.] - i. ;il.: m. .' ..■.'iUi.ii '-111 ;.!j-.-!r>i);i' i)y.n:\:'V-]'i; af:L C. Iv. Ci mW ' '^ 19 lay* lumber as the le Rev. iPioccf-e Ifor the lynod of Quebec, PAET V. I i ti ; ."!i I. THE CHURCH TEMPORALITIES' ACT, 1841. - '• ^n ^c^ to make prov's'ion for the manar/sment of the Temporalities of the United Church of England and Ireland, in this Province, and for other purposes therein mentioned. [3 Vic, ch. 74, passed in 1840; Royal Assent promulgated on tlie 3rd December, 1841.] Whereas it is desired, on behalf of the United Church of England and Ireland, in tlio Province of Upper Canada, that provision should be made by law for the internal manafvemcnt, by the members of the said Church, of the Tcmooralities thereof, and also for allowing the endowment thereof; and it is just nnd expedient th;it such provision should be made : Be it theretore enacted by the Queen's most Excel- lent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of (>reat Britain, intituled " An Act to repeal certain parts of an Act passed in the fourieenlh year of His Majestifs reign^ entitled ' A'l Act for making more effectual provision for Ihe Govern- ment of the Provihcc of Quebec, in North America, and to make furthf,r provision for the Government of the said Province,''" and by the authority of the same, that from and after the passing of this Act, the soil and freehold of all <^'hiivcli','s of the Communion of the said United Clinrch ot Eni>land and Ireland, now erected or hereafter to be erected in the said Province, and of the ehurch-yanls and bnrying- grounds attached or beloniring thereto respectively, shall be in the Parson or other Incumbent thereof, for the time being, and that the possession thereof shall bo in the Incnmbent for the time being, and the Churchwardens to be appointed as horoinattor mentioned, by whatever title the same may now bo hold, whether vested in trustees for the use of the Church, or whether the le^al estate, remains in the Crown, by reason of no patent having been issued, though set apart for the purpose of such church, church-yard or burying-ground : Provided always, that nothing herein contained shall extend to aft'ect the rights of any other Church, or body of Christians, to any landed property, or church now erected, but that the same shall remain as it this Act had not been passed. I *-f ■•^-If'-'^' ' ' 336 STATnTES AFFEGTINa DI00B8B OF TORONTO. Pew Holders to form a Vestry. II. And be it further enacted by the authority aforesaid, that all pew-holders in snch churches, whether holding the same by purchase or lease, and ail persons holding sittings therein, by the same being let to them by churchwardens, and holding a certificate from the churchwardens of such sittings, shall form a vestry for the purposes in this ^qt mentioned and declared. Ordinary Meetings and Proceedings of Vestry. III. And be it further enacted by the authority aforesaid, that a meeting of such vestry shall beholden on Monday, in Easter week, in each and every year, after due notice thereof given during the Divine Service on the morning of Easter Sunday, for the purpose of appoint- ing churchwardens for the coming year ; and that at such meeting one churchwarden shall be nominated by the incumbent of the par- sonage or rectory to which the said church belongs, and the other shall be elected by a majority of those present, and entitled to vote at such vestry meeting as aforesaid : Provided, nevertheless, that in case of such Incumbent declining or neglecting to nominate a church- warden, then both of the said churchwardens shall, for the current year, be elected in the manner aforesaid ; and in case members of such vestry shall neglecl to elect a churchwarden, then both such church- wardens shall, for the current year, be nominated by the Incumbent : Provided always, that if from any cause a vnstry meeting shall not t^ke place at the time specified, such appointment of chnrchwaTclens may take place at any subsequent vestry meeting to be called in manner hereinafter provided ; and in case of the death or change of residence to twenty miles or more from any snch church, of cither ot the said churchwardens, a vestry meeting shall be thereupon called, for the election, by the said vestry, of a new churchwarden, in case the one deceased or removed had been elected by the ves'.T, or for tho nomination of a new churchwarden by the incninl)ent, in case the one deceased or removed had been nominated by the Incumbent. Qualification of Churchioardcns. IV. And be it further enacted by the authority aforesaid, that no person shall be eligible to the office of churchwarden, except members of the said church, of the full age of twenty-one years, and who shall also be members of such a vestry. Churchwardens' Term of Office. V. And be it further enacted by the authority aforesaid, that such churchwardens shall hold their office for one ye;r from the tin.c of their appointment, or until the election of their successors, except in case of an appointment or nomination to fill up any vacancy occasioned by death or removal as aforesaid, and in such case the peison so ap- pointed or nominated shall hold the said office until the next annual election. onUEOH TEMPORiLTHia' AGi;. 337 lat no jmbers lo shall It such liir.e of :c\)i in jpinned so ap- lauiinul Powers of Churchwardens. VI. And be it further enacted by the authority aforesaid, that such churchwardens, so to be elected and appointed as aforesaid, shall, during their term of office, be as a corporation to represent the interest of such church, and of tlui member- thereof, and shall and may sue and be sued, answer and be ai\swered unto, in all manner of suits and actions whatsoever, and may prosecute indictments, presentments and other criminal proccouinijs, for and in respect oi such churches and church-yards, and all matters and things appertaininc: thereto, and shall and may, in conjunction with the Rector or Incumbent, make and execute faculties or conveyances, or other proper assurances in the law, to all pewholders holding their pews by purchase, or leases to those holding the same by lease, and shall and may grant certifi- cates to those who shall have rented sittings; such conveyances, leases and certificates, to he given within a rca^-onable time after demand made, and at the charge of the person applying for the same; and further, it shall be the duty of such churchwardens, from time to time, to sell, lease, and rent pews and sittinas, upon such terms as may be settled and appointed at vestry mcotings to be holden for that purpose as licreinafter provided; provided always, that any such sale, lease, or renting, shall be subject to such rent-charge or other rent, as may from time to time be rated and assessed in respect thereof, at such vestry meetinge. Purchase of Pews as a Freehold of Inheritanre. VII. And he it further enacted by the authority afore.-aid, that in case of the absolute purchase of any pew in any such church as aforesaid, the same shall be construed as a freehold of inheritance not subject to forfeiture by change of residence, or by discontinuing to frequent the same, and the same may be bargained, sold and assigned to any purchaser thereof, being a member of the Church of England ; and such purchaser, provided the same be duly assigned and conveyed to him, shall hold the same with the same rights, and subject to the same duties and charges, as the original purchaser thereof. Rights of Pew-holders. VIII. And be it further enacted by the authority aforesaid, that any pew-holder, whether by purchase or lease, and any person renting a pew or sitting, shall and may during their rightful possession of such pew or sitting, have a right of action against any person injuring the same, or disturbing hun or his fami' ' in the possession thereof. Accounts of Churchwardens open to Inspection. IX. And be it further enacted by the authority aforesaid, that such churchwardens, so to be appointed as aftn'csaid, shall yearly, and every year, within fourteen days after other churchwardens shall be nomi- nated and appointed to succeed them, deliver in to such succeeding 1 338 STATUTES AFFEOTINa THE DI00E8K OP TORONTO. m churchwnivlcTis a jnst, trne, and perfect account in writing (fairly entered in a book or books to be kept for that purpose, and signed by the churclnvardens), of all sums of money by them received, and of all sums rated or assessed, or otherwise due and not received, and also of all goods, chattels, and other property of such church or parish in their hands as such churchwardens, and of all uv 'loys paid by such churchwardens so accounting, and of all other timigs con- cerning their said otlice, and shall also pay and deliver over all sums of UHjney, goods, chattels and i)ther things, which shall be in their hands, unto such succeeding churchwardens; which said account shall be verified by oath before one or more of Hu' Majesty's Justices of the Peace, who are hereby authorized to administer the same ; and the said book or books shall be carefully pvi^servcd by such church wardens, and they shall and are hereby required to permit any member of such vestry as aforesaid, to inspect the same at all rc.i-onabie times, paving one shilling for such inspection, and in case Mich ciiurch- warden.s make default in yielding such account as aforesaid, or in delivering over such money, goods or other things as aforesaid, it shall be in the power of the succeeding churchwardens to proceed against them at law for such default, or to file a bill in equity for dis- covery and relief; and in case of the re-appointment of the same churchwardens, then snch account as aforesaid shall, in like maimer as is aforesaid, be made and rendered before an adjourned meeting of such vestry, fourteen days after such re-appointment. Extra ordinary/ Meetings of Vestry. X. And be it further enacted by the authority aforesaid, that it shall be in thn powov nf the incumbent of any such parsonage, rectory, or parish as atorcsaiti, or of the churchwardens thereof, to call a vestry meeting whenever he or they shall think proper to do so, and it shall be his and their duty so to do, upon application being made for that purpose in AvritiT'g by six at least of the members of such vestry as aforcsnid; and in case, upon written application being made as aforesaid, such Incumbent and churchwardens shall refuse to call sucli meeting, then ore week after such demand made, it shall be in the power of anv six of such members of the vestry to call the name by notice to be aftixed on the outer church door (or church doors where more than one), at least one week previous to such intended meeting. Chairman and Clerk of Vestry Meetiwjs. XL And be it further enacted by the authority aforesMid, that in all vestry meetings, the Rector or Incumbent of the Church shall preside as chairman, when present, and in his absence, such person as the majority present at such meeting shall name; and the vestry clerk, when there is one, and present, or in case there be no vestry clerk, or he be absent, then such person as the chairman shall name, shall be secretary of such vestry meeting, and the proceedings of such ■•l;l; liil OHtJROH TEMPORiVLrnES ACT. 339 at It orv, I'.l 'a and nade such ade call o in -ame oors ded lat in Ishall l»n as ?stry Ipstvy lame, Isuch ' vestry meeting shall be entered in a book to be kept for that purpose, and preserved in the custody of the churchwardens. Regulation of Pew