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Documents, Evidencs, Correspondence and Judgments, :a8 used and given in the: ; BISKOiP'S COXJJR. T., : and in the: SUPREME COURT OF THE PROVINCE, BEFORE THE HON. CHIEF JUSTICF, BEGBIE. ! f PKINTED AT THE VICTORIA STANDARD OFFICE. iS^ni^^^hrS^^^^^^iS^^ '=^^^^=^^^'^k:^^-p. The ensuing pages contain the documents, evidonoo, correspondence, and judgments of the trial of the Rev. Edward Cridge before the Ecclesiastical Tribunal and in the Supreme Court of British Columbia. The following are some of the breaches of propriety and discipline alluded to in those documents and papers: Disturbing the Congregation. Attacking a brother Clergyman before the Congre- gation. , Public repudiation of the Bishop's censure. Attack upon Episcopacy. Kefusal to explain. Ketuaal of returns to Visitation Articles of Inquiry. Denial of the Bishop's authority at Visitation. iJefusal to answer questions at the Visitation. Kefusal to produce the Registers. Declaring the Bishop to have denied the Queen's su- premacy. Declaring the Bishop a seceder from the Church of England. Denial of the Bishop's right and discretion as to preach- ing in the Cathedral. The proofs aflbrded of so presistent a violation of the rules and discipline of the Church, of vows and promises of obedience, must convince every intelligent and impartial reader tiiat, however painful, it was the imperative duty of tlie Bishop to initiate proceedings for the purpose of vindi- cating the law and order of the Church. It is satisfactory to find the proceedings in the Eccles- iastical Tribunal pronounced i)i the judgment of the Supreme Court to have been conducted on the principles of justice, and to have resulted in a right conclusion. The readiness of Mr. Cridge to abandon the Church of England, and to express his agreement with the principles of a hostile sect, is a complete justification of thu painful pro- cess of law, and aftbrds a clue to his extraordinary conduct under the long forbearance by which he has been treated. TRIAL OF THE VERY REVEREND DEAN CRIDGE, Sept. 10th, 11, 12tb, 14th aud 17th, 18T4, COPY OF THE OPENING REMARKS AND JUDG- MENT OF THE RIGHT REVEREND THE LORD BISHOP OF BRITISH COLUMBIA, AND THE ASSESSORS' FINDING, ALSO OF THE DOCUMENTS ADDUCED AT THE TRIAL. THE BISHOP'S OPENING REMAKKS. In opening the painful proceedings of to-day, it is right to state, for the information of the members of the Church of Enghind, that this Tribunal, under the best legal advice, has been constituted in accordance with Iho requirements of the "Clergy Discipline Act of England." (3 and 4, Vic., o, 80.) That Act is not here in force and does not apply in many respects, but it represents the mode of procedure in the Church at home, which we here aro bound, where possible, to follow. That Act not only authorizes tho Bishop to initiate proceedings and to preside, but to appoint assessors to sit with him. In accordance with this I have appointed gentlemen to assist and advise me who have been in no way connected with the questions in dispute. We have thrown these proceedings open to members of the Church, but as ia religious questions there is always considerable feeling, we hope thero will be no expression of this one way or the other, in order that a calm and orderly consideration may be given, and that quietness preserved which be- comes the gravity of the occasion. On the one hand for consideratioix, is tho conduct, conscientious we are bovmd to believe, of a Minister of our Church, who by his past services has deservedly secured many friends, and on tho other hand arc the laws and discipline of the Church, How far these are iu liarmony— the conduct and the laws— is the question for this Tribunal to do- cide. Both sides must be patiently heard, and a conclusion arrived at with impartiality, justice, and as in tho sight of God. Let us hope from neither one side nor the other will escape a word of bit- lerness, but that all things may bo done with charity. Wc now call upon the Registrar to read the Citation aud Articles. 2. CITATION. ' [n To the Voiicmblo Eihvnrtl Ciidgo, Clerk, Dean of Cliriir^t Church, Yiclorin, GuKKTixo: \Vo, CiCi>rp;n, by Divine porinission, llislinp vif IJiitisli Cohimhin, by vii-tuo of tlie authority vested in us as your ordinary, and of ller Majesty's LettcM's Patent, dated 12i.h January, IHf)!), do ]ierel)y sununon you, llm paid Edwaid Crid;,'(', to appear Ijeforo us at tlio building known as the Tandora Htreet 01uin;ii, on Pandora Street, in tho Citj of Victoria, on the 10th day of Scpt(!niber nc.'xt, at tlie liour often o'clock in the forenoon, to answer llio several articles, matters, and things alicgod, charged and propotmded against you, and which are henjunto annexed; and take notice that in default of your ap- pearing and answering tho several articles, matters, and things so alleged against y<}U, wo shall proceed to hoar and adjudicate upon the same, your ab- sence notwithstanding. 33ated at Yictoiia, the 27th day of August, 1874. G. [L. S.] COLUMBIA. JM. ^V. Tyrwhitt Drake llogistrar, by ilobt. E. Jackson, his Attorney. AllTICLES. IN 'HIE NAME OF GOD, A^IEN. "VVe, George, by Divine permission, IJishop of British Columbia, to you the Bev. Edward CridgCj Licensed Minister of tho Cathedral (Jhurt.li of Christ Church, Victoria, m tlio Pj'ovinco and Diocese of British Columbia, and Dean thereof, do hereby article and interrogate you touching and con- cerning divers matters and things wlicrein you have offended against the laws Ecclesiastical; liave refused to acknowledge our authority; liavo neglected to comply with our la, vful requests, and have obstructed us in tho perform- ance of our Episcopal oflico and functions, as follows: — 1 AVo article and object to j^ou, the said Edward Cridge, that by the Ecclesi- astical Laws, Canons and Constitutions of the Church of England, all Clerks and Ministers in Holy Orders, holding tho Bishop's license, arc required to obey the said Bisho]i in all lawful matters and things under pain of depriva- tion or other Ecclesiastical punishment or censure as the exigency of the caso and the law thereupon may require and authorize according to tho nature and quality of their offences. 2 And we article and object to you, the said Edward Cridgo, that on tho 24th day of February, 185D, wo were duly consecrated to the See of Britisb Columbia, and that the following, among other clauses, arc in tho Letters Patent from llcr Majesty appointing ut: — "And we do fuither by these presents ordain that it shall be competent to the Bishop (meaning ourselves) from time to timo to select any suitable Church already crecteil, oi" which may hereafter be erected, within the limits of the said Bishoprick, or Diocese, to be used as his Cathedral Church. "And wo further ordain and declare that the said Bishop of British Col- vmvbia and his successors shall be subject and suboi'dinato to the Archbisliop of Canterbury and his successors, "And we do further will and ordain that ev'^''; Bishop of British Col- umbia shall take an oath uf obedioncc to tho Archbishop of Canterbury for the time being, as iiis Metropolitan, which oath shall and may be ministercdC by tho said Archbishop, or hy any other person by him only appointed or authorised for that purpose. "And wo do further by those presents expressly declare that the said Bishop of British Columbia, and also his successors, having been respectively ty us, our heirs named and ai)pointed, and by the said Archbishop of Canltr- 8. (bin, by iiji'sly'H tlio Pftiil Piindora 1 (lay of ) scvcrnl ifit you, ,'our ap- I llll0g(!(I >'our ftb- 1, to you luircli ol' olunibiii, aiul con- tlio laws ll("{,'l0CtC(l Ijorform- Ecolcsi- lU Clerks quired to deprivR- thc case ituro and at on tho f British Letters ompetont puitablo he limits li. itish Col- ch bishop itish Col- rbury for linistored ointed or L tlio said poctivcly f Canttr- btjry, panonically onlainod and oon«prrilod arrordin^ lo tlio form of tlio United Church »»f Kni^laiid and Ireland, may pi-rlorm all tlii> tinu-tions pecu- liar and appropriate to tho olllco of iii>liop, within tliu said Diooose of JJiiti.di Columbia. "And for ft declaration of tho spiritual causes and matters in which tho aforesaid jurisdiction may be more especially exercised, we do by theses pres- ents further declare that tho afonssaid IJishop of IJrili-h Columbia, and his HUCCCKSors may exercise and enjoy full jiowcr and aullioiity by himself or themselves, or by the Arcluhjacon or Archdeacons, or tlie Vicar (ieneral, or other ollieer or olficers hereinaficr menlion'tMl, to give in.-titution to bcnelices, to grant lieen.^os to otliciate to all Hectors, Curates^ Ministers and Chaplains of all the Churches or Chapels, or other places within the said Diocc.^o wherein divine service shall bo ceUibrated according to the rites and liturgy of tho Church or' England, and to visit all Hectors, Curates, Ministers ai.d Cliaii- lains, and all I'riests and Deacons in II(dy Orders of tho United Church of Kngland and Ireland, resident within the said Diocese, as also to call before him or them, or before the Arclid(-acon or Archdeacons, or tho Vicar (jieiieral, or other oHicer or oilicers hereinafttir mentioned, at such conipetant days, iKUirs, and places, when and so often as to him or them shall scm most meet and convenient, the aforesaid liectors. Curates, Aliiiisters, Cliajdalns. I'riests, and Deacons, or any of th(!m, and tb en(piire as well concerning their morals or their behaviour in their said ofiioes and stations respectively, subject never- theless to such right of reviev/ and apjieal as are liercinufter given and reserved. "And for the bettor accomplishment of tho puriioses aforesaid wo do hereby grant and declare that tln^ said IJishop of British Columbia, and his successors, may found and constitute one or more; dignities in his Cathedral Church, and also one or more Archdeaconries within tlu; said Diocese, and may collate fit and proi)cr persons to be dignitaries of tlie Cathedral Church, and one cr more lit and proper jiersons to bo the Archdeacons of tho said Archdeaconi ie.-; respectively. "Provid('d alwaj's that such dignitaries and Archdeacons rdiall cxorciso such jurisdiction only as shall be committed to them by the said Bi;.-hop or his successors, and tho sad Bishop and his successors may also, from time t(» time, nominate and appoint iit and proper persons to bo respectively tho olUcers hereiiafler mentioned; that is to say to be Vicar Geni-ral, Ollicial Prin- cipal, llural Deans and Commissaries, eitlier general or si)eciai, and may also appoint one or more lit and proper persons to bo llegistrars and Actuaricss. " Provided always that the dignitaries and Archdeacons afun.-said shall bo subject and subordinate to the said Bishop of British Columbia and his successors, and shall be assisting to him and thorn in tho exorcise of his and their jurisdiction and functions. "And we will and declare that during a vacancy of the said Sec of British Columbia, by the demise of the Bishop theieof, or otherwise, the dig- nitaries and Archdeacons, and Vicar General, and other officers, respectively appointed as aforesaid, shall continue to exercis(>, so far as by law they may or can, tho jurisdiction and functions delegated to them, and that tho said ]legistrars and Acturaries shall resi)ectively continue to dischargo the duties whereunto they have been appointed, until a new liishop of the said See of British Columbia shall have been nominated and consecrated, and his arrival within tilt; limits of tho said Diocese shallliave boon notillod to the said parties respectively. "And wo further will and do by those presents declare and ordain that it shall bo lawful for any party against A\hom any judgment, decree, or sentence shall be pronounced by any of the said Archdeacons, or by tho Vicar General, or other oihcer or ofHeers of tho said Bishop, or his successors, to demand a re-examination and rciview of such judgment, o(\l toiho Archbishop of Canterbury, or his successor?, who nhftll lliially dooide and detcniiino tljo snid appoAl. •' Provided always that in any puch capo of appeal or review, notice of tho Intention of the party to make such appeal, or demand cueh nn'iew, shall be given to tho UiKhop, or puhordinnte judge, l)y whom the peiiU-nce appealed from, or to Im; reviewed, shall have been pronounced, within flfteeii days from the promulgation thereof. " And we do further by tlicsc presents ordain that in all cases in which an nppcal Hhall be made, or review deinand(;d, as ftfore^aid, a copy of the judg- ment, or sentence, in such case promulgatcid or given, slotting luilh the causes thereof, together with a copy of the evidence on which tho 'amo was founded, shall without delay be rcctiticd and transmitted by such subordinata judge to the said Bishop, or his successors, or by the said IJishop, or his successors, to to the said Archbishop of Canterbury, as the case may require." 3 "VVc article and object to you, tho said Edward Cridge, that you were and arc a Priest or Minister in Holy Orders of the Church of Englan of l^ritish Columbia, and tlmir succ essors in the said CiLthedml, mid did then and there betbre us swear on the Holy Evangelists that j'ou would pay true and Can- onical obedience to us and our successors. Bishop '>f British Columbia, in all things lawful and honest, and did also then and there before us subsci ibc tho several articles and things, copies of which are hereto annexed, and did then and there receive from us a certilicate of subscriptions and letters of collation, copies of which are hereto aimexed, although no freehold, benclice, property, or emolument is annexed to the said office, or does tho Dean hold any such, t. e. by virtue of such dignity. 5 Also we article and object to you, the said Edward Cridge, that having received from us on December 14th, 1872, a formal censure for the tlisturbanco of public worship, and for the violation of the 53d Canon, you, on Wednesday, tho 25th day of March now last, at a meeting called by you at the Presbyterian Church, in Pandora Street, did publicly and advisedly repudiate such censure jvnd admonition and set the same at naught, and justilied the acts which called for the censure and admonition, and j'ou did then and there in effect declare that you would act in the same way under similar circumstances, and that you did publish, or cause to be published, such addrtiss on or about tho 28th day of March last, wherefore you have been guilty of contempt and contumacy. 6 Also wo article and object to you, the said Edward Cridge, that you did fin the said 28th day of March last, publish, or cause to be published, tho following statement: — "When any attempt is made to defame my ministry, or intrude upon my office, which I have received in trust for the Church, as well as for my- self, I shall not hesitate, if I believe tho interests of religion require it, to give it to the light of day. ♦•I should r have published the Bishop's judgment, had I not pre- viously made my jest endeavours to convince him of what I conceived to bo its true character. »• I bring this, (tho censure), before you as an official act on the Bishop's 6. to m. )yteriaii coiisuro which in ert'ect ido upon for my- to give pnrt, find not n=! a por^onnl mnUor, tho m'\(\ Icltnr Imvinp hoon aonl lij* hitn (o ' t ») Clmrchwiirdi'n.'*, iiiid tln'n »''»i() virlimlly publi.-luid: wlmtl now Miy to you tljoroton! is in norno sonso inv Icfonco. " Tliu Iti'st a.i.-wcr I ( mi t^ive to lliis Ictti'r is to rcpcn*. in my prolcjit, nnw '< before yon, all llial 1 did sny. *! .stood up, as I !)cli«;vt;d, for my ma.>.ttr aiid my churcii, in dcftMU'i- of tho n\iiii>try whii'li liad hcon cntrustird to nic.' "In facllhiTo was no otlur way of (Ktaling with tliis otU'iiMvo disconriso. " It iH a wi'll umhTslood principlt; liiat when a nuxii's otUco, or Ins rij^ht, or his trust is in res(!nt, attacking the sermnu wbicli liad just been preached, your words being to tlui etlect that the principles it advocated wer(! contrary to the law of God in the ScriplurC; contrary to the law of Eng- land, and contrary to the Prayer I'.nok, causing a disturbance in tho Congregation, calling forth irreverent noises of stamping of feet and clapping of hands and vehement expressions, unbecoming tin; House (-f (Jod, piodue- iig distress amongst the properly disposed, .ncjer the eli'ect of which .-everal members of the Congregation hastily left the Churcli. We artifile and charge you that such conduct on j'our part was an inter- ruption of the due order, and an act of disturbance of public worship, und an otlencc contrary to the Ecclesiastical hiws as contained in Canons It and 18 and other Canons, and to the general Ecclesiastical Law, as witnessed in 5 and 0, Edward, VI, cap. 4, sec. 1., and other statutes in that behalf. [CANOX 14.] All Ministers likewise shall observe tho orders, rites, and ceremonies prc- Bcribed in the Book of Common Prayer, as well in reading tlie lloiy Scrijjtures and saying of prayers, as in administernig of tlie Hacrainents, witlioi'< <;itlier diminisliing in regard of preaching, or in any other respect, or adUtnt/ c jlktntf in the matter or form thereof. [CAXON 18,] In the time of Divine Service, and of every part thereof, all due reverence is to be used, for it is according to the Apostle's rule, "Let all things be dono decently and according to oi-der," answerable to which decency and order wo judge these our directions following, &c., &c. : None, either twin, woman or thild, of what calling soever, shall be otherwise at such times busied in tlui Ohurch, than in quiet attendance to hear, mark, and understand, &c.: Neither ^ !nill they disturb the service or sermon liy walking, or lulkmij, or any other toay, nor depart out of the Church during tho time c>f service or liermon without sonuj urgent or reasonable cause. [5 AND 6, EDWARB, VI, CAT'. 4, SKC. 1.] If any per.'on shall, by words only, quarrel, chide, or brawl in any Church or Churchyard, that then it shall be lawful unto the Ore/mar// of tins place .vhere tlio same ollencc shall bo done and jn'oved by two lawful witnesses, to 6. impend emry person ko ofrciidlnrr, nnd if lin Ik. a clorlc, from llio miiiislrnlion of his ofTico for mi lonc^ a time as llio Pud (^nlinnry shall, l)y his discrclion, tliink nioct aiK. oonvoiii(!iit acfonliii/,' to Aw. luult. 8 "Wiiercas our privato admonition and consnro, whicli wo admini.-tcrod to you on the 14tli of Dooonibcr, 1872, liai-' bofii of non-otlcct, and lias boon troat- ol hy you with contempt, wo aiiiclo nnd object to yo!i, Edward Cridgo, tliat that you _ on the 5th day of Decoinbcr, 1872, in Clirist Cliurcli Cathodi'ai, -lid nftm(!iy of imrposc impi,;^n aimI confute tbo dootrino "wliitdi bad just bo(-n de- livered irt a sermon in tlie same Cluircb," l)y tbo R(!v. S. VV. Koeco, that you did name the proaob.or by name and did say in effect, or in the words hero quoted, that tlie pr'-ioiplos advocated in sucli sermon were contrary to tlu; law of God '.n the Scripiures, contrary to the law of England, and cor.tvary lo tlio Prayer Hook, causing l)y «ucb pultlic dissenting, and contradicting much of- fence ar.d disquiotness unto the Bisliops, Clergy, r.nd people there assemljled, all which your conduct wo articb; and object to, as biing in contravention of the 53d Canon, and tbereforc a grave Ectdesiastical olfonce, and contrai-y to the b and G Edward VI, bcluUf. c. 4. s. 1., and otlicr statutes and Canons in that [OAKOJ^ 53.] "If any preacher shall, in the pulpit particularly, or namely of purpose^ impugn or confute any doctrine delivered hy any other preacher ii. the same Church. or in any Church near adjoining, bcfor.' lie bath accpiaintcd tlio IJisbop of the Diocese therewith, and received order from bim wbat to do in that case, be- cause ujion such public dissenting and contradicting there may groio much offence and dixquielness unto the people^ the CInncb wardens or party grieved, sha'l forthwith signify the same to tlie IJisbop and not suffer the same preacher any more to occupy that plarn wh\{;]\]\Q Imth once abused, except he faith fury promise to forbear all such matter of eon ntion in the Church, «S:c." 9 We also article and object to you, t.ie said EiwarJ Cridgc, that you, on cr aboat the 12'h di\y ot February, and 23 1 ot Marcb l^st, having received from U3 as your Bishop, letters requesting you to expbiia certain statements made and published >)y you in tbe uewspapi^rs cf this Province, particularly on January lOih, 1874, touching coruiin Ecclesiastical matters, you havo neglected and refused to render such explanations, copies of which letters are hereto annexed, or referred to, by which conduct you have set at naught our Episcopal olTice in the lawful exercise of enforcing obedie.ice to the laws Ecclesiastic.-.l, which laws, for instance, Canons 4, 5, G, 7, 3G, 37, 51 and others, require conformity in teaching with the articles, prayer book 'nri in tliat me C!nirc/iy diop of the t ca.<", ])C- groiv much ly grieved, mc preacher .". faith fai'i/ at you, on Qg received statements articubirly you have ieltcrg are aught our the lf\w3 at, El and book 'ind c. 2, and lictvl laws lure from tlie linhop he mailer, n 1. . you iign 'd eclaration tements in stitution of ttiiu letter ol January uary 22nd, tilso in a pubLishcd I. and tho li charge " • hing faacin- one visible iitFurd the 'vantir,<). It its I Uimale (rntlcnri/ aflcr ar/rs of trial, vinij Ic Icnrned from ihc rrformallcn, and from the last Ecumenical CouncU. The truditioua! traces of it, unhappily are not yet blotied out, in our body nor its nieraory from the minds of those who oq account of prelacy, more than any other thing, left us." Letter of January Oih, 1874. •' Tho sword always hanging over ft Pastor'p head." Vnd. •• Tho shadow even of a Bislio[) strikes ono with dread." ibid. I no longer wonder when I look back to the cradle of dissent, a ministry carried on under, or by the side of such a power, must become a ministry of horror and aTcraion, rawher tban of love. This is not irony but truth, ibid. •'Tho institution of Bishops which, wiien carried oat according to its original, is a hles'^ing in iho (Jhurcu, has on traditionary principles been e^er produclive of perplexity and strife, and whal is far more deplorable, destructive of charily, and tolerance, There is not a country of Christen- dom which, even while I write is not aQordiog prcgnact and numerous ezatnpies of this fact, ECCENTRIC. • The Synod, however, in order to make tho Bishop's claim effective, muFt give him a footing in congregations as well as a seat on the throne. The Cl3urchvv,.rden3 must bo declared to be the bishop's oflicers, to be tho Bishop's spies, and the ra'aisiei who was conscious of the ecoentricty of moving in another orbit, than round the Bishop, to dread their approach as familiars of the inquisition." EXPECTANS. We article and object to you, Edward Cridge, that the 'statemeotB contained in tho foregoing articles are derogatory of the institution of Episcopacy, as set forth in the pr..yer book anil ordinal, tho VII Canon, and in contravertion of the 3Gth Canon, which youjhave subscribed, and of your ordination vow, for instance: Preface to the ordinal. '•It is evident unto all men diligently reading tho Holy Scriptures, and ancient authors that from the Apostles tim s, there havo benn these orders of Mir i3tre3 in Christ Chnrch, Bishops, Priests and Deacons, Ac,. «fcc. And there- fore to the intent that these orders ?« iliat tho rolatioi of tho Bishop to yourself and of the Bishop to tho ('hurchwardsns, had entirely changed duJ.ug the lust tew days, thureby iu;plviug tbut in your opiaioa we 8. ' woro DO Innpcr jour lawful Bishop, or entitlnd to your obedience in things liiw fill Hnil lionrst, wliicli letter of tbe 2ntl of July, and aiao a statemeiit read I by you. Ml y 3rd, 1874, to ug,are annexed hereto. , 13 Also, we niticle and object to you, the said Edward Cridge, that on or \ about the 3rd day of July Ir.st, when we visited our Cathedral in pursuance of a notice to yj;u and the Churchwardens, you did conlumaceously refuse to i hnswer questions put to you by us tonchinp; and concerning the property of the anid Cathedral, and other matters, and did obstruct and reader void and 1 of no effect our said visitation. I 14 We also article and object to you, the said Edward Cridge, that on the 3rd day of July last, when we visited onr said Cathedrdl, and required from ■ yon the production of the Registers of Baptisms, Marriages, and Burials, s And which have always hitherio been in your custody and control, and have ', nlwi.ys been produced by you on all former visitations, you did neglect and ; refuse to produce the same. I 15 Also, wo articl? and object to yon, the said Edward Cridgo, that on the 3rd of July, when we attended to visit our said Cathrdral, you read a paper •, or protest to us with vehement emphasis and insulting tones and looks, and . when we asked you to be shown the coods of the Cliurch, you said, •' Tbe >; Church is open, see for yourself," and when asked by us for the CommaDicn ■ plate, you said, " Ask those who have tbe care of it, don't ask ma." And ; on further questions being put to you by us, touching and concerning the goods and property of tbe Church, you said, " I refer you to the last par: of ; my letter," which is the paper or protest before mentioned, and which is in the following words: " I beg to be excused from answering questions, and ' that what the Bishop has to say to me, he will put in writing." Aud that you did there and then use many other improper and insulting expressions, and did neglect to produce any of the articles asked for by us, or to answer nny question we put to you, whereby you have contiavened the vow yoo made at your ordination, yonr oath of canonical obedience, and have repudiated and ignored our authority, and have refused to render us that. obedience which is necessary for the proper management and control of the . affairs of the Church in our Diocese, 16 All which conduct in respect of our lawful visitation as exhibited above in the foregoing articles, that is to say, in 11, 12, 13, 14, 15, we article and object to you as constituting ecclesiastical offences as well against our office and authority as ordinary, as against Canons 42, 60, 111, 116 119, 121, 137, which assume the lawfulness of Episcopal visitation and against also the Imperial Statutes, 1, ELIZ., c. 2., e, XXIII. And 2 and 3 VICT. c. 65, s, IV, which assert the legality of the same, and represent the common law and costom of the Church of England. 17 And we also article and object to you, the said Edward Cridge^ that you, the said Edward Cridge, have from time to time questioned our author. i ty over you, and the Church wherein you minister, and our right to preach and minister in our Cathedral, and have peisistently endeavoured to depre- ciate our odice, in support 'thereof we refer to the several letters written by you to us, which said letters and our replies thereto, we make part of these our 'irticles against you. 18 And we also artiv,'e and object to you, the said Edward Cridge, that all and singular, tiie premises were and pre true public r.nd notorious, of which proof being mad? to us and our Court, we will that you, Edward Cridge, be duly and canoncally punished and corrected, according to tbe exegencj of the law. LICENSE REFERRED TO IN ARTICLE 3. George, by Divine VPrmission, Bijhop of Columbia, to our beloved in ■Christ, Edward Cridge, Greeting: We do by these presents give and grant unto you in whoso fidelity, morals, learning, sound doctrine and diligence, we do fully confide, our license and authority to perform the office of Min- ister in Christ Church, Victoria, within our Diocese, and jurisdiction in performing all ecclesiastical duties belonging to the said oiTico, acoordieif to iho form prescribed in the book of common prayer, and not otherwise, you 9. baving just before tno subscribed tbo articles, taken the oaths, aod maile Rod subscribed the declr.ration, and ws do by the presents authorize you to receive and enjoy, all and siLgular stipend profits and advantages belonging to said office. In witness, etc., fttc. OATn REFERRED TO IN ARTICLE 3. I, Eaward Cridgo, do swear that I will pay true and canoncal obedience to George, lord Bishop of British Colnmbia, in all things lawful and honest. So help me God. DECLARATION REFERRED TO IN ARTICLE 4. Vth Dec. 1865. I, Edward Cridge, now to bo instituted to the Deanery of Christ Church, Victoria, in the Diocese of British Columbia, do declare that I will ccnfrotn to the liturgy of the Church of England, as it is now by law established, and further I do willingly and ox animo subscribe to the three artisles in the 36th Canon, and to all things that are contained in them. Witness my hand, This seventh day of December, in the year of Our Lord, 18C5. EDWARD CRIDGE. LETTERS OF COLLATION REFERRED TO IN ARTICLE 4. George, by Divine permission, Bishop of British Columbia, to our well beloved in Christ, Edward Cridge, health, grace and benediction, • We do by these presents collate, constitute and appoint you to bo Deaa of the Deanery of Christ Church, Victoria, within our Diocese of British Columbia, to our donation or collation in full right belonging, and we do hereby confer on you the same, n.nd by these presents do canonically institute you in and to the said dignity and Deanery of Christ Church, Vic- toria, and do invest j'oh with all and singular, the rights, members, privileges and appurtcances thereunto belonging, you having first before us taken the oaths, and made and subscribec? the declaration which are in this case required, and we do by these presents assign and appoint unto you the place, chair and seal, of tho said Deanery of Christ Church, Victoria, witbia our Cathedral Church, saving always to ourselves our Episcopal rights in the said Cathedral, In testimony whereof, we have caused our Episcopal seal to be hereunto cffixed. Dated the seventh day of December, One thousand eight hundred aid eixty five, and of our consecration the seventh. G. [L. S.J COLUMBIA. CERTIFICATE OF SUBSCRIPTION AND OATHS REFERRED TO IN 4rn ARTICLE. To all Christian people to whom these presents shall come or in any wise concern, George, by Divine peimission, Bishop of British Columbia, sendeth greeing : Bo it known unto you that on the day of the date hereof, Edward Cridge, B. A. to be collated and instituted to the dignity and Deanery of Christ Church, Victoria, within our Diocese and jurisdiction of British Columbia, did before his collntlon thento persontilly appear before us and subscribe to the articles in the thirty-sixth of the Ecclesiastical Canons inada in the year of Our Lord, One IhouBand six hundred and three, and to all things that are contained iu thcra, and did at the same time on ihe Holj Evangelists, svvoar that he would bo faithful and bear true allegiance to her Majesty, Quceu Victoria, and that he renounced »<.ll foreign jurisdictions, power, sopcriorily pic-oaiiucncc coclesiAatical or spiritual, within her 10. Majesty's i .aim, pursuant to an Act of Parliament made and publiihcd to that effect, and further tliat he had not directly or 'ndiiectijr obtained or procnrcd Ihb said dignity or Deanery by any simoniacal payment or con'.'act whatsoever. And that ho would pay true and cunonical obedience to us and our successors. Bishop of Hritish Columbia, in all things lawful and honest. In testim-^ny whereof, we have caused our seal to be hereunto affixed, ')ated iiio seventh day of December, in the year of our Lord, One thousand eight hundred and sixty-live, and of our consecration the seventh. Q. [L. S.] COLUMBIA. LETTERS REFERRED TO IN ARTICLE 9. [I2th February, 1874, letter from the Bishop to the Dean.] Bisuop's Close, iMarch 23rd, 1874. Dear Mr. Cridge, It is nearly six weeks since I required from yos an explanation respect- ing certain statements opposed to the principles of the Church of England, published by you in the local papers. In u note dated Fbbruary 14th, you excused yourself from replying at once, formally, on accoui.t of press of work at that time. I must now require an immediate attention to my letter. I am, faithfully yours, G. COLUMBIA. LETTER REFERRED TO IN ARTICLE 11. Bishop's Close, May 25th, 1874. My dear sir, 1 have not received your return to the articles of enqu'ry for 1873, sent you in February last. I must request your replies without delay. Faithfully yours, G. COLUMBIA. Very Rev. Dean Cridge. LETTERS REFERRED TO IN ARTICLE 12. Victoria, B, C, July 2nd. 1874. My Lord Bishop, I bare conferred with Mr. Williams, the other Churchwarden, and pending the result of a memorial to his Excellency, the Governor-General of Canada, a copy of which we forward to the Archbishop of Canterbury. We, the Churchwardens, most respectfully decline to receive the visit of your Lordship. In the address headed " Diocesan Synod," and signed *• G. Columbia," tlie authorship of which you do not deny, but our right to interrogate yoa upon which, you, through Mr. Drake, question, you nppoar to us to have seceded from the Church of England. If you have done so, you cease to be a Bishop of the Church of England, to which we, the Churchwardera of Christ Church, -belong; if you have not seceded from the Church of England in convening a Court of Convocation and Holy ISynod, without the assent of the Queen, you have assumed a greater power than that possi s?cd by tho Archbishop of Canterbury, and we think, havn encroached upon the prerog- ative of the Crown, to which ia, we believe, a misdemeanour. I had been Churchwarden of Christ Church, several years before your arrival in Vancouver Island, and after nearly ten years service in that capacity, resigned my office, principally for the following reasons: When you said you would stop up the Roman Catholic approach to the cemetery, I expostulated with you without eiT'ect. You persisted, and the consequence was an action at law, in which you were defeated, and the costs of which, some $600 or $800, I believe, you, as trustee of the Church Reserve, charged against Mr. Cridgo's lucome from that source. 