Bents. XII. And be it further enacted by the authority aforesaid, that the rent-charge to be paid upon pews holden in frcehol', and the rent to be paid for pews and sittings in pews, leased or rented, shall be. regu- lated from time to time at such vestry meetings as aforesaid, provided, neverthelebS, that no j'lterations shall be made therein, except at vestry meetings, called for such special purpose, and so expressed in the notice calling the same ; and further, that the charges to be made in respect of such conveyance, leases and certificates, shall in like manner be regulated at such vestry meetings as aforesaid. Appointment of Cleric, Orgauist, Vestry Clerk, Sexton, d:c. ' XIIT. And be it further enacted by the authority aforesaid, that the clerk of the church, the orcanist, the vestry clerk, the sexton, and other subordinate servants of the church, shall be nominated and appointed by the churchwardens for the time being, and that their salary and wages shall be brought into the general account, to be rendered as aforesaid by such churchwardens, <■■ Fees for Marriages, Bapttisms, dr. XIV. And be it further enacted by the authority aforesaid, that the fees on marriages, baptisms, and other services of the Church of the like nature, and the charges payable on breaking the ground in the cemeteries or church-yards, and in the s.iid cluuclies, for bnr\ ing the dead, shall be regulated by tlie Ordinary, or in case there be no Ordinary, by the Bishop of the Diocese. By-luwii of the Vestry. XV. And be it further enacted by the authority aforesaid, that it shall be in tlie power of the members of such vestries, at such vestry meetings as aforesaid, to make such by-laws for the regulation of their proceedings, and the managoniont of the tempora- lities of the church or parish in which they belong, so as the same may not be repugnant to this Act, nor contrary to the canons of the said United Church of England and Ireland. Grants of Land for Church Purposes to be valid. XVI. And be it further enacted by the authority aforesaid, that any deed or conveyance of land, or of personal/ty, that may be made to anv Bishop of the said Church, in the saiil Provinces, and to his successors, for -he endowment of his See, or for the geneial uses of the said church, as such Bishop may appoint, or otherwise, or for the use of any particular church then erected, or thereafter to be erected, or the endowment of a parsonage, rectory, or living, or for other uses 840 STATUTES AFFEOTINO THE DIOOESE OF TORONTO. l:i or purposes appurtenant to such church in general, or to any parti- cular ciiiirch or parish, to be named in such deed, and any such deed or conveyance, to any 1 'arson, or Hector, or other Incumbent, and his successors, lor the endowment of such pa rsonao;e, rectory or living, or for oLJicr uses or purposes appurtenant thereto, shall be valid and effectual to the uses and purposes in such deed or conveyance io be mentioned and sot forth, the Acts of Parlianie'.'t, commonly called the Statutes of Mortmain, or other acts, laws, or usa,xes, to the con- trary thereof notwithstanding;; provided always, that in order to the validity of such tlrods and conveyances, the same shall be matle and executed i«ix nn)nths at ha-t before the death of the person conveying the same, and shall be rfgistered not later then six months after his decease. Church Endowment —Bishop's Licenfu. XVII. And be it further enacted by the authority aforesaid, that in th(! event of any person or persons, bodies politic or corporate, desiring to erect and found a church or churches, and to endow the same with a sufficiency for the maintenance of such cliurh and of Divine Service therein, according to ihe rites of the s:iid Church of England and Ireland, it shall and may be lawful for h.m or tiiem to do so, upon procuring tlie license of the Bishop, under his hand and seal, for tha< purpose; and thereupon after the erection of a suitable church, and lO appropriation by the founder thereof of such church 80 erected, and of lands and hereditaments, or other property, adequate to the maintenance thereof, and of an Incumbent, and adequate to the usual and ordii.ary charges attendant upon such church, such pro- vision being pvido fn the satisfaction of the Bishop, such founder, his heir and assigns, being members of the said Church of Eiiglaiul, or such body politic or corporate, as the case may be, siiall have the right of presentation to sucli church, as an advowson in fee presentative, according to the rules and canons of the said United Church of England and Trolnnd. JVo Spiritual Jurisdiction covferred by thin Act. XVIII. And bo it further enacted by the authority aforesaid, that nothing in this act contained shall extend, or be construed to extend in any manner, to confer any spiritual jurisdiction or eoclesiastical rights whatsoever upon any Bishop or Bishops, or other ecclesiiistical person, of the said Chi:!rch, in the said Province of Upper Canada. — Page 1081 of Hevised Statutes of Upper Canada, Volume 1 (1S43). (a) TRUSTS AUTHORIZED BY THE CHURCH TEMPORALI- TIES' ACT OF 1841. The Church Tempoialities' Act, in its l(Jth section, makes valid fLay deed, devise, or Qonvejance of l^od, or of personalty that may CHUKOH TEMPOBALITIES' ACT. 34:1 J, that ixtcnd lastical hd:i.— 843). Irali- ts valid (at may be made to any Bishop of the United Church of Enijlard and Ireland in Upper Canada, and to his successors, for any of the following pur- poses : — 1. For the endowment of his See. 2. For the general uses of the Church in Upper Canada, as the Bishop to whom the deed shall bo given and his successors may appoint ; or as may be appointed otherwise in the dt-cd, (that is, for the general uses of the Church in Upper Canada,) be applied under such particular directio;. as may be given in the deed, and not in the general discretion of the Bishop. 3. For the use of any particular church (in Upper Canada,) erected at the time of the deed being made ; and this, it is conceived, may by reasonable and proper construction be divided, as the preceding head, into two ; namely, to be applied towards the support of that church in such manner as the Bishop, to whom tin .ced shall be given, may direct; or to be applied towards the support of snch church otherwise then at the discretion of the l»ishop, and under such particular direction as may be inserted in the deed. 4. For the use of any particular ilmrch to be aflencard.s f-recedin Upper Canada, to be apphed towards the support of such church, as the Bishop, to whom the deed shall be given, and his successors, may direct ; or Ut be applied towards the support ol snch church, as the Bishop, to whom the deed shall be given, and his successors, may direct; ijitn lir » [^^>lii'il towards thn support of snch church otherwise then at the discretion of the Bishop, and under such particular direc- tion as may be in:?erted in the deed. 5. For the endowment of a parsonage, rectory, or living, to be applied (as it is conceived) to that object, under the direction of the Bishop, unless other provisions for the appropriation of the rents and profits shall be made in the deed. G. For other uses or purposes appurtenant to the Church in Upper Canada ; that is, t«)r some specified use or purpose, or uses or pur- poses pertaining to the Church generally — the proceeds to be applied in promoting that object, in the discretion of the Bishop, unless other provision shall l>e made in the deed. 7. For other uses or purposes appurtenant to any particular church (in Upper Canada,) to be named in such deed ; that is, for some specified use or purpose, or uses or purposes, pertaining to such particular church ; the pn^ceeds to be applied in promoting such uses or purposes, according to the discretion of the Bishop, to whom the conveyance shall be made, unless other provisions siiall be made in the deed. 8. For some use or purpose appurtenant to some particular parish (in Upper Canada), which use or purpose should be specified in the deed, and should be some use or purpose connected with the church 34g STATUTES AFFECTING THE DIOOESE OF TORONTO. in that parisb ; the rents and profits to be applied in promotinc: such use or purpose in such manner as the Bishop, to whom the deed is to be made, shall appoint, unles.> other provision shall be made in the deed. The sjime Act, in the same section, makes valid any deed or con- veyance of land, or of personalty, that may be made to any Parson or Rector, or other Incumbent, and his successors — 1. For tlic endowment of such parsonage, rectory, or livinijf. 2. For other uses or purposes appurtenant to such parsonage, rec- tory, or living, (which uses or purpose^ are to be exprcnscd in the deed, or may be loft to the discretion of the Incumbent, or left to be pointed out and promoted through the agency of some third party, as may be directed in the deed.) [Note. — In order to the validity of deeds and bequests, the same must be made and executed six months at least before the death of the grantor or devisor, and must be registered not later than six months after his decease. — Synod of Ontarioj Session of \SQ2, pages 26, 27.] II. CHURCH TEMPORALITIES' AMENDMENT ACT 1866. An Act to make fnrt/icr provision in relation to the Temporalities of the United Church of England and Ireland, in this Province. [Act 29-30 Vict., Chap. XV. Assented to 15th August, 1866, Whereas it is desirable to provide that the Act passed by the Par liament of Upper Canada in the third year of Her Majesty's reign' chaptered seventy-four, and intituled : "An Act to make provision for the management of the Temporalities of the United Church of Eng- land and Ireland, in this Province, and for other purposes therein mentioned," and also the Act of the Parliament of this Province, passed in the sixth year of her Majesty's reign, chaptered thirty-two, and intituled : "An Act to make provision for the management of the Temporalities of the United Church of England and Ireland, in the Diocese of Quebec, in this Province, and for other purposes therein mentioned," and also the Act of the Parliament of this Province, passed in the session thereof held in the fourteenth and fifteenth years of Her Majesty's reig? . '•haptered < ne hundred and seventy-six, and intituled ''An Act to ni.\ke provision for the management of the Tem- poralities of the United (^hurch of England and Ireland, in the Diocese of Montreal, and for other purposes therein mentioned," may be altered and amended from time to time, and the Provincial Synod ot the United Church of England and Ireland, in Canada, have, by their petition, prayed that power may be given to the said Synod to make such alterations in the said Acts, as may from time to time be found DIOCESAN AND PROVINOIAL SYNODS ACT. 343 III for lEng- lerein ince, •two, If the the lerein ince, ears and 'em- icese Itered the their ake E'ound necessary for the brttcr and more uniform rejrilalior. and mana^rcment of the Temporalities of the sai«l Church in this rrovince, and it is expedient tliat the prayer of the saia petition be {jranted : Tlierefore, Her Mfijesty, by and with the advice and cony-law shall have effect accordingly ; jy other religious communities ; therelbre Her Majesty, by and with the advice and consent of the Legislative Council aud Assembly oi Canada, enacts as follows : 844 STATUTES AFFECTING THE DIOCESE OF TORONTO. 7^e Bishops, Clerijy and Laity may meet in Diocesan Synod. I. The Bishops, Clergy and Laity, nieinbere of the United Church of England and Ireland, in this rrovincc, may meet in their several Dioceses, which arc now, or may be hereafter constituted in this Province, and in such manner and by such proceedings as they shall adopt, frame oonstitutions and make rctiulations for enforcing disci- pline in the Chun-h, for the appointment, deposition, deprivation, or removal of any person boaring 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, atfairs, and interests of the Church in matters relating to, and alfecting only the said Church, and the oilicers and members thereof, and not in any manner interfering with the riglita, privileges, or interest* of other religious communities, or of any person or persons not being a mem- ber or members of the said United Church of England and Ireland : provided always, that sueii constitutions and regulations sh. II apply only to the Diocese or Dioceses adopting the same. The Bishops, Clergy and Laity may meet in Provincial Synod or General Assembly. 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 Provinee 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 feneral management and good government of the said Church in this rovince: 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, line or penalty upon any person, other than his suspersion or removal from atiy office in the saiil Church, or exclusion frc»m the meetings or proceedings of the Diocesan or General Synods ; and provided also, nothing in the said Constitutions or res'u- lations, or any of them, shall be contrary t*^ any law or statute now, or hereafter in force in this Province. — Cona^a Gazette, 2Stk May, 1867. Certificate of Parliamentary Clerk. I herebv certify the above to be a true copy of the bill passed by the Leffisi'ative Council and Legislative Assembly of Canada, in the Second Session of the Fifth Provincial Parliament, and reserved for the signification of Her Majesty's pleasure thereon by His Excellency the Governor-General, on Thursday the nineteenth day of .June, 1856, and subsequently assented to by proclamation in the Canada Gazette, bearing date the Twenty-eighth day of May, 1 857. J. F. TAYLOR, Clerk, Legislative CouncU. ' /N. this shall re?u- now, ^fay, ed by the ;d for llency 11856, tzette, xil. ' DIOCESAN 6TX0D AMENDMENT ACT. IV. DIOCESAN SYNOD AMENDMENT ACT, 1858. .34.5 An Act to explain and atnenJ the Act intituled, " An Act to enable the Memher» of the United Church of Enfflanl and Ireland, in Canada, to meet iu Si/no/l. [«l Vic, chap. 13U: Aetti-nted to 16th of August, 1858.1 Whereas doubts fxist whether in the Act passed in the nineteenth and twentieth years of Iler Majesty's reign, intituled, "Ati Act to enable the members of the United Chureh of Enjjland and Ireland, in Canada, to meet in Synod,"* sufficient provision is made for the repre- sentation of the Laity of the United Church of Flnirland and Ireland in tho Synods by the said Aitant8 of Lower Canada, and also certain other persons hereinafter named, and divois others iidialtilants (»f Upper (^anaiocesos of Quebec and Toronto, and for creating a fund towards the auls and Sunday Schools m th(! said Dioceses, respectively, in conformitv with the princi|)les of the said Church; Thirdly, for grantinjj assisls>.n«'e, where it may be necessarv, to those who may be preparing; for the Ministry of the Gospel in the said ('hurch within the said Dioceses respect- ively ; Fourthly, for circidatinjr in the 8aid Diojescs, ns|)ectively. the Holy Scriptures, the liook of Common I'rayer of the said (, Imrch, and such other Hoitks and Tracts as shall b»^ approved by liie several Central lioartls or Manaj^iiiLC < V)mmitt»'es of the said Associations; Fifthly, lor obtainitux and f»rantin<«; aid towards the erection, emlow- ment and maintenance of C'hurches according to the establishment uf the said Church in the said Dioceses, respectively, the creation and inaiiitenance of ."arsoiiage Houses, the setting a|)art «>f I'.nrial (irounds and CluHH-h ^'alds, the endowment and siipp»)rt «»f Parsonages ami Rectories according to the saif the said Asso- ciations thai tliey should severally Ik' incorporate*! and empowered to hM-»4 aforesaid, and to niaUe and enforce rules and regulations, r«'spcctively. for the govermnenl. of the said A8sociatit)ns, severally, and tor better attaiidiig the purposes aforesaid: He It therefore enacted, by the Queen's Mt.st Fxcelleiit Majesty, by and with the advice and conwnt of the Legisl.ilive Council and of tl»e IjCgislative Assembly of ihe Pruviuce of Canada, cuutititutud and iuseuiblud by virtue of aud uader CnrKCII SOCIETY IXCOKPORAIION ACT. 347 or •VI-' ral >ii 11. .IIS , tof out •Ml IVMIU I.l |ivf an Act passed in XW Parliament of Groat Ilritain anf ilte sainr. thit the L«)rd I>i-ihoj» .»f the said Diocese ot* Qiu-he.'. the Lonl liislioj* «»f Montreal, <>r tlie l»i>.h'>p administering th<' <-mi\ l>i«>ci>se for tlu- time hciiii;, and William Smith, Andrew \V. I'ochran, Ilcnrv Jcssop, Honry J. N««ad, John Uai'ey, James II. K«'rr. ]>nvi.l liiinnl, W. II. Leaycraf'', John M. Fras»r, l''e Revererul ('. L. V. IIa. Hall, James Turnhull, WilTiMm Stevenson. James I». Forsvth, Alex.nider U Bell, James Dyk.-. Willi nii P.owes. \l M. HarriM.n'. 11. S. Dalkm, Edward Boxer. Arejiil.all < nMiphell. Charles Secretaii. James .M.Kcii- zie, K. P. Woolrich, (It-orije II. Parke. Samuel M«'('aulev. J.uues J. Lonmles.G. Newton, fharles Secretan, 'I'honias Haikers, II. W. Wcleh, and sjjch other per^iMis as are now Mt-ndterf- of tin* said A-^oi-iatiou of the I)ioee»e of (juehee, aeeordini; to the existing Constitution, Rules and Kegn'''»tions tin reot', and their success«»rs, to he elected in the manner hereinafter provided, and such other persons as shall from time to time he?<:afler he elected to !te M» inl'ers of the sai I Associa- tion in the mani.er hiMcinatter provith d, shall he and are herehy de- clared a B<»i-hop of ToriMito, the VeneraMe Geor^je ('kill Stuart, Robert Simpson Jameson, Levius Pet«'r Sherwood, James B. .Macaulay, Jonas Jones, Christopher Alexander Ilagi-rmaii, iVter Boyie I>c BiKquicre, William Henry Draper, John Sinic«)e Macauley, James Gord(»n, John Boulton, John S..l.>ni.»u Cartwri<.;ht, DWrcy B.Mi ton, Mahhtn Burwell, John B. Askiu, Thomas McK-er Jones Frederick Wirs of the sai.l Association of the Diocese of Toronto. accor4lin'.x to the exisiim^ C<»nstitutio'i, Rules an 1 KejfU- lativns thereof, and their su.-ce.ssors, to be elected iu the manner hcreinafer provided, and such other persons as shall from time to time hereafter be elected to be .Mendiers <»f the saiil Ass<>ciati<)n in the manner hereinafter providi'il, shall be anerform and execute all and every lawful act and thing useful and necessary for the purpt)ses aforesaid, in as full and junple a manner, to all intents, constructions and purposes, as any other Body Politic i»r Corporate by law may or ought to do. Lands, Monci/x, cC'c, vented in the Corpitnit'ions. II. And be it enacted, that all lands, messuages, tenements, here- ditaments, or immovable property, and all rents, sum anil sums of money, charged upon and issuing or payable out. of ;iny lands, n)es- suages, tenements, hereditaments, or immovable property, as afore- said, and all sums of nu)ney, goods, chattels, etfccts, or movaI>l< property, which h 'e been or shall hereafter be paid, given, granted, purchased, appropiiatcd, devised, or be<]uc;'thcd in any manner or way whatsoever, to, for, or in favour of the said (.'or|)orations, res- pectively, to and for the uses and purposes aforesaid, shall be and tin- same are hereby vested in the said Corporations, respectively, to and for the uses and purposes aforesaid, in such manner and form, and subject to such by-laws, rules and regulations, as may be made and passed by the said Corporations, respectively, concerning the same, in the maimer hereinafter provided: And that the said Corporations or the Central Boards thereof, or such other Executive and Managing Committees thereof as shall from time to time be appointed and authorized for this purpose by the by-laws, rules ami regulations, which may be made and passed in the manner hereinafter mentioned, for the government of the said Corporations, shall, respectively, have power and authority to alienate or exchange; and to demise, let and lease for any terms of years, such messuages, lands, tenements, here- ditaments, and immovable property as shall be so as aforesaid given, granted, purchased, appropriated, devised, or bequeathed to the said Corporations, respectively, for all or any of the purposes aforesaid, and to have, receive, and take the purchase money, consideration or price, rents, issues or profits thereof; Provided always, that the said Corporations or Central Boards thereof, or such other Executive or OnUECH SOCIETY INCOEPOEATION ACT. 340 ly, have llct and Is, bcrc- giveii, llio said )resaid, It ion or ' llie said litivc or Managing Committees, as aforesaid, shall, respectively, have, receive, take and hold such purchase money, consideration or price, rents, issues or profits, for the uses and purposes hereinbefore mentioned and set forth, or some or one of them, and for none other. Corpora tiniis may make By-lawH and transact btmnens. III. And be it enacted, that the said Corporations, and their suc- cessors, shall and may respectively, from time to time, hold assemblies and meetings of the said Corporations, which shall be called together in such manner and at such times and places as shall be directed and appointed by the by-laws, rules and regulations of the same, to trans- act the business of the said Corporations, and shall and may at any such meeting elect such persons to be members of the said Corpora- tions, respectively, as they or the major part of them then present shall think fit: L^rovided always, that no act done in any such assembly or meeting of the said Corporations shall be valid or etl'ec- tual, unless six persons of such Corporations, at the least, shall be present, and the major part of them consenting thereto. Quorum of Corporatioits. IV. And be it enacted, that the said Corj)orations, or the m.njor part of those who shall be present at any of the meetings of the said Corporations to be lield in manner aforesaid, shall and may, respect- ively, make and ordain any constitution, by-laws, rales and regula tions, whatsoever, which to them or the major part of them then present, not being fewer in number than six as aforesaid, shall seem meet, reasonable or requisite, touching and concerning the well ordering and governing of the affairs and business of the said Corpo- rations and the due administering and improving the property thereof, and the more etfeetually promoting the purposes thereof, as aforesaid, and such constitution, by-laws, rules and regulations in like manner from time to time to abrogate, repeal, change or alter as may be found expedient, which constitution, by-laws, rules and regulations, shall be binding upon and shall be observed, performed and kept by the Members of the said Corporations respectively ; Provided always that the same shall not be repugnant or et>ntrary to the aforesaid purposes of such Corpoiations, or to the laws in force in this Trovincc. ]\yiltrti consent of the Bishop luccssari/. V. TroNided always nevertheless, and be it enacted, that no siicjj constitution, by-law, rule or regulation, or either of the said Church Societies of the Dioceses of (^jiebee