11. nbliihcd to ibtiiined or or con*:act e to us and ind honest. affizod. Lord, One he seventh. [MBIA. 1874. ion reBpccl- )f England, ry 14tb, you of press of ition to my UMBIA. 1874. or 1873, sent r, UMBIA. id. 1874. warden, and )r-General of rbury. ivo the visit Columbia," errogftte yoa U3 to have cease to be a erg of Chr'st lOnfrland in he a!!sent of s=cd by tho the prerog- s before your vice in that sons: When e cemetery, I consequence its of whicli, reh Reserve, When you slated to Mr. Sheppord and myself, as Chnrchwnrdens, that it was your intention to remove the Church to the plot of ground fenced off lor that purpose, and adjoining your Lordship's palace. (?) I strongly objected, notwithstanding a road running through tbe edifice, was placed upon tho official map of the Church reserve, and I believe it still remains there. I would gladly have coniini>ed to avail myself of tho C'?8«ation from from care and anxiety which 1 have enjoyed since my resignation of the office of Churchwarden, now some eight or nine years, but recent events in the Church, call every friend of hers to the assistance and support of one of her most devoted and excellent ministers, our much esteemed, our long and greatly respected Pastor, Mr, Cridge. In conclusion, supposing your visitation to bo in the nature of aa Ecclesiasiical Court, if not under liceuse from tho Queen as head of tho Htato to which in your tSynodical address you say you owe no allegiance permit us the Churchwardens, to ask under what authority do you hold a Court of Viditalioo. I remain, my Lord Bishop, Your very obedient sevant, A. F. PEilBERTON. For the Churchwardens of Christ Church. LETTER OF 3rd JULY REFERRED TO IN ARTICLE 12. To the Right Reverend Bishop Hills, D. D, I, the undersigned, though concurring in opinion with the Churchwar- dens as to the illegality of your proceedings in suudry maltors, affecting the Church under the name of a Bishop of tbe Church of Enj^Jand, do ncverihe- less, for peace and courtesy sake, and not through any diversity ot opinion with them, open the Church on tho present occasion. At the same time, I hereby make my respectful and solemn protest as against former acts of your pdministration so against these, viz., Grstyour endeavoring in what I believe to be an illegal manner to draw myself and congregation against our will, away from the protection of the law, under which we at preoent stand, io como under a law other than that of tho Church of England. Thereby introducing discord and division into a hitherto peacelul congregration, and causing grief and great hindrance to myself, both in the discbarge of ray ministry, and iiuthe enjoyment of my , legal rights. And secondly, in this, that notwithstauding my repeated ' remonstrances, you have p_eracverod in preaching to my c on gregation in con - nection with t^ie 8yn(jdic.:il tt^ff vnrnont., dao.trinns whjcll you know to be < ; iffon.qiva to me, as being in the consoipntious persuasion ot my own m-nd • contrary to tho Scripture and the Churcli, a oour.-o tendint? only liuit I liavo felt it my duty to re,«ist the tonptation to provoke polemical strife. And I also declare tn.ut ■■vhat I pay and do in coiiiicclion witli the present occa.-ion is said or done without prejudice to my own rights or inivil(;ge.*, wliich by or un- der the la iv I possess, as also to those of tho Churchwardens as appertaining ^ to them by virtue of their office. E. CRIDGE, Victoria, B. C, 3d July, 1874. Incumbent of Christ Church. I am also coiistrained to add that in tho absence of tho Churchwardens, , and of any other friend, witness or adviser, not bomg able, through wearines.'., to obtain one in time for tho present occasion, I beg to be excused from answering questions, and that wliat tho Bishop has to say to me ho will put in . writing. E. C. LETTERS EEFEIIRED TO IN ARTICLE 17. July 28th, 1873.— Letter from the Bishop to the Very Rev. E. Cridge. •' " from the Very Rev. E, Cridge to tho Bishop. July 20tb, «« " Bishop to the Very Rev. E. Cridge. Aug. 18th, " «' Very Rev. E. Cridge to tlio Uishop. " 27th, " «« Bishop to tjie Vcryjiev. E. Cridge. 12 lliii Very JI2V. E. Cridgo to the Bishop. IJishop to the Very Rev. E. Cridgo, Very Rev, E. Cridgo to the Biyhop. Bishop to the Very Rev. E. Cridge. Very Rev. E. Cridge to the Bishop. Bishop to the Very Rev. E. Cridge. Very Rev. E. Cridgo to the Bishop. Bishop to the Very Rev. E, Cridge. Very Rev. E. Cridge to the Bishop. Bishop to the Very Rev. E. Cridge. Very Rev. E. Cridge to the Bishop. Bishop to the Very Rev. E. Cridge. And all other letters which have been written and scut by the said Edward Cridge to the Bishop, and in support of all the Articles the following letters will be referred to: Dec. 7lh, 18'72. — Lottor from the Bishop to the Very Rev. E. Cridge. Very Rev. E. Cridge to the Bishop. Bishop to the Very Rev. E. Cridge, Very Rev. E Cridge to the Bishop. Sept. 3d, i( 11 " 8th, (1 II «• 17th, it II «« 22d, II II Oct. 14th, (t II *• 18th, ti II •« 27th, CI II Nov. let. li II «« 25tb, (1 II Dec. 1st, II II •« 16th, II II " 26th, it II II (I 11 ishop. Jridge. tisbop. Jridge. id Edward Dg letters ridge, isbop. ridge, isbop. ridge. ishop. bridge, (ishop. bridge, Hsbop. >idge. [3] Victoria, V. I., Sipt. 7lb, 1871. ishop. ;ridge. ishop. ridge. isbop. bridge. ishop, Jridge. isbop. loaist. e Editor of Standard. a (( 'ridge. (isbop. HE REV. Iho Rev. K. The Very Reverend Dean Cridgi*, Dear Sir : I have the honor *o inform yoa that at tbo hearing on the lOtb inst., at Pandora Street Church, of the clitirged set forth against you in the Articles dated on or about the a7th day of Aujiust last, it will bo contanded that the articles and the proof thereof ulTord sutlicieut ground to justify the revocation of your license to preach and ollici.ite as set forth in the said articles and otherwise, and the suspension of you, the said E. Cridge and other, the censures of the Cliurch. I am, yours tailblully, M. W. T. Drake, Registar, by Robert E. Jackson, his Attorney, HEADS OF PROTEST. Soptombor lOtb, 1874. Tho Doan protected that ho appeared before the Bishop ns Bishoi), and so far as ho is lawfully Bisiiop, and as dudge of an Ecclesiastical Court, that is a Court of lega'. or conipolent jurisdicliun; i.either tho Li'tters Patent, nor the consensual compact supposed to exist between the Dean and the Bishop, through tho oath of canonical obedience, being clfectual of thcuiselves tocrcato such jurisdiei ion. Tho Dean protested fui-ther against the jurisdiction of this court, on tho ground that it may hereaft(!r ]m deciilcd Unit the contract reft-rred U) is dis- solved by reason of the Bishop having seceded from tlie Church of England, and referred ti) published address on Diocesan Synod by the Bishoii, tlated February 25tl', IH74: "Though a vol unta.y body, etc.;" and last resolution in same; Avhcreby tho supremacy of the (^ueen is virtually impugned. The Dean protested on the ground that the Bishop was an interested party, having, as it would appi>ar by the trust deed, the next preferment; this being contrary to the Cburcii Discipline Act. That the Dean is not a mem- ber of a church disconnected with tho State, but of one of which tlie (^ueen is Head, byth in Church and State; aiul it jnay be found that tlie Bishop, through the above Act, is not the Bishop to wliom tho Dean promised canon- ical obedience. The above are the heads of protests as delivered by mo, Sei)t. J/^+h, 1874. E. CRJDGE. [5.] Soptombor nth, 1874. My Lord Bishop and Gentlemen Assessors: I have an application to make to the Court, it is that you will permit mo to read a statement by way of protest, I obji^ct to the fornnition of this Court and deny its competency to sit in judgment upon me, on tlu^ following grounds: 1. — Tho Bishop, who is promoter of this prosecution, in his letter of tho 14th July, 1874, accuses me of havnig committed one olfence, namely, that wliich occurred us asserted at his visitation on the 3d July last, and threatened to initiate proceedings again*t me if I did not acknowledge my fault. Not being conscious of having committed any olfence, I made no re- l)ly. Hence the proceedings now instituted, amounting to eighteen articles for alleged alienees committed during a period of nearly two years. I consider this action on the part of the Bishop oi>i»r(>ssivo. 2. — There is an anomaly and inconsistency running through P"- whole of t^is prosecution, namely, that there is apparently one law for the Bishop and another for the Rector. As an example take tho 30th Canon, wliich has been extracted from the code of laws and made part of the articles against me. The Canon consists of three subdivisions. 1. — The oath of Supremacy of the Queen as Head of tho Church in all Her Dominions. N!! 14. 2. — Tliat the Book of Common Pmycr nntl Onloring of Bibhops, Priests and L)eacon.s, conUiinH noUiing contrary lo tho word of God. 3. — That tho ;jy Articles of llolij,'ion arc agrwablo to tho word of Gad. Both tho Bi-lioj) and I have taken this oatli at Ordination. Yet tho Bishop has impugned tho Supremacy of tho Queen in his puhlislied address on tlie Synod, and in ]m letter to tho Churchwardens, wherein ho assorts that it ia lawful for hini to summon a Synod without tho consent of llor Majesty, thus claiming a power superior to that of tho Archbishop of Canterbury, to wliom ho has sworn Canonical obedience. Here is a double example of imperium in imperiOj viz.; Tho Bishop's de- nial Oi tho Supremacy of the Queen, and setting at naught his oath of obedience to tho Archbishopj under whose authority he is supposed to act. Tho Bishop m his opening address stated that the proceedings in this Court would bo in conformity to the English Church Discipline Act, 3 and 4 Vict. That act requires that one of tho Assessors shall bo learned in law, and I object to the formation of tho Court in this respect. I object to Mr. O'Keilly as a legal ./Vssessor for tho following reason: When Mr. O'lieilly camo to this Colony, ho applied to Mr. Pemberton for instruction as to his duty as a Magistrate, presenting a letter of introduc- tion from the then Ct)lonial Secretary, Mr. Youngj and I am informed and believe that Mr. O'lieilly was engaged in tho Excise Department in Ireland before ho camo to Vancouver Island. I applied yesterday for time to consider Iho legal points raised by Mr. McCrcight, and was told by the Court that owing to other duties devolving upon the members who compose this Court, as Assessors, it wa^ impossible to grant my request. I am thus deprived of opportunity to defend myself effectively. On these grounds, and others which I laid before the Court yesterday, I object and ' •otcst against being tried before this Tribunal. E. CRIDGE. [0.] Date, January 12Ui, 1859. VICTORIA by tho Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of tho Faith: To all to whom thoso presents shall come, Greeting: Whereas, the doctrine and discipline of the United Church of England and Ireland are professed and observed by many of our loving subjects, resi- dent within our Colonies or Territories of British Columbia and Vancouver Island, respectively, as each of the same is at present established, and wherca* our said subjects are deprived of some of the offices prescribed by tho Liturgy and Usage of the Church aforesaid, by reason that_ there is not a Bishop residing or exercising jurisdiction and canonical functions within tho Bame. . i -, ^ And whereas for remedy of tho aforesaid inconveniences we havo deter- mined to erect our said Colonies or Territories of British Columbia and Vancouver Island into a Bishop's See or Diocese, to bo styled "Tho Bishop- ric of British Columbia." Now knywye thatin pursuance of sucli our Royal intention, we, by these, our Letters Patent, under tho Great Seal of Our United Kingdom of Greet Britain and Ireland, do erect, found, make, ordain and constitute our said Colony or Territory of British Columbia, as at present established, and our said Colony or Territory of Vancouver Island, as at pres- ent established, into a Bishop's See or Diocese, and do declare and ordain that the same shall be styled "Tho Bishopric of British Columbia," saying nevertheless unto us, our heirs, and successors, the power of altering from time to time, with tho consent of the A rchbishop of Canterbury, for the time being, if the said Seo be vacant, or otherwise, of tho Biphop of the said Sec for the time being, tho limits of the said Diocese, or of tho jurisdiction of tho Bishop thereof. Ill- 15. >3, Priests of God. Yet tho ;(1 address ,sscrt9 thfit r Majesty, Lcrbury, to ishop's de- f obedicnco ings in this ct, 3 and 4 in law, and. )ject to Mr. Fcmbcrton jf introduc- formod and t in Ireland ,ised by Mr. 38 devolving mpossiblo to yesterday, XIDGE. ,h, 1859. om of Great of England mbjccts, rcsi- (l Vancouver and wherea* ■ibcd by tbo Ihero is not a Ins within tho Ire have detcr- (oUimbia and I The Birihop- Ich our Koyal [ Seal of Our [make, ordain Ij as at present Ll, as at prss- Ire and ordain jibia," saving [ng from time lo time being, [id Sec for the 1 of the Bishop And to tho end that this our intention may ho carried into duo oflecl. wo, having great conddeiKO in tin; learning morals and i>n)l)ity of our well be- loved George llilis, Doctor of JJivinHy, do name and appoint hini to bo ordained and consecratod Bishop of the said So»» of British Columbia. And we do hereby signify to the Most Kevorened Father in God, John Bird, by Divine Providence Lord Arohbisl op of Canterbury, Primate of all England and Metropolitan, the erection and constitution of the said See and Diocese, and our nomination of the said George Ililis, recpiiring and by tho faith and love whereby he is bound imto us, conunanding the said jVIost Reverend Father in God to ordain and consecrate tho said Gcorg*; Hills to bo Bishop of the said See and Diocese in manner accustomed, and diligently to do and perform all other things appertaining to his otiicc in this behalf •with elfoct. And wo do ordain and declare that the said George Hills, so by us nominated and appointed, after having been ordained and consecrated thoreui\to as afore- said, may, by virtue of such appointment and consecration, enter into and possess tho said Bishop's See as Bishop thereof, without lot or impediment from us, our heirs and successors, for tho term Oi. his .wral life, subject nevertheless to the right of resignation, hereinafter more particularly expressed. Moreover, we will and grant by these presents, that the eaid Bishop of British Columbia, shall be a body corporate, and so ordain, make and cod« stitate biiB to be a perpetual corporation, and to have perpetual successioa and that be and his successors be for ivor hereafter called or known by tha name or title of the '*Lord Bishop of British Columbia." And that he and his successors by the name and title aforesaid, shall bo able and capable ia the law and have full power to purchasi-, have, take, hold and enjoy, manors, messuages, lauds, rents, tenaments, annuinities, and hereditaments, of what naturw or kind soever in fee or inperpetuily, or for a term of life or years, and also all manner of goods, chattels and things personal whutsoever, of what nature or value soever. And that ho and his successors, by and uuder tha said name or title, may prosecute, claim, plead, and be impleaded, defend, and be defended, answer, and be answered, in all manner of courts of us, our heirs and successors, and elsewhere in, and upon all, and singular causes, actions, suits, writs and demands, real and personal, and mixed, as well spiritual as temporal, and in all other things, causes and matters whatsoever, and that the said Bishop of British Columbia, and his successors, shall, and may forever hereafter, have and use a corporate seal, and tho said seal from time to time, at his and their will and pleasure, break, change, alter or maka anew, as he or they shall deem expedient. And, we do further by theso presents ordaia, that it shall be competent to the Bishop from time to time, to select any suitable church already erect- ed or which may hereafter be erected within the limits of the said Bisopric or Diocese to be used as his Cathedral Church. And we further ordain and declare, that the said Bishop of Briti?h Columbia, and his successors, shall bo subject and suborinate to the Arch- bishop of Canterbury and his succ«ssor3. And we do further will and ordain, that every Bishop of British Colum- bia shall take an oath of obedience to the Archbishop of Canterbury, for tho time being, as his Metropolitan, which oath shall and may be ministere dby the said Archbishop or by any other person by him duly appointed or authoriz- ed for that purpose. And we do further by these presents, expressly declare that the said Bishop of British Columbia, and also his successors, having been respectively by us, our heirs, named and appointed, and by the said Archbishop of Canterbury, canonically ordained and consecrated, according to the form of the united Church of England and Ireland, may perform all the functions peculiar and appropriate to the otSce of B.shop, within the said Diocese of British Columbia. And, for a declaration of the spiritual causes and matters, in which the aforesaid jurisdiction may be more specially exercised, we do by these presents, further declare that the aforesaid Bishop of British Columbia and his Buccessors, may exerciao and enjoy full power aud authority by himeclf, Vk I or llicmsclves, or by llic Arrlidoficon, or ArclulcncoriB, or the Vicar-general or other odicer, or ofliccrs, horcinnfipr mentioned, to give inatitution to bencficfS, lo (irint licenses to olliciiti', to nil Uectors, Curates, iMinistera, and Ohiiplaina, of nil tlie chnrcheH or clmpels, or otiier places within the said Dioceae wherein Divine .Service aliall be cclebnited accordinp lo the rites And liturfty of the Chnrch of Knglnnd, and to visit all liectora, CurateSi Ministers and Clinplnin?, and nil I'ries's and Pcacons in Holy Orders of the Dnitcd Church of Kiiglitnd and Ireland, rcHidenl within said Diocese, as also to cull before him or them, or before the Arilnl-acou or Archdencona, or the Vicar-penerrtl, or other odicer orodicers bereiatiftfr mentioned, at such com- petent days, hours and placen, when, id so often as to him, or them, ahull Beem meet and convenient, the aforcgnid Hectors, Curates, Ministers, Chap- lains, Priests and Deacon?, or any of them and to enquire as well concerninif their morals as their behaviour in the*r sfiid oRioea and staiions respectively Bubject nevertheless to such right of review and appeal as are herciDufter given and reserved. And for the better accomplishment of the purposes aforesaid, wo do hereby grant and declare that the said Mishop of Hriiisli Columbia and hia successors mny found and constitute one or more dignities in bis Cathedral Church, and also one or more Arclideaconries within the said Uioceso, and may collate fit and proper persons to be dignitaries of the Cathedral Church and one or more lit and proper persons to be the Archdeacons of the iaid Archdeaconries respectively, provided always, that such dignitaries and archdeacons shall exercise such jusisdiclion only as shall be coutoiilted to them by the said Bishop or his successors. And the said liishop and his successors, may also from lime lo time uomiuale and appoint Jit and proper persons, to be respectively the odicera hereiiialter mentioned, that is to say, to be Vicar-tJencnil, (>friciil I'lincipal, Uuml Deans, uud Commissaries, either general or special, and may also appoint one or more ill and proper persona to be Registrars and Actuaries. Provided always, that the Dignitaries and Archdeacons aforesaid, shall be subject and subordinate to the said Bishop of British Columbia, and his successors, and shall be assisting to him and them in the exercise of his and their jurisdiction and functions. And we will and declare, that during a vacancy of the said See of British Columbia, tjy the demise of the Bishop thereof or otherwise tho Dignita' ''^s, and Archdeacons, and Vicar General, and other odicers respect- ively, appointed as aforesaid, shall continue to exercise so tar as by law, they may or can, the jurisdiction and functions, delegated to them, and that the said Registrars and Actuaries, shall respectively continue to discharge the duties whereunto they have been appointed, until a new Bishop of the said See cf British Columbia shall have been nominated and consecrated, and tiis r.rriral within the limits of the said Diocese shall have been notified to the said parties respectively. And we further will, and do by these presents declare and ordain, that it shall be lawful for any party, against whom any judgement, decree or sentence, shall be pronounced by any of the said Arclideacons, or by the Vicar-General, or other odicer or odicers, of the said liishop or his successors to demand a reexamination and review of such Judgement, dt-creo or sentence, before the ITishopor his successors in peson, who, upon such demand made, shall take cognizance thereof, and shall have full power and authority to afBrm, reverse, or alter, the said judgement, sentence, or decree. And if any party shall con.^ider himself aggrieved by any judgment, decree, or sen- tence, pronounced by the said Bishop of British Columbia or his successora either in -jase of such review or in any cause originally instituted before the said Bishop cr his successors, it shall be lawful for the said party to appeal to the Archbishop of Canterbury or his successors, who shall finally decide and determine the said appeals. Provided always, that in any such case of appeal or review, notice of the intention of the party to make such appeal or demand, such review shall be given to the Biahop or subordinate jud^e, by wboai the sentence appealed f ^ 17. from, or to bp rpvirwed, 8lmll liaTo been prononnccil within fifteen days from llie pronmlffiiiion thereof. And we do fi.rtlipr liy tlio^o prcsenls ordain that in all crscs In wliicli i\n appeal shall he ciadc, or review demanded as aforesaid, a copy of Iho judfr* nienl or sentence in such case promulpaled or given, pelting forth the canscs thereof, togetlier with acopy of thj evidence on wliich the same wa8 founded, ahull, witliout delay, be rectified and transmitted by snch subordinate Jud|;o to the said IHshop or his successors, or by the a:»id l)isws tiiaL tho rules passed for each an assondjly as I have describe^ (unless in themselves conti'ury to law) arc binding, not indeed on all j)rufesscd nn.'mburs of the church over whom tlu; L>isliop has biien ii|)pointed to preside, but on all tliose who expressly, or by implicatit)ii, have assentt:d to thfse rules. So long, therefore, as the action of the Synod ih conlliicd within these limits, I shuuld wi.di you to rccogidxe it ullicially-— to lieat it a,-: being what it f; [ I 18. viiiually iri, Iho n-prosontiUlvcof Uio AnKlicuu Church, nnd to phioo nl itn ili^:- poKiil, without iiKiuirinf? into its iiitoninl ri-hUioiis or di>«i»,jfrccin«'ut>, tlic fulul^ •wliich jnny ho voted from tinio to tiiuu by tho Icgishiturti iu aid of the AiikH- can Coiiuiiuniun. For the i»ro.HOUl, however, I have in^tructcid you not to "tftko offlrinl cog- nizance" of thn Acts of the Assciiiihly "until steps liuve boon tal««n to clear it from the imputation of ille^'ality, whieh at present uttaehe.H to it." "When 1 gave 3'ou these instructions 1 supposed that tho JJisliop eould havo little rcMil ditllculty in ascertaining how far the proceedings of the Synod had violated, or had appeared to violate, the jirineiplcs laid down hy the Court of Appeal, and 1 hoped, (as indec;d 1 still hope), that the memhers of the Church of England woulcl \m wise enough to cancc^l all such procec^d- ing.M, and hy ho doing to i)lac e their institutions on a footing whieh woulil enable the OovcjrnmcMit to counteminee them, and to abandon a ponition whieh must obstruct Iheir relations with tho Civil Power, and expose them to contin- ual collision with the law of tho Colony, to disastrous litigation, and perhaps to embarrassing defeat, "With these fecilings and wishes I consider that it would bo most conven- ient for the Bishop and tho Church that I should leave them at liberty in the first instancH! to place thciir own construction on tho judgment, and to submit for my considcu-ation such amendments of their existing rules as, with least detriment to their own i>osition, would enable the Civil Tower to give them its cordial co-operation. The JJisbop, howtv, er, i^rofesses his inability to under- stancl mc!, and, I as.-ume, de.ircjs me to exi)lain myself with more! fullness. Ilis principal dilllculty is, 1 supposOj to ascertain what measurcts I hold recpiisito to remove tho imputation of illegality to which I have alluded. The follow- ing opinicjns on this subject embody the advice which has been furnished me on this head. The Judical Commiltco, I am fully aware, did not decide that it was un- lawful for the Bishop, with such Clergy and Laity of the Church as might concur in any scheme or arrangement for that purpose, to moot in a voluntary Synod, and to pass rules and icigulations, by whieh those who assented to them might be bound; they decided only that some of tho particular acts and resolutions of tho Synod in ciuestion had exceedcnl those lawful limits, and that Mr. Long, tho appellant in the case, Avho was not a party, and had not as- tented to those resolutions, could not be compelled to give notice of any meetings of such Synod, or cjf any proposed elections thereto, or to attend il, or to be bound by its procciodings. Mr. Long, under an express contract with the Bishop, would apparently have becMi bound to give that notice, if tho Synod had been a body recognized by the existing law of the Church of Eng- land. There Lordships are of oi)iiiion that the Synod was not siich a body. The portion of the judgment which relates to tho illegality of some act of the Synod, is in these terms, (p. 1(5): — "The Synod which actually did meet passed various acts and constitutions purporting, without the consent either of Crown or of the Colonial Legislature;, to bind persons not in any manner <• \o its control, and to establish Courts of Justice for some temporal as -piritual matters, and in fact tho Synod assumed iwwcrs which only islaturo could jwssoss." There could be no doubt that such acts wove illegal." It is obvious that in this passage relerronco is more particularly made to ' those parts of the "Acts and Constitution" of tho first Synod, (the very term •* Constitutions," seems to imply the assumi)tion of some binding authority), which are mentioned in the paragraphs beginning, "Various Kules, &c., and '♦'a Consistoriai Courts, «S;c.," at page 8, of the printed judgment. The surest mode, I conceive, of relieving the Assembly in question from the prejudical cftect of those errors in its past proceedings, will be for some ; future nieotings, with tho concurrence of the Bishop, to review all the acts of : the fonner Synods for the purpose of removing from them, both in substance i and in form, civerjihing which has the appearance of an assumption of any • compulsory p weis, or of any attempt to create tribunals similar to thoso which, j in countries where there is an established church, exercise a legal and coercive .1 jurisdiction, It would be desirable expressly to declare that the Synod alto- 1 19. le lo' lorm tuid Rothnr iliHclrtlms tlio powoi of loplslnlinpf so fts to l»irul nny pr>ri»onp, who do not ' voluntnrily nsscMit, ixiid ngrt'c to to be Jiound l>y itsn:l«>s; tlml thn tormH, "Cor.- htituti»>MM," " ('<)iHi>toriiil Courts," niul tin; liko, shuuldbo dit'iiscd. niul that llio ndt>, "tlmt all I'rccbyttTs mid Doat'ons, bofons institution or iiKliiction, or bt^lbn^ rt'CiMvinj? a llocn-t! fmm the l{i^ll<>p, and as a condition of rtK'civing such in.«titution, induction or liccnxc, shall sij(n a declaration that tlicv will sub.scribf! to all ndns and constitutions cnacttfd by tho Synod of tho Dlo( -"o of (!apo Town," (Judgment, p. H), und any other rules, (if there are any), of a liko nature should be reficinded. In place of the nisolutioiis as to th(> f!onsistorial Court, deemed objection- able by tho Judical CVtnnnittee, I am advised that it would boconii)etent totlio Sj'nod to i)ass resolutions reconinn-Mdnig for the adoption of their Bishop, suitable forms of proceeding, (a.i in foro domestico), for the invtistigation, trial, and decision of offences against the laws of the Church, before the liishop lumself, or bc^fore persons appointed liy him upon principles similar to tlioso i which prevail for tho nivessary preservntion of good order and discipline in all voluntary religious bodies, and I appnlicnd that all persons who hud assented to such resolutions would be bound by what th(! IJishop, from time to time, might reasonably do in accordance with th(! forms so recommended. Upon this point 1 again refer to the words of the judgment: — " It may bo further laid down that where any r'ligious, or other lawful association, has not only agre(!d on thetermsof its union, but has also con.slituted a tiibunal to detennino whether tho ruh's of th(i association have been violated by any of its membors or not. and what shall be the conseipience of such viuiation: then the decision of sucli tribunal will bo binding when it has acted within the scope of its au- thority, has observed such forms as the rub -^ require, if any fonns bo prescribed, and if not, has p'-ocecded in a manner consonant with tlie principles of justice. "In such cases tho tribunals so constituted aro not in any sonso courtsj they derive no authority from the Crown; they have no power Oi" their own to enforce their sentence's; they must apply for that purpose to tho Ccairts established by law, and such Courts will give effect to their decisions, as they give effect to tho decisions of arbitrators whoso jurisdiction rests entirely ui)on the agreement of the part'es." Having expressed the opinion tluit tho Synod should repeal that resolu- tion of their body, which reipiires all PresbytcM-s and Deacons before institution or induction, or before receiving a license from the IJishop, to subscribe all their rules and constitutions; it is proper forme to itato fiu'thor to what extent the Executive Government should recognize tlu* rig'it of the IJij-hoj) to enforce practically, on his own authority, tho resolution, which in its present form, the Synod is called upon to cancel. I am informed that it would bo competent to the IJishop to adoi>t llio course prescribed by that resolution with respect to matters as to which ho has by law a free and unfettered discretion. Thus, ho may decline to confer holy orders on persons unwilling to bo bound by the resolutions passed at siich meetings, without being liable to any interference on the part of any civil court; but with respect to the power of the Bishop to make assent to such resolutions, tho conditions of licenses, ud- m'ssions or institutions, of clerks to spiritual odiccs, benllces or cures a distinction must bo made according to the nature of tho ofTice, benefice or euro, If there be no previous contract or trust expressed or implied between I tin fiishon and the ^>atron, or the ijishop and tlic presenter, and if the offlee beneflce, or cure, in question, lias not been foumled, endowed, or established by any positive law or enactmiiiit, or by any other mode of legal foundation, , inconsistent with the exercise, in that respect, of a free and uncontrolled dis- cretion by the Bishop, in these circvuustances, I am advised that it would bo competent to the Bishop to make tho license, admission, or injititution, of a clerk to a spiritual office, benetice, or cure, conditional on hi,? assent to such ' resolution. But, if tho Bishop bo bound, with respect to such benefice, or : cure, by any antecedent contract or trust, (liko the engagement to ap)K)int tlu; nominee of Mr. Hoots), by tho terms of any legal foundation, of vhich assent or obedience lo such resolutions fi)rms no part, ho cannot, under such circum- '• ti 20, I stances. Irtwl'iilly exact IVoiu any cKtI; ciilillcjd to clinin IVoiii liii.i liociiso, I ikdiHUsion, or iii.«liLuti(ji), to such oilurf, Ik-ikMicc or cure, tliut siicli clurk should, as a condition of receiving such licen.se, or institution, iigreo to bo i bound by such resolutions. Within tlio limits tlius laid down, the exorcise of the llishoii's discretion in this ii'«}X;ctshould be recognised bytlie Executive Government as legitinnitc. Liist'ly, the liisliop requires to be informed " wluither tlic document, which !ias been j.laced in liis hand- l)y the Crown, is in all respects, as it confessedly is in some, an illegal instn .;nt; wliether any, and if so, wiiich of its provis- ions are valid u\ law; whelii.'r it conveys any rights^ title or authoi'ity to the BJsliop of tliis Dioc'ase, and the Metropolitan of this Province, or not." The words of the Judicial Comniiltee, to which the Bishop, I presume, refers, (page 13), are as follows: — "Their Lordships state the Supreme Court of the Capo to have been of opinion 'that the letters patent of IS,");}, bi'ii:g issued after a Constitutional Gov(!i-nnient had been establi-lu'd in the Capo of Good Hope, were inelfectual to cri;ate any jurisdiction, E:H^lesiastieal or Civil, within the Colony, even if it were the intention of tlie Utters patent to create such jurisdiction,' which they think doubtful." "In these coi^clusicns," they add, "we agree." The lettei's patent tlum, were ultra vires and invalid, if and so far as they purported to convey to the Bishop any power of coercive jurisdiction, irrespect- ively of tiie sanction of the local legislature, and of the consent, express or implied, of those over whom it might be exercised. I am aware of no reason whatever for supposing them to be invnb'd, otherwise than as they may assume to grant this coercive jurisdiction. .The Bishop's corporate character and any other incidents of his Episcopal position ■ which result from the letters patent remain untouched by the recent judgment. [8.] DIOCESAK SYNOD. TO THE OLEUay AND liAITY OP TUB CUUUCU OP ENGLAND IN UKITISH COLUMBIA. Dear Rev. Brethren and Hrelhren of the Laity: — A geniral desire for a Diocesnii Synod having hocn expi eased, and sonae matters seriously needing that organization, I invito your co-operatiou in the el«ctiou of Lay Rcprosentatives in the second week after Etister, with a view to the asaembiing of a Convention of Bishop, Clergy, and Laity, early in July. The ofGco of the Coavention will bo to consider and agree to a declara- tion of priaciplos and tuadameatal provisions as the basis upon which the Synod will be formed. The first assembly will not therefore be the Synod, but a body author- ized by the Parishes to agree upon a Ooostitution, rid then, if ihero bo such agreement, to resolve itself into the Synod, In framing Laws and Regulations respecting Bishop, Clergy and Laity, property, Onancc, discipline, spread of the Cospel, and ii< adc,,king measures proved Buccessful in other branches of our Communion, it must beour endeav- oar to adhere closely to the principles if the Church of Buglaad, of which we desire to remain an integral part. Though a voluntary body, so far as discon- nection with ihe State is concerned, wo claim no liberty to chooso for our- selves any other system of eccles.ajtical order than that of our Mother Church. The deep importance of subjects to come under consideration presses upon all Electors the great desirability of choosing lleprosenlatives well known and trusted for intelligent attachment to the Chuich, and whoso time and energies wi!l bo readily and heartily givci:. ^ L 21. I ndopt nnd recomraond to you the Rogolutions passed at ftti influcnlial meetini; of Chnrch Committees last monlb in Victoria, as the uiiidt: for our first proceedings and the understandinir upon which we meet in Convention. I append a copy of those Resolutions, and also some directions kindly d-awn up from lhe>.T by the Registrar of the !)ioce?e. Roi|'ue?tinir you to take the nrcesi.iry steps, should you decide to join the Syni'd, and piirneally truslinf^ thtit in this inijiortant niidcrtakinfj wc may nil bo euided with wi"- dom from fibovc, so that nur conclusions may be for the promotion of God's glory and the true edification of His Church. 1 am, Dear Rev. Brethren and Brethren of the Liiity, Your sincere friecd ami Pnptnr. G. COLUMUIA. DisHOp's Closk, Victoima, February 2.'), IST*.- OIKKCTIDNS POn THK ELECTION OP LAY UIOI'IIESENTATIVES TO TUB I'inST CON- VENTION. 1. The Roll of Rlpctnrs is to be entsred in a hook, and the followinjf decl'iniration is to be signed in the book by every one who desires to becoroo an Elector: — " I, A R , do solemnly declare that I am a member of the Church of England, and am an accustomed member of the corgrcgalion of and do not belong to any othor denomination." 2. The Chnrch Committee will appoint a Select Committee to make up the votinp roll, and where no Church Committee, the congregution will delegate this duty to three of their body. .'!. The Churchwardens or Clergyman will give notice in church or on the church doors, or by both methods, of the intended election 14 days at least before the time appointed, in the following form : — "NoTir'K. — An election of Lay Representatives to the Convention, for the purpose of establishing a Synod in this Diocese, will take place in this Church on the day of at o'clock. All per.tons who are SPatliolders or members of this congregation, of the age of 18 years, will be entitled to vote on subscrib- ing the declaration in the Roll of Voters, at any time before the election." > Committee. ^. The election will take place in the vestry or other appropriate place to be appointed by the Committee, at which meeting the Clergyman shall be the Chairman, and in his absence a Chairman shall be appointed by the Committee, who shall take the votes, and whose duty will be to see that no one votes who has not fulfilled the prescribed formalities. 5. Each church or congregation will be entitled to one or more Lay Representatives in the following proportion, namely : Two Delegates for 20 or ander 20 qaalified voters of the ago of 18 years; four Delegates for 50 or under 50 qualified voters, and six Delegates for more than 50 voters. C. No person caa be eleoted ai a Lay Representative unless he is « communicant, and unless he signs the following declaration, also to bo en- tered in the book of votes ; — •'I, A — -B , do solemnly declare that I am a communicant of the Church of England, and belong to no other religious denominatiou." 7. Every Clergyman, or the Churchwardens, shall keep, or caaes to he kept, r roll with the names of all the communicants entered therein. J. Every Lay Representative, when duly elected, shall receive from the Chairman a certificate to the following elTect : — "1 hereby cerci/y that at a meeting of the electors of Church, or District, held on the day of 187 A B , whc is a communicant of this church, was duly elected a Lay Representative to llio Convention for the establishment of a Diocesan Synod." Chairman. 0. The Chairman flhall also forward to the Bishop of the Diocese a certificate of the result of the election in the following form :•- 22. "T hereby cprtify that Rt a meeting of the electors of Charch, or Diiirict, held on the day of 187 the following peiaoos, commu- nicants of the Church, were duly elected as Lay Representatives to tke CoaventioQ for the establiBbmeot of a Diocesan Synod : raoFKssiON. A. B. of CD. of E. F. of G. H. of And I further certify that there ai'6 entered on the Roll of Elec<'.jr8 per- 8009 entitled to vote at this election. Chairman. ''0. In the case of the death or resignation of any Lay Representatives 80 elected as aforesaid, the Church Committee, or where no Church Com- mittee, the electors Eball as soon as practicable select some other duly qualified person to fill the vacancy. RK80I.UTI0N3 OF TUB MEKTlNG OP OHnRCH COMMITTEES UKLD IN VICTORIA, JANUARY StB, 1874. 1. "That it is eypedient that a Convention be fornaed consisting of the Bishop, the Clergy of the Diocese holding the Bishop's license, and Lay Delegates for the purpose ot organizing a Diocesan Syuod." 2. "That every congregation of the Anglican Church, with twenty or less qualified electors, may elect two Lny Representatives, and every congre- gation having over twenty qualified electors up to fifty inclusive may elect four Representatives, and having over fifty qualified electors may elect six Representatives." 3. "That the election of Lay Representatives shall be decided by the vhole body of seatbolders, and of those who are accustomed members of the congregation not being seatbolders, of the age of eighteen years and upwards who shall sign a declaration as follows : I, A- -B. — , dc solemnly declare that I am a member of the Church of England, aud am an accustomed member of the congregation of and do not belong to any other denomination." 4. "That no person shall be qualified for election as a Lay Represen- tative, or be permitted to take his seat as a Delegate, unless be be a male communicant of the Church, of the age of '.wenty-one years, and upwards, and have j!gned a declaration that he is a communicant of the Chrrch of England, and belongs to no other religious denomination, as follows : — T, A ^B , do solemnly declare that I am a communicant of the Church of England, aad belong to no other religions denomination." 6. "That the list of voters shall be made up by a special Church Cem- mittee to be selected by the Church Committee of each congregation, and in places where no Church Committee exists, by three persons to be selected by such 'congregation, as such Committee, and the seid list shall be signed by a maj jrity of such Committee; and no one shall be entitled to vote who is not included in such list/' 6. "That the election for Delegates shall take place on the second Monday a ; Easter, 1874. 7. "That a certificate of election shall be given to each Representatire by the Chairman of the meeting at which the election took place, who shall also forward to the Bishop immediately after the election a certificate of the due election of a Representative." 8 "That thu Convention of Bishop, Clergy and Laity shall meet the second week of July next, at Victoria." 9. "That no net of the Convention shall be valid and binding unless it has received the assent of tie iiishop, a majority of th( Clergy, and a major- ity of the Laity voting by orJ*>r8." M 23. EVIDENCE ON THE TfdAL OF TUE llEV. DEAN CKIDGE, it ! . 11 stfttod: I know tlio Imml writing of 'Mt. to tlio lotler dated Dt'ceuibor 7th, to be that 1st "WiTXKSs. — R. E. Jackson Cridgc nnd bcliovo tho signatur of the Doan. 2d WiTKKSS. — Tliomas Holmes Lovg, stated : I was j»ssist(!d hy the Dean nnd Mr. Williams in juxpaiing the address which appeared in the Standard of the 28tli March, 1874, the heading of which is "Address of the Dean of Christ Church to the Congregation." The letter in the Standard of the 10th January, 1874, nnd headed "to kho Eiglit Reverend George Hills, D. D.," was handed to me by the Dertu for publication. I decline to say who is the author of a letter signed "Eccentric," nnd which appeared in the same paper. I am one of the Editors and owners of the Standard newspaper. 3rd "WiTXKss. — W. C, Ward, stated: I know the handwriting of Mr, Ciidge; the letters produced I believe to bo in his handwriting. It is dated 7th December, 1872. Also one dated 10th December (( (( t< '.( (( (t <( i( i( ti <( <( u (I <( (I (( (( <( u (( (( u (( (( 1872. <( 1873. i< (( (( (( (( li (( {( 1874. 13th " 29th July 28th " 18th August 3rd September 4th " 17th " 14th October 27th " 25th November IGth December 14th February, 28th March I also know Mr. Pembcsrton's handwriting; I believe that the lett(;r pro- duced, dated 27th June, 1874, to be in his handwriting, as also one of the 2iid July, 1874, also produced. • The letters dated 2nd and 3rd July, 1874, I believe to be in the hand- writing of ;Mr. Cridge. I recollect on the day of the consecration of Christ Church at Christ Church, and during the evening service a sermon being prenclud l)y the Kev. Archdeacon Rcece, at the close of which, Mr. Cridge, instead of giving out the hymn, proceeded to address the Congregation. His address was some- thing to the etl'ect that h'l had pr(^acbcd for 17 years, and that this was the ilrst occasion on which Ritualism bad been openly preached from that pulpit; that, though very painful to him, he felt bound by everysen.se of duty to i)ro- test against it, and that he was prepared to shew that it was contrary to tho Book of Common Prayer, contrary to the law of God. and contrary to tho law of the land, and could not be pro\(;d fiom the Scriptures. Mr. Cridgo Appeared much excited and spoke with evident warmth; his address called forth some noise, such as applause, he appealed to them, and asked them to remember that they were in the House of God; that was the substance of what he said. I was very much pained to see the scTvice disturbed; several persf)n<« left tlie Church. Mr. Cridge spoke in a very earnest way, and said that his* re- marks were nf»t intended to provoke any controversy; ^Mr. Reece of course was present. The sermon was referred to by the Dean as that of the Arch- deacon. I don't recollect that any name was used. I var. Churchwarden of Christ Church for two years; the Comnnuiion Plate \va.«, as far as I know, always kei)t by the Dean, and under his control; so I always imderstood. 1 was the Dean's; Churchwarden. The R(!gisters of Raptism and Marriage were always kei)t by th(! Dean, 1 believe at his houst;; there u a safe in the vestry in which they might be kept, and 1 believe tho 24. DoiMi kept Ihc key of it ; I don't know tliat tluj I'liilc was k(;pt 'usro; I ncvor hinl tlio k(!y under my control, or do I bclievutUut it was under tlio control of thc! other Churchwarden, Faamincd by Mr. Mnson. Tho address (jflhe Dean was so snddon that it made a deep iniiircssion ort mo; several persons left tho Churchj tho service was subsequc'ntly proceeded with. 4th "VVlTXKSs. — /. E, Curtis^ stated: I M\\ clerk to ^lossrs. Drake and Jackson; tiie ditciiment produced is a copy of one served by nvc on the liev. Mr. Cridgo on Sth Scptonibor last, and is a list of letters that he was rcquireil to produce. I produce a copy of a letter dated September 7th, 1S74, the orifnnal of which I left at >[r, Cridgc's house; 1 beli(!ve tlie Articles are in ^Nfr. Drake's handwriting; I served the Dean with a copy O'f thc Articles now produced on the U7th August last. I also sc.'ved a coi>3' of tho Art ichjs pi'odueed on tho Dean about thc end ©•f July, but I cannot say the exact date, 5th Wjtxkss. — Thc Bishop^ stated: I recollect sending a letter dated 7th Dee., 1872, to 3Ir. Cridge; tlic subject of it was witli reference to the occur-' ranee that took place at thc evening ser-icc on the day of Coiisccration of Christ Church. I also sent 3Ir. Cridge a letter dated Dec. Dth, 1872; a true copy of which 13 now produced. • ' The book now ' "oduced contains true cojiies of the following letters sent by me to Mr. Ciidge. Letter dated Dec. Mlh, 1872. .iulyl'Uvh. 187;}. August 27t]i, 187.1,. September 8t]i, 18715. " 22d, 1873. October 18th, 1873. November Isl, 1873. DcGcuiber 1st, 1873. (< t( (( <( M H- li- lt tl (i U (1 201 h, 1873. February li^th, 1874, 3larch 23d, 1874. ]May 2r)th, 1.^74. 1 have Letters Patent appointing mo liishop of Britiab Columbia; Letteftf Patent produced; I believe the license produced ia a true copy of the license to Mr. Cridge to preach; it is dated bept. 17th, 18U0. The oath produced is a f.uc copy of the Caaonical Oath of Obediencti taken by Mr. Cridge, Sept. 17th, 18(!0. I Lave the subecriptiou book before nie; I saw Mr. Cridge sign it; the date is Dec. 7th, 1865; the Oath of Canonical Obedience was talien before mo by Mr. Cridge ai, the same time, Dec. 7lh, I8G5; I have no doubt that the Letters of Collation referred to in Article 4 are correot copies; also the Cer- tificate of Subscription and oaths in Article 4 ia a correct copy. I recollect sending, on Feb. 10th, 1874, certain Articles of enquiry to Mr. Cridge; they are the usual Visitation Articles; no answer was returned tome by Mr. Cridge. On May 25th, 1874, I again appfied for an answer to mine of Feb. lOth; copy produced. I attended visitation, July 3d, 1874, at Cliriat Clinrcb, tiaving first writ- ten to iMr. Cridge, under date .1 'ue 22d, 1874, iulormiiig him tluTCof; I also wrote on tlie same date to liic Clinrchwardeus to the same etlect. I received a letter from Mr. remberlou, Churchwarden, dated June 23cf, 187 1, of which that jiroduced is a copy. On 20tli June. 1 wrote to Mr. Criugc , appointing July 3d, 1874, for my Tisitatton, alao to the Churchwurdeus ua the same date and to the same effect. 1 received a letter dated July 2d from Mr. Pcmbertou, Churchwarden, declining to rcceivu my visiluliou. / 25. Ith; rit- hlso 3d[, my .lue eD, T (ilao received, on July 2d, 1,874, fl letter from Mr. Cridge, declining; my visitiitioD, on tbo ground tLut a memorial bad been sentto the Goreraor- General. (Ja the same date T wrote to the Churchwardens, stating my intention to hold the visitHiion; I also wrote to Mr. Cridpe. I received no other letter before attendinu visitation; on 3d July, 1874, I went to Christ Cliurch, ace )mpanied by i\lr. Drake, the Registrar; Mr. ' Cridge was in the Vestry, and on our entering he said he requested to read ft letter which he produced; h- read the letter signed 3 i July, (a copy of which ' hi»8 already been put in evidence), with strong emphasis and vehement ges- ) lure, evidently laboring under great excitement. ,' On his fiuishi :g the letter and sayin? that the Churchwardens would 1 not be present, I said: Mr. Cridge I am fulBlling the duties of my oflSce, and I come to visit you ns well hs the Churchwardeoa. I request you to prodnco the registers and inventory in order that I may proceed with my visitation, fie said, I refer you to the latter part of my letter. 1 said, will yon produce ' the register books. He said, I have not got them; I have not the key; the Churchwardens have it. 1 said, you have always kept it and tbe Church- wardens could only have obtained it from you and w'th yonr consent, in ' order to frustrate my visitation. He said, I have not the key; why do you ' expect me to have it? and referred .c a book of tbe Canons, one of which re- ' quires a coffer to be kept with three locks, implying that he cotild not ' produce the registers without tba presence of the Churchwardens. 1 said, you know Mr. (bridge this is now never the case, and you alone have the caro J of the registers; do you refu-e to produce them? lie said, I refuse to pro- i duce nothing. I said, I cannot proceed witb my visitation unless you' produce these things, and other property of the Church. He said, why do | you a^k me, ask those who have the custody of the goods of tbe Church T | the Church is open, you can go and see for yourself, I again flSked him .' to produce the registers and plate; ho made no reply. I said, do you then ! refuse to produce them? He said, I refuse nothing; the relation which you i hold towards me, and which you hold towards the Churchwardens, has on-j tirely changed during the last few days; put your questions down in writing. • I said, this is a subterfuge, you have connived with the Churchwardens to ; defeat my lawful visitation. He expressed himself offended at the words BHbterfugo and connive. I satd, it is too true. I agnin asked him to pro- ; duce the registers; he made no answer. I then said, this is couturaacy, and ' came away. On previous occasions, when I visited Christ Church, Mr. Cridge , always had the keys and produced them, I have visited Christ Chnrch per- iodically for tbe ,)ast 15 years, and 1 have never before bat' any difficulty; whatever in seeing these articles. The letter dated July 3d, 1874, was tbe one he read and handed to me. On the same day, on my return home I received a letter from the Churhwardens, dated July 3d. I asked for the Communion Plate; I think the answer was, ask tbosb who have the charge of the Church; when 1 asked questions he said, I beg to be excused from answering questions, and what the Bishop has to say to me he will put in writing; he said, see the concluding part of my ietler dated 3d July. i.ir. Cridge's demeanour was uuhappily not that which a clergymam should assume towards bis Bishop, Both in tone and gesture I considered it to be insulting. I selected a Cathedral; 1 am empowered to do so by my Letters Patent ; I selected Christ Church and havu used it as sucb since 18i>5. The seal produced ij mine, and the Articles ajjpended are signed by me. After Mr. Reece descended from llie pulpit on the 5th Dec, at evening service, Mr. CriJge proceeded to address the congregation in a state of considerable excitement; he said something to the effect that the sermon which had just been preached by Archdeacon Reeco, mentioning bis name, contained doctrines which had never been preached in Christ Church during bis time of 17 years, aud never should be while he was Pastor of the Church; bo said that Ritu.ilism. which had just been advocated, was contrary to the Law of God in the Scripture, iho Prayer Book, and the law of the laud; I couuulletl with Bidbop Morris as lu what abuuld bo done under ao exiruuidi* ■ 26. iiarjr aud unhappy ao iulcrruplion; we considered it best for the a \.ke of the )ieAce of the Churcli not to siop what was goinp; on, there being evidence of considerable excitement in the congregation; I heard noise* which appeared to me like the naovement of feet, clapping of bands, and expressions ot voice; several persons left the Church. I received a number of letters from Mr. Gridge, these letters were read jeaterday, I received them all. 1 have the original book of subscriptions, and I produce it. The letter siftined and dated 17th September, 1S60, was bigned by Mr. Cridge in my presence. Mr. Cridge has not any benefice, there is no benefice in this country. 6th WiTNisss. — Charles Oood^ stated: I was in Christ Church on the day of Consecration, December 5th, 1872; at the erening service, after the sermon by the Rev. Reece w as terminated, at the usual time for giving out the hymn, the Dean, instead of giving out the hymn, faced the cougregution and ad- dressed them on the subject of the Archdeacon's sermon; he took exception to the doctrines preached by him in being in favor of Ritualism; he stated that be could aot hIIovv his pulpit to be used without warning his congrega- tion against any such doctrine. Considerable excitement was manifested both during and at the close of his address, by clapping of hands, stamping on the tloor, aud ejaculations; 0D« person in the uhoir having said " Bully for Cridge." To tho Very Rcvcnnd Dean Cridge: Takk NoTicK that you are reijuinKl to lyrockice to tlio Court on the hear- ing of the charges s 't forth in tlie Artielco d.ited on or ubuut the 27tli day of August last, the following documents: — Dec. <( 7th, 9th, 14th. 1872, Letter from the Bishop lo yourself. (( (( ti ^•. 873 i( (( (( (( it (( (1 (( 1874, <( (( (( t( (( (( (( u (( << (( tc u (( (i July 28th, 1873 " 2yth, ■ Aug. 27th, fcjcpt. 8tli, " 22d, Oct. 18th, Nov. 1st, Dec. 1st, " 26th, Fcb'y 12th, March 23d, May 25th, And your certificate of pubscriplions, and all other docun ^nt*, letters, papers, oud writings whatsoever in any wise relating to the charges against you. Your.?, etc., M. W. T. DEAKE, Registrar. By RoBT. E. Jacksok, his Attorney. u (i (( (( tl (( <( <( (I i( <( (( (( t( (( (< (( (( (( i( (( (( (I (( l( i( (( [11.3 Bishop's Close, Victoria, Dec. Tin, 1872. My dear Mr. Dean: It is with very great pain that I write to you in referrence to the unhappy scene which occurred in Christ Churcli last Thursday. I am stire you were in igimrance that you were committing a grave offence against the laws Ecclesiastical, and tlie Statute Law of the Realm, in disturb- ing the order of public worshii), and in ushig irritating words respecting a brother clergyman, who was present, and who had just performed a duly assigned to him. As your Bishop the subject is one wliich I cannot pass over, and I now 27. write '.n lh« oftrr\o?t hope tlint I iinvo not mifjponstniM your olinrnctor, V)ut that wlion it lin.s bcM'u slu-wn tliat i\ brt'iich of order and jiroitricty has bt'oii conirnittod, and one which must inevitably cause ott'cuce to many inemboi-s of liie Cluiroh, ynu will h(\ the first to cxi)rc.ss your rogrtit for the occurrcnco, and render my duty les^ itainful. I ora. my dear Mr. Dean, very f-Mtlifully your;!, G, COLUMBIA. My d car Lord : [ ^ '-^ • ] In rcf(*rcnco to your letter of this day's date, I trust, that "when it hafl been sliewn," and I am convinced that 1 liave committed tiie wronj^s imputed to me in that letter, your hope will not be disai)i)()intcd, and that I siiall bo the tlrst to express ntgret for vi(jhiting what 1 liave ever been foremost to up- hold amongst my people, order, diarity, .nd law; but I find it impossible till after Sunday to consider the authorities and reasons on which j'our slaiements are grounded, and which 1 gather from the Lmor of j-our letter, you will deem just to shew me. Yours faithfully, 7th December, 1872, E. CRIDGE, [13] Bishop's Close, Dec. 9th, 1872. My dear Mr. Dean: As you desire to be furnished with the authorities on whicli nay reasons for writing to you are fVnnided, I will mention that your action on the r)th was in direct contravention of the 58rd Canon, and conies within the provisions of the Act of 5 and 0, Ed. VI. c. 4. I shall be most jiappy to allow you to inspect these authoritiei". but I was in hopes that my letter would have found you, on a calm reconsideration of the circumstances, to have come to the conclusion that the mode you adopted for the expression of your views on the (iu(;stions raised by the Archdeacon's ,sernion was illjudged, out of all order, and calculated to produce distress and olfeiice in the Congnsgation. Trusting that my endeavours to avoid a disagreeable and most painful duty will be assistcnl by your good sense and right feeling, I ani, my dear Mr. Dean, very faithfully 3'ours, "■ G, COLUMBIA, My Dear Lord: [14.] Will you kindly send by tlic bearer the books you said you would athnv ine to inspect. Yours faitJifulIy, 10th Dec, 1872, E, CRIDGE. g a uty low My Lord; [15.] 1 have carefully looked into the authorities which you have submitted to my inspection, as well as reviewed my own conduct in addressi"n^ my tiock on Thursday evening, and I conscic'ntiously bc^lieve that 1 have not cither in lett«!r or si)irit violaUid any order of the Church or law of the realm. If the step was unusunl. the occasion was almost without precedent. At the sanu: time I beg n\ost respectfully to answer your LonNhip that 1 had no thought or intention of impugning in any way the authority of the, ]}ishop, but only to fullill my duty as the ordained and licensed minister of the Church and oongregaiion whom i serve. I beg to remain with all respeet and duty, Your Obedient Servant, Dee. 13, 1872. The Loid Bishop of Columbia. E. CRIDGE. 28. [1'5 1 Uishop's CloHo. Viotorift, Dec. Mlh, 1872. Revfirond Sir: Having oiFLTod you, with no good rosuK, povoml opporlunitios of nxproPH- ing rryrot at your condiu'.t on the r»th of l>w., ft nijjrist whwli sliould bo (ixpnissrd to 3'our IVishop, who was unhiipiiiiy present, an eye and ear witness of the sad sceiio, to your hrolhor niini.ster, wlioni you openly in>ulted in tlio House of God, and to the conj^ relation wlioiii you di.