and Toronto, nor any abrogation, repeal, change or alteration of the same, shall be of any force or effect until it shall have been sanctiojied and confirmed by the Bishop of or administering such Diocese for the time being, under his hand. 350 8TATUTE3 AFFECTING THE DIOCESE 0¥ TORONTO. I I Her Majesty's righ - saved. VI. And be it enacted, that nothing herein contained shall aflfect or be construed to affect in any manner or way the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, or ot any Body Politic or Corporate, such only excepted as are hereinbefore mentioned and provided for. To he a Public Act. Vn. And be it enacted, that this Act shall be deemed a Public Act, and shall be judicially taken notice of as such by all Judges, Justices of the Peace, and other persons whatsoever, without being specially pleaded. VI. CHURCH SOCIETY AMENDMENT ACT, 1866. An Act to amend the Act of Incorporation of the Church Society of the Diocese oj Toronto. [28 Vic, ch. 54; assented to 18th Marrh, 1866.] "Whereas the Church Society of the Diocese of Toronto and the Bishop of the said Diocese have prayed for certain amendments to the Act of Incorporation of the said Church Society passed in the sevenih year of IJer Majesty's reign, chaptered sixty-eight,* and that the same rights, powers, authorities and piiviiogcs that have been conferred upon the Church Society of the Diocese of Huron, and the Incorporated Synod of the Diocese of Ontario, may be conlened upou the Cliiiivh f^ociety of the Diocese of Toroulo ; And whereas it would greatly facilitate and promote the purposes for which the said Church Socieiy of the Diocese of Toronto was incorporrited if the said Act of Incorporation was so amended: Therefore, Her Majesty, by and with the advice and consent of the Legislative Couucil and Assembly of Canada, enacts as follows : Powers of Church Society of Diocese of Huron, and of the Synod of the Diocae vj Ontario, conferred on Church Society of Diocese of Toronto. 1. The Church Society of the Diocese of Toronto shall have, and there is hereby conferred upon the said Church Society, all the lights, powers, authorities and i)iivilcges tiiat have been conterred upon or acquired by the Church Society of the Diocese of Huron, and the incorporaied synod of the Diocese of Ontario, by the several Acts of Incorpoiatiun of the said last mentioned Church Society and Incor- porated Synod; and all the clauses and provisions contained in the , • See page 346 of this CompllPilou. \dqf iocete land In or the ks of Icor- the HUEON OHXJEOH SOCIETY INCOKPOKATION ACT. 351 said Acts respectively intituled: An Act to incorporate the Church Societi/ of the Diocese of Huroriy and for other purposes there wiih connected, passed m the twenty-second year of Her MajcstyV Kcign,* and An Act incorporating the Synod of the Diocexe of Ontario, passed in the twenty-fifth year of Her Majesty's Reigii,f shall be read, taken and applied, as far as the same niay be applicable, to the Cimrch Society of the Diocese of Toronto and the iiishop of the said \)\o cese of Toronto, as if the same had been specially enacted for the said Church hociety of the Diocese of Toronto, and whenever in the said Acts the words "Church Society of the Diocese of Huron," or " Incorporated Synod," or "Bishop of the Dioce>e of Ontari"," or " Bishop of the Diocese of Huron " occur, the same shall be read in reference to the Church Society of the Diocese of Toronto, as if the words " Church Society," or " Incorporated Syuod " and "Bishop," were "Church Society of the Diocese of Toronto,'' and "Bishop of the Diocese of Toronto." 2. This Act shall be a Public Act. {Page 136 of the Statutes of 1866. VH.— HUKON CHURCH SOCIETY IXCORPORATIOX ACT. An Act to Incorporate the Church Society of the Diocese of Huron, and for othir purposes therewith connected. [S2 Vic, ch. 65; aseented to 24tb July, 1868.] Whereas Her Majesty, by Her Royal Letters Patent, bearing date at Westminster, on the second day of October, in the twenty-first year of Her Majesty's reign, was pleased to divide the Diocese of Toronto into two Dioceses, the one to be called the Diocese of To- ronto, and the other the Diocese of Huron, in the manner and with the limits and boundaries in the said Letters Patent mentioned ; and by reason of such division it hath oecome expedient to incorporate a Church Society, in the Diocese of Huron ; and whereas a Sociely for the said Diocese of Huron hath been recently formed, and hath prayed that the members thereof and their successors may hereafter toi ui a separate society, with the corporate name and rights, and subject to the provisions hereinatter mentioned : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : The said Church Society incorporated — Powers. 1. From and after the passing of this Act, there shall be and there is hereby constituted in and for the Church of England Diocese of Huron as now constituted, a corporation by the corporate nam v. of the * See thia page of the Compilation. t See page 863 of this Compilation. 352 BTATrTES AFFECTINa THE DIOCESE OF TORONTO. Church Society of the Diocese of Huron, which shall have and is liereby invested with the like corporate rights, powers and privileges, as by any Act or Acts of the rarliament of this Province, are con- ferred on any Church Society incorporated in any Diocese of the Church of England in this rrovincc ; and to the said corporation and to the members thereof, the several clauses and provisions of the said Acts shall apply as fully as they would have applied to any of the said Church Societies and to the members thereof, in so far as may not be inconsistent with this Act, and subject .always to the provisions heroin contained. Of whom to consist. 2. The Church Society of the Diocese of Huron hereby incorpor- ated, shall bo composed and consist of the Lord Bishop of the Diocese of Huron for the time l»eiiiy, and of those members of the Church Society of the Diocese of Toronto, who shall at the time of the passing of this Act, be resident within the Diocese of Huron, unless and until it shall be otherwise provided by the By-laws of the said Church Society of the Diocese of Huron, and of such other persons as shall, from time to time, hereafter be elected members of the said Church Society, in manner provided by the Acts aforesaid. Society may receive certain property. 3. The Church Society of the Diocese of Huron shall and may receive and take from any of tbc said Church Societies, any of the property held by such last-mentioned Societies, and discharge the trusts relating thereto, and such last mentioned Societies shall there- upon be discharged from^such trusts. Saving of Her Majesty's rights. 4. Nothing herein contained shall be construed to affect in any manner or way the rights of Her Majesty, ller Heirs or Successors, or of any person or persons, or of any body politic or corporate, such only excepted as are herein mentioned and provided for. 5. This Act shall be deemed a Public Act. [Page 199 of the Statutes of 1858. VHI. ONTARIO SYNOD INCORPORATION ACT. Extracts from an Act incorporating the Synod of the Diocese of Ontario. [35 Vic, cb. 86; assented to 9th June, 1863.] May hold certain Projierty. 3. The Incorporated Synod of the Diocese of Ontario shall and may receive and take from the Church Society of the Diocese of Toronto, or from the Lord Bishop of Toronto, or from any other person whomsoever, any of the property, real or personal, held by ONTARIO 8YN0D INCORPORATION ACT. 353 ad is icge?, cou- )f tlic u and e said )f the ,3 may ^risions jorpor- Diocese CUurcb of the ,, unless ■he said persons the said and may kr of the arge the 1 there- ct in any xicccssors, ate, such f 18b8. CT. of Ontario. June, 1862.1 shall and I)iocese of any other I them and of right belonging to the said Diocese of Ontario, and sliall discharge the Trusts relating thereto, and such Church Society, Lord Bishop of Toronto and other person shall thereupon be discharged from such Trusts. Certain Lands vested\in Synod. 4. All lands situate within the limits of the Diocese of Ontario and the Diocese of Toronto, or elsewhere, and held by the Church Society of the Diocese of Toronto, or by the Lord Bishop of Toronto, upon any special Trust or purpose for the benefit or advantage of any Church, Parsonage, Rectory, person or party, or otherwise howsoever, of the TJnited Church of England and Ireland, within the limits of the Diocese of Ontario, shall be and arc hercbv vested in the Incor- porated Synod of the Diocese of Ontario. Certain other Lands so vested. 5. All lands situate within the limits of the Diocese of Ontario, and now lawhilly held by any person or corporation, upoiv any special use, trust or purpose, for the benefit or advantage of any church, burying ground, parsonage or rectory, or otherwise howsoever, of the United Church of England and Ireland, within the limits of the Dio- cese of Ontario, may, by such person or corporation, with the consent of the party beneficially interested, be transferred to the Incorporated Synod of the Dioicse of Ontario. Ctrtain other jyrujicrty, and securities so vested, 6. All lands, moneys, morij^ages, or securities heretofore conveyed, paid or assigned to the Church Society of the Diocese of Toronto, or to any other person for the benefit of the fund called the Episcopal Trust Fund, to be applied towards the support and maintenance of the Lord Bishop of the Diocese of Ontario, for the time being, shall be and the same are hereby vested in the Incorporated Synod of the Diocese of Ontario, and shall, by the said Incorporated Synod, be held upon, to and for the use, trust and purposes for which the same were heretofore held by the person or corporation holding the same ; and the Incorporated Synod may take, have, hold and receive any and all moneys, mortgages, lands and securities which shall hereafter be given, paid, devised or bequeathed to or otherwise acquired by said Incorporated Synod, for the benefit of said Episcopal Trust Fund. To he held on certain trusts. 7. All lands, moneys, mortgages and securities which, under the authority of this Act, shall be vested in the Incorporated Synod of the Diocese of Ontario, shall, b) e said Incorporated Synod, be hold upon, to and for the use" trusts, interests and purposes for which the same was heretofore hei the person or corporation holding the same; and the said 'C0i|^orated Synod may sell and dispose ab- 364 STATUTES AFFECTINa THE DIOCESE OF TOEONTO. solutely of any such lands, mortgages and secunties as in this Act mentioned, or any other lands, mortgages and securities, which shall, after the passing of this Act, be received, held or acquired by the said Incorporated Synod, and shall have and hold the proceeds of 1;, such lands, mortgages and securities upon the same trust as the said lands, mortgages and securities had been before held, and no purchaser shall be liable for the application of any moneys paid by him or any sale under the provisions of this Act. Bishop of Ontario to have the administration of such prvjjtrtij. — How it may be alienated. — And if vested in any incumbent. — Proviso, I — Proviso. — Proviso, as to Rectory Lands. I 8. The Lord Bishop of the said Diocese ot Ontario, for the time I being, shall have the administration of all lands and personalties t vested in him or conveyed to him for the endowment of his See, or for the general uses of the said church, or for the use of any particu- lar church or chapel erected, or hereatter to be erected, or lor the en- dowment of any parsonage, church, chapel, living or for other uses or purposes appurtei:ant to such United Church in general, or to any particular church or parish, and shall, by and with the consent of the Incorporated Synod of the Diocese of Ontario, have power to sell, alien and transfer any lands or personalty vested in or conveyed to him for the general uses or purposes of the said See, or of the sa'd Church, and shall also have power, by and with the consent and participation of the Rector or Incumbent, and the Corporation of the parish wherein the same be situate, and by and with the consent of the Incorporated Synod of the Diocese of Ontario, to sell, alien, and transfer any land or personalty vested in or conveyed to him for the endowment ol any parsonage, or living, or for ihe uses or purposes appurtenant to any particular church, chapel or parish ; and the parson or other incum- bent of any parsonage, church, chapel or living, to whom any lands or personalty shall have been or may be hereafter conveyed for the endowment of such parsonage, church, chapel or living, shall have power to sell, alien and transfer the same, by and with the consent and participation of the Bishop ot the said Ciiurch in the said diocese I for the time being, and by and with the consent of the said Synod of the said Diocese; Jrrovided, always, that the price or consideration of such sale, alienation or transfer, be applied to the uses and purposes for which the land or personalty so sold, aliened or transferred, was conveyed; And provided also that such sales, alienation or transfer be not inconsistent with or contrary to the conditions, uses or pur- poses of the deed of conveyance to the said United Church, or to any ' ' Bishop thereof, or to such parson or incumbent, as the case may be, of the land or personalty so to be sold, aliened or transferred ; And provided further that this clause shall not authorise the sale ol any land granted by the Crown to any Keclory within the said Diocese '',* \ ' for the endowment thereof. - •'- [Page 2bZ of the Statute8 of \%Q2. TORONTO SYNOD INCORPORATION ACT. 355 1862. IX.— INCORPORATION OF THE SYNOD Ol' TORONTO. An Act to Incorporate the Synod of the Dwcc»e of Tot onto, and to unite the Church Society of the Diocese of Toronto thereicith. [8« Vic, ch. 81: aBsented to 83rd January. 1869] Whereas the Synod of the United Church of England and Ireland, of the Diocese of Toronto, have peiilioneti for an Act for the Incor- poration of the siiid Synod, and for union with the Church Society of the said Diocese ; and the said Churdi Society have also petitioned for the same, and it will greatly facilitate the objects for w hich the said Synod and Churcli Society were estahlishcd, to grant the prayer of the said petitioners : Tiierefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : The Synod Incorporated. 1. The Synod of the United Church of England and Ireland, of the Diocese of Toronto, shall be, and the same is, hereby incorporated by the name of "The Incorporated Synod of the Diocese of Toronto." Who shall constitute the Synod. 2. The said Synod shall consist ot the B'shop of the said Diocese, *ho shall be the head of the Synod, and any SutTragan or Coadjutor Bishop tlieivof, the Priests and Deacons of the same licensed by the Bishop or Suti'ragan, and ol Lay Representatives, to be elected accord- ing to the Consiitulion of the said Synod as the same exists at the time of tlie passiny- of this Act, or as it may, from time to time, bo altered by the said Synod after the passing of this Act. The corjiorate i.ame of the Synod. 3. The Church Society of the Diocese of Toronto shall be and is hereby ui.ited to, and inc'irporaled with, the said Synod of tho Diocese of 'loronto, and shall herealtor be called and known as "The Incorporated Synod ot the Diocese of Toronto. All property visted in the Synod. 4. All the property, of what nature or kind soever, row I eld by or vested in the said Churcli S-cicty, shall be and is hereby declaied to be vested in the Synod of the Diocese of Toronto, without any con- veyance thereof by the said Chuich Society to the said Synod; ;ind the name of the said Synod is and shall stand and be in the place of the name of the said Church Society in ail deeds and other writings relating to the property and aflairs of the said Church Society, and in all suits and proceedings, either at law or in equity, by or against the said Chuich So'^iety. i 366 STATl'TES AFFECTING THE DIOCESE OF TORONTO. Trusts and fAahiliiics of the St/nod. 5. The said Synod shall be subject to all the liabilities of the said Church Society, and sliall liold all property vested in trust in the said Society upon the same trusts as such property was heretofore held by the said Society, and shall administer the same according to such trusts; and all claims, rifjhts, suits, actions, cause nnd causes of suit and action, which mi^ht but for this Act be brought, prosecuted, or enforced, by any person or persons, body or bodies corporate what soever, against which any special trust is attached. Appointment and Removal of Officers. 0. The said Synod may appoint or remove all such officers as may be found necessary for the management of the affairs and business of the said Synod, and provide for their remuneration. TRUSTS AUTHOBIZED BY INCORPOBAIIOH ACT. make Synod nferred jccding edings, ay per- rh such [inc ap- lof the j'ith the Itachcd. las may Iness of Iloto Propcrtij and Fmu/s ore to br manaffetl. 10. I'ntil other provision be made under this Act by the Synod, all the property and funds of the said Chureh Society hhall «oiitinu«' to be umiiaged by the committees and olKcer* of the siid ("hureb Society, and under the by-laws thereof, b»it subject to the supervision and control of the Synod, to whom all reports respecting the sauu' shall be made. \Pit!/e 204 of Statutes of iSOt*, \). TRUSTS AND BEQUEvSTS AUTHORIZED BV INCORPORATION ACT. THE SYXOJ> FORMS OF TUrST. For General Puri^otes. Upon trust to hold the same forever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, may be appropriated and applied to the general purposes of the Incorporated Synod of the Dio cese of Toronto, aforesaid, as set forth in the statute incorporating the said Synod. For the Support of Miuion*. Upon trust to hold the same forever hereafter to the intent and upon the trust, that the rents, issues and profits thereof, — after deducting all such charges and dif*bur.«ements, as may be incurred in the care and man- agement of the fiiiid property, and in the < xerution of the faid Trust, — may be appropriated and applied for the encouragement and support of Missionaries aud Clergymen of th(^ Church of England within the Diocese of Toronto, and for creating a fund for the augmentation of the stipends of poor Clergymen. Widows and Orphuns' Fund. Upon trust to hold the same forever hereafter, to the intent and upon the trust, that the rents, issues and jirofits thereof, after deducting all such charges and disbursements as may IJe incurred in the care and management of said property, and in the execution of said trust, may be appropriated and applied towards the fund for making provision for the widows and Orphans of the Clergy of the Church of England in the Diocese of Toronto. Schools. Upon trust to hold the same for ever hereaiter, to the intent and upon the trust that the rents, isBues,and profits thereof, after deducting all such charges and disbursements as piay be incurred in the care and management of said property, and in the execuvion of the said trust, may be appropri- ated and applied for the encouragement of education, and for the support of Day Schools and Sunday Schools in the Diocese of Toronto, in conformity with the principles of the Church of England. tr i Particular Schools. • Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and management of said property, and)in the execution of the said trust, may be appropri- ated and applied for the use of Day Schools and Sunday Schools [or Day 35 S STATUTES AFFECTINO THE DIOCESE OF TORONTO. Schools] [or Sunday Scliools] In th»' Townwhip of [or for tiie pupport of n iSchcxd which hath born esubliehed on Lot No in the Concefsion of the Township of ] In the Diocese of Toronto, in ronforniity with the pnnciplefl of the Church of EngUnd. Divinity Students. Upon traet to hold the eamo for ever hereafter, to the intent and upon the trust that tlie rontM, inMiic'8 and nrofite tliereof, after deducting all euch char£r-<> and disbursmx-nts hh may tie iiuurreil in the care and management of said property, and in the oxocution of the tinid trust, may be appropri- ated an'l applied townnJs n fund for grnnlinj: n^^i^•tan^e, where it may be nece^i-arv. to those wlm may he preparing for the Ministry of the Gospel in the Church of Lnglund in tlui Diocesn of Toronto. Circulation of Biblif, rtayer Looks, and lieligioua Bcoks oiW Tiacf*. Upon tniPt to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues and profits thereof, after deducting all each charges and disbursements as may l)e incurred in the care and management of «aid property, and in the execution of the said trust, may be appropri ated and applied towards the circulating, in the Dioceee of Toronto, the Holy Scriptun'S, the Book of Commttn Prayer of the ( harch of England, and such other Books and Trncts as shall be approved by the Incorporated Synod of the Diocese of Toronto aforesaid. Erection and EndouvKnt of Chvrchex and Parsonages. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues and piofits thereof, after deducting all such charges and disbursements ns may be incurred in the care and management of said property, and in the execution of the said trust, may be appropri- ated and appliefl townrrls the cif rtion, endowment, and maintenance of Chnrches. accoidirg to th=> establishment of the < hurch of England, in the X>ioc> se of Toronto; the creation and maintenance of Parsonage Houses; and the setting apart of Burial-grounds and ( hurch-yaids, and the endow- ment and support of Parsonages and Rectories according to the same establishment. Site of a Chvrch. Upon trust to hold the same for ever hereafter, for the use of a Church of the Church of Encland, to be erected upon the taid parcel or tract of Land, and for a Burial-ground in connexion therewith, and for no other use or purpose whatsoever. Site of a Onirch and purpusts ajypurfenant thereto. Upon trust to hold the same for ever hereafter, for the site or ground plot of a Church of the Church (.f England, anc for such other uses or porpoEes appurtenant to the s-aid Church as the Lord Bishop of the Dio- cese shall from time to time appoint. Endowment of a Church. Upon trus*. to bold the same for ever hereafter, to the intent and upon the trust that the rents, issues and profits thereof, after deducting all such charees and disbursements as may be incurred in the care and management of said property, and in the eyecution of the said trust, may be appropri- ated and appii"^ towards the support of the incumbent of that certain Church of the Church of England, situated in called on Lot Church nd upon all Buch agemcnt ipproprl- niay be e Uospel Tracts. ind upon r all such lapcment nppropri onto, the England, srporated and upon p all such nagement appropri- nance of d,in the Houses ; 16 endow- the same Church tract of other no r ground uses or the Dio- d upon all such a^ement ippropri- t certain 84LE OF RECTORY LAin)B ACT. Site of a Partonage House. 