-turlied and dislressi-d, it now remains for nie. to discharge a most painful ,-ions, such as are only heard in secular buildings and in drinking saloons, stamping of feet, chipping of liands, and other unseemly noises. Much distress was created amongst all the properly disposed and legulnr members of the congregation, in the midst of which several persons hastily left the Church. The deepest pain was caused to the Bishop of Oregon, myself, the Clergy and the congregation gend cause of God, and a stiun- bling block has been placed in the way of the w(!ak. You have committed tlie grave otfence which is described both in the Kcclesiastical Law and in the Statute Law of the Empire by the tcn-m of brawlinffj an net of disturViance of divine worship, punishable in a layman by line or imprisonm<:nt, in a clergyman by suspension. Moreover you violated the oSrd Canon of tlie Church of England, which forbids public opftosition between clergymen, and requires the clergyman oftending to be mhibiled "because uiioii such publie dissenting and contradict- ing there may grow much offenco and disquietncss unto the people." No provocation is allowed to justify a violation of these laws. If the Archdeacon's scirmoii had contained error, there are means to be adopted by which he could be called to account. If, as was tlu! case, you disajiproved of the view he took of a particular subject you have; abundant oiqtoitunities of teaching your congregation what you consider to be right, your attack upon him in the House of God was the nion* unjustifiable, siiic(^ ho had occupied the pulpit by yowv own suggestion, and he is a nuimber of the Cathedral body. Considering all these circumstances, considering the public scandal you have caus(Hl, tlu; outrages upon order and propriety in divii^e worship, and violations of the laws expressly framed to prevent such uidiappy exhibitions, I Bhould probablj' be justified in taking a course much more scivere; considering however, also, your long and faithful service in the Church, that you were probably unaware of the; laws which i)roliibit such actions, and that this is the first grave otfence of any kind in tlu; Dioeeso which I have been called ujion to notice, I take the most lenient course I can adopt, and inflict upon you only a grave censure. As your Bishop, then, I censure you for j'our conduct on Tlnirsdaj', tho 5th day of December, 1872, and I admonish you to be more careful in tho future. Witness my hand this l-ith day of Dccen\bor, 1872, G. COLUMBIA. Tlie Very Ecv. E. Cridge, Rector of Christ Church Victoria, And Dean of the Cathedral. 29. My ilnnr IJisliop of Coluniliia: [17.] JJcfon^ I icctivi'il iiotilicnlion of your iiilcnlion to vUit Chri^t Cluivfli to- dny, 1 hud ronuoil nn onjifnKt'iiu'nt wliicli will hiiul(>r me from Ikmdi? pro^jii lnjt wliiili I ho)). Th(i att(Mul)incc of th(! Clergy ut such visitations is not ojitional but a duty to wliitJi each on(! has bound himself ijy his oath of Canonical Ubcdicnce, and recei)tion of the bishop's license. In the present case; I gave you amjtle notic(i of my visitation and if there liad been any sufficient objection to tins day and hour aiiiiointed, you wimo made aware that I was rciudy to iix another time. Under the^e cin umstances you have exposed yourself to the charge of a grave ecclesiastical oiicnce. On my arrival at the Cathedral yesterday, at the time named, the doors were locked, and after waiting some time I was comi)elled to GE, (Turn ovei'.) Dean and Rector. I duly gave orders for the Church to be open for the reception of the Bishop at 1 o'clock, p. m., on Monda3', July 28th, 1873. ■ 80. [20.] Vidorin, August IP. 1873. My (It'nr Bishop of Columhin: Jii riiltillint^ iny uiulcrtnldiifr, mndn nl tlio vostry on Ihn first ooonsion of my iniM'tiiit? yoii tliis ycsir in tin? iirv^Jiijioo of tlit! ('liurcliwiiiili'iis of Christ Churcii, to stiil(f tilt' ffnmiiils on which 1 hclicvt-d tho liishop to hiivc acted iiiijiistiy in till! (liscluirgi; of his oilico. I may use liic more frctMJom in tlmt it is tho right of till who helieve tlietnsolves to linvfi bec'n wrongr-d, wlictlier in their own person or in their lawful calling and oflico, tonii)crately to declare it. In onler to make my nienning mnro plain I will confine myf^idf in this hitter to till! Hishoi)'s ccusun! of my conduct in my protest against the ritual- istic teaching of tlu; Archdeacon, (Irlivered to my congregation on tho occasion of the ol)ening of the Cliurch. In the document conve.ying that censuns, you accused me of oU'enccs whiiih, if true, would prov(! mo imllt for tho ministry, nnd imwoilhy of tho esteem of my congregation, and indicted on mo, as you paid, under your hand as Bishop, a gravo (M-nsure. You did this, although I had pleaded, "not guilty" to y<»ur accusations, without hearing the; grounds of my pica, (u* giving me opportunity of stating them; without confronting mo with my accusers, or with tho witncss(!H who testilled against mo, and whoso names, except your own, (and I deem it impossible that you grounded j'our Kontenco solely cm your own t(!stimony), I do not know to this daj', you con- demned mo, and inflicted this punishment (whatever it was) ujion mo. This i)roceeding I believo to ho arbitrary, luijust, and a groat wrong. To render impossible such wrongs law is framed. To i>rcvent injustict; being done through hasto, passion, inadvertence, or private ends, it is provided by the laws of (!ven heathen nations that no one shall bo trio"', cojidemned or punished "before that ho which is accused have the accuser \\wa\ to face, and have liconso to answer for himself concnrning tho crimes laid against lum." J{y no law except over infants or slaves can any one combino in his own i)er- Kon, as the ]ii.-hop api>cars io have done in this case, the functions of accuser, witness, govcM-nor, and judge. Tho laws of the Church do not overlook this fundamental principle of justice. I will refer lo only one authority at present. The "Church Discijilino Act" in England has been caniful not to give tho ]{i>hops, ('although Ijords in a National Church), any pretext for tho cxorciso of arbitrary powers, but has tied them up to tiie forms of justice and to lay control. Though in this land tlu! IJifthop, being a pimple minister of religion, has no juiwer under this Act to h >1(1 or order a legal investigation, thej!>r<:n- ciples of justice! might have been satisfied in another way. The sentence in question was not one of those admonitions which, with no pretence of judicial authority, an; always respected b^' the well disposed ou account of the presumed gof)d intention and allowed legitimate office of those who administered them, Tho liishop gave to this censure, ilhigal as it was, official form and elfect, fo far as he could, by sending it to the (Jiuirchwardens of my congregation, as well as to myself. I need not say that such a censure, 8o given, if it bo anything at all, is in its i)uipose and character as much a punishment or penalty as suspension or deprivation. It is moreover a principle of justice that the person who judges must be an uninterested person. In this case if, by the promulgation of the sentence and its <'tfoctSj I had been harassed into resigning my incumbencj', tho next presentation, if the trust deed is valivl to this eilect, devolved on you. You could have put into my room one of your own clergy, that is one of those, who derive their status here solely from your own choice and appointment, and did not as myself possess it before the recognition, or even tli(! existence! of your Episcopate. Nor perhaps is this the only respect in which the IJishop is not j\;i inditferent person. 1 should be sorry that you should take this remnrk in an otlensive scmiso, it is not so mcjant; it belongs to my argument and is m ide to shew the reason of the care with which the law fences the, rights of man against the encroachments of arbitrary pow(!r and the iteration of inter- «'>tcd motives. The evil consoqucncos also, which are apt to result from unjust judgments, prove the necessity of all alike being under the dominion of the law and it-^ forms. 81. )» Ptjrmit me to \W\\\t out n Asw of tlio nii^'fliicfs wlutli inijjclit nml Imvo rc- sult(!y liis ofltce, miplit, by promulgating it, Inivc icndi'rcd themselves simihirly obnox- ious to the hiw, or tliey might havt; ciianged in their fon(hict towanls their minister, contctmned his rule, (iiscotiiaged liiin in Ids ministry, or thrown uji th(fir olHco. Or to i)rcserve friendly r( hit ions between the l{i>hop and tlm congregation they might, although not unconscious of the injustice' (jf ihedoe- lunent in riucstion, havu allowt;d it to stiuul against llieir minister without remonstranco or jtrotcst. Or by taking ollieial notieo of it they luight Imvo divided the. congregation into jiarties, marred the integriiy of tiie ministry, and alienated from the order and administration of tho Chundi some of its devout members. Or the minister himself, ])elioving the cause of tnith to have been wronged in' his own por.-on, might have maintainotl a constant, though for quietness sake i)rivate, jnotost, so long a.s there remained against his ministiy imputations niady at any time to be revived, as in fact they have been ruvivod up to a recent period by tin; Bishop liimself. Tiieso are not imaginary things, but evils either actual or imminent, in great i)art as it api)cars to mo in connection wilh the; judgment in iri(ed aa grave oll'encca, nnd, if havin( committed them, you show no regret for ihe scandal they hitre caiiHed, yuii must not wondur if the uiipulaliuua upon your character aa ti clergyman HJiould reniaiu. f)uch eiil const'(iu(!nceH m thoau yon nliudo to vbould be trncod back , not lo the exeriiHO ot authority for an offence clearly ostabliahed, lj>it to tlu wrong doing in the firat iuatuuce by youraelf. I am, faithfully yours, O. OULUMIilA. I Hi! M M f I 1 [22.] Victoria, Sept. 3, 1873, My de".r fJishop of Columbin: In aiiHwcr to my complaint thnt yon hRV<» aa Uiahop wronged me in my person and olHcc, your arirnment, if I understand it arighi, is as follows: — That (IB the Hishop and Iho public were witiiessea of my conduct on tba occasion referred to, there wna no need of evidence to prove that the ISiahop's Recount of the same was true. Truly, thonch a thousand persons wiinesa a proceeding, it does not follow that a certain one who tealifies to it, tettifica truly. Many hcnrd our Lord speak when ho said, (or seemed to say), that ho would destroy the Temple, yet this did not make the testimony which two uf them bore as to what he did say true. Notoriety is gooil to prove that something happened, tliougii not what. Though I believe that notoriety iu this case, (v. the public papers), is adverse to the truth of the Bishop's cen« sure, whiit took place la still unsettled. There can, therefore, be "queaiioQ of fact," seeing that I, the accused, say tbitt what I am accused of is not truo Aud by no means was done. Vour reasoning that though a "formal" censure was "just," for the satisfaction of "the Cbnrch at large," "formal" evidence was not necessary for the sake of the accused, seems to mo to confound equity. Vou say llint if yon had not dealt with tho ca=!o privately, though without the forms of of justice, others would havo demanaod that it should be denlt with publicly, with the forms of jusiice. How tho justice, which would havo ijeen done in the supposed method, can excuse the absenca of justice in the actual, is not clear to my understanding. Hut the forms of justice, the Bishop says, would bavc been observed in the supposed case, bi-causo th«i consequences would havo been serious. The loss of character, which the Bishop readily udmita to be a natural consequence of tho method actually pursued by him, is in- delibly affixing, if not wiped out by confession. The "imputation" of wrong doin^ upon mc is not, it would seem, a consequence sufficiently ser- ious in the Bishop's estimation to render any form of justico necessary in that method. Still, the consequences in the supposed metb'i ! of trial would have been 80 serious that tho Bishop determined, out ..: ! indness to me, to save mo from them by publishing me through a private 'insure to tho "Church at large" as an evil doer of a bad type. While I ttil the Bishop, that all things considered, I do not recognize this feature in his proceedings, I must alao Bay, for the cause sake, that I am not troubled about my character, as I tnigbt have been, had I done the evils, instead of being accused of them. The Bishop appears to refer to bis authority in justification of his pro- ceedings. To this I answer, that no authority can justify a wmng, which I have proved this to be, which the Bishop has not denied, still less disproved, least of all redressed. Although, therefore, the question of authority does not affect my argu- ment, and although this is not the moment to go into that question, though important, still, as you have given me the opening, I will brietiy point out what appcara to mo to be a double fullary in your definition uf tho scope of the"aulhunty of u Bishop," uumeiy: that ilia "exercised by private cen- 33. lecn mo at ings S I Iro- Ib I 3d, ■ure ti% wnll as by public Irial," which to my nppreheniloD contains, flrat : A distinction iu 8riiy," lis it ilie liinliop s uulhDrity were hy Uw, wnich it is not, nod not I y ciirn(Mii, wliich It is, with in "cope nu'l ofTect yet undefined. In a npiffUltounnk: churc*i, if I remember riK'nIy, the B ihop has authority to ad- minister a Cfnmirii, whether pnitlic or privnte hu» not to ti\ke part in the (rial. by which it is awarded. In another nBijrhhorinpr church no authority to ad- uiinistor cuKgurc is ttllowed iit itll, iippireniU bfCAuso the authority tniKht, as I submit is the ciisa of your ceiisurc Mgaiiist mo, come into collision with the liiw of the land. I think it not in evelanl also lo remark that there is ft certain (>tri'tice ajjainsl the tSiate, implied in the enforcement of Eccle9inttic<\l law, wiien not autlicirized by the law of the land. It may be preanmpliTe in ino to instruct the Bishop, hut it is not unlawful to defend mynelf. The Bishop ouKht not to be it^nonint that when a person assume*), without the authority of the Slate, the oHlce o. Jiidjr", such a document as that which tile Bishop has procnetled to publish apainst me, i^ not a judgment, but a lil\\\(\ laiu. The first thing ia *ev^Tj cause is to show what has been done, this is the function of (vidence. The next IS to ilitt inline what i(j(t' it any hiv^ been broken, and to award thn penalty, this is the ofli<-e of the «/'<'//;«, the last thing is to administer the corrvCtion or pardon the ofronce. This iS the prerogative of the Oovernor. The prhiciphx which nictate thf-se forms mu-t be observed in private or conventinnul prociodiiigs t(> make them just. 1 submit that the Bishop has confounded all these functions together iu one abitrary assumplioo. To say that I denounced, and attacked, and brawled, and caused scan- _ dal, and grieved the Church, and upon the mere strength of these dennncia- tioiis, (inpi'iciil to the document itself for the accuracy of the words), to inflict ond publish a penalty, is, I Hubmii, the language of abuse and slai - tier, and an act of lawless authority ; the crinies thus imputed having been manifested by no evide-ice, proved by n > '.aw. The Bishop aflTums them, I deny them. Ttio Bishop has Judged the cause, I Judge it not. I appeal, God will judge. I have now only to ask the Bishop one question. In your last letteri (27 Aug.,) you repeat your accu.sation of aUucking and denouncing a broth- er clergyman. In your censure you Buy: — '• Von denounced your brother clergyman by name, and amongst other words, declared that he had violated the l.iw of the church, the law of tha land, and the law of (iod in the Scriptures." Task, did you say this of yourself, or did others tell it you of me? I request also that the l!isho[) will i;i*'<' tne the words, or reasonably near the words, which I am said to have uttered, and to give them, not obliquely or constructively, as ii the censure, but directly and as spoKeo, I ask also tor the names of the other witnesses, if any. The Bishop will, I presume, also deem it right to give mc the minutes of any (/ouncil which he, as Bishop, may have held iu this mutter, as also any record he n)ay have made, or caused to be made, in relcreuce to it in the Archives of the Diocese. Yours faithfully, E. CRIDGE. To the Bight Reverend G. Hills, D. D., Bisli p ol Brilis'i Coluuibitt. h^^nMM.i 34. [23.] New Westroinistar, Sept. Jth, 1873. Dear Mr, Cridge : Much oFyour complaint is founded npon the aspumption that the Bishop in this Provinco has no legal authority. In this you are mistaken. The au- thority of the Bishop can be Ibgaliy exercised first, undtr the Letters Patient, which, having been granted by Her Mttjnaty before coDstitutional powers of Government bad been conferred upon tue Colony, are offeree and validity, and secondly, under the contract into which every clergyman has entered bj acceptance of the Bicibops Liceuse, and the oath of canonical obedience, to be governed by the laws of the Church ot England. All acta of eclesiastical dicipline done under these nanctions are legal, and must be reelected by the civil courts, [See Long v. Bishop of Cape Town]. Bishop of Natal v. Glad- stone. You next complain that this authority has been exercised in an arbitrary manoor, and that you have been treated unjustly. In the exercise of dici> plioe it is true that the Episcipal office has the heavy reoponsibility of combining in itself several fonotious. The Bishop may have to initiate pro- ceedings and be as it were, both prosecutor and jud^e; of this, however, you cannot reasonably complain, seeing that, pis a minister of the Church of England, you have accepted this form of government over you, nor is there injustice in my having acted on the evidence of my own eyes and ears. What is the use of evidence, but to bring to the mind of the Judge a clear preception of the facts as tliey actually occurred? It is uoi uecedsarily an injustice to pass sentence in spite of a plec of not guilty, and denial of the charge ; is not this done every day ? With regard to the mode of procedure, the private method is the most usrial. A Bishop is not bound to proceed in any particular manner. His forum domestieum is under little restraint from the forms observed in conten- tious suits in courts of justice," [leport of theComiasioners on EcclQSiastical Courts, 1832 p. 54]. In EuiJf'.and, notwithstanding the Clergy Diocipiine Act, he can proceed pe'sooally, and without process in court, to enquire into and adjudicate upon the alleged oCfeuce, '*Crip|i8," S2. He can in some cases deprive a* clergyman of his license and cure, refusing; his demand for a public trial and to have his accusers face to face, (see Poole and Bishop of London). la this land, w^£re Statutes of English Law affecting the Church are not in force, the Bishop's discretion is still more unfettered, and must remain so until a Synod shall establish a Tribunal of Discipline. The principles of sab itantial justice essential to everv proceeding, are stated by Dr. Lushing- toD, in. Poole v. Bishop of London, lo be these, viz ! — 1. That the accused should know when an accusation is brought against him. 2. That he should know what is alleged against liim. 3. That the matter alleged must be stated with sufficient precision. In my letters to yoH of Dec. 7 and 9; In my forwarding at your request the Ecclesiastical law books, marked iu the places where the oilf'ences charg- ed are described, and in giving you opportunity to explain your conduct, or to ofiTer any plea in extenuation before the censure, these principles of justice •were satisfied, and having endeavored, under a painful necessity to execute my office in a way usual in such cases, not without legal advice, I do not see that yoa can justly complain of any wrong having been done; having also carefully considered all yon have advanced, I see no good reason to re-open further this matter, which was decided in December lr.^t. If yon still feel aggrieved you can appeal 'rom my decision to the Archbishop of Canterbury. I am, Dear Mr. Cridge, taitbfully yours. G. COLUMBIA. 3ion. buest [arg- il, or nice ;ute not ring to the 35. [24.] Victoria, B. C, Sept. 4, 1873. My dear Bishop of Columbia: Some members of the Congregation having expressed regret at your not having preached at the Cathedral of late, and wishing to know why, I have referred them to you for information. On this subject I huve but two things to say vith regard to myself per- sonally. First, as long as you c;)nsider ''ri.>udlism" to be a mere "difference of opinion" between clergyman, and do not consider its advocacy in the Cathe- dral pulpit to be a matter of which any formal notice can be taken, I can have no assurance but you may one day advocate the same yourself, or at least favour its doctvine in your own teaching. I do not judge the accuracy of your view, as if my judgment could decide the question, but I must judge for for my own ministry, which is inviolate and independent, as long as I do not therein depart from the doctrine of God's word and of the Church, Your view of the import of this subject is essentially opposed to the whole basis and subslanee of my ministry, I hold, (and my doctrines have always been notorious to all my brethren), that ritualism and more especially the doc- trines of which it is the informal expression and which doctrines may be and often are fostered and taught apart from ritualism are irreconcilable with the doctrines of our church, our rending tli.it church to pieces in England, anvl are a deadly attack upon the cause of the reformation, whose battle is being fought over again. You are not bound to be of this opinion because I hold it as manifestly you are not, but my conscience binds me to say that I cannot welcome or invite to any participation in my jjersonal ministry any clergyman, however high his order may bo, who holds the view* on this vital question which you have expressed in connection witii the same. But to say that I will oppose your access to the pulpit as Bishop is an- other thing, and when any request is made to me on the subject it will I hojie receive from me the attention and respect which the otQce of Bishop demands from every clergyman of the church. Sept. 17. I beg to api)end to the above written last Thursday weejt my acknowledgment of your letter of the inst. in whicii j'ou declined to an- pwt.'r my question as to the evidtince on which you grounded the censure which has been the subject of this correspondunco." It is not to continue a correspondence of which, for the sake of my rias- toral work I am glad -o be relieved, that I write this, but to make still more apparent to you th^ jiioti:.'} (from my view) of my determination not to im- pugn the authority of the Bishop but to preserve, as far as in me ]'"}.s. my own • ministry, pure and violate. I will, however, state that I was prepared unless you bad silenced me to prove further that you have wronged me by partialiti/ against me in your oversight as Bishoj); l)y insincerity towards me in your statement as to other modes of redress open to me uj\der the outrage 1 protest- ed against, by misquotation of authorities and to sum up all that in a manner contrary to equity, and justice, truih, fidelity, and law 3'ou used your oihee as Bishop to intimidate me in the honest faithful and lawful discharge of my , ministry. These things I submit in./o'-o con.ocientice, and leave Ihem. I am glad to be reminded that it was a "contract" and not a bond of ficrvitude under which we entered into the relation of Bishop and Presbyter, and must Ix^ permitted to observe that there are always two sides to a contract, and that it was never heard of that one party to a contract should be both " prosecutor and judge" of the otliers violation of it except in ecclesiastical matters, in which it would apjiear from your arguments that a Bishop is not bound by the »ame kind of justice which governs other men. It IS because 1 believe j'ou have violated the implied contract between your- self and the church at large no less tlnui that which you have referred to us ex- siting between ourselves by your claiming for ritualism a right to be re(!0g- nized or at least to liave a footing as a part of the allowable teaching of our church that I as a Prcspyter of the eluuch having a right to a voice equal with your own, have written the f hove. 36. I hold your reference to the Arclibishop of Cantonbury for redress to be only a confirmation of your resolution to maintain this view. A more just and satisfactory way would be to refer it to the churcli in this country in which the Hupreme authority resides not the Church as consti- tuted in synod on the principles publiihed under the sanction of your name, but exercising a free voice. Before the whole body of the church then, I am willing if God help mo. to undertake to maintain, whether with voice or pen, against any one that you as Bishop may appoint, the atfirmation against, ritualism and your action m connection with it which I havr made above. Meanwhile I can only pray that the merciful Lord will bring deliverance and quiet to our unhappy body in his own way, but above all that in this land and within our church the notion of liberty to discuss doctrines under the r>aK>.o of opinions a notion wliich 1 believe to tend only to make tlie cliurch the bold of every foul spirit and a cage of every uncleun uird, may be disallowed aud come to naught. I will only add in conclusion that if I have said one word in this corres- pondence but what is reasonable just and true as pertaining to the rights of the meanest man, to say nothing of those of a minister of the church I shall he glad that it be pointed out and I will readily retract it. With sincere prayers for the unity of the church in the Protestant faith, sealed With the blood of Bishops and martys. 1 am sincerely nnd faithfully yours, E. CRIDGE. The Right Reverend Geo. Hill. D. D. Bishop of British Columbia. Pressure of pastoral duties compels a little untidiness which I hope will be overlooKed. E. C. [25.] [The Bishop to Rev. E. Cridg°.] Sapperton, Sep. 22, 1873. Dear Mr. Cridge. Upd some things contained in your letters of the 4lli and 17th, I wish to observe as follows : — 1. The staieooent in the sermon attributed the rituilistie movement to certain causes upon which there is, and may fairly he a dillereiice of ofiii.- icn; no particular practices were advoca'ed and while tlif movement wm Invorably regcrdcd, the apfiroval was limited by the expri'ssion ol n hope that the extrnvajjances would iu lime suhsido iini the good rem un. Tuough I did not agree with all that was said I heard notliirnj ihii was uoi neimis-i- l)le within tha limits allowed in the church of Kiiij;laua truth according to your view upon the sut)ject 3, To publish your views Hud protestaiiuii. 2. In oppoainp; any system in whicli we believe there is error, it is hard- ly christian, certaiidy not wise, to reluto lo aoknowledi^e whatever in it iheie may be of good. 1 observe you speak of ritualism as entirely evil, I ot 80 others who are living in the mid^l of it At a meeting ol the Hural Leans and Principal Clergy of the Diocese of Winchester about two months Rgo nadertbe preiidemy of the late lamv*iitdd liishop, the subject wkj dis- cussed in this tor"i. ''How can tuu earnestacss aud encrfjies of those called Ilitualtsts be directed lo the bcbl pur^iosi:, and tue evil rooted up without ^ 37. deatrojing tie good ?" Let ue recognize use, and bold fasft whatever Is good; while we as zealously and as faiihfully abbor and eschaw thai which is evi!- but do not let us eall (rood evil any more than call evil good. 3. With regard to the inlepeiidence of a clerayinan of the f^huroh of England in his ministry, he is of course, not independeot of the laws of the church ; he aiust not leach coiiirary to the doctrines of the church as laid down in the Prayer Book and Articles. Holdiny; a license to ofliciaie (roin the Bishop, he is removeatile tor just cause. But having been appointed to a Cure no one can olliciate in it without his coasent, with the exception of the Bishoi), or whoever exv-'rcises the otlice of ordinary. Tiie Bishop is the cbief Pastor of the Diocese, of clergy and people of the church, a>.d ean visit and excccise his ministry in every church wherever h.' pleases; usually he does this at confirmations and at his visitations ; and in practice at other times preach .'8 only when reqaested. In a Cathedral, however, the case is different. In it is the Cathedra, or seat of the Bishop, and there he is to bo most frequently present, the law being, see Barnes' ecclesiastiial laws (by Philjmore) vol. 1. p. 21. " Bishops si^all abide at their Cathedral churches and officiate on the Chief Festivitls and on the Lord's Days and in Lent and Advent." Not only does the Bishop by right more ''requently preach in his cathedral than in any other church, it is customary for him to appoint on certain occasions other preachers, as for instance »it his ordiuiitions and gen- eral visitations. Christ church was constituted the Bishop's Cathedral, the Deanery created and the Dean appointed under the powers contained in the Letters Patent ; by which also the Bishop is authorized to appoint other clergy to have places and consequently a right to ofliciate in the Cathedral. Subject to these conditions which only follow the custom of the church, the Dean if he is also a Parochial minister can otherwise independently carry out his ministry. Under this view which I believe to be correct, you will perceive that the Bishop officiates by right and not through consent of any other person when he ministers in his Cathedral, and that the contjregatioa there assembled are as much his flock as Chief Pastor as they can be to any one who holds his license. j;- I am, dear Mr. Cridgo, very faithfullj- votirs, ,, G. COLUMBIA. 14th, Oct.., 1873. My dear Bishop of Columbia. Prtgtoral duties disable me at present, (l)ut it is only I fear a doty de- ferred) from entering into assumptions contained in y^ur letters; assump- ti ' n which tome are subversive of all faith, sanctity ixui peace in the church ■' "'■ tend only to one thing, the erection of an iniane of Papal domination 1 ' ;. ' .lidst; the darling object of the sacrrdoial body in our cliurch and of n AC J than lh(j late Bi.-hop of Winchester whom you quote, but who to me 1^ ' • last and leHSt of all authorities. I C(i . .i)t however allow the season of confirmation to pass without drawing your alt.nlion to points on which I belie\e you have violated or de- parted from the order and doctrine of the chui'h. 1. The service of coutirmaiiou :s not the Bishop's service (as yon term it, and evidently reit?.:'' ii; 'my conhrmalion"), but it is a rite of the church to be ministered according to a prescribed order from which the Bishop h^i CO au'horiiy to depart. It is as competent for the Pastor of a conj^regHtion t» stop thf appointed order of morning E'rayer (for instance) before the re- cital of the Creed by the congregation, and to direct a [)ause for Silent Pray- • for the increased solemaiiy ol that act and to deliver aidresses with that '^tiw as it is for the Bishop to do 80 and as you have done in thb "order of fi afirmation." 2. You attribute Grace to the laying on of hands in confirmation a grace restrained in t me to that act. This I believe to be entirely without warrant either fiom Scriplurcd or 'he church. 88. 3. You attribute to Bishops descent from the Apo^.lea in respect to their being a distinct order in the church and in other respects. This also I believe to be devoid of authority as above. T believe I can give reasonably near your words if you i squire. May I kiope if you see fit to instruct my ignorance in this matter that jon will for the sake of precious time, refer, not to vague an 1 disputable, but conclusive authorities. Yours faithfully, E. CKIDGE. The Right Rev. Geo. Hills, D. D. Bishop of British Columbia. [27.] [The Bishop to Uev. E. Cridge.] Kew Westminister, 10th October 1873. Dear Mr. Cridge, From the tone of your letter of the 14th, , nd some expressions in it there would seem little likelihood of any profit from a correspondence upon the points you have raised. Let me refer you to the present Bishop of Win- obester's work upon the 39 articles, and Hooker's Ecclesiastical Polity tor information to enable you to judge bow far your opinions agree with the conclusioa of the most learned aid most moderate Divines of the Church of England. Faitiifuily yours, a. COLUMBIA. 28.] Victoria, 27th, Oct. 1873. My dear Bishop of Colombia: If you will point out any expression in my letter of the 14th, whica taken in its full and proper reference, goes beyond the just liberty of a min- ister in repelling, according to his couvictiops, erroneous doctrine from bis flock, or in defending his office, the authority of which is not of raan, but of the Holy Ghost, from what he believes to be illegal and unscriplural dom- ination or in guarding the due order of the church a duty as much binding on one as another ; I will gladly wilbdniw It. If in the support of the doctrines and acts complained of you refer to anthors, it is obvious tha t I c an do the same; and must be permitted to spenk of them &s I esteem tbem, and not as .you esteem ^ben^. while on the other hand if wishing to settle tbe mntler, you refer to iawtully constituted author- ities, I must cither bend to your reference or show reason why not. Hooker's Ecclesiastic il I'ohty is not an aurhority in this8ei.''e. Besides which his argument is in part applici\l)le only to the affairs of a national church ; lain part a matter of expediency, and in part is disputed by many both within ani w ttiout the church. 1 referred to that work before writing to you on confirmation and order.^, and cc id meet you on this ground, but larely it would be waste of lime and to no purpose, settling nothing. I, as I think a faithful and accountable minister of tho church, am en- gaged in defending my flock Irom erroneous doctrines and my ministry from threets and irritation. The prayer Book and the Homilies, with final refer- ence, in case of question to the Scriptures are authorities which all must respect, and one clear sentence from these (E. G. from the 39 articl^e them- eelves instead of from any t^ishop's work on the same), would settle more than volumes from authors, however eminent. The rule and principle of my ministry are plainly different from those which you would have me follow. I do not find in either of the above u.v ■ thorities any reference to •' moderate divinity ". Truth is one and oinipie, and admits of no degrees ; ministers as it appears to me aro not bidden whether by the word ofGod or by tho order of the church to follow "moder- ate divines", but to speak as the oracles of God. Yours faithfully, E. CRIDGE. [29.1 [The Bisliop to the Rev. E. Cridge.] New Wesliuinister, Nov. 1st, 1873. Dear Mr. Cridge: The tone and cxprcs.sions of your letter of the 14th, to which I aUudod were in part the soreness and irritation iiiidor wliicii you seem to write. To this I attribute the discourteous language in your last paragraph, your absurd and morbid statement of an attempt to erect "an image of Papal domina- tion in our midst", and your unreasonable attack upon the ordinary mode of conducting a confirmation. I much regret to learn that you deny confirma- tion to be a means of Grace, for I do not see how any chirgyman of the Church of England can consistently hold so extreme an opinion. The two authorities were not given on account of any estimateof mine respecting them, but beeaupe they are acknowloged Text books of the Church of England, uni- versally required to be studied by all candidates for the ministry as mosi fair and very learned expo itions of the doctrines and principles of our church. "With itiese you found your views upon confirmation and orders do not agree and accordingly you are prepared to depreciate them, It does not occur to you that they may possibly be right and you wrong : at least that they may hold some truth wliich you have overlooked, but you assume, as a matter of course, that your own opinions must be right and those who differ from you all wrong. So very confident a tone may lead to mistakes, and when driving away, what, from your ext feme point of view, j'ovi deem to be erroneous doctrine, you may be misleading your people, and fighting against the truth of God. Faithfully yours, G. COLUMBIA. [ao.] Victoria, Nov. 2r)th, 1873. My Dear Bihhop of Columbia: Permit me in reference to your letter of Nov. 1. without preface to ob- Bcrve, that; 1. I no not think the words " image of Papal domination " bear on the face of them anything that is " morbid" or "absurd". They are part of a sober proposition wliich wherever I see occasion or you shall require, I am prepared to maintain: viz. that the rule wliicli you aspire to exercise o 3r your brethren is a close resemblance in its nature, ground and origin to that sj'stem which under pretinice of a paternal domestic authority', has, i)roceed- ing from small beginnings, for so many ages, lorded it over God; Heritage. 2. It was a sincere and lawful request which I made in the last para- graph of my letter and one which I again respectfully and earnestly draw your attention as that which if complied with would sellle more than volumes of writing. H. T made no "attack" on the usual way of conducting a confirmation, C which I am persuaded yours was not ), but in words of simplicity, and I believe of truth, pointed out your imautlioi-i/ed doctrines and yo ur violation of the 'ioixler" of the chvu'ch, a view which, in the absence of alld 's i)roof. I must still hoki; 4. The sti'ictures of your letter, so far as I can sec, are absolutely against nothing else but my refusal to violate my ordination vows, and to sacrifice my own permations "g \<^ ■• Your extraordinary letter of October 14th was not nuirked jirivate, ami i cannot sec that you have any just ground for objecting to tho ctnnmunication of its contents to any person to whom I mic^ht tliink riglit 1o show it. Faith I'uiiv vours, G.' COLUMBIA. [.Hli.] December, 10th, 1873. Dear Bishop of Columbia: ^ « In referenee to your note of Dec. 1st, permit me 1o ask, does the Bishop think it his "duty," by private ciMiferenee with tlie "faitliful laity," to excitis their animosity, and to instigate Ihcm to use inflammatory language against their Pastor ? Yet such has been the ejfect^ (not the only one,) of his communi- cations in the present instance, and while I ask the Bishop to shew how sueh methods can bo for "my interest," I would remind him that it is not the simple perusal of a letter, but the manner and purpose with which it is com- municated, that produce certain eU'ects. Permit me als(i to say tliat my letter of the 14th Oct., was only so far extraordinary "as the proceedings which called it forth were so." Tho Bishop is well aware that 1, in common with a vast number of Protestants, both in and out of our church, hold tho doctrin(!s in question to bo of an essen- tially Romish tendeiKy and tliat to instil tliem under tho curcumstanccs cculd not but cause dissatisfaction and protest. I might, in reference to this and other matters between us, have agitated tho church by persuing certain methods indicated by yourself, but I have sought the peace! of the church, beyond all other things, next to its soundness in the faith. What less, with my convictions could 1 do, than writi; plainl3' to yourself? Is it wrong for the Pastor of a church to endeavour as he can to banish and drive away strange and repared to give reasons), that you favor tho sacrcdotal doctrines, and their Inid, "ritualism." It is surely better, that such ■I ■ ( 41. being my conviction, I Shovild slate it. And hnving said this much I hope I may also, without presumption, ask whether the last clergyman you have brought iiere, ^Mr. Mason, favours or holds tlio pame, or whether you have taken steps to ascertain ? I Bhall deem it only a duty to state my reasons for asking this question, should any more be needed, than the interest which every member has in the welfare of the body. I am sorry that you are offended with my confident tone, yet looking at our vows and standards, what bui r.edence in our belief, if we bo ready al- ways t V give a reason for it, othci , iso confidence may be only a folly and arrogance, becomes us as ministers of Christ and clergy of the church ? I could wish all the latter no harm, but to forsake the dr.rk and restless sea of views and opinions and to preach, defend and uphold the word. Dissensions and disputations would then have but little place among us, Meanwhile I must ask one question, if yuu can answer it; how can two walk together except they be agreed ? Yours, sincerely, E. CRIDGE. [33.] [The Bishop to the Bev. E. Cridgo.] Bishop's Close, Dec. 26lh, 1873. Dear Mr. Cridge: Your letter of the 15th I founl on my arrival from Cowichan, and I have been much occui)icd since. I regret to learn that members of j'our congregation have shown "ani- mosity" and used towards j'ou "inflammatory language," but I am not surprised, for complaints have reached me of provoking expressions in your sermons; and misgivings are entertained as to your loyalty to the Church of England. So long as j'ou set up your own opinions, which you appear to me to do, a? an infallible standard, and fraternize with those who arc conscientiously opposed to the doctrines and order of the Anglican Church; it is not strange that you first misunderstand, and then designate as erroneous in tendency, teaching which is perfectly consistent with the doctrines of our churcli, or that you should be le.^ into uncharitable suspicions. I must now beg to close this unprofitable sort of controversy. Faithfully yours, G. COLUMBIA. [34.] [To the Right Rev. George lUWa, D. D ] (fji/f/tj/, J ,£>- Dear Bishop Hills: "^ ^^ ^^^^Ouu: I should not have chosen this public mode of ntating my sentiments with regard to tbe movement just cooimeQced under your direction, for orgaaiz. lag a Diocesan tiynod, had time been allowed me to be prepared for tbo meeting on Monday last, I did not receive your letter till Fridaj — and bad it evea reached me on its date — tbe Tuesday preceding, — I could not have been ready, tbe time cboaea for this important movement being, as you are very well aware, thr: busiest time of the year for most clergymen. At tbo same time, knowing that von have no objection to this mode of delivering a protestation, I am glad to ndopt it as a means of making known to yourself, my brethren, and my peopie, both tbe reasons of my absence from the meet- ing in question, tind, to some extent, my sentiments on its object. And first, I feel that tbe proper mode of proceeding in a movement where not mere ideas, but interests and consciences were concerned, was to bave made known to tbe clergy and their congregations the matters of which it was proposed that tbe Synod should take cognizance, as well as tbe eon* stitutioQ of tbe Synod itself, in order that tbey might freely and deliberately 42. consider bow far it might be safe to ooDient to be bound by its decisions, not to seels sack assoraoee before throwing mjself into ibe movement, wuuld have been, I feel, on mj part at least, not only unwise, bat a culpable dis- regard of the icost sacred interests and obligations. Besides which, there are matters on which I for one, could not consent td be bound by a body constituted rh you prescribe; as for instance in the erection of a tribunal of discipline. I have been struck in reading the history of synodical movements in a sister Province, at the suppressed but resolute eagerness of the Bishops, to get hold of the whip over their brethren. There are other matters on this bead which I will not now advert to; but I trust I shall not be deemed personul if I state that my radical objec- tion to a synod, conscitued as proposed, is the nature of the authority of the Episcopate. As the Bishop must needs be, oof a President, but an estate ia that body, it is imperative that I state my views with plainness. On this subject I entirely dissent from the views of Archdeacon Gilson, published with your approval; and I presume, under your direction; senti- ments by so much the more dangerous as the character of that divine amongst us was held in such high esteem; who, in ascribing to the Bishop a divine commission with a divinely conferred right of ruling the church, leaves vast number of our fellow Protestants without a ministry, aad without a church. With these sentimeuls your own statements I mitintain, fully harmonize; the authority of the Bishop over the clergy, in your view, being such that it is independent of the ordinary rules of justice; that he can without evidence, trial, or law, even deprive them of their cure, — that is, their office and their living; from which it would appear that ceither a clergyman's character, nor bis subsistence, can be deemed secure, except through the Bishop's clemency or discretion. These assumptions, moreover, rest in great part on old laws, customs, traditions, and such like, so that no one who does not possess a library of this complexion, with leisure to con- sult it, can be in the least aware bow he stands; and so far as any certainty of knowing what the law is, is concerned, it is a standard which can be compared to nothing so properly as the Roman Catholic rule of faith. It is the dread that I shoald give even an implied assent to so tremen- dous an authority, that has made me hesitate to join the movement for a synod. When one knows whether by words or deeds, of the sword which — according to this view — is always hanging over a pastor's head, the shadow, even of a Bishop, strikes one with dread. I no longer wonder, when I look back to the cradle of dissent. A ministry earned on under or by the side of such a power, must become a ministry of horror and aversion, rather than of love. This is not irony, but trutb; and I declare it as the strongest evidence of my sincerity in shrinking from the proposed synod. A good conscience (I trust) and a higher name, and the word of truth con- taining no such thing restore my confidence, and disperse my fears. And I may, I trust, innocently express the hope that even a synod, with such blood as we have amongst us, may do more than Arcbdeason Gilson allows it to be competent to do; and that it will not only limit, but correct this authority. Permit me on the other hand to state what I believe to be truths of scrip- ture and the church; and the principles on which alone I could be one of a Synod. I believe that every congregatio n, with its accepted pastor, is a a^mnle t.ft church (the word and sacraments being duly administered therein); that a Diocese is no necessary part of a church; but that so far as it docs not belong to a national church, a Diocese is a voluntary cQulcflLctatiflP of churches, presided over by a Bishop, chosen or accepted" as their federal head, for cer- tain common purposes; the words " Church of England," and such like expressions, being used in the sense of law or accepted doctrines, and do not designate the present actual church or congregation of faithful men. The scriptures alone are binding on the consciences of churchmen, and are therefore the virtual law; the prayer book, as containing the accepted interpretation of the scriptures, is the actual or express law. Law, then, is ibo l.t:i 48. bond of unity which bishops and all must obey; and, as in the State, so in the Church, law is Iho guarantee of liberty. The only accountable and lawful expounder and interpreter of this law, whether of the doctrine, ritual, or order, is the pastor of the congregation ( persona ecclesiw, the ncUml church ), to whom not even the Bishoi) can dic - tate; into whose church he cannot come to share his ministry, or to oppose his " order. If a pastor and a bishop, whether under the name of a cathedral or otherwise, sliould, for convenience, honour, or gain, enter into a compact whereby the former -iompromises his accountability, so as to wink at or give place to erroneous doctrine, or unauthorized ritual, or violation of ordc.', for a single moment, both he and the Bishop arc guilty — sowards God of simony, towards the church (the actual congregation) of treachery. But the Bishop- may use his eves : l iis office is his Je^• and he should neither be blind to things which others gee, nor be too seeing where he might better be blind. If the pastor offends against the law in any of the above re- spects, then it is the office of the Bishop — if appointed thereto or accepted by the church, and being moved by the people — to take steps to bring him to account; ]}ut he cim^int jndtfe; h e is a narlv interost(!(j : either ho may have a friend or client to put into the living (if the congregation delegate to him this power); or he may be actuated by personal animosity; or by interested motives. The Synod of a sister Province — by what influence moved can \ easily be seen — has overruled this just principle of English and all law; another risk of synodical action which I Would by no means consent to incur, -, On the other hand, the principles of the American Convention?, which Archdeacon Gilson objects to, as cuitailing the divine rights of Bishops, are ^ that the Bishoj) (in the confederation of churches) is bound by the majority without the pow r of a veto. .The Bishop in this Province, on account of the invalidity of the Queen's letters patent — which in any case arc entirely inconsistent with the rights of the church — through the incompatibility of those letters with pre-existing con- stitutional rights of the Legislature, cannot bring an offender to justice except through the law courts and under particular trusts. And I confess that under present circumstances, I would prefer being tried by christian lay gen- tlemen, who are accustomed to weigh evidence, and to hold the scales of justice evenly, than by a tribunal constituted in the way in which I have little doubt a Synod would be taught to constitute it. There is something fascinating to many minds in the notion of the churuh being under one visible head, invested with divine authority to rule it. It seems to afford the fairest promise of unity and peace. It has been tried and found wanting. It has proved the fruitful source of cither of discord or dead- ness, and its legitimate tendency, after ages of trial, may be learned from the ' Reformation, and from the last Ecumenical Council. The traditional traces ' of it, unhappily are not yet blotted out in our own body; rior its memory from , the minds of those who, on account of prelacy, more than any other thing, left us. "When I first came to this country, a parent (still a respected resident in our vicinity) hesitated to allow me to baptize his child, until he received an assurance that it would not belong to the Bis ho p , not good Bishop Demers, but some supposed lord of mine elsewhere. "The Pope's recent letter to the Emperor of Germany, with that potentatcs's noble reply, may illustrate how the principles of divine authority in the episcopate, may be only papal domin- ation in a more limited field. The truth is, my dear Bishop, the divine authority is in the bodjy of the church ij ififllfi yhp n^t^tuflj oongreija^y i. and not in anv man or order of men. X doulit not that you, as Bishop, \vith (as you suppose apostolical succession, are most sincere in your convictions, that if all the clergy would consent to be, not what they are, the churches' curates, but the bishop's, it would be for the good of the church. The church would be a happy family; the pastor would be spared the pain of driving away strange doctrines through tho Bishop's being recognized as the supreme and only arbiter. But it cannot be. Our vows before God and man will not permit. ;} , 1 44; In conclusion let me express. my solemn conviction thfit vhi? is a lime for rU protcstant bodies (to say no more) to be united m the common faith, nud in christian works; not ft time for joftlousies and cnvyings nnd mftlgntion. 2o truth is that divine luithoiity is in the ])ody of the church itself, the fiotunl congrogft- tiun, nnd not in any nmn or order of men." " The governing ftutliority of JJi-shops in the Church of Enghmil in not inherent in tiie olllcc." "The gov- erning authority in tli(Mhiy» of the Apostles was in tlu; hody of the church itself." These statements contradict the jirincii>les of the Church of England wliii'h dechue that I'ishops are admitttd to ^'government in the Church oft Clnibt," and each IJishui) is thus charged **to correct and ]>unish according to such authority as you hiwve by God's word suchaslio unquiet, disobedient and criminous within your Diocese." (See consecration of JJisliops.) You have your»elf boon solemnly asked at your ordination, "will you reverently obey your ordinary and other ciiief ministers unto whom is committed tlie charge nud government orer yon?" And you have answered, "I will do so, tlio Lord being mylielper." You have also more than once taken the oath of canonical oheditnee to the Bishop of the Diocese. IIow can you now declare that the governing au- thority is not in the Episcopal office in any man or order of men, when you j'our>elf polenuily and imblicly recognized it? i5. — The obligation of Riles and Ceremonies. You say, our church makes •Jliles and Ceremonies not of Divine Institution to be not binding on the con- science. You have subscribed a declaration "that the book of Common I'rayer and of Ordering l]isho]>s, Pri(\-^ts and Deacons, contain in il nothing contrary to the word of God, and that you will u.->e the form i)rescribcd in the said book, and none other." Do you mean to say after this that it is not binding on yo\ir conscience to use, uphold and defend the rites and ceremonies in tliat book, whicli are not of Divine Institution, tliat you may if you please omit the use of them, or disparage tlu^m ? So far from admitting this right, the church, in Article XXXIV, which you have also subscribed, declares: — "Whosoever, through his private jiidgmeut willinjjly and purposelj doth openly bretik the traditions and cireniouics of the church which be not repugnaut to the word of God and be ordered and approved by common authority, ought to be rebuked openly, that others may fear to do the like as he that oBendeth against the common order of the church." To claim the liberty not to observe what you have s j solemnly engaged to do is immoral. Many of your expressions are designed evidently to biing into contempt the Episcopal office; such as " its sword always hanging over R Pastoi's hend;" "the shadow of a 15ishop strikes one with dread;" the unworthy motives you attribute to the " 13. shops of a sister Province in their suppressed but resolute eagtiraess to get hold of the whip over their brethren;" ycur story about the ignorant settler who wished for baptism but objected to a Bishop; that about the "crozier" your ungenerous attack upon your Churchwardens to whom yen have been so much indebted " as spies of the Bishop;" and other remarks in a similar spirit. All ibis would not be surprising in a bitter congregationalist, or an open enemy, but ii indefensible on any principle of christian charity or common honesty, io one who is acting as a minister, and eating the bread of the Gbarcb of England. Regretting to be constrained under a sense of duty thus to write, I am, dear Mr. Cringe, Faithfully yours, G.COLUMBIA. [37.] Dear Bishop Hills: My thcagbts are 80 much occupied at present with arrangementa for Lent that I cannot now formally answer your letters, especially that received yesterday in refereace to my protestation against your asaamptioa la tb« matter of Synods. 46. I am eztremelj glad of the proapect of the opportunity, (and I trust I •ball have grace to eoibrace it witb bunaiiity and trulbfuloeas), of fnrtber Tindicating the principles of charity and sound doctrine, as taught by oar church according to the Scriptures, as well as the fldeliiy of my owa ministry, Meanwhile I must protest (with all respect to yonr office) agniost your making my pulpit (as lasl month) the arena for designedly teaching doctrines contrary to those which I teach, against which, prirutely imd publicly, I havo to yourself protested as entirely unauthorized by Scripture or by our obarch. Your letter of Dec, 30tb, signifying your ''purpose" to preach at stated times, I havo as yet, for peace anke, forborne to aoswer, and not bectose I admit the assumption which it appears to advance. I will only in conclusion ngain repeat my unaltered determination to abide by the doctrine and order of onr church "in all things lawful and honest," and again, untreat you to do the same, in the spirit of Apostles and of Our Lord himself. Your*, faithfully, Feb. 14th, 1874. E. ClilDOB. [38.] [The Bishop to the Rev, E. Cridge.] Bishop's Close, March 23d, 1874. Dear Mr. Cridge: It is nearly six weeks since I required from you an explanation respect- ing certain statements opposed to the principles of the Church of England, published by you in the local papers. !n a note, dated Feb. 14tb, you excused yourseif from replying at once formally on account of press of work at that time. I must now require an immediate attention to my letter. lam, faithfully yours, G. COLUMBIA. [39.] DIOCESAN SYNOD.— ADDRESS OF THE DEAN OF CHRIST CHURCH TO THE CONGREGATION. Editor Standard, Sir: At the request of several members of the congregation, I avail myself of your columns to publish the following address to the congregation of Christ Church. The obvious tendency of the Synod, on the principles proposed,. is to estab- lish a system of centralization, highly prejudicial, in my opinion, to life in the church, and one which, I tliink, every church person throughout the Province should seriously consider before consenting to it in any way. The whole course of events, from the ritualistic teaching of the Arch- deacon at the consecration of the church, down to the covering of the church doors with electioneering placards, without my knowledge or consent, is so illustrative of the danger in which we stand, that I feel it my duty to raise the voice of warning. For myself, personally, I feel little concern what may be said of mc. I may bo mad, or false, or anything else. But when any attempt is made to defame my ministry, or intrude upon my office, which I havo received in trust for the church, as well as for myself, I shall not hesitate, if I believe the interests of religion require it. to give it to the light of day. I only hope the congregation will bear this disquietude in hope of a greater peace in a brighter day. I have supplied two or three points accidentally omitted inthe delivery. 47. I may observe that I »hould not havo publifihed tl»o Birthop'g "judRmont" ..-a I not proviouHly used my best endeavors to convince him of what I con- ceived to bo it8 truo character. Yours faithfully, March 2flth, 1874. B. CKIDQE. Dear Brothron, In addressing you on the subject of the proposed synod I wish to be plain, inasmu(;h as it is a public question, ufVectinjf church people throughout tho Province* and the public acts of all co'^curned are open to discussion. But I wish also to address you in the spirit of ciindour and charity, ns one who would in all things seek the edification of tho churtdi, and the ad- vancement of true religion. And inasmuch as this is purely a pastoral address I do not propose that there should be on the present occasion any dii-c ussion or resolutions. And I am sure, as this is, in a sense, a religious meeting, you will also concur in tho desire tnnt there should be no demonstratit.n, whether of applause, or otherwise; for although personal qui'sticms must uiiavoiilably be touched, it will not, I hope, be in a personal maimer. And here I may offer a word of exi)lanation as to the course I havo pursued in reference to the movtiment so far, and my reasons for not joining in it. My reason is simply this, that neiilusr the congregation nor myself havo had a free voice in tho matter. "\Vo have been expected to mov(( in a channel marked out for us; that channel, unhajipily, being one which my own conscience could not approve. It wag right that tho Bishop should have set forth his views before tho congregations. But, that being done, ho should, in my humble judgment, havo retired, and left the congregations and ministry free to deliberate on his proposals. Oa this ground I protested three several times against the evident unfairness of expecting myself and coDgregation to ho bound by a movement of the nature and ends of which the mnjorily, I r. perauiided, are still pro- foundly igooraut. And I must also observe thm this movement, so far ai authority is coDcerned, is only the act of individuals, however highly es- teemed, and not of the congregation. Now I believe that the true business and end of a synod is that of a voluntary union ot congregations, who have agreed on their common faith, to combiae their strength in spreading abroad the gospel and in common christian works. And had these been purely the ends of the present move- ment, I for one would not have opposed it. So far from this being the case, it has at the outset been grounded on principles utterly repudiated by a large body in the Church of Kngland. I must put this matter plamly before you, because I declare to you ray convictioa that the purity of the reformed faith is in danger from those principles. Had it not been for the occurrences which took place at tho consecra- tion of the church, when, before you all, I protested against ritualism; and had it not been for what has ensued from that protest; I, too, might have been led into the unconscious acceptance of principles, the nature of which I might have discovered wbeu too late. What has subsequently happened I feel I must now briefly put before you. It is a duty which I owe to my ministry and the cause of truth; to my family, and to you, my beloved brethren. To you, the congregation, because ever since that protest there has been a something, you scarcely have known what, dip_ torbing your quiet if not obstructing your edification; to my ministry, that j may not be supposed to have exercised it anlawfuliy; to my children, that m^. name may not be a reproach to them when my lips are silent, I must therefore put a certain letter before you; a letter which, wbat« ever others may have done, I have never communicated, nor spoken of except to some very few members of the congregation, who have sought of me an explanatioa; and jou will beai' me witness, my friendi, that whatever 48. ?vrorig may havf been done to me, I have not pfone whispering among jou to foment di8Benf'.>n8, What I say, therefore, I say openly. The letter to v/liicb I allude isa judfyment passed upon me by th« Bidiiop for the protest which I uttered on the occasion referrsd to; and I produce it uow in order, first, that this element of disquiet, — so far at least as it is a hidden one, — may be be removed from amongst you; and also, because it forcibly illustrates what 1 wish to say as to the dangerous nature of the principle on which the projected synod is virtually based; the doctrine, I mean, of the apostolical succession; the controversy of age and of all the churches. And here I wish you to bear in mind, that I bring this before you as an offici ! net on the Bishop's part, and not as a personal matter; the =aid letter heving'bpen sent by him to the Churcbwardens (who did not send it back) ftnd iberefort virtually published. What I therefore now eay to you is in Eome sense my defence, as well as pertinen' to my general argument. This is the letter : — Bishop's Close, Victoria, December 14, 1872. Rev. Sir:— H:\vinp offered yotj, with no pood re."ult, severaF opportunities of ex- pressing regret at your conduct on the 5th of December, a regret which should be expressed to yoor Bishop, who was unhajipily present an eye and ear witness of the sad scene; to your brother minister, whom you openly jnsulifid in the House of 'jiod, ard to th'e concregation whom you disturbed iiud distressed, it now rera;iiu3 for me to discharge a most painful duty, the more painful considering your position as Deai of the Uathedral, and as senior clergyman of the diocese, from whom might be expected at least ao exaaiple of self-control, proprirty and order. On the 5lli of December, at the eveninjr service of the day of Consccra- • tion of Christ Church, immediately after the sermon by the Archdeacon of Vancouver, i itead of proceeding with the service, you stood up, and iu irri^aling and chiding language you denounced yoar brother clergyraati by name, and Hinongst other words declared thai he had violated the liuv of the church, ihi' law of the land, and the lon Lhe iy. it 'i \ c Considering all tliose circumstances, considering the public scflndnl yotl have caused, the outrage upon order and propriety in divine worship, and violation of the laws expressly framod to prevent such an unhappy exhibition, I should probably be justified in taking a course much more stvere; considei- ing, however, also your long and faithful service in the church, that you were probably unaware of the laws which prohibit such actions, and that this is the first grave oftence of it.. y kind in the Diocese which I have been called upon to notice, I take the most lenient course I can adopt, and I inflict upon you only a grave censure. As your Bishop then I censure you for your conduct on Tlmrsday, the 5th day of December, 1872, and I admonish you to be more careful in future. Witness my hand this 14th day of December, 1872, G. COLUMBIA. To the Very Eeverend Edward Cridge, Eector of Christ Church. Victoria, And Dean of the Cathedral. Now, my brethren, the best answer I can give to this letter, is to repeat, in my protest now before you, all that I dtd say, as word for word I may aver I wrote it down, after delivery, having spoken with deliberation. Its tenor is confirmed by otliers who also wrote for me their recollections; I am confident you will llnd in it nothing that will contradict your own. After a pause, and tlie preacher had left th pulpit, and before giving out the hymn, I turned myself to th(> ongregation, and said: — M3- very dear brethren and friends, it is with feelings of sorrow and humiliation that I feel myself compelled to take an unusual course. Some- thing has been said in your ears this evening, upon which I feel myself impelled by my conscience as your pastor to have the last word. (Subdued applause.) I do entreat you to remember thai this is the house of God. (Perfect quietnes.^ to the end.) I have ministered among you on this spot for nineteen years, and this is the first time, — and I humbly pray to God it may be the last, — that I have hoard ritualism advocated here. I know I am weak, but I trust I can say in dependence on God's help, that ritualism shall not be introduced among you, as long as I have a voice to raise against it. I have three reasons for this, which I give to you in no controversial spirit, — first, that it is contrary to the Scriptures. The temple is referred to in support of ritualism, but it, with all its ceremonies, was according tc a pattern froni heaven, and is therefore no authority to us. Secondly — it has been declared to be contrary to the law in England. And thirdly, it is not found in this book — the Prayer I?ook, — which is my only guide for ministering among you. Fur these are the reasons, which I trust with God's help not to give my con- sent to its introduction in this church. Now, my friends, it is a well understood principle that when a man's office, or Jiis rights, or his trust, is in danger, he is at liberty to utter a protest. And even should ho in tin; suddiui unexpected emergency, somewhat exceed the accustomed restraints of language or conduct, it is pardoned for the urgency of the occa-ion. The mi>st despotic pope would not forbid this liberty; for he might be furbifldiiifr n tlcfondor. If thesern.on in question had been an attack on sentimepts held by the Bishoj), as it was an attack on those held by the minister and iiis congregation, — th(^ Bishop himself w->uld hardly have failed to thank his defender, and to load him wi^^i his best i-evf.'Js. believed, for my master, more, when I stood church, the up, How much and for my church, in defense of the ministry v Inch had been en- trusted to me with the most solemn adjurations. Still, had I acted in the manner described, I should have been unworthy of the ministry. I have th(! consolation of believing, from nunierous testimonies, that the step was approv(!(l by the congregation generally, — some of whom even on their dying bnls, have ivferred to it with tears. But in fact th(;re was no other way open to mo of dealing witi *hh of- f«;iisivo discourse. There was no tribuniil in the country which could have d.-'alt with the erroneous doetri-ie which I believed it to ooniain. I had no hope that the Bishop would rebuke the preacher. He has indeed since intimated that there w&t nothuig in the sermon which went beyond the li r y of opin- 50. ions allowed in the Church of Engltind, and of which any fdrmal notion could be taken. I may obsei-ve, my brethren, in passing, that the preacher* on that occasion, was guilty of a great breach of trupt in using my pulpit to teach doctrines which Iks knew were notoriously adverse to my own. The pulpit is under the exclusive control of the niinist(;r who, as ho must have known, is accountable for the doctrine taught, so fur as in liim lies. I say, then, that in this case, — in the case of the letter I have read to you, condemning me for my protest, — the Bithop, relying doubtless, on tho irresponsible authority which I am sure he sincerely believes ho possesses, combined in his own person the functions of prosecutor, witness and judge; functions which, I venture to say, except in the ecclesiastical law, (if this be lav/) or in your Government over infants or slaves, are never allowed to meet in one i)erson. I must also observe, that on applying to tho Bishop to know what others witnessed against me, 'hi what council, if any, this sentence was decided on; and what record, if any, was made in the archives of the diocese; this infor- mation was refused, and I was referred, for redress, to the Archbishop of Canterbury, which moans, I believe, a costly lawsuit. lam quite sure if Archdeacon Gilson knew these things, he would write somewhat differently from that which I road from his pen in tho "Standard" of to-day's date. Now brethren, I put this case in connection with the synod from a chris- tian point of view. It has, I believe, been impressed upon you that the synod is to heal tliis and every other wound of the church. Now it is not a synod in itself that I object to, but the principles on which the proposed synod is grounded. And seeing iii this case the working of these principles, and feeling certain from the very nature of the assumption on which they are based, that they will still work, though in another form, the question arises, is it safe to go into such a synod ? Who will suggest a tribunal by which such a case as this could be tried ? For I find in the proposed synod no provision made for trying tlic Bishop himself, Avhoover may be tho incumbent of the office; I wish to speak with all respect. This is a public question. Wo are constituting, or professing to confstitute, the church for our children. And surely we cannot omit from our consideration the chief part of that constitution, — the head. Now, as in tho proposed constitution, the Bishop can say "no" to every proposal of the rest of the body, it is plain that no tribunal can try the Bishop, except a revolu- tionary one, — i. c, one which will destroy the prerogative. It may be supposed that the convention will alter this. The Bisliop does not suppose so. He has adopted the resolutions which include, — though they do not express. — the veto, as the "understanding" on which the convention meets. See tlie circular to the "Clergy and Laity." And in looking over the programme cet forth I must express my own feelings that there is appar- ently little that savors of religion in the movement, but much thm resembles an approaching political contest. At least I must say that when elections arc directed to beheM in any church, — for the registrar of the diocese, it would seem, has kindly arranged that this proceeding shall take place in tho .^acred edifice itself; — (subject, I believe, to the approval of a committee) — and when tho communicants and congregation are called to what may be a party strife, T'here no sound of discord should ho heard, it does a little grate on my ideas oi the sanctity and devotion Avhich one would like to see preserved amongst us. But to revert to (he question from the Christ Church point of view. How is the synod to heal the wound wliieh was opened at tho consecration, and has been increasing ever since, rendering my ministry a continual protest ? Will it forbid me from protesting against faUe doctrines, or compel me to admit those which are subversive of my own ministry ? . Tho synod might, I am well aware, — if one consented to be bound by it, — be taught to put a rod in any bishop's hand, by means of an ecclesiastical tribunal, under his immediate guidance, tu keep ministers who taught contrary to his will, in a kind of subordination ? But what sort of uflity is that which would bo achieved in (his manner? It is said, indeed, that a vSynod will not be called upon to give judgme n 51. upon doctrines. There i« a frtllncy hero; for one of the objects of a synod is to frame laws of discipline. "Whatever tribunal, therpforo, ihz synod erects, will judge doctrines, — whether they are, or are not those of the Church of England. The meaning, of course, is that the synod will concede to the IJi'^hop, pro])ably with such assessors as he may call to him, the power to deal with doctrines. In this way the organizing meeting, — and but for the circumstance above mentioned, I probably should have been one, and have done as my brethren did, without knowing what I was doing, — have virtually decided, by adop- tion, doctrine, vi/. ; the doctrine of apostolical succession, — on which alone the. veto rests. Now, in reference to this doctrine, which we have so quietly accepted, or at least allowed, let me quote a reply of the present Bishop of Exeter, — Dr. Temple — to some of the Tractarian body who wished him to declare that this was the doctrine of the Church of England. lie declined, saying vatlnir felicitously, that while the church had provided that her "min- isters should have that successit)n," "" ' ' ~' " traditional sense, — "as a matter of t. e,, ordination by Bishops in the fact she had omitted from her articles all mention of that succession as a matter of doctrine." 1 must not pass over the evident intention that the synod shall declare the cViurchwardens to be the bishop's officers. I hope our own churchwardens — ant' I say it with the most sincere aripreciation of their valuable and assid- uous services — will be able to explain at the approaching annual meeting the grounds on which they have, as it apptiars to me, acted for some time past rather as the Bishop's agents than of those who appointed them. Such a canon, if passed, must produce the most disastrous ellects upon the harmony of congregations. It has been suggested, and I think it not improper to advert to usage, that there is danger, if I give my consent to a synod, of the Christ Church Trust being atfected. I only glance at this, as the land being part of the fiuppor* of your ministtn*, you are as much interested as myself. And the question has been raised how it may bo consistent with the Bishop's office, as trusi.;e, to pursue a course which may tend to draw the cestin que (ruste, which is myself, into a proceeding which might endanger his vested rights. I want you to see how Ibis matter stands in another point of view. I ex- ercise my ministry, and hold what may be called my living, under a trust deed which renders me safe from all molestation as long as I conform to the laws of the Chm-ch of England. That trust deed conflr'.if.'d and conveyed for my beneiit, fust the land which was promised to me by exp. »ss covenant be- fore I left England, and which I entered on some five years before t!u' Bishop came to this country. If I olfend against thes' ctrnies I must be tried for breach of trust bj' ordinary course of just law. if I were not to be bound by a sjmod which shall have authority to decide in ly i-ase upon the infring- .. ment of these doctrit ^«,, I come under a different law; and mi ht one day find that in the ostimr.t' \ jf a certain close tribunal, I am judgt d lo have violat'-d these doctrines. A looking at the synod in its constitution of voting by orders, what hope might I have m a body where a majority of one's brethren, as I believe is now the case, are dependent on the Bishop for removal on any qnestion in wlii'^h I r might have the misfortune of diflering from the Bishop. 1 say it with nli re- 5 spect to such of my brethren and to the Bishop himself. For though I cUt it as a personal question, I doubt not that some of my reverend brethren, whose positions, like iny own, is settled by law, might find themselves in both the above respects in essentially the same altered circinnstances as those which I have described. It may be expected that I shovild shew my own views with regara to what might be a desirable constitution for a synod. I must first rppeat my sense of the insuperable differences which, to my mind, exist in ao reeonciling religious differences as to render possible an arrangement fur deaii'if; with doctrines wh.ch shall be latisfaolory to all, wheu jou call to tniad (and I speiik this without judging who is right and who is wrong,) that fiiDdamontHl differences exist between the Bishop and some of ^be clergy, and between some of the clergj and othera. Yuu can se* r I! .02. the difficulty; tbere are but two wnya of gptlinjr over it both of which are oppnied to hII r>:li){ion and fuith; the first is sabmittiaj^ questions of doctrine to the will of ft majority anoong tlie opponents, or conippliing all lo teach as the Bishop bdliev>3s; which with the most sincere coiivictioo on the Bishop's side thai it is the only means of purity, is, I apprehend, one aiain obji-ct of the morement. How much better 'or congregations, being lawfully constituted under Cborrh of England principles, rttther to pray aud trust to u Gracious God to maiatain amongst them its pure faith. Bat with this reserve and without knowing until the time comes whiit coarse I might myself feel it right to adopt, I think that the whole body should deliberate together under tue presidency of the Bishop; every question being decided by a majority of clergy and laity with equal votes, the Bishop having when necessary the casting vote. By this method I think all qiie-i- tioo3, — those of doctrine being as above excepted, might most satisfacto/ily be dealt with. I shoald deem it just also that questions affecting thu internal affairs of congregations should be communicated to all the congregations beforehttnd with a view to their being determined at a subsequent session, aud only congregatioQB to be boand by such decisioa as con^ eut to it. For I see no necessity for the iron band of unforraity being so stringent- ly placed on congregations as to destroy their independence and freedom of action on their own internal aifairs. And I hope to see our own congrega- tion waking up to a more lively interest in itj own alf.iirs. At the same time I consider that the Prayer Book must as it now is be adopted in its integrity, subject only lo such exceptions as are demanded by our own situation outside the national cliuruh and for the reasons I have above stated, any cases of violation of it should be dealt with simply on the grounds of a breach of trust by the ordinary tribanuls. I would make one remark in reference to a wild statement I have been told has beet; made, that I have asserted that Bishops are not necessary in the Church of England. Why my brethren, I am by birth and education an Episcopalian, and by choice, an Episcopal minister, I believe the Episcopal office when exercised according to the principles of our church, to be most reverend and beneCcial, and is just authority to be most readily and gladly submitted to by all who are under it. Bat I ask is the Episcopal office, that is as in the Church of England, necessary in the Presbyterian, or other churches? You know that this has been one of my objections to the doc- trine of the apostolic succession; which however its consequences may be deprecated by charitable kind hearted men like Archdeacon Gilson does, as we bear it taught, and I fear, see it prt.cticed, involve as its logical sequence the conclusion that such bodies ere uot proper churches at all. I thank you very much for your kind forbearance in listening to me this evening, I have no doubt omitted points of interest and perhaps of impor- tance; but I hope you will give me credit for a sincere desire and endeavour, however I may come short in the performance, and however I may differ from some whom I respect and have to form all my conduct and sentiments as near as 1 can according to the will of God. '"' I would only, in conclusion, ask you to make those matters the subject of your earnest prayers. 1 will not disguise from you that I view the future with some anxiety, but not without hope, God is light and wiil guide us it we look to Him. One of oui greatest evils is interference. If we can but have peace — a blessing indeed most to be desired by a christian people — it seems sometimes to matter little what, on a point more or less, is our faith. The chief danger I shculd apprehend to the congregations should a synod as proposed be carried into effect, is the settling down into a dead level of uniformity, with peace purchased by no little aucritice of tru'i. May God avert the danger. I i; been ry ia aa opiil moat adly that ther doc- y be 8, as ence thta ipor- our, from ,B as )ject lure us it but -it litb. ti HS il of lUod 63. I 40.] Dcfar Bishop Hills: I tiiid it unposdible to deal with the allegaiiong id your letter till after Easter. Ideanwhili? I feel it a cbristiaa duty not only to nffirm that its accusa- tions are groundless, but also that the letter ilaclf abouiuls with iiiaccurticits both of statcnent ard reference. I mention this in order that, should you Eee tit to review it, you may have the opportunity of doing so. Yours, faithfully, March 28th, 1874. E. CRIDGE, [41.] [The Bishop to the Rev. R. Cridge.] Bishop's Close, May 25th, 1874. My dear Sir: i have not received your return to the Articles of Enquiry (or 1873, sent you in February last. I must request your replies without delay. Faithfully yours, Very Rev. Deau Cridge, G. COLUMBIA. [42.] -r [Bishop of Columbia to the Churchwarde- s.] Bishop's Close, June 22d, 1874. Gentlemen: It is my intention to hold my annual visitation of the Cathedral on Thursday next, at 2 o'clock. Should that day and hour be inconvenient to yourselves or the Dean, I shall be glad to be nciified, that I may fix another day. Faithfully yours, To the Churchwardeas of the Cathedral, G. COLUMBIA. [43.] : ^ [Bishop of Columbia to Rev. E. Cridge.] Bishop's Close, June 22d, 1374. Dear Mr. Cridge: .i^r; - . «:^: ,; m •'tU:» It ia my intention to hold my annual visitation of the Cathedral on Thursday next, at 2 o'clock. Should that day and hour be incuavenient to yourself, or the Chuichwardena, I shall be glad to be notified, '.hat I may fix another day. Faithfully yours, .::.v ■>.-..,;, uu,i- ;''f-i ■.-.,, I .. .:; V,, ^ ■> ,,.; G.COLUMBIA. [44.] -; -Aii ,f "? ^..o^ ,',r Victoria, B. C, 23d Jane 1874. My Lord Bishop: In reply to your letter of yesterday, I beg leave to say that it will not be convenient to receive your Lordship's visit at Christ Charch Cathedral on Thursday next. I will confer with the Dean, and my fellow Churchwarden, and will - write to your Lordship again upon the subject. My Lord Bishop, your very obediebt servant, i 'I A. F. PEMBERTON, Churchwarden. The Very Rev. the Lord Biehop of Columbia. h 'i 54. 1.45.1 [The Bishop of Columbia to Rev. E. Cridge.] Bishop's Close, Juno 29th, 1874, Dear Mr. Cridge. Mr. Pemberton having informeo me that the day T named was in*- convenient, I now appoint Friday next, July 3d. at 4 o'clock, for my visitation ot the Cathedral. Faithfully yours, G. COLUMBIA. i [46.] Victoria, B. C, 2d July, 1874. My Lord Bishop: I have conferred with Mr. Williams, the other Churchwarden, and pend- ing the result of a memorial to His Kxcellency the Governor-General of Canada, a copy of which we forward to the Archbishop of Canterbury, w*, the Churckwardens, most respectfully decline to receive the visit of your Lordship. In the address headed '« Diocesan Synod," and signed " G. Columbia," the authorship of which you do not deny, but our right to interrogate you upon which, you, through Mr. Drake, question, you appear to us to have seceded from the Church of England. It you have done so, you cease to be a Bishop of the Church of England, to which we, the Churchwardens of Christ Church, belong; if you have not seceded from tbo Church of England in convening a Court of Convocation and Holy Synod, without the assent of the Queen, you have assumed a greater power than that possessed by the Archbishop of Canterbury, and we think, have encroached upon the prerog- ative of the Crown, to do which is, we believe, a misdemeanour. 1, I had been Churchwarden of Christ Church, several years before your arrival in Vancouver Island, and after nearly ten years service in that capacity, resigned my office, principally for the following reasons: When you said you would stop up the Roman Catholic approach to the cemetery, I expostulated with you without effect. You persisted, and the consequence was an action at law, in which you were defeated, and the costs of which, some $600 or $800, I believe, you, as trustee of the Church Reserve, charged against Mr. Cridge's income from that source. 2. When you stated to Mr. Shepperd and myself, as Churchwardens, thatit was your intention to remove the Church to the plot of ground fenced off for that purpose, and adjoining your Lordship's palace. I strongly ob- jected, notwithstanding a road running through the edifice, was placed upon the official map of the Church reserve, and I believe it still remains there. I would gladly have continued to avail myself of the cessation from care and anxiety which I have enjoyed since my reoignation of the office of Church- warden, now some eight or nine years, but recent events in the Church, call every friend of hers to the assistance and support of one of her most devoted and excellent ministers, our much esteemed, our long and greatly respected Pastor, Mr. Cridge. In conclusion, supposing your visitation to be in the nature of an Ecclesiastical Court, if not under licenso from the (Jueen as head of the State to which in your Synodical address j/oj/ say you^Oive no allegiance, permit us, the Churchwardens, to ask under what authority do you hold a Court of Visitation. I remain, my Lord Bishop, Your very obedieat Ecrvant, A, F. PEMBERTON. For the Churchwardens of Christ Church. 65. [47.] bear Bishop Hills, I have received a comniunicaUon from the Churchwardens, stating that tbey havo inforinea you that ihey respectfully dtclin« to receive your visita- tion pendiug ihe result of a memorial to the Governor-fieneral of Cauada, aud DOtifying me that it will be therefore useless for me to attend. Yours faithfully, Victoria, B. C, 2d July, 18U. E. CRIDGE. [48.] [Bishop of Columbia to the Churchwardens,] Bishop's Close, July 2d, 1874. Gentlemen: There is nothing in your letter signed by Mr. Pemberton which I have just received, to justify your refusal to attend ray lawful visitation of Christ Church. I therefore intorm you again of my iotentioa to hold my visita- tion to-morrow, at four o'clock, and shall require the doors to be opened, the books, registers u.d other goods of the Church to be ready for my inspection. I am. Gentlemen, Faithfully yours, Messrs. Pemberton and Williams, G. COLUMBIA. Churchwardens ot the Cathedral. [40.] [The Bishop of Columbia to Rev. E. Cridge.] Bishop's Close, July 2d, 1874. Dear Mr. Cridge. I am sorry to have again to inform you that it is my intention to hold my annual viaitatioa at Christ Church to-morrow, at four o'clock. The Churchwardens to whom I have repi ed, are leading 70a into a serious posi- tion if they inddce you to refuse 10 attend I am, Dear Mr. Cridge, faithfully yours. G. COLUMBIA. .>:;.' h-; - [50] •^; v*, V , ■:■■■ Victoria, B. C, July 3d, 1874. My Lord Bishop. By courtesy, we address you as formerly. In reply to your letter of last evening, we beg to say that as you have failed to inforruj^us according to our request under what authority and by what law, you hold a Court of Visitation, aud without any legal summons or citation, require our attendance thereat, we must still respectfully decline. As soon as you shall make us aware in this or any other of your episco- pal acts, that we are bound by law, we as law-abiding, will most cheerfully conform. .... We remain, your very obedient servants, A. F. PEMBERTON \ „. , , r ni. • . ou u ROBERT WILLIAMS J" d^fchwardens of Christ Church. The Right Rev. the Lord Bishop of Columbia. [51.] [To the Right Reverend Bishop Hille, D. D.] I, the undersigned, though concurring in opiniou with the Churchwar. deny as to the illegality of your proceedings in sundry matters all'ecting th 56. Gburcb, nndcr the name of a Bisbop of the Cbnrch of Kn^land, do neverthe-" less, for pcHCP and courtesj's aake, and not tbrongb tnj diversity of opiDion wilb tbem, open the Cburcb on tbe present occasloo. At the same time, I hereby make my respectlui and solemn protest as B|;aitle Archdeacon Woods, and the Rev. G. Mason, have reported to us their unanimous conclusions. Of the eigliteen articles of charge, they declare sixteen proved. Of theoo sixteen, five arc of a more formal character, viz:, 1, 2, 3, 4, and 18. " 67. t i Artido 1 rocifes thftt nil clorks find ministurs in holy ordors, nro roquirod by tlio oi osiiisticjil hiws, ciiion?, niul conslitatiDii of lli(> Clniicli of Eiiglsind. liulilinjj llio Bishop's license, to ohoy the snid lli^hop in all liiwful nuittei'.s and things. Artiolft 2 recitos tho Royal L,'ltor.s Patent of January 12th, ISoO, consti- tuting tho Eishoprio of British Columbia, and confVtr.ing jurisdiclion upon George, Bishop of British Columliia, and his succes-^ors. Ariiclo 3 recites that ll.!V. Elw.ini Cridge was duly and lawfully licensed to the Cure of Christ Church, Victoria, on or about the 17th day of Septem- ber, 18(50, and did then take the oath to us, and our successors, of canonical obedience. Arlicie 4 recites that the said Edward Cridge did, on the 7th day of Sep- tember, 180"), again take the oath of canoiucal obedience, and was by us col- lated to the dignity of Dean of Christ Church, Victoria, Articles 5 and contain the chargi; that tho said Kdward Cridge having received fiom u-j, on December Hth, 1.S72, a formal cen-ure for di-turbanco of public worship, and fur violation of the r);5i'dnesday, the 25lh d:>y of ^[arch, now last, publicly and advisedly repudiate such con- sure and admonition and did set the same at nought, and did justify the acta which call for t,he censure and admonition, and did then and there in oHect declare that he would act in the >aine wiy uiuLt similar tireuin-tances, con- trary to his ordiiiatiou vow, and oath of canonical obedience. Tb(.'se articles having been report mI to us, by our said assessors, as proved, we declare our judgment in rti-p'ct of the same to be revocation of the; li(;enso granted by us to the said Edward Cridge, on the 17th of September, 18(jO. Article 7 charges the said iijv. E. Cridge vvilhc\u-ing, at Christ Church Ca'.hjdral, D cember 5th, 1872, a disturbance in the congregation, cabing forth irreverent noises of stamping of fust, and cla!)ping of hands, and vehem.nit expressions unbecomi.ig the llou^e of God, producing distress amongst the properly dispo-ed, und n* the ellV'ct of which several members of th-^ congregation ha-lily left the church; and that such conduct on his, the eaid Reverend E. Cridge's part, was an interruption of the due order, an act of disturbance of public worship, and an oll'ence contrary to the ecclojiastical law.-. _ _ . Our said assessors having reported to us this article proved, wo decree our judgment to be, in resp'ct of the same, tho revocation of our lictmse which wo granted to the said Edward Cridge, on the 17th of September, 18()0. Article 8 charges the said Rev. Edward Cridge that he did, on the 5th day of December, 1872, in Christ Church Cathedral, viz.: of purpo.-e impugn and confute tho doctrine which had just boon delivered, in a sermon in the same Church, did name the preacher by name, and did cau>e thereby much otil-nce and di>quietne?s; such conduct being in contravention of the 5od Canon, and therefore a grave ecciesitistioal otf.'ncc. Our said assessors have reported to us this article as proved, we decree our judgm(Mit, in rerpect of the same, to be revocation of the license which we granted the said Edward Cridge, on the 17th day of September, 18G0. Articles 9 and 10 our assessors have reported to us as not proved. Articles 11, 12, 13, 14, 15, 10, chargt; various culpable acts and omis- sions against the said Edward Cridge, in connection with our lawf.il visitation of Christ Church Cathedral, July od, 1871, namely, that he ii'fuxjd to make returns to the visitation articles of enquiiy; that ho denied our authority over him at the time of our said visitation, and imputed that wo had s«!cedi'd from the Church of England; that !)(> refused to aiu-wer qiujstions it was our duty to put; that he refused to produce the Registers of Baptisms and Marriages, which are necessary for our proper visitation; d(jing other disobedient and contumacious acts, all of which are ecclesiastical olf'nces, as well against our office and authorit3' as ordinary, as against sundry canons which assume the liw- fulness of episcoi)al visitations, and also against c -rtain Imperial Statutes, which asi-ert the legality of the same and represent tho common law and cus- tom of the Church of England. These charges our assessors have rei)orted to us as proved, and we decree our judgment, in respect of the same, to be 68. revocation of tho liconso jfranted by us on the 17th day of September, 1800, to the said Rev. E. Cridgo. Article 17 charges the r"id Rev. E. Cridge with having, from time to time, questioned our authc. ity over him, and our right to preaeh and minister in our Cathedral, and wi'h persistently endeavoring to depreciate our ollicoj in support of which charge various letters are referred to. All which charges our said assessors have reported to us as proved, and we decree our judgment for tho same to be a formal admonition to the said Rev. E. Cridge to abstain from such conduct in future. Considering that through a l(Migthoned correspondence between us and the said Rev. Edward Cridge for more than a year and a half, touching the matters now before refeiTcd to, and throughout the present painful proceed- ings there has been no expression of regret on his part for acts proved to be contrary to the laws of tho Church, nor any sign of submission in the future, we are compelled to mark still further such a deliberate and long continued resistance to lawful authority, as is proved in the various articles heretofore referred to, and to decree our judgment to be that the said Edward Cridge be suspended from tho office and dignity of Dean of the said Cathedral Church, until he submit himself to our lawful authority. Our judgment on the present proceedings, therefore, is that the license granted by us on the 17th September, 1860, to the said Rev. E. Cridgo, be revoked; that ho be suspended from the aforesaid office and dignity of Dean, until ho submit himself to lawful authority, and that he be admonished so to submit himself in tho future. "Witness our hand, this seventeenth day of September, in the year of Our Lord, one thousand eight hundred and seventy-four. G. COLUMBIA. Victoria, B. C, In presenting their report my assessors have unanimously expressed the hope that in administering this necessary discipline the past faithful labors of Mr. Cridgo may be recognized to mitigate, where possible, the force of any judgment passed in this case. I can truly say I sincerely enter into this feeling. There is no intention or wish on my part to remove Mr. Cridgo permanently from Christ Church, It will rest with himself, not with me, whether he bn removed from the parish or not. A license may be revoked the and clergyman holding it cease to be able legally to minister in the Diocese, but if the cause of the revocation be removed, the revocation can be annulled and another license may be granted, and the clergyman, on due submission to the laws of the Church, may be reinstated. That such may be the case in the present instance is my earnest hope. After Monday, when the formal revocation of the license will be issued, the Cure of Christ Church will be vacant, and it will be my duty to provide in the best way I can for the services. An arrangement will be sanctioned in consultation with Mr. Cridge's frienJs whereby, for a period during the vacancy, a portion of the income of Christ Church may be allowed to him and his family. [54.] The Right Reverend, The Lord Bishop of Columbia, IN RE The Very Reverend Kdword Cridge, Dean of Chriet Church, Victoria, V. I. We, the AssesBors in tlis above cause, find as follows: — Articles 1, 2, 3, 4, 5, 6, 7 and 8 are proved. Articles 9 and 10 are nnt proved. Articles 11, 12, 13, 14, 15, 16 and 17 are proved. Article 18 is proved, excepting as to Articles 9 and 10. Witness our hands this 16th day of September, IS CHARLES T. WOODS, Archdeacon of Columbia. QEOHQE MASON. P. O'UEILLY. ' 69. [55.] Victorift, Sept. 14th, 1874. I appear this morning to state that I decline to plead before this Court. First — Because it is not a court of legal or competent jurisdiction. Secondly — That 1 have been refused time to consider and reply to the arguments of the counsel on the question of the jurisdiction before procoedmg with the evidence. Thirdly — That the constitution of the court is not just, there being on it no one of legal standing, learning and e::pt!rience, qualified to try the case, and the ecclesiastical members belonging to one of the two great bodies into which the church is divided, and myself to the other, and that although the published correspondence articled agamst me ref»rred to the subject of a synod, to which I was adverse, one of the assessors is, I believe a delegate to the synodi 'ul convention. Fourthly — That the Bishop is interested in this case in an unusual degree, not only by having the preferment, (as is supposed), but in other important respects. Fifthly — That whereas the Bishop stated that the rules of the Church Discipline Act had been followed as nearly as circumstances would permit, it has been needlessly df^parted from in more than one important respect. Sixthly — That th(! articles, which I have been alforu;yl r,o opportunity, (notwithstanding my protests), of having amended, are by t eir defects, their excesses, and their errors, illegal and unjust. Seventhly — That the Bishop has combined, in his own person, functions which are irreconcilable with justice and law: and Eighthly — That I believe the Bishop to oe personally disqualified by any authority of Hc^r Majesty to try this case by reason of his having denied the Queen's supremacy, and thus virtually seceded from the Church of England. And any other reasons which I may have laid before the court iu other protests. E. CRIDGE. ■ [56.] ^ The following sentence, or judgment, in consequence of the said decision, was likewise served upon the defendant, on the 22d day of September, A. D., 1874, and his license to officiate thereby revoked. George, by Divine permission, Bishop of British Columbia, to the Very Rev. Edward Cridge, Clerk, B. A. Whereas, we did on or about the 17th day of September, in the year of Our Lord, one thousand eight hundred and sixty, by a license under our Hand and Episcopal Seal, grasit unto you our license to p<;rforni the otfice of minister in Christ Church, Victoria, Vancouver Island, within our Diocese and jurisdiction: Now, we, by virtue of the power and authority given to us in this behalf, by certain Royal Letters Patent, dated January 12th, 1859, and of all and every other power and authority vested in us. Ordinary or Episco- pal, in anywise enabling us in that behalf for sufficient causes us. hereunto moving, do by these presents revoke, annul, and make void the said license. And further, we do hereby dismiss and remove you, the said Edward Cridge, from the Cure of Christ Church, as aforesaid, from the day of the date of these presents. Given at Victoria, the twenty-first day of September, in the year of Our Lord, one thousand eight hundred and seventy-four, and in the sixteenth year of Our Consecration. Aa witness Our Hand and Episcopal Seal, Q. [L.S.] COLUMBIA. [57.] < George, by Divine permission. Bishop of British Columbia, to the Very Rev. Edward Cridge, Clerk, B. A. Whereas, we did, on or about the 7th day of December, 1865, appoint and collate you to be Dean of the Deanery of Christ Church, in Victoria, our 60. Catliodrfil, wo now for sufficient cnusrs um, horounto movin^f, do puspond you, tho saul Edwnrd Gridgn, from th« snid ollloi! mid dignity of Dt^nn of the Dennnry nf iii'^nid. yViid fiirthor, wo do mispond you fiorn all nnd sinjjulur the rightx, nKMnlturs, nnd nppuiti'niuiPCH thenutilo liclonging, if nny, from tho day of the diito of these presents until you have Hubniittud yourself to our lawful fluthorily. Given ii( Victoria, tho twenty-Hrst day of September, in tho year of Our Lord, one thousand eight hundred nnd st^venty-tour, nnd in the wixteonth year of Our Consecration, As witness Our Hand and Kpi.>-cop»l Seal. G. [L.S.] COLUMBIA. [58.] Bishop's Close, Sept. 25th, 1874. Gentlemen: It is my intention to perform the services myself ns>'istcd by my Chaplain at tho Cathedral, on Sunday next, morning and evening. 1 am, faithfully yours, G. COLUMBIA. A. P\ Pemberton, E.q., \ churchwardoQs. E. Williams, Lsq., J i 1 [59.] To the Right Reverend Bishop Hills, D. D. Sir: — In refiironco to tho sentence of suspension that you have passed and served upon me, and which in 3'our notices to myself and the Churchwirdcins you are apparently endeavouring to carry out, as if etl'octual and binding in law, I beg most respectfully to quote the following passage from the judg- ment of tlic; Privy Council in the similar case (so ihr as legal jurisdiction is concerned) of the senleiioo of deprivation passed upon the Bishop of JSatal by his Metropolitan, the Bishop of Cape Town. " Suspension or deprivation is a matter of coercive legal jurisdiction, and not of mere spiritual authority." 1 have already protested against the proceedings which in mj' estimation render your sentence on other grounds illegal and unjust, but with the above judgment in view, guarding as it evidently docs, benelicial interests and civil rights against sudden and arbitrary encroachments, I must at present regard the sentence in question as of none effect in law, and continue to pursue (he duties of my cure as heretofore. In this course I am sustained by the authorities of the congregation and have no intention, as I have never had any, of resisting the lawful authority of the Bi.-hop. I beg to remain. Right Reverend Sir, Most respectfully yours. The Parsonage, E. CRIDGE. Victoria, Sept. 26lh, 1874. [60.] Victoria, Sept., 26th, 1874. Victoria, 26th Sept., 1874. My Lord Bishop: In reply to 3'our letter of yesterday wo beg to inform you that before re- ceiving it, arrangements had been made for conducting the services to-morrow, as heretofore, by our Rector, Mr. Cridge. We remain, your obedient servants, A. F. PEMBERTOX, ROB'T WILLIAMS, Lord Bishop of Columbia. Churchwardens of Christ Church. V 61. [61.] Tho Reverend E. Cridgo, V'ctoria: Sopteraber 28th, 1874, Doftr Sir: — In reply to your lottor of tho 2flth inst., T nm roquostod hy tho BiHhop to oxproas his regret to lind you hiive igtion-d thy revocation of your lioonse: but aH you statu you have Imd no intention of resisting tho lawful authority of the Birthoj), and as IiIh Lord>hip has not, and never had, any desiro to enforce more than his lawful authority, as his duty proscribes, tho main question appjars to be, what is "lawful authority ?" It Ima been represented to his Lordship that tho question may bo decided by tho Supreme Court, on a case to bo stated as agreed upon by counsel on both sides, and ho is willing for his part to adopt this course, as by so doing the groat ovil of further hostile proceedings might be avoided. Yours, faithfully, M. W. T. DRAKE, By Rob't E. Jackson, his Attorney. Registrar. [62.] My Lord Bishop: In dotoi''nce to tho suggestion of tho Chief Justice, who has stated from tho Bench that tho protest which I delivered on the occasion of tho sermon of Arch- deacon Roeco was, as to the time and place of its delivery, a violation of the 63d Canon of the Church, which I had promised to obey, I consider it my duty as a christian minister to express my regret for this involuntary broach of the law. And this I do in full cont^ifctency with the statement which I made to you in my letter of 19th Sept., and which I now repeat, that '* I have not, and never had, any intention of resisting your 'lawful' authority as Bishop." I am, yours faithfully, 23d October, 1874. E. CRIDGE. V ' ■'■> . ].. \\ ^■«i- !>t !f'i^. lii>fi J ' ■■'^ -'/f ,r--^i-.t .-T.tV'^''irv;j '* >'i fy.:', !<■ '! . ,v ..' [ £«'! >iy;' ikfh} ■: i^ ■""■ n i-t'i ■■, i '' 1 'i i. :--*.u' ;..;,.v^'-^^ 'I ■ If H'l f or ur D c^ m: s; ir ^- . BISHOP OJ' COLUMBIA rersus REV. MR. CRIDGE. Judgment rendered on Saturday, Octobor 24lli, 1874, at 11:20 o'clock, A. M. TliiB (8 a case of an application for an injunction on a bill tiled by tlio Lord liishop of tlin Diucest; of UritiMli Culunilila against llcv. Kdward Cridtrc, clerk, prujinn lliat tho defendant may bo restrained from jireacliing or oficiating in tlie cure of Christ Cliurch and from acting; elsewhere in tho dioceso as a clergyman of the ostab- lished church, and for a declaraiion that tlie defendant's liceiisft lias been duly ruvokod and i hat the defendant has fa, red to conform to the discipline and dcx'trix- of the Church of Knglaml, and is liable to bo removed, and is no lonirer entitled to the benefits of tho trust of thOj Indenture of titli May, 1804. The iiresent application is for an injunction to restrain tho dotenilaiit from ij'preaching or olticiatinf; in the said church of Christ (,'nurch or otherwise acting in thocuroof thusald church acconling to his foriner license or elsewln-ro in the, dioccBO as a minister of the Church of Knglantl." The Rill sets out t'-o f.'tters Patent ana consecration of the plaiLititT to be liishop of Hritish Cidumbia, his arrival h{'r(^ and license granted to the defendant to "lireach and oHiciate," his selectioii of Christ Church to be his Cathedral, his collation thf-^realtor of the doiend- ant to be tho Dean of the said C.ithedral Church. Cerf.iin Articles, dghteen in number, are then sot forth in the l.ill. impeaching the conduct of the de- fendant In his uijnistry, appenileil to which are many' lettors and documen; • ,.;me of great interest to the par- ties to tho correspondoncu, but not very important to the determination ot thu precise ((ue>tlon before me. j Whrther tho allegations of tli' articles thus stated are to be taken as allegations made In the Itlll Itself may or| may not bo ail important queslioii at the hearing The ipiestiou whether they are well iiloaded by this bill has not been ralsoil on tho arguments now before me, which, { iu justice to tho dofendant it must be said linve been, directed more to tho matters really lying at tho root ofj the unfortuuato ditrerences between titu plaln'IIT and; defendant than to th" toclinlcalitios or lovms of plead \ Ing, or evoii to tho licts really necessary to be con- sidered for the' deternuuution of this interlocutory ap- plication. Tho (piestion whotlier tlio Attorney General should or not be a party, was In like mannor banished from the argument probal ly through similar considerations ; ami tho parties did not conceal that tlwlr chief desire now was t) obtain from mo an expression of my views upoii the two very Intenstlng quostlons, viz.- tho visltcu'ial powers of tile liishop and the legality or legal conso- iiuenjos of holding synods, tho latter of which, howi-ver, could not, Dxcept hi a very indirect wiy, c.nuo into con- sidoralioii at all. .\9 tho result of tho inquiry upon thn articles referred to tho Bishop's assessors lound all the chargeii ot Infrac- tion of clerical duty to bo prove I, except two numbered '.t and 10. Si.tteen articles therefore were repotted as j jn-ovod. Tho I'.ishop thereupon delivered judgement on' each of tho l)roTod charge^ separately, on the ITtli '»fi ."September, 1871. The investigation had been o|)eu. Th ro were four assessors, two cierifymoii and two l;iy- niisfi. County Court juilgos, one of whom was compelled ^ to retire o;i pu!)llc buslt.'oss aftor the fir-t day. The In-, vostigatlon continued tb' dv: in lUnu for four days, viz. : j on the 10th, lltli, 12th and Ufh of Soptemner, the do-| fondant having had ample notice, and being in fact pro-| soBt, and with every opportunity apparently to examine! or cross-oxaiuino witnesaeH. lie Heenis, however, to! have remained as a gpectator, merely, aft«r i iianiing in a protust aganiut tho procoodlngs. i The form of the address iu which the sontence^ of tho Bishop in respect of tho several charges i proved, is not pi'rhaps, free from being excepted to, i Uut neither, usually is the addruso in wiiich an ordinary j court of Justice conveys its reasons for a decision. Tho, loparato Bontencu on fourteun ot tho |>roved uhurgoa is revocation of tho license on one, viz. : that on Article 17, a formal admonition ami then, without noticing 18, the Uishop says, he must still add furllie-- ]iunishmeiit and decrees snsiieiision from the Deanery, and thou gives as his judgment, on tho whole proceedings, to be revoca- tion ot the license to preach and olliciatu, Buspension from the o, flee or dignity of Dean until submission and a formal aa.nonltion. This is tlie sentence, la fact, tliu logical results of which the plaliititf now hoeks to liave enforced by tho decree (d' this ("ourt In Considering whether tlii» Court will grant lt« auxilliary aid. the only ()ueslion8 to consider are those which arose iu Dr. WarriMi's case, and In Long v.s. The/ llihhop of Capo Town. The liishop having no coercive I jurisdicfion, had he, however, jurisdiction to summon the ilefeiidant to piiiiuire Into his conduct, to i)ass this judgment spiritually as it may be said. Unless he had such a right this Court will not Interlere or assist liini in any way. .Neither alll this Court assist him if it ap- pears 'hat tho proceedings were conducted in an oppres- sive way, or in any manner contrary to tho )irlnciplos oil which questions are examined and determined here. .Veither will It assist him if tho sentences appear to bo Churcli of Kn^iand not "in union and full eoimniinioir' »inly. but a branch of that very church. II we had hero O'tablishd syn xls and ('anoin and rej^ula- tioiis of our own, tho invesfigition now wouldlie more in- tricati^ and dllllcult,according to the observalions of th» .Master of tho Rolls in .Natal vs (JIadstouo, p. 37, hero till we hive to emjuire is whvthur the olfencos alleged W(mld, if coinmittud by a clerk ivi Kngland, lie triable before the IM^hop of the dioceso, and punishable as this is pumsheil, and [ apprehenil that there is no doubt liut tliat these questions must subji'ct to some observations about the Chnrcli Discipline .4ct, iukI the dlfteroiit rela- tion of the Uishop hero (/m; patronage, bo aiiswerd in th'! allirmafivo. In my opinion tho Church Discipline Act — 3 and 4 Vict., c. 86 — it is impossible to comply with here, at least in its entirety, and therefore at least, in its ontiroty is not. law. In particular, it would boimpossiblo to have a trilniiial of the five assessors therein reforreil to. Tho assessors chosen hero wore, however, a better tribunil than I should have expected to have found here. Th« defenlint objects first that none ot them belonged to the ^:lM;tion id' the cliurch to which ho says bo belongs, ami tlie argument addressed to ine seemed really to liiivo boon tiiat lio was entitled to have one or two partisans am mg the assessors, perhaps on the principle of a jury le meilietate, which Is now abolished, in civil casus as I'rom January 1st, 187J. Hut of ciuirso there was no shadow of reas'ju in such an objection. Tho next objec- tion was that luasmuch — it Is not Very easy to state it — iuasmucth as those assessors might more closeiy liava ap- proximated to the assessors descrlbod in the Churcli Discipline Act. though I can scarcely see how, thorufore those proceedings w(^^o a nullity. But, Ist. It was not shown that better assos.sors could have boon procured. '2nd. It is not pret>'uiled that even In Kngland tho asses- sors niiLtt bo of the character in tho Act mentioned, but only that such assessors will be considered satlsfact ry. 3r(L It is not pretendi-d that the Act i» applicable hero, or is law here at all. To impugn a judH;niont (if(>ther» wise reasonable) becauso the prnccodlngs on which it In based, do not tally closely enough (as alleged hut not proved) with certain proceedings mentioned, not required in Knglanii by a statute which is nou-oxisteut bore la surely rather far. n. Theu Mr. Robertson nrgei duties of an overseer are ou here somewhat iiicotuparable there- fore liecoultl not overwoe; at least that though he might lawfully perform ruch duties as the defendant liked he was lint to perform such duties as the defendant objected to; for it is lo be observed that this is just as much an objection to the power of appointing, as to the power of oenisuring. The two powers it is said, are incompatible, t'.erefore I claim, says the defeiident, not that both powers are void, but (hat I may trxat the one as valid, the other as invalid T!ie Bishop may lawtuliy appoint me, but caiiuot lawfully censure me. But in fact contindic- tory powiTH are olten in case of necissity placed in one hiiiid. ill this very Colony there is almost a caso in point. Nothing surely can be more important than to keep quite distinct the judicial and executive functions. J No maxim of our criminal court is better kuMwn than, that ill the absence of ceiiiisel, thejudge is lo be counsel for a prisoner. Vet the legislature has thought it ex- pedient by repeated acts which have always obtained Her Mt^jesty's sanction to leave it to the judge to nomi- nate a sheriff /'fo rt »a<((, and in criminal trials iip the country it has occai^ionally happaiied in the aliseuco of liny cauiisel fur the prosecution that the jutlge has been (■(impelled to indicate to the i\egistrar or to a constable, what st;itute apjieared suitaldo for the occasion and in what liook tlieloiin of the indicltUv-nt mus shown. In fact all ther'ti regulations are means to nil en t — that end is the iidininirtlration ofjuitice and the repression of disonler — and to ailhere to forms and priiuiples in such away as to suffer crime to go at large uiipiiiiishod, and di»or>ior to bo unreHtraiued, woultt be "to neglect the ojr«*er for the sake of the shell.'' snops, ternisl xceed-l liict."' I Kcclesinrtiral Tribunals Jinve alwuys lieen negligent ol ; the forms whidi Knglit-h I.iiy 'lribniia!x have t..- 'ned lUsefuI, and all but Ksceniial. I Kay Ki; ti^^^ j^y 'jyjIiu iials, for in many other countriefi. othei principles than lOnis are considered to lie most confoin .ib'e witli tlie ad minigtratioH of justice. And the most prejudiced mind must admit that sentences may bi- just ll.uugh nrit ar rived at by the machinery of jury. 'I he judgnienfN e.r i'olomon have been considered ns not without meiii. though every one of them lutrageti the whole spirit of Magna Cliarta. In cunsidering the charges, and sen tences »f September last, 1 think however, that as to the scene in the Cathedral, of the 5th Unci niber, 1872, it whs not competent to the Bishoii to lenew any charge or in- flict any further punishment for that oflenn?. Ifahivm^ Cnvfti-vltvi nnim nobody dihpiitoK — not Mr. Koliertcon himself, that there was a clear iTeaeli by tlie defendant not only of the Canons of the Chun h tind of the laws of Christian Charity and dedinni, which are not always present to our minds, but of social etiquette and pro- priety — restoaints to which we are more habitually ac customed, every one of which forbad the defendant "froiii thrusting himself forward in thejireseiice of two Blshojis, one a stranger to condemn a brother I'restyter, in terms wliich the defendant liimself s«ems to be aware "ex ed t)ie accustonikd reslraints of language mid con (Vide defendant's address ot March 28111, 1874 ) Really I cannot conceive any other course to l>e taken Ijy the defendant himself than to say. as soon a« rhe irregularity was pointed out, or as soon as he hnd sufficiently recovei - ed his "accustomed restraint of language and conduct," "I sec I have clearly broken the canon which I swore to observe, and I have contravened thestatiite 'ly which all men are bound, and I have clearly exp()sel vexari is a I maxim which our law baa liorrowed from the Romans and which I think is of natural justice. " I think I therefore, the Bishop had no rif;lit to renew that charge ]ln I'atidora street. Of course the defiance wiih wliicli j the defendant met the censure was a new act of di.'*- lobedience, and it is not easy to see the real giounds for jit. Tliat might well justify a iieW ptiniKhinent. Up to the 2Mth day of March last, the tlefeiuiant seems to have Isupposod that he wa.s resis itig "an attempt to dofani» Ibis ministry and to intrude on his oificc which ho had |r(!ceived in trust tor the chiiich as well as himsolf, "that his ofHco or IiIh trust was in danger." That, I KUjiiiose, must refer wholly to the sermon of Archdeacon Kecce. as to which it i.s diilietilt to perceive how it would aft'ect the defendant at all or any right or privilegeof his. But afterwards in the letter of tlieSid of .Inly, he takes, I think, other grounds; at least he expresses what per- haps may have bouu only inteiuled before; and after re- ferring to aoiiio opinions of the (Churchwardens (not uecessarely, tlioii;j:h poNsibly. those contained in tlieii letter of the 2nd of .Inly,) and taking nior» intelligilil,' ground (as might be expectcnl) than they do, ho points out that the proposetl Synodical moveineht might re suit in placing himself and his congreg itioii under a different law than that of the Church of Kngland. Tins 1 hav;> already stated my tirtii ccmviction to be a ve. v real npiu?heiision. It :nuy be a danger to be avoided, ii may be a benefit to he desired, but so sure as this Synodical movement does proceed, ko surely as the church here assumes power to make laws and constitii tions for this diocese, and to constitute the Bishop an Kcclesiastical Tribunal with power to enforce obeilienc(> and no appeal except lo the -Archbishop of Canterburv for the time being, as ajornm dmntxtinim, so surely will the church hero (I fear) one day differ widely from tlf .Mother Church in forms and ordinances ami matters of Church tiovernment, and probably also by degrees, even in some particulars of doctrine. I was about to refer to Lord Roinllly'n judgment in "The Bi.liop af Natal vs. Oladstono," but I fiiiil I hire nearly repeated his word* which have imprinted thomselvei: on my memory. The position advanced at the bar, however, and which was probably necessary for the rebutting the whole oaao iii. iirglifceiit ol ivo ».<• 'iK'n I Lay Triliii nciplcR tlinii vitli tlie »tl- idiccd ntiiiit iipli not ar ii(ipni**iitn f'f lioiit nit-iit. ole Bjiiiit ol" 8, aiirl ticn- int nH to ttiM 1872, it WHO ^liuige or in- 1'. liahnniK . Roliei'tMiii 10 dpfeiidiint f tlie InwK III ' not aUvnvK :te «n(l imi- nljilnally i»<' rrniiaiit frciu two UisliopH, tpr, in tcrnm urtt "oxccert- iid conduct.'" 4 ) Really I ukon by tliB ■ irregularity •ntly ret'ovei- nd ronduct." "Ii 1 HW()r(< to 'ly which all 'il myself fi> 111 remit Hi« <• never wivh der that the • nsure of tl(P ' ^r:xari in a the Komano " 1 think that charpf' with which ,v act of di.-t- KinnndH for iicnt. Up to ems to have • t In dotani« Il It'll hu hail hIniHnlf, r.' That, I Archdeacon i.w it would ilegeof his. ', he takei", what per- ml after re- \rdenM (not lied in tlieii intelligib!.' ho point" , It might re in under n and. Thin o he a veiy avoided, il ire as thin ely as the |iil conRtitii Bishop ail obedience anferhiirv urely will ly from the niatterH of reoR, oven o roftT to Natal VM. his words >ry. n 1 which hole cas» of tlio plaintltr woat far beyond thin. Had the dofondantlland, and hiiK been placed if I may without presumption conliiied hiinfell'to the re.isoiiahlo view which it mliilitMay mi upon a cli ir miil witisrarlory fuiiinlfttloti. Of all be contended wii- all he inrant in that letter '-f the 3rirtliiit light and of all those discussioim I can now avail of .Inly, what ni.iy ill fact bo a fair construcjon to put invHelf upiTi It, iirolai-edwith au ai-kiiowledgment ofhin frriir. 1 IJiit if a v(diinlary aflnociation out here had been II he had Haid "my breach of the Ciinuii and of Ihe; lorined of pernonn holding the iluctrines of tin- Clunrli Btiiliitw and of good iiiaiinerK, I am heartily nnrry I'or.'ot England lnU rjecting or altering wholly or in putt and 1 liilly intend to otf'nd rfo no more, and 1 thank you the discipline and g.ivei nment of the Church of KiiKlaiul for yoiir lenity in only censuring me for my otfeiio, I — that would bi' a coin>e pei fi ctly open to any numlii.T know that every man in the dioccMe whorie opinion inof |ier.siii« to pursue I apprehend, and the present worth caring for, my own counsel and all, are heartily Hl^hop might he among tluin— hut that association Hony that I iicti-il so. Your visitatloii I wllldutilnlly re- woiid not he an iiclnal lir.in.li of the C'hiiirh ol Kng- A'eivo. Kverything shall he at ymir service. The pnl- land, thomih il miuhi insist that it was in full union pit of the cathedral 1 Have no Ihonght of closing to ymi. and communion with it, and hi-ld all lis doilrines. II liut as to the synodical movement which your lordship illssi'iisions arose in siuh an assoe|;iliiin Its lui'inhern is HO earnest in pressing on my congregalion and else- would have reeoiusK 'o llie ilvll tiilmnals and any ques- \\ hero in your sermons and discourses. 1 would with tjons wuuld have lo be tried by their i.wii rules and like I arni'Stiiess entreat you toconsider and w"II wf yh ordlinnccs, whiili wnnld hive to be piuvid by evidence l^ird Homilly's words. I know it is not for us to jitdae In the usual maiiin'r, and have to be ciiii.«trued by tie- of )».ur doctrine, but for you to ju.lgc ot ours, lint this Court just like the resulalimis of a new joint stock coin- is a point of practi'e and exjiediency not of doclpany. 1 need not point out the aildltional dillicully and trine and we wish to rrinaiii under the laws otjresponsibllity which wou'.d then I 'y be imposeil im tl ilie Church of Kngland which we know, and not to beljudges, and the a'idlliuiial nmer t:iinly and in«eciirity liable to future laws and law makers uf which we know | felt in any coiistrncl'on lo be plac d on such ordinances: iiotliing, and under which old deidsions will not aid iis the decisions of Knulish courts wnild not b(> binding and to undi'istalid our rights and duties. We wish lo adhere' might not be apposite, not being in i>nri in'ih'rui. lo the supreinaey of the Crown, and the deeislons of' Korluuately no sncii <-ase exists here. 'I'lie juris lic- Criiwu Courts, and not to have any I'urum J"iii'SfiV(Oii 'tioii lure episcopal, judicial, and consensual, appiars t with which we ale ii'iaoiiuaintud, aid whiih may im- percrptibly as Loid Uomilly points out lonslllnte the eliiircli hee to b" a sep irate ciiiircli, the ("hiiri'h of llritlsh ('olnmbia, and not a liraixh any longer of our .dd Church of Kiigland." If 1 say the defendant had spoken tlius, who could have been offended ? 1 for my pirtnotnow spetking as a judge at all. but as a mem- ber of the church mit hern really feel ilis])oseil to say be exactly fie" same — founded on instruments verbally identical — with the case of the .See of Natal (Uishopiif Natal vs (.ilad-tiunV What that Is may be giveu in Him words iif Lord lloiuilly. After st itinu at very coiisidrr- •ti>le b'liglh all the cireninstances and the ditf rent cases in which the unfiirtniiate dilferences between li'sliops, I>eans and Ministeis in iiioiifU .Vlrici had been idiscussi'd, 111! says, '-The result >li.>ws that tin! Dintrii t iug at the sentence pro- lish'd Church of Kiigl ind f am bound to order it lo be c.eed"d iu a manner conson.iiit with the principles ot enforced ; then the I'll .'.,• if necess iry is applied uu ler justice. hihI Iii *<> doing the (^uirl established by law will my order not purely as in Kugbuid on the episcojial proceed upon th'i laws of th'.- Church of Knglanl. f'o .lulhority ; and the disobeilieuce then becomes and islfar as they .ire applic.ihlo in Natal." i. <'., the spirit iniuishablo us disobediencu of my order and not though nut the letter of the Church Uiscipline .Vet, is lo as disobedience only of the Bishop's onler. he adhered lo. Ills not law here but t is to be t.ikeii fhe circumstanci) tliit the pliinlitf his hitherto failed, as a giiid.'. .Now I apprehend evi.'ry worn of that ipiobi- t 1 carry out his apparent or presuiuod inlenlions .is lo a tiou is not only very giiod law, hut very good sense, and •"vnod is also to myself personally a m itlio' on which I not only good sense and law, but a most convenient law iiiojt sincerely congratiilato myself and for this rea- for the protection of rights. N'lt only for obtain iicj: 6-111, I lUi-an uot now t I express my per^unal predH'C-jiidicial decisions upon them, hut for knowing befjre- tions at all, but sitting hero as a judge I feel howim-;liaud and without litigation, the limits of rights and ^ meiiSidy my responsibility is h-s.oned and luy abilily forjduties of all members of the Church laymen and clerica', c inijirehending the po.sition incroasod in comparison; It only reijulres that the name slioiibi he cli mii'id ; for with the oi:c,isioii whi-n somewhat similar ijuesi ions ".Natal" read "British (')lnmhii." and oii this particu- were brought for the lirst time oii sum .(vvhat simllarjiar point it exactly r-t.ites the posiliui liwre. disputes before tlio Supreme (;,iiirt in .South Virica. Tlieso considerations make it cluir as I have said .Since that time a flood of light his been poured upon botor»,thit it was necessary for the defendant's case to . iliH constitutional iiuestions, and Hie relations of oecle-jgo tar beyond any reasonable or indeed posslldo con- » s'.astical and civil jurisdiction in the colonies by the struction of the ilefeiidant's letttjr of the 3i'd of .July, lalors of tho gn^at judges ami civilians in tho Privyieven if that letter embodied or referred to the church- t>)Uucil and elsewhere, and tliK whole niattor has been i wardens letter of the ".ind of .Inly, which it is !>■• no discussed repeatedly in various courts on various rights, means clear that it did. The defendant < aiiiiot maintain by various minds of ihu most leavno I lawyers and mustihi.i present position of pre.iching and officiating iu diticoro and earnest ohieraliuil throUiilKUit alternativo "that tim lilsliop iipi)oars to have seceded Isorno of the principal provinces of Kinopi*. They con- fram the Churroper dcdeuce of the position taken hy Mr. Cridge, Ids ahle counse' p<'rceived that nithing ot; that kin i would sufllco ; that n ithing w luld do hut to] contend lliat his client was not and is not an nnliceiisedj clergymen of the Chur(h of Kngland, for that he once had a license and that the license liad never heen revoU-i ed hy a liishop of the Diocese. Me therefore hcddly, hut hy the ni'cessily of his argument, advanced tli(« proposi { tion that the liishop is in very fact not a hishop at Mil. hut iiii e:;com:nunioated person to whom no niemher of the Chur( li id" Knghunl owes any olieilienco and is in! diM'd to lie avoided, according to the 33d aitiide of l{e-i ligion. And to supiiort that position lie lead from the I'itli f'anon, A. l> iliO'i, as follows : "MaintMinrrs idcoii- stitulions iii;ido in conTeiiticles censured," " Whosoever Bliall liereaftir afhiin that it is lawful for any sort ot minir.ters .ind lay iiersous or cither of them to join to-! gether and make rules, orders, or constitutions in cau.s(-s ecch^siastical without tlie King's authority and shall j sulunit themselves to he ruleil and gcj.enied hy tliem,i let them he excoinmnnicati'd ('/'••'o /'(((7 ). and not ho ro-j stored until they repent and pulditdy revoke tlioso wick-! ed and anahaptistical errors " .Now the lirst oliservation tint arises on that is, that if there were anything in the ohjection, ^Fr. Iv)iig and tin' liishop of Oape Town, and the liishop of .Natal and >lr Ciladstone and hord llith i- ly, the Coleridgcs, IJoundell I'alrners, liaddeji.ya and otlicr learned c vi ians the Lord Chuncidlor and ineni- hors of th(! Judicial committee, who have b' en engaLred for so many years in sifting tho South African cases, had all heen heating tho wind, and expending all their learn- ing ami aculonoss and distilling principles nut (d" the Aleiiihic of Kcclesiastical suits. Privy ("ouiu il ajipeals and (diancery suits to very little jiurposo Indeed all tliat has 1)0011 said in all these coni|ilicated rojiorta is quite unnecessary and niiy be treated as uliiti'r ditd, if this contention is niaintaiii ihlo. For nothing I laipposo is cloar'T than that liishiH) (iray had actually carried into practice in huig detail and personal application everything and more than ovoiythiii:; that the present pluintilf is even supposed not ever to liaV'' done, Init to have wislfd to have done, lint in tliat case Mr. Itohert- son's artcuiHeiit would he very short. Hisliop (iray from tho moment he asserti'd the legality of a synod, (-easiHt to he a liishop at all of any legal diocese (I do not know that it is necessary for the argument that ho i;w" f'lrtn C(!asod to he wlut may ho termed a liishop unattached I, conseipiontly from that moment had not nor could have any jurisdii tion qua hishop over any inombo'- of the Church of Kn;4land. It is odd tliat nohody over thought of til It before, that is it would la; oild, if there were any show of reason in t'lo argument, lint in fact tlie errors denounced hy tliis canon are as it expressly says, "n/i ainiplis-ficdl errors." In tho previous century, scarce II geiieratiou before tho canons, curtain fanatics. the greatest ol niodern composers in tlii^ production of a groat work of art, ami I sh nid have thought that mod- ern popular melody might have conveyed a ray of his- tory wiiich in itn turn might have thrown a light iti theology sullicient to raise some (loubt at le ist as to tho constiuction of tliis canon. It is expressly aimed at disowning on tho |>art of the Church ot Kngland tho ecclesiastical part of the usurpations of these Anaha])- tists wlios(t ver.v name inspired liornu' as tliat of the c.''.;)imi(/i« does to-day Tiieir views on temporal matters it was prolialdy flup|>osed iiiigiit ho saftdy hit to tho secular legislature. The canon conlines itsell to their soirilual excesses. lint what can ('(jual the imprudeiico of the defolidant's advi-ors in sn.gosting Ihoic rilh-c- tions? Is it the plaintilf wlio alliriiis tliat it is lawful lor 'aiiv sort of minislcrs '', i. c,, unliceii-ecl preacliiis or others, to join with "lay persons" whether churchwar- dens or not and make rules and regulations or adopt resoiutioiis withinit any autli rity or color of authority whatever from the Ci own, either hy direct coininissioii or by any Act of I'arhament or throiigii tho or linary Courts of Justice? Is it tho plaintilf who alleges that such an unlicensed preaidier with Ins lay partisans ma.v. hy the simple expression of their oninion, annul the Queen's Letters I'ateiit, fulminate senteiii'es id'oxcomniu- nication Mini d<'privatioii, come tu a rosolution that their loader is entitled to the full eiijoyineiit of valualile lands, decide cm the intcipri lation ol a deed of trust and (leterniino that tho same hader is ontitleil to the berietit ofth.it.' and ahscdve wliom they please- Irom the ohserv- aiico of solemn vows? Is it the plaintilt ho advances those proposteroiis pretention!:? Do thi^e terms convoy an exaggerated expression of the defendant's c.ise ? It is hardly worth while to go on hroaking this Init- tertly on this whecd. Vet these furtlnu' oliservatio'.iH may bo useful wlii(di by themselves disjiose of the whole argument on this head, even if my view id' the meaning of llioCanon (haw 1 from history lie wholly wrong. It is quilo true, as .Mr Long olisirves in his letter, (cited and approved by Lord Itomilly, p. 48j that a man ei'iu a liishop, may by his own act secede Irom a church. Kvon secession, however, would probably still leave iiiiii a liishop until he bo deposed or di'priv.jil, by tnosentoiico of a competent court consei|Uk'iit on his secession, iiiit still if a liishoi) had openly aiiiioiinceil his secession that would greatly excuse the disoli.dienco of his cbMny ovoii bohuo any lortnal si-ntenco ol dopii\atioii. What .Mr. KoPortson failed to establish is tho tirst step, that a man can commit oxcoinmmiicatioii upon himselfor de- clare himself excimimiinicatecl. All ho can himself do in this way, is to excoininuniiato all tho rest ol the world, as 1 believe one or two faiialics liavo lieen found mad enough to do liy declaring all mankind eternally lost except thoniselvii'S. A man m.iy un li'iibiedly com niit an olb'iice which exposes him i/«r)/'Ht" to o.v oniniu- nicalioii: that is whe.i brought up bid"'ro a proper court, the iiccu.-^or has but to examino this one point: ilpruvod; liroof, and yot until provoil and followed by the sentence, town.s and cities were devastated either b.y them or byj of deprivation of his see, pronounced by a court ofcom-iiloir iqiponents in (|ue||ing them Tim f.ito of one ofl potent jurisdicti 111, tho liishop would still bo hishop j their leaders known as ••'I'he i'rophid" has inspired one ofj Xx- \'«L. -V' v-^ V. m IHSCS Hot , iiiiil aiithor- liiiips. 'I ln;ir )iii all thiiiL'8 m1 t(i \i(' a j;i'ii- Ah to tcrii|i(ir- [t coii>i'-t(vl (if ; '-The ciirtli riin I/i)iil liilh liin Saintis " wan (il)viiiiH. to tliclll. not rk'tuiH of that V Hi'CA, it' tli( y car that their Kiso iiii'ii car- 1 thmuirhotit Thi'v coii- ti thit their of valuiilile of ti'ust auil the hiTiefit I the oliwerv- lio advances ■nils convey s c.iiie ? |ii!i this but- hservatio'.iH f the whole lie liiealiiiii; wrong. It letter, (ciloil I man ei'i u II a ehureli. III leave iiini iioseutunc'o l.ssion. J!ut (teeession his clergy on. What tep, tiial 11 usi-'lf or lie- himself ilo est of the leeii fonml eternally Itedly com c.y onunu- hper court, : il provoU. Bentenco of excoin: ;iinicati»in nuy ho pron mcodat oneo, without more. It is jn'ohahle ivlio that in hucIi a case the (M>iise(iueiice3 of the sentence, wli"n iironainced. would have reference hack to the heretical, or other act, on which the sentence is bused ; much in the same man- ner as an adjudication of b inkruiitcv relates back to the net of bankruptcy, and does iint cmnit for all purposes, from the date of ilie adJiidicaliiMi only. Il're tlii're i- no dellnile act of baiikiuiitcy even alleged. Hut si.ntence of excomniuncati mi bo pronounced. It must be proii'iunceil by acoinjiu court, and after iv trial at least conformable with natural justice, upon proof, and afer summoning the accused. Aiki sentence of excommunication nay be followed no doubt in the ease of a iiisliop by Kentenco of suspeiisioii or deprivatiiMi, or such other seiiience as a court of com pi^tent juri*lictipii may think fit to [ironouce, if an>. Hut that too must be by a court of coinpi't lit juris lic- tioii,, after a trial consistent u'itli natural jus- tice ami HO on. It would be a poor jest to ask if any such investi:; ition or sentence has taken place. Hut what is, perhaps, not niiiiitiiiestin<4 to re- mark, is the extraordinary iiicaiiacity of I'ven tho most con(?eioiitious man to act towards others on tli" j^oMi'ii rule of donrj; as he would be done by. ' Here is a man who, for olfeuci'S r»ally open, ulariiip:, not denieil, but gloried iii,olfences aj;aiiist canon law,a^;ainst stutue law, JiKainst common seiisw and ordiiiarj' good manners, after the utmost lenity and forbearance shown towards him, is at last cited, before a s«!l-orgaiiized tribunal, not a cmirt of( oiirs'j in any legal seus(!, or with .■my legal powers, but as good a triluinal as could be formed in the diocese — i learjy as respe table a Iriliunal as any Chamber or Commerce or Hoard of Surveyors — and after weeks of notice, and days of trial in his pri'senco, -s at last found, by that so-cal|pd "Court or Board of liLjuiry" to have committeil act- which, as 1 have said, be never denied, and openly gbiries in; and yet for weeks the whole city has been disturbed by the vocif- erous (damcuirs of his partisans — 1 will not say of hiin- Belf, for I believe he is but the instrument of otlu'rs — against tho illegality, the injustice, tho mo'istrous nature of tho tribunal, and the tindingand the sentence: and at least if the (hdendaiit does not openly join In these clamours, he utters no word to brand them as un- founded and sl.indorous. N.iy, his counsel here argues most temperately and discreetly I admit, but still vigorously, on the same side, namely, that the S'ntence against thu defendant was inconsisleut with nattiial jus- tice. And yet this same man thinks it coii-istent with natural justice, and that he is dispensing to otlnus the same measure of justice, whi^rewitU ho seeks to be judged hiiiisi If, that the liishop should be held to have lost his whole position without any trial, by tln^ sentence of iio('oiirt or any triliunal resembling a court, without notice, without summons, without buiiig even put on his defence, by a mere oril suggestion of couns' '. Surely the old proverb of straining at a gnat and sw.i;. owing u caimd never received so exaggerate 1 an illustration ! The positi (,f all authority in the liritish Doniin ions, by an inst unieiit .is solemn as I hold my own Co n- mission and derived clirectly from the Crown under llei- Majesty's Si;:n Mainril. It is true the powers so piven reipiire to be supplemental, souk^ of t .em iiy the author- ity of an Impeiial lU' local Act of I'.irli inii'iit. My own ciminiission is sancti clear obligation; whatever reputation for conscientiousness the customer may liave cl.iime.l for hini.ielf, I am afraid the trader uieJ tlie world generally would place it at a very low standard. This cont.'iitiou, however, by the defendant's counsid, that the plaintiff is not in fict a Itishup of the Churcli of England at all makes it im|ossible f u- mo to lake any longer tl:e favorabhMMiistrui.tion which I felt disposed [to ]itiice yesteriluy on his stutement iu thu letter uf tUo C « /• VI. 26tli Scptonibnr, to flic ofTi't-t (itiiidiod) timt lio only ili- tfiiiluil lo rc^sist till) unlawful, not tlii luwriil, excrfiiii tit tho HIhIiiip'h iiutliority. For it now iippoiirs tliiit flic (Icfoiidant must tliorcby liuve incnnt tliat lidonly iritcnil- w(l to rt'.sint tho InwlMlncHs of tli« UislKjp's iiuiiiority altoguthi-r, iiinl not the cxoroiso of it, it it wnrt hcM iiltiinali'ly to ho lawi'nl. Tliat of course is liohling out no olivn hranch at all llavint; then examined thnsp Pandora stroet pro- ceccliiiKs inurh inoro luiiiiitidy than perhaps I havo any ri};ht to ('xaniinc tlii-ni (loolviiig to Dr. \Varri'n"H c ihc>) I havo eonic to lli" ('onoliision tlia thu pliiintifT is a Hislmp of the (Jhiirch of Kny;lanil, and the diMciidant is a clerf^y- niaii of tho aanio ohiii'<-li ; that tho proiu'odinps iii Pan- <1mi- I "tToot tliou^^h not aocordinf^ to the prci'iso form »iiggeat"d (not reijuirod) hy tho Church Disciplirn Act in Kngland. woro yot in a roasonahh, analogy with it, tho assossorial part b.t'iig diltcrontly conHtrnctcd troin that in liongvs. the iJisImp ofCipo Town; that tho i)r;i- coodingH wplii;atioii of either i)arty, in these Bpiritnal disputoj on a proper oaso hoiui shown. Hiit more than that; tho IJisliop lias a trust to oxecuto, and ho liaH a right to conio iioro as tn '00 to prevent a mis- application of tho funds aid lands and liuiidiniis just as 1 iipprehend the tleasurer or other proper otlicer of an iii-.iiranco comp my would have a right to come horo ami demand the aHsi>tance of tho court to get rid of a sus- pended iiiana.'ei who rehised to givo up the hooks or tho key of the ollice. .Moreover tho plaintilf has |)ro aldy a right to coinii hero in his cluiractorot general ovorseer of tho Church of Kngland t > prevent his suhirdiiiatos Ironi infringing statutes. And by tho 14 Charles II, no uii- licoiisod IMinister may proacli uiidor tho penalty of tlireo months iiii|irisoiiment. It is true tho Hisliop might pro- bably proceed by indictment ninlor this statute, liiit tlKue is no reason why he sleinld he driven to a inoie toilions remedy and wait for tho \ssi/,es hero wliii'h may not bo hold for some time. IJesides the ilel'einlant surely dues not wish to bo proseciiteil as a criminal. I should he sliockel if anybody were to attribnte to him tho s(a'- (liil ambition id' wishing to appear a martyr. And if the Hishop were to await tbr tho Assizes, the illegal pioai h- ing Wduld bo going on in the meaiitiine. Finally in onb'r to carry out tho object and spirit n( this Siimo statute, the Itishop's maniiest duty which he is com- liellod to discharge is to take steps fur excluding him IVont the pulpit; can I possibly s ly tho Ifishop has no riuht 10 intortero xtIioii it is 0110 ot tho duties of his high o'lico which he is bound to discharge; or that he his a loss right to have a wnmg r dressed hoc iiise it is also a Btatutory misdemeanfir? Then again as to tho ipies- tioii of marriages. It is Impossible to decide anything just now as to the validity of a marriage by an un- licensed clergyman of tho ('hiindi of Kiigland. Tho Ktatuto says that tho clergyman in each ileiioinination may celelnate mariiam's accurding to tho rite-iand ceie- inonirs of their respective chniclies and all other mar- riages are to lie vuid. Whether any ('lergymau who h is been unlicensed can, consistonlly with tho rites and coronioiiies of tho Cliundi of l';ir.;laiid celebrito a mar- riage or indei'd olflciate in any way as a clergyman of that (hiircli is the ^luestioii to bo argued and on which tliw validity of the,-o n.arriages dopetuls. It is a gravo point, but it cannot be decided now If I woro imw to o,x|)ioss myself, or if all the throo judges were hero and expressed themselyos over so decidedly in fivorof tho validity of the mairiiges that could deiudo n itbing 'J he question may bo raised over and over a^aiu as touching tho status of every wife and husbind, as touching tlio legitimacy of every child, of every UMr- riage celebrated by the defen laiit, and tho do -isi 01 in one ciiso will uot bo of any binding I'oico iu any otliur icaso Kvon if every rno of theso marriages shall be severally docidod to bn valid, there is ill tho inoantimi* n ,cloiid and a disuraco necessarily hangiiigovor every wifti and every child of such a niarria.,0 , tho niero doubt is lalmost as bad as tho certainty of tho invalidity. It is a , liesh instaiico of tho pxtremo danger ot listening to 'what wo i*ni)poHo to bo tho voice of oonscionco ; horo is a jnian generally re|)uted to be of the utmost humanity and tho utmost conscientiousness, who disobeys the clearest words of II solemn and reiterated vmv, with the nucos- aary and deliberate result of intlii'tiiig the most criiol in- jury upon iioor woinon wlnim perhaps In- iiovor Haw before, and generations, perhaps of unborn children, and this in obedience, as he sii|)pose8 to tho dictates of his conscionco. It is siinply an abiiHO nf tonus. Tlioro is no conscionco in tho matter at all, in tho hgiiso iu wl''ch that word is undorstoo 1 by tho Court or by any person of nndorstaniliiig. It was long ago pointed out by Lord Coke tImt a good man will obey the laws, and ho ipiiitos tho heathen poet, (who ni ly give many les- sons to us Christians), answering the ipiostion " I'tc- hiinii.'^ i:it nirro olisorv- II coiic'L'do to lay, he shows, n the spirit of .' tnillHSI'l'8^88 coiiscioiitious- lis (lay ruail at lii'ow:* a siiigu- ■oiiilnct. ill le- 1H72. IKti- ia 11(1 coiitliulis- iir liuc-s of tho ulicioils ji;<'""l ■achur shall in .rpuso impii;;ix |>tlii'r priMclic'r u' adjoiiiinn; tlid iliocesa at to lie in 11^ Mild ooii- \< i disiinlL't- uid lilsJiop (•hill.; until r is i-yen I'-pi'ctivi' of iii'd. .vow liiot on llio 1011, oxcupt t," lint tho '■•(iV* lif I'X- igH luid of is lirst an then an I'X- It is not an •cpi'iitinco. °H hiiiiiilia- llu is ri-ady restore tlio eiidant that reliises to ! Ills 1 ttiT he is ready lint to thia iiiiiiniitul II I'here ara ys it is to tho (leci- iistinction res to his 11 aelini'W- r his. lint wi) tliini^s, lilt lie ia eeonies of lit. illy iii- iliiiii I'liig- ,t counteu- din ancc can he or they claim to form even a conjectural opinion upon iniittMrs really obscure? II' a man cannot uiiiliMiiaiiil till" OJid caiiiiii how ciiii lio claim to direct lis in the nia/.es of eci lesiustical l,-.iV ? "A mighty ii.azo thou;;h 'lot without a plan.'' Unt how can tho defend-, ant III! iiiia^ineil to Imvu a clew to it '! or claim a ri^ht to direct others In it? or own to walk in it by himself ?i If any man ever wantud an uvorsuer, surely thi« man does. I The ;;raiitint? and revocation of a license are very much ill tho episcopal diricrction (I'ooln'n case) at least as to curates who enjoy only a stipend, 'riie case miiy or may not lie dilfereiit, wliuro tliu revocation duprives; a cler;;yiiiaii of hid rinht to a freohold benefice. Allj that need bo 8aid on that iirnunii'iit is, that it does not arise here On the materials now bei'oro me I must take i! il all events, that there is no iVeeliold beiielicc! hold i> tlie liceii-e. It was very strongly urued, liuw-i eve . at the bar, lint where a license is so coupled Willi pec iiiary einoluinent that the money cannot be pocket- ed unless the license lio continued, such licmiso caniioi lio ail'itiMiily revoked, either in an|oci;li'siastical or diiy other case. There is miicli force in tlis arj;umeiit so far as the word "•arbitrarily" enters into it. Dr. I'ovah's case is an ailthoriiy for that. In fact I'onle's case, tliiiiiich it dechires that the Uisliop or Arclibisho]) has a (llncretion, insists also tli it that discretion shall be dis- creetly exercised, i. e., not wantonly nor without due ciuisiileration. nor without notice to the ciirale ; but when so exercised tills iliMietion will not be iiiterlcreil with. I'liere must be some authority somewlierc. I have little doubt but that it evisis ill this Court, to exainiiu! i.n iitiinlmnn<, or proliibition, or bill fir iii- junclioii, or in some way, into tlm exercise of this discre- tion by the IJishiip. i. e , as in I'ovah's ease, into the minni'r in which tho discretion has been exercisBil. liiit if the Itishiip his exaniiied duly and disaoproves, L 'rd Klli'iib.irou^li intimates that the Court wiil nut say •'approve tlioimh you do not approve, take mir (mii- Kciffiice instead ofyoiir own." This is especially true jieriiaps il the license is ace impani-id liy any interest or illj^iiity. Ill fict 1 II ive been I ximiiiiiif; into that dis- cretion in this very case; I am not sure tli it I was aii- thnri/.ed to do so, luit it seemed to be the ib'sire of both parties and the ilefendunt at least loudly demanded it. Ido not say tiiat my eoielnct in this vesp -ct is to torn, a precedent. In Dr. Warren's case the Court beiiif^ onci" salistied that the Wesl-yan Contereiice was iiutliorized to act, refused to examine into or to at all to consider the I ropiiety oT the particuhir lino the Coiiferelico hid thnui^ht lit to adopt. The lata! m'ror in the deieiidaiit is. that he has taUoii no steps to rectify or annul the orroiienns revoc;ation, if it were erroneiiiis. I[i.' Ins not even atteiiiptid to ri'Slrain the plaintilf's conduct. Itiit until set aside the revocation is of course in .ixistenco anil in I'nrco 'lake iii cxan'iilc from this very Court. 'file Older wliicli I am .ihoiit to make, iii.iy in tliw op iiiioii of the ileri-iidant's advisers bewioiii;. i!ut really until it is set aside, 1 i/iiist warn them that they must ('I'ey it It will not do lor them to say that 1 have in ide a mistake, .'ind therefore it appears to them that I have reniiuiced my ade^iance and torn up my ('.iinmission, and I am i'/imj f';iveiiess anil promisim; amendmeiit he is an nil licensed cltrgyman. Tho Act of Uniformity, says lie Hiiiill n it III* allowed to preach cir oDiciate. not at least lis a clergyman of the ('liiirch of Kiigland, nor in a building cousecratod to the service of the (.'hurcli ul Kiigland Nor lias tho Itishop any choice whether lie will or not take these proceedinifs or Hiune proc^e(lin({9 for preventing him froiii ho doing. The Itishop, to use tho words of .'^ir llwrbert .leniier Fust, in IJiirder i'.'' I.aiigley, "would not have properly discharged the duties of bin high olUce," if he liiid permiitid iiii unlicensed person so to preach or olliciato. There is ofcuuise iinlimifed free loin of conscience hero as in Knglaiiil. I'.verybody , whether he has ever been ordained in the Church or not. is at liberty so far as tlio lay courts are conceined, to preai li what he likes and where ho likes, (within certain limilu of public ilucency.) Only the law says, "You shall not do iliis in the character of a clirgynmn of the Cliurch of I iigliiiid, nor in any Kiiglish Chinch, without the liceaso of the Uishop. You may not run with the ll,•^re and hunt with the lionnds." The defendant's ciyiiiiKel urged that this iiile does not apply to the defendant, because to apply tho rule would lie to ibpiivo him of $JlO }»r (tiiiiitm. Keall.v I think that is a case of oppri'ssion of c uiscience, this is a very curious line ot argiimeut. Y'oii are oppressing a man's (!oiisiii-iice ifyoii refuse to allow him to ciiitinue receiving $1 mi per aiinnni when he breaks every stipulation upon wliicli it was to bo 'paid to him. Nriwthelaw lays down the same rule fir all |religioiis denomiiiations and iiidinl for all voluntary associations here ndigious or secular, Leave the n« sociatioM and yoti may do as you like. Hut you shall not be allowed to occupy the Chiiri h of your denomin- ation or I'le .illices of your .loiiit Stock Company ( I ninke the compirison with some apology, but really the prin- ciple is exactly the same) and at the same time set at detiance the riib's of the voluntary associ.i ion to which you say you belong. Nay, more; you shall not be allow- ed to act here or hod yourself out as the agent ol tho association, trading or otherwise, against and in deliaiica iof their rules. Kverybody will see the monstrous in justice of allowing tin." ."^i crelaiy of an Insiir.ince Co aller he Ims been suspended by the manager, to continue in occiipalion of the Company's offices, or allowing him to set up next door, or anywhere within the sphere of the Company's Iiii»iiiess, aini hold himself out to tho Will Id as SI cii tary to the Company still. And surely the injustice t 1 tho Company woulil not he less if the court by reliising to iiiierl'ero enabli'd this .iiess, it is a luer.' delu-ion ti suppose that conscience has aiivthing to do with the present dispute. .Mr. Ueece's d letiiiii,' has never been approved. The defendant's doctrine has iiiVer been Idaiiiid. liotli gentlemen aro probibly within the true limits of doririne deemed by ourChurh to be necessary. No right of conscience |g or ever has been sought to be ilivaiieil here, except the right tint every man m.i.v do just that which is good in his own eyes. If fliat be what is meant I y •'rights ot 'Hscience" tlieie is no mere to lie said, but that all cases and instances of society, in Cliurch and in State, in trade and in the family, the most savage iiiid the most polite alike, are coiisti ucted and can aloim cohere on the exactly opposite luinciple: viz., that if society is to subsist at all. men can wit be perinittc.l to do everything that is right in their own eyes. And all laws iilid regiilationsof SOI iety, are at bottoiil nothing more than a statement of what a man may do, and what a man may not do, of those tli ings which apjiear to liilil right, or desirable. The plainti If in thii« case appears to me to have acted with excessive forbearance and loiii; sulfering. lie now comes here in pertormaiice of ii statutory duty, the contained neglect of which would Biitijecl Liiiu to Very painful personal conaequonces, and Itevcn Hppoai'i to nio (hit tlio Cliurcliwanlcns of CliriHt Omrcli, or porlmp^j any tlin'o or iiioro iiKMuhcrH of tlin coiinro)?aiioij mij^iit [irobalily hiivu HUccui'sCiilly upplii'd for a mitnilitmus very many iiiunths ajio ti noini.ol the liirthop to inturfort) iiiiicli iiiDro vigorously than hu hati dono I iini very far I'roni nnyi-if^ tho court couM intor- foro withotit tho Hhhop, or in any way except siiuply to supply cotircivt) power to a lawful or;U'r. Ilin rt<- luuUncu tof^xi'it hit pciwnr tn ly hownvcr, ohvl (Unly h<- iniputHit to m itivus of thu ni >hi ohrusihin forb(;;traiicu; ii is Ihf) proverbial pr pcnsity of hishoiin wlii( h ^ivi-s riHc continually to coinplalntH. It ct-rtalnly iIohh not llu in the ilolonilauti mouth to raiso any ohjuciioiiH on tin- score of liicUeH, and to ilo him jusrico, ho did not rune any such ol)|ectiou. But it the di-iendant had lioon »i ouco ia fieceiubor, 1S7:^, excluded Iroin tUo pulpit of 'CliriHt Church, until duH Rubmlssion I should not now j have had thu most paintul duty of attpnd to extend most especially to cuiebratiug marriut;eH, MATXUEW B. BEQBIE, 0. J. ^ f 'iild iiDt now K to tliU (lid. (iHileiKte of a Bfoiidiitit will "w I hh'iuM 1 to iicci'pt if >^ 'III iii|iiiic> It'is. 1 iiopa m ly by cou. ill diHiiilHN(>(]. icliim wliloli cspeciiilly to IK, C. J. EmmmiK -0- CONTENTS. No. of Document. Page. of Newcastle's Preface Charges against Mr.* ciiclgo .'.*.'.'.". Protests of Mr. Cridge ".*''' Letters Patent of tliw iVishop '*' Lawfulness of Synods; Duke" Dispatch Letter of the Bishop calling Con'v.'nUon iiiVidence Correspondence before theCenVure The Censure Visitation of Cathedral* 1*873.''.'..'.'.*.!!!*. Correspondence respecting the 'Cen'siire Correspondence respecting C...nfii'mation,"&*c Mr. Cridge' s attack upon Episcopacy Explanation called for The Censure repudiated....'.'..* Visitation of Cathedral, *i8*74*.'.*.!!! Report of Assessors Judgment of the Bisliop! Eevocation of License and Su*sp'e'n*Jio*n"from**th*e D(;anery Refusal to admit the Hishop't'o tho'Cat'hedral" Resistance to the Bishop's Judgment Bishops otter to subm it a case to the Supreme Co'ui't Apology of Mr. Cridge during the trial in tile Supreme Court The Judgment of the Hon. Mr. Ju*siice*B;gb,*e'in the Supreme Court, granting Injunction 1. 4, 5, 55. 6. 7. 8. 9, 10. 11 to 15. 16. 17, 18, 19, 20 to 25. 26 to 33. 34. 36, 37, 38, 40 39. 35, 41 to 52. 54. 53. 50, 57. 58, 60. 59. 61. 62. Appendix. 2-12 13-14-59 14-17 17-20 20-22 23-26 26-27