359 Upon trust to hold the same for ever hereafter, as a site for a Parfonage House for the nse of the Clergyman of the Church of England doing dutj at FORM OF BEQUEST. TO THE nrCORPORATED STSOD OF TOE DIOCESE OF TOHOKTO. I pive, devise and hrqnrath unto the Incorporated Synod of the Diocese of Toronto, all and singular that certain parcel or iract of Land and Pre- mises situate and being in the To have and to hold the said parcel or tract of Land and Premises, with thoir nppurtrnances. unto the «aid the Incorporated Synod of the Dioceso of Toronto, aforesaid, and their assigns, for ever, to the uses and upon the trusts following, that is to say A BEQUEST OF PERSONAL ESTATE. I give and bequeath to the Incorporated Synod of the Diocese of Toronto, the sum of for Shares of Stock in the Bank standing in my name in the Books of the said Bank (If Debenture? briefly de«mbe them)l upon ♦rust, to be by the Incorporated Synod of the Diore«f of Toronto aforesaid, applied to the general purposes of the Boid Synod, a** set forth in the statnte incorporating the said Synod. N. B. — A Btqiiest of Personal Estate may also be made for any particular object of the Society. X. SALE OF RECTORY LANDS ACT. An Act to provide for the sale of Rectory Lands in this Province, [S»-«) Vic. ch. 16: a^ented to IStb AngUBt, 1886.] Whereas the Provincial Synod of tlie United Chnrch of England and Ireland iri Canada, have by their petition prayed for the passing of an Act to give permission to the Incorporated Synods and Chnrch Societies of the ditTercnt dioceses of the said Ciiurch in this Province, to sell the Rectory lands held in snch dioceses by grant from the Crown ; and whereas it is advisable to grant the prayer of such peti- tion ; therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Bt/ what author! t If Glehe or Rectory Lands may be sold. Proviso, as to the then Incumbent. 1. The Incorporated Synod of any diocese of the United Church of England and Ireland in Canar i, or the Church Society of any diocese, with the consent of the Synod of such diocese, where such Synod is not incorporated, shall have full power and authority to sell and absolutely dispose of any lands granted by the Crown in such dioc'se, as a glebe of, or as appurtenant or belonging to, or appro- priated for, any Rectory of the said Church in said diocese, by what- TT-^ 360 STATUTES AFFECTING THE DIOCESE OF TORONTO. I over name tlio same may be called, or in whomsoever the title thereto may he vested ; and any deed executed by such Incorporoted Synod, or by such Church Society, shall vest in the purchaser a full, clear and absolute title to the said lane's, subject oidy to any leases thereof or rij^dits njraiiled therein, by competent authority prior to such sale, and also to any mortgage that may be executed thereof, to secure all or any of the purchase money thereof; provided always, that such sale shall not aflect the estate or interest of the Incumbent of such Rectory at the time of such sale, unless the consent in writing of such Incumbent to such sale be tirst given, and that without such consent the title vested in the purchasers by virtue of such deed, shall be subject to the estate and interest of the then Incumbent, in the lands so sold. Investment of proceeds of sale. 2. The proceeds of such sales, as the same may be from time to time paid, or as the same may come in from any investment, shall be invoted in Government securities or county mur.icipal debentures, and the interest arising from the said proceeds shall V ; paid to the Incumbent of the liectory to which such lands belonged at the time of such sale, during the term of his infunibency. Apijlicutions of snch j>rocecds. ''\. The proceeds of such sale shall be held by such incorporated Synod or (. hur'*h Society in trust, first to pnt/ all ejr2)ei>ses attending the mxwagcimnt thereof ; secondly, to pay the interest of the moneys arising from such sale to the Incunihent of the Rectory to which such lands belonged at the time of such sale, during the term <>f his incumbency, it' he has eonsented to such sale as aforesaid ; and thirdlj', atter the death, retirement, or removal of such Incumbent, to pay such interest, if the amount be sullicient therelbr, to the Incumbent '^f such Recttny for the time being, as follows : in cities, to the exic-nt of seven hundred and fifty pounds a year; in towns, to the extent of five hundred pounds a year ; and in townships to the extent of fr,ur hundrcil pounds a vear : and anv excess of interest bovond such annual payments shall lie apportioned to and divided among the In- cumbents of the other churches of tlu' saitl Churo' '•» the Citv, T«>wn or Township, in which said huids are situate, or to .. /:?eh such Rec- tory belonged, in such proportion as such incorporated Synod, or Church Society v ith the consent of such Synod, ..here not incorpor- ated, shall by resolution, by-law or canon, from time to time order and direct. Right of presentation not affected. 4. Nothing in this Act contained sliall .ffeet the right of presen- tation to any Rectory, but such right of presentation shall continue to be exercised as it Avas before this Act was passed. la jratcd fending noneys vh:ch .f his rdly, , pay nbent exic-nt tent of f frur I such He In- .Town I Rcc- od, or orpor- order Iprescn- intinae , REOTOBY LANDS — ALIEyATDTO LAXD8. 361 Sales to be within tin years. 5. The right to exercise the power of sale granted by this Act, must be exercised witiiin ten years .roin the passing thereof. To what Rectories the Act shall apply. G. This Act shall apply only to tliose rectories and rectorial lands which come within the provisions of the Act passed in thw ?o8sion held in the fourteenth and tiftcenth years of Her Majesty ': reign, chaptered ui>e hundred and seventy-five. 7, This Act shall be deemed a Public Act. [Page 09 of the Statutes of 1386. XL SALE OF UECTORY LWDS AMENDMENT ACT. An Act to amend the Act of the present session, intituled : An Act to provide for ths sale of the Rtctory Lands in this Province. [2»-30 Vic. cb. 17; assented to 15ili Aagost, 1906.] Whereas it is expedient to amend the Act of the present session hereinafter mentioned : Therefore, Her Majesty, by and with the ad- vice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Section G of Chapter 16 repealed. 1. The sixth section of the Act passed iia the present Session o( the Parliament of this Province, intituled: An Act to provide for the Sale of the Rectory Lands in this Province, is uereby repealed, and the following section bhall be and is hereby substituted in lieu of the said s' ction hereby repealed, and shall be taken and read as the sixth section of the said Act. I^ew Section substituted. "0. This Act shall not apply to any lands granted by the Cioto, as sites for Churches, Parsonages, or Burial Grounds, or now occupied us such." [Page 71 of the Statutes of 1866. XIL POWER OF ALIENATING LANDS AND PERSONALTY. An Act to confer upon the Bishop and lucumbtuts of the Diocese , Par- iisliop bo sell, 'v Application of the proceeds of Sales. 4. The price or consideration money of any such sale, alienation or transfer, shall he applied to the uses and purposes for which the land or personalty so sold, aliened or transferred, was originally con- veyed to, or became vested in, the said Bishop and Incumbents respectively. Power to convey Glebe lands. 5. The said Bisliop, and any Rector, Parson, or other Incumbea in the said Diocese, in each case by and with such consent as is here- in provided for in regard to such sales by them as aforesaid, shall have power to grant and convoy any glebe, liousc or lands, which now are or hereafter may be vested in them respectively, to any person or persons, body or bodies corporate, in exchange forany other house, buildings or lands; and it shall be lawful for the said Bishop, Rectors, Parsons or other Incumbents, with the like consent, to accept and take in exchange to him, them, and their respective successors forever, from any person or persons, or body corporate, any otlier house, buildings, or lands, in lieu of and exchange for such house or lands so granted and conveyed. Consent of Synod, Bishop or Incumbent, how signified. 6. The consent of the Synod, Bishop or Incumbent, respectively, hereinbefore required, shall be tcstitiod by their respcctive'y executing the deed or other assurance by which any lands or other promises shall be conveyed or assured. This Act not to affect lands mentioned in 29 and 30 Vic, Chap. 10. 7. Nothing in this Act shall extend or apply to the lands men- tioned in the Act of Parliament of the late Province of Canada, past 8cd in the session held in the twenty -ninth and thirtieth years of the reign of Her present Majesty, chaptered sixteen, and intituled, "An Act to provide for the sale of Rectory Lands in this Province." {Page 203 of the statutes of 1860, XIII. SALE OF GLEBE LOTS IX DARLIXGTON. Extract from an Act to authorize the Church Society of the Diocese of Toronto to sell certain Olebc Lots of Land in Darlington, and for other purposes. ; [28 Vic, ch. 67; asacntcd to 15th March, 1806.] 1. The Churoh Society of the Diocese of Toronto shall, and they are hereby authoiized to sell and convey absolutely in fee simple, on the written request of the Rector and C^hurchwardens of St. John's Church, Bowmanville, founded on a vote of a majority of the vestry of the said church then taken, accepting an otTer for the purchase of 364 8TATTTTE8 AFFECTING THE DIOCESE OF TOEONTO. the said land for the time being, the glebe lots belonging to the said church situate in the Township of Darlington, County of Durham, being lot number thirty-one in the first concession of Darlington, to ' I any person or persons, bodies politic or corporate, that may be willing and competent to purchase the same. I Application of moneys arising from Sale I J ■ 2. The moneys raised by such sale shall be invested by the said Church Society in Provincial or County Debentures, as requested in writing by the said Rector and Churchwardens, for income of the said Rector or incumbent of St. John's Church aforesaid and his suc- cessors, and no purchaser shall be liable or obliged to sec to the application of any money paid by him upon any sale under the prv - visions of this Act; Provided always that if any portion ot the pur- chase money is not paid at the time of sucu sale, it may remain on mortgage on the said glebe land.s upon such terms and for such time as may be agreed upon between the parties. Existing rights saved. 3. Tliici Act shall in no respect affect w interfere with the rights of any party or parties under existing leases of any part of the said Ipnd. 4. This Act shall be deemed a Public Act. [Pages 141, '2 of the Statutes of 1865. XIV. VALIDITY OF ACTS PERFORMED IN CANADA BY CLERGYMEN ORDAINED IN FOREIGN PARTS. An Act to estahlish the validity of Acts performed in Canada by certain clergymen ordained in Foreign Parts, and for other pur2Joscs. [28 Vic, ch. 7; aescnted to 18th March, isec.j Whereas, by the Third Section of an Act of the Imperial Parlia- ment, passed in the twenty-sixth year of the reign of His late Majesty King George the Third, intituled : *'AnAet to empower the Arch- bisliup of Canterbury or the Archbishop of York, for the time being, to consecrate to the office of Bishop jiersons being subjects or citizens of countries out of His Majesty's dominions," it was, in effect, enacted that no person or persons admitted to the order of Deacon or Priest, by any Bishop or Bishops so consecrated, or by the successor or suc- cessors of any Bishop or Bishops so consecrated, should be thereby enabled to exercise his or their rcspecti^^ office or offices within His Majesty's dominions; and whereas, from its having been apprehended that diver •» persons so admitted to such order of Deacon or Priest, had exercised their respective offices within divers British Colonies, and that the validity of their acts so performed, and even the power of VALIDITY OF THE ACTS OF FOREIGN CLERGYMEN. 365 icerUtin iSt5. , 1£C5.] Parlia- Ijijosty Arch- being, ilizcus n acted Priest, or sue- [bcreby in His lendcd st, bad s, and wcr of >h Colonial Legislatures to give validity thereto, were doubtful, it wn^ afterwards, in effect, enacted by another Act of the Imperial Parlia- ment, passed in the session held in the twenty-sixth and twenty-f=eventh years of Her Majesty's reign, intihiled : "An Act to establish the validity of acts performed in Her Majesty's possessions abroad, by certain clergymen ordained in Foreign Parts, and to extend the powers of Colonial Legislatures whh respect to such Clergymen," that the Legislature of any such Colony might authorize any such persons to exercise their respective offices therein, ;iny thing in tlic aforesaid Act to the contrary notwitlistanding; and that all acts theretofore per- formed in any British Colony by any pt vson having been admitted to the office of I'nest or Deacon by any of such Hishops as aforesaid, or of their successors, should bo as valid and ellectual at law, for all pur- poses whatever, as if siich person had been so admitted by a I'ishop or Bishops of the United Ciuirch of Kngland and Ireland : Therefore. Hor Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Acts of persons ordained hj/ Bisho 205 217 «19 35 '.t 261 >\ V ▲NALVTICIL INDEX. 307 FASa Bibles, grants of, to parishes 235, 316 Bishop, ou election to resi;?n nreferment 73, 151 election < fa *. 72,11^,293 coadjutor 152, 294 misaionary, canon on 333 trial of a 327 to the Indians. 142 Metropoiiiaii, poweis of. 326, 227 Court ot Appeal 3.iO Suffragan and Coadjutor 152, 234 Stracli;iin Sclioul luitiirls ' 27, 30. 31, 196 Stracliau's Cli .r^^os, uuiil^sis of 17 Address s of . . .47, 49, 52. 54, 108, 109, 112. 123, 142 154, 1:6, 17.5, 18;», 191, 19S, 199, 207, 209, 210 222, 1245, 251, 2.3, 261. Strachan, Addresais to lequtst of, to elect Coadjuior Bishop deal lj of .29, sketch of mcmorii 1 to Bethuue 9,15,28,29,30, election of 28, addresses of...lOl, 125, 174, 187, 197, 216, 223,245, Colenso 26, 245, Croiiyn .. 2.3, Lewis 25, Mountain 13, Stewart .. ot Capo Town ..... 27, of Madras quoted of New Zealand . . Bishops <-f 13. N. A., Dt'olaration of in Ontario and Quebec, Dcclii:atio:i of Bishop's Court 152, 157, Blalie, S. 11-, K.sq., voie of ihunks lu 120, Board of Missions 67, 123, I'l, Book and Tract Com-!'itt( 69, 234, Boultoa, Hon. G. S., vuie in memoriam Boundaries, settlement of paiisii 81, Bovell, Dr., thanks to ..... Briggs' cast?, Kev. Solomon Buri.il service, omissions in Business Older of Synod By'laws, rules fur committees and canons of Synod Cameron, Hon. J. II., vot • of thanks to 115, incrciise of probationary duty of Candidates for the ministry, incrciise of Canons of 1603-4 ... 'I'd onto Synod Canons of Provincial Synod 0.1 appointment of a missionary Bishop on eccledi.istical lav 8ubmis3iou of clergy to Diocesan and Proviucial. .... 271 155 275 190 275 190 156 246 251 253 254 40 14 251 166 53 33 41 29) 273 287 317 274 278 273 269 171 71 73 277 272 188 263 35 2-. 7 323 333 162 47 368 ANALYTICAL INDEX. it ■r '. -ii PAOC Canon;, consolidation of the Toronto Diocesan ... 264, 265, U74 committee on consnlidiition of, vote of thanks to 274 Catechizing in Sundfty Schools 38, 204, 206, 'Wd Carter, Esq., vote of thiinks to John 274 Cathedral < hiirch of St. Jnnics endowment 107 Celebration of Divine Service, di.screpancies in the ICfi Certificate of membership in the Church on removal .36 to lay representative .')6, 57 Charipes, rubrical 245 Char;jes, anal) sis of Hishop Strachan's J 7 Chairmen of committees, powers and duties .04, 65 Church architectui e 269 '< Chronicle" and " Herald" 267 Discipline Act . . 159, 296, 297 doctrinal standards of the 35, 4i, 44 endowment 340 in India 247,292 Irehind 248 South Africa 251 membership, cond'l ions of 34 certi(ic:'.tc of 36 music 69,180, .lofi property, manajremont and control of 84 right of the, to meet in Synod .34, 46, 47, 277 Society, union with Synod 255 Church prtipci ty vested in 84 relation of Sunday Schools to the 203 secret societies in the 245 Temporalities Act 1 03 unity of the . . 41, 44 Churches, Episcopal, intercommunion with 37 erection of 45. 1 0.i constitution of vestries for free 79 Christian Knowledjic Society, thanks to 273 Churchwardens to furnish statement of property s6 duties of ' 80, 280, .336 Christmas offertoiy for clorf,^ 12.", 292 Chronological record of Church in Diocese 15 Clergy, insurnnce on the lives of 260 list of, in Dioccso ', 9 maint?nance of 39 Keserve Question, history of 108 status of the 164 submission of the, to canons J7^ 326 superannuated, relief of 259 sustentation of the ,.,..^^,,. 4.;, 120 vote of thanks to, ior their commutation [ 115 commuting and non-commuting 1 1 7, 118 Coadjutor Pishop 25, 1 52, 294 Colenso heresy 20, 215, 251 OUege, 'i'rinity, University J «»n Coraraitteo, Assessment (58, '217 Audit 69 Book r.cd Tract ,69 g02, 3}7 ANALYTICAL INDEX. n69 , il74 i!74 :tl6 i!74 107 ICfi 36 , 57 , 246 . J7 , G5 . 269 . 267 , 297 , 44 . 340 , 292 . 248 . 251 . 34 . 36 I, 306 84 r. 277 2-)5 . H4 203 . 245 . 103 I, 44 37 105 79 273 K6 336 292 15 260 9 39 108 164 326 2:)9 120 115 118 294 251 l«»o 'jn 69 I ' PAGE Church Music 69 Commutation Trust 65, 1 1 9, 2S4 Endowment ol" See C6 General Purposes 68 Indian M issiuns 67 Investment 66 Mission IJoard 67, 127, 131 Printin;; 233, 322 Rectory Lands 66, 92 Statistics 6 -, 318 Sunday School 09,200,314 Theolopfical Student's Fund 67, 1 94 Widows and Urphans' 67. 237 Committees of Synod 63, 64, 05, 06. 07, 63 by-laws for 73 chairmen of (;4 meetings of 61, 267 reports of 65 standin;^ committees 64 composition of standing 266 quorum of. 64 vacancies in, filling up 65 on Missions to examine and report to the Bishop 137 Composition of Synod C^, 55 Communicants. Ly renresc.tatives to Synod must be 55 Commutation of stipends by the clergy 1 08 Trust Committfc ll**, 110, 284 Condition of Church membership 34 Condolence and sympathy, votes of 274 Congregational psalmoiiy 180, 306 Consolidation ot the Canons 264 Constitution of Toronto Synod 65 Provincial Synod 323 Vestries lor free churches 79, 277 Contested seats in Synod 7 1 , 74, TO (.'ouit for contested seats in Synod 71, 74 trial of oflences. Bisho|)'s 152,157,295 a Bishop 327 Day, the Lord's, observance of 242 Dead, prayers for th ? 263 Dean. a. Archdeacon, or senior Rural Dean to preside at election of Bishop .72, Dears, Rural, first appoi-ited duties of 89,134,137,150. to presido at election of new Bishop ....... 72, 15: 152 16 293 293 39 176 Deacon, order of Deceased wife's sister, marriage with 37, 173, Declaration of B. N. .\. Bisho]),s 33 Declaration of Bishop.s in <.intario and Quebec 41 Synod of Toronto 44 Queon.s Siipiemacy 40, 42, 43. 44 Deeds of Church j)ropiMty, registration of 89,282 Degrees, marriage within the prohibited 37, 173, 176 r^ 370 AKALYTIOAL UIDEZ. Delegates to Provincial Synod 61, 266 order of preetdenco of 62 Diaconute, revival of the. ., 184 Disciplino, eccl'^siu.stifiil <12, 45, 162, I J7, 295 Diocese, s.ibdivisiun of ihe 73, 148, 2153 of 11 III on 2 J3 UiUiirio 254 Diocesan Douid of Missions 07, 127 Btiitisiic'S Ga, 221 Sunday Schools 198 Synod Act H43 Disabilities of American clergymen 262 Disciepancies in celebration ot Divine sorvicc 166 Dissent or protest not to be entered on minutes 76 Dissolution of the Syno 1 69 Divine guidance, |>rayer for 42, 46, 69 sfMvice, disciepancies in celebrution of 106 Divinity Students' Furd 67, 1 94 Division of mornin;^ service 3(5, 170 th.; Litany 169 parishes 81, 278 pui ochial endowment 106 uDiocose 41, 45, 60, 73, 148, 293 Divorced parties, marriaj^e with 179 Doctrinal standards of the Church 35, 41, 44 Dual election to the Synod 63 Dues, Synod, must ho paid 53 Ecclesiastical law, Canons on 35> 162 Education, declaration of the iJishops on 38 proceedings of Synod on 45, 190, 190, 193, 207 Eieciion ot Jiisliop 72, 14^, 293 Coadjutor Hisliop 25, 152, 294 •^ lay lepresentativcs 66 olliceis of Synod 32, 60 dele^'ates ti. Provincial Synod . 34, 61, C2, 256, 326, 344 Endowment of See tf Toronto 64, CO, 145, 292, 341 parishes, and division of 1 06 English Discipline Act .. 159, 2i'6, 297 veision of the bible 261 lOpiscopal Churches, intercommunion with 37 Erection of parishes. .81, 278 churches and parsonages 105, 106 Es&ays and Reviews 26, 245, 246 Evenin ; session of the Synod, notice to be given of ... 71 Executive Committee 63 Exhibitions in Trinity College 196, 313 Fees, table of 45, : 03, 105, 339 Forei jn ordained clergy, disabilities of 262 Formularite and Articles, Bishops on '^^ Forms of prayer 59, 262 Founder of a church or churches, rules for 83, 279 Free churches, constitution of vesiries in 79, 277 Beats in churches , 79, 26b, 277 ▲NALTTIOAL INDXX. 371 266 62 181 , 2'J5 , 2y3 203 254 127 221 1U8 843 252 166 75 6'J , 59 U6 , 194 , 170 , 169 , 278 . 106 , 293 . 179 , 44 . 63 . 53 162 as 207 293 294 u6 60 344 341 106 297 261 37 278 106 240 71 63 , 313 339 252 35 , 262 , 279 , 277 . 277 Fu) ford, Bishop, vote in memortom 274 Fund, Theological Students' 67, 191, 312 Widows' and Orphans' 67, 236, 308 General Purposes 68 Marriage License 178 Gamble, Esq., thanks to J. W. 272 Gaols and reformat )rieB, ministrations in 219 Geddes, M.A., timiiks to Uev. J. Gamble 273, 274 General Purposes Committee 68, 121, 227, 319 Glebe lands, sate ol" 93 Gorham case 246 Governor, addresses to 2i0 Grants to Sunday tschools 206, 316 parishes of service books, etc ..... 235, 3 1 7 Harman, Esq., B.C.L., thanks to S. B 156, 272 Harvest, seed-time thanksgiving 243 Heresies, Colenso and other 246 Historical retrospect of the Diocese 13 ■ketch of the Clerj,'y lleservt* question 108 Separate School di^cusaioo 207 UodginK, Dr., vote of thanks to 265 Holy ('ommunion and membership 30 Scriptures, value of, version, 4c 2G 1 Hymn book, psalms, etc 36, 177, 307 Huron, Diocese of 253 lllustrutive teaching in Sunday Schools 203 Incorporation uf jhe Synod and Church Society 255 India, the Church in . .' 247 missionary to 248 Indian Church missions 67, 139, 292 Indians, missionaiy Bishop to 142 Inebriate asylum 217 Inlant classes in Sunday Schools '. . 204 Inhibit, Bisho[»*s power to 31)1,332 Insurani-e of Church buildings bH, 281 the lives of the Clergy 260 Intempeiance and its remedy 217 Intercommunion with Episcopal Reformed Churches. 37 Investment hands Committee 66, 283 Ireland, the Church in 248 Jacobs, Kev. P., nsolutions in memoriam 274 Juiis and reformat )rics, ministrations in 219 Judgment on contested seats in Synod 76 of Privy Council 245 Lambei tiui referred to 48 haw, Canons on ecclt'siastical 35, 162 Jjay CO operation 187 readers 187 representatives to the Diocesan Synod Ao, 57 superintendents nf Sunday Schools 20i, 315 Laymen, admission of, tu Syuoii 48 m ^ n / >> '/ /A IMAGE EVALUATION TEST TARGET (MT-3) 1.0 |50 ~^" 25 I.I •^ 1^ 1 2.2 M 1.8 1.25 U 11.6 372 ANALYTICAL INDEX. PAGE Lectionary, the new 171 Legislature, addresses to 270 Libraries, diocesan and parochial 39 Sunday School 201, 204, 206, 315, 31G Letters te.s»imonial 332 Licenses, marriage 177, 305 Liturgy, divisi.tn of. 1G9 omission of parts of 36, 169 in Sunday Schools 206, 316 Lord's Day, observance of the 242 Lundy, case of Mrs. 237, 308 Madras, Bishoji of, quotoJ .... 166 Maintenance of ihe clergy 39 Marriage law, sketch of, in Canada 177 licenses 177, 305 . . of divorced persons 179 with deceased wife's sister 173, 176 within the prohibited degree.?' 37, 175 Matrimony, solemnization of ... 173, 305 Meetings of committees of Synod 64, 267 Synod 59, 266 Membership, certificate of Church , 36 conditions of Church 34 Memorial to Bishop Strachan 275 Metropolitan, coi\nratulation on the election of 268 court of appeal 330 powers of 326 Minister of Juslic ', opinion of 104 Ministrations in jails and reformatories 219 Ministering by strangers in parishes and dioceses 331, 332 Ministry, increase in candidates for the , 188 Mission s^'hools in parishes 205 work, its principles and objects .. 183, 287 Missionaries, travelling 261 Missionary, Li.'^hop to the Li iians ... 142 canon for the election of a 333 meeting, diocesan 71, 132 obligatory in parishes .... 67 Missions, Diocesan Board of 67, 123, 127, 287 committee on, to examine and report to Bishop 137 Indian 67,139, 292 Morning service, division of. 36 Mortgagea on Church property 87, 280 Music and congregational psalmody, Church 69, 1 80, 306 Natal, Bishop of . , 251 New dioceses 73, 332 Lectionary [ 171 Zealand example quoted 63 Niagara, election of the Bishop of 28, 156 Offertory, Christmas 125, 292 uniformity at 36 Officer, presidin g, of Synod , 60 Officers of Synod, elec^iop of. , , , .,,,., ,60, 229 ' ANALYTICAL INDEX. 373 PAQ» Omissions in Burial Service 171 of parts of the liturgy '.'*. '3*6 169 Ontario, Diocese of '\ '^ ^ I 254 Order, of proceedings in Synod .'..........'. "lO rules of */ 7,]. 277 Oxford writers and movement .' ' 245 Pan-Anglican Synod , 245 Parish with two congregations, representatives from 5G boundaries, settlement of ..* 27rf registers " '.'.'..'...' 37 Parishes, division of. 81 278 endowment of ,,...■ .1 106 erection of new .". 'si, 83, 278', 271) vacant, appointment to and assessment of 126 Parochial statistics 22l" 318 endowments, division of . . . . ' 106 Parsonages, architecture of ........ 'Id'J erection of V. .86, 105 Patronage of the rectories 94 284 Pentland's case, Piev. John _ ' 260 Prayer Book, Bishop Strachan on the !......!!!. 202 forms of ■ 59" 262 for Divine guidance 42 4(j Synod meeting ' 59 "nJty .'.'.'....[I]'.' ..[''.[ 59 the dead 263 Preferment, Bishop elect to resign , , 73 294 the term defined 297 Presentation to a Parish , . . . .82 83 278 Prince of Wales, address to „ ' 270 Printing for Synod 232 32'* Privy Council, judgment of ' '." '. . . , .' 245 Probationary duty of ministerial candidates * " 268 Proceedings of Synod, analysis of '. ,.. .. '. 19 order of 70 Prohibited degrees, marriage in 37 175 Property, Church, control and protection of 84, 85^ 280 ._^ ^ ;-^^v, registration of 89. 282 vested in the Synod ,] 84 Protest not to be entered on minutes of Synod ] 75 Protestant clergy, Imperial Act for the support of a '. .103, 110 Provincial Synod Act '.'.'.". , 343 Canons of. . . 323 Provincial Synod, constitution of . * ' 323 ^^ , ^ delegates to ' .61, bVe, 326 Psalmody, congregational, and hymns 36, 180 306 Qualifications of lay representatives. . 55 Quarterly meeting of Synod committees '. ...64 267 Queen, addresses to _ , ...V.V. .".'. .' 269 Queen's supremacy, aeclaration of the 43,162 277 Quorum of Synod ' ,.,... ' 60 committee meetings 64 Readers, lay '"/.".". .... .187, 307 ^ 374 ANALYTIOAL INDEX. w ii A^ m i i ^ PAOl! Rector, title of 82, 83 Rectories, fifty-seven, established 94 patronage of the 94, 284 Rectory Lands Cominitteo G6 salouf '. .'.".'..'.' 91; 283 Keformatories, ministrations in jails and 219 Registers, parish *. 37 Sunday School ... 206,316 Hoji.s'niticai of Chinch jfiop^rtv. 89, 282 parisii bounda.i\.'3 84, 279, 283 Repo 1. printing of Synod 232, 322 Report(;r to the Synod 266 Repai ■ s of Church property 87, 280 Jiepresentatives, qualifications, election, «S:c., of lay 55 Revival of the Diaconato 184 Ivituulisni, memorial of Toronto Synod on 168 rosohition at Montreal in rerjard to 169 1 ovival of 245 Rubrical changes , 245 Rules for preservation of order 74 Ruri-decanal Committee on Missions 133, 288 Sabbath, observance of the 242 Sale of glebe lands . 93 rectory lands 91,283 Scriptures, the Holy 261 Scrutineers for election of dehgates to Provincial Synod J 62 School architecture , 269 Bishop Strachan's, for girls 1 96 Schools, boys' and girls', for higher chis.'^es 39 Mission Sunday, in parishes . . 205 separate . . 207 Sunday 09,198, 314 Seal of Synod. 09 Secret societies in the Church 245 Secretaries, Honorary, election and duties of 60 Secretary-Treasurer, election and duties of 60 Security to be given by Secretary -Treasurer 01 See of Toronto, endowment of l45, 292 Seed-time and harvest, 243, 203 Service, discrepancies in the celebration of Divine 166 Separate schools. Church of England 207 Settlement of parish boundaries - . . 81, 278 Singing, congregational psalms and hymns 205 Societies in the Church, secret 245 Solemnization ot tioly matrimony ,r 173, 305 South Africa, Church in 251 Speakers limited to ten minutes 75, 266 Standards of Church doctrine 35,41, 44 Statistics, parochial 221, 318 Bishops Strachan and Bethune on 222, 223 Status of the clergy 164 Strachan, see Bishop. Stuart, Rev. Dr 13, 16 ANALYTICAL INDEX. 375 H % f "^ r \ FAOB Submission to the canons of the Diocesan and Provincial Syno-ls. , .47, 326 Suffragan or Coadjutor Bishop, election of a 152, '294 Supremacy, declaraiion of the Queen's 43, 162, 277 Taxes payable on Church property 88, 281 Temporalities Act, Church 103 Ten minute rule for speakers 75, 266 Tenth, the Christian 121, 122 Testimonial, letters .... 332 Thanks to various parties, resolutions of 271 Theological Students' Fund ,. .67, 312, 313 College. Cobourg 191 Titles to Church p: opi^rt y 88, 281 Toronto, endowment of "ihe See of 145, 292 Tracts, books and, grants of 234, 317 Training for the Ministry 39, 194 Travelling expenses to attend Synod committees 228, 321 missionaries 1.9, 'ifil Treasurer-Secietaiy of the Synod t,0, dl Trial of a Bishop 3'.:7 Triennial visitations of Bishop Strachan 17 Trinity College University 100, 312 Trust Fund, Clergy Commutation 115, 11(5, 2'.2 Trusts authori:ted by the Church Temporalities Act '-^iO forms of 357 Uniform lessons for Sunday Schools 88, 205, 316 Uniformity at offertory 36 of psalms and hymns H6 University of 'J'rinity College 190, 312 one for British North America .39, 1 94 Unprovided cases, rule for 73 Vacant parishes, appointment to and assessment of 126 Vacation of Secretary Treasurer Gl Vagrant children, education of 21G Validity of Synod Acts 71 Vestments, cunon on 168 Vestries, how formed, their proceedings 336, 338 not to change right, rule or custom 278 of free seat churches 79, 277 Victoria, Australia, example of 21 Visitations of Bi ihop Strachan 17 Voluntary system discussed by Bishop Strachan 1 1 1 Vote by orders 75, 151 how to, for Bishops 72, 152, 154 Widows and Orphans' Fund , 67, 236, 308 Zealand, New, convocation in, example of 63 16 i> EBBATA. ERRATA TO THIS COMPILATION. Note.— The errors corrected in the following table have arisen in four diflEerent ways, viz 1 . Those which were accidentally overlooked by the compiler. 2. Those which exist in the original papers or documente. 8. Those which are ordinary typograpliical errora. 4. Those which were corrected in the proofs, but which were overlooked by the printer t-> Page 14, 15th lino from top, substitute " of " for " or." '^ '* 21, 11th " " " " western" for "eastern. " "* " 24,16th " " " "miidc" for "contained." "^ *' 24, ocn " bottom, erase " the." . , ' ■^ " 34,25th " top, insert "as" before "by." ""♦" " 29, 19th " " for "practises" read "practices," ■^ " 35,26th " " substitute "manifestly ''for "manifcatedly." '" 43, last line, substitute " preceding " for " proceeding." 48, 6th line from bottom, insert " to speak " after "Invite them." 48, 20th 49, 8th 51, 17th 51, 21 St 75, 4th 75, 7tli 83, 18th 95, 6th 96, 4th 103, 10th 105, 7th 116, 26th 116, 4th 117, 10th 185. 18th 142, 18th 142, 12th 146, 3rd 146, 6th 146, 16th 148, 5th 148, 5th 150, 4th 150, 10th 151, 2nd 168, 18th 158, 4th Kil, 8th 162, 20th 163, 24th 164, 20th 165, 12th 190, 4th 201, 18th 212, 14th 212, 8th V21, 8th 241, ICth F |'i:~ ft. top, erase "it top, for " dependancy" read " dependency." bottom, substitute " momentous " for " monstrous." top, for " acquires" read "requires." bottom, for " mamtainance " read " maintenance." top, for " contiue " read "continue." top, after " rector," insert "or rectors." bottom, sabstltutc "are" for "is." . ■ ■ .^^ top, " " is " for " was." ' ■ " " "accidentally" for "accidently." bottom, " "was " for "were." top, substitute " alternately " for " alternatively." " insert "no" before "reference." " " "for "for "from." " insert after "churchwardens of said congregation " "doij hereby undertake and agree on behalf of said congre gation," and at p. 289. bottom, substitute "invested" for "vested." " " "see "for "seem." " " " separate " for " seperate." " insert " when " after " time." see page 293. " substitute " derivable " for " desirable." top, " "consecration" for "concentration." bottom, " "reckoned" for "second." top, " "Bishops" for "Bishop." bottom, " " represented " for last word " pre3ent." top, " "meeting" for "majority." bottom substitute " they" for " them." " (also p. 295), " and his successors," for "his successor top. ■ sentence" for " sense." "appear" for "appeared." " " " consideration " for " considcrtolon." " " " licenses" for " license." " " " interests" for " interest." " " "lose "for "loose." " " " adapting " f or " adopting. ' ' " " last word "cities" for" cetlai." liottom, " "seems" for ' seemed." " "the "for "ever." " insert " no " before " private." 257.' last line, insert the word " shall " after " laymen," and also at p. 511. - 265, 2'st line from top, insert "least" instead of "lease." " 279, 5th " bottom, substitute " presentative " for " presentlve." " 271, 19th " top, substitute " more" for "most." " -m. 15th " '*^ erase the first " have a." " 279, 20th " •' insert " or parties " after " party." " 281,9th " top, " "effect" for "erect." " 284, 8th " bottom, insert "or" at end of lino. " 293, leave out section 7 of No. 1 1. " 300, 16th line from top, substitute " respectively" for " respectfully." -•' 804,5th " " make the same correctii/, " 806,13th " " substitute " knowingly" for " knovvng." "807,13th " " in Sect. 2, substitute '• authorized " for " authorised.' " 811, In Sect. 9, Ist line, insert " no" before "private." " 816, !2th line from top, substitute "clergyman'' for "clergymen." "8'8, 8th " bottom, substitute "churches" for "church." "824,18th " " " "Bishop" for "Bishops "repeated. " 889, Sect, xvl., 2nd line, for "personality" read "personalty." " 841 , Beet. 4, last part, from " or to be applied," to be left oat vV ,-•> SIGN BOOK CARD AND LEAVE AT CHAI9GING DESK IF BOOK IS TO BE USED OUT OP THE LIBRARY BUILDING \m lira flcr,^> JAN 24 197« _ I I 'T. '*S it ^ ■ V-,-. -- Al ^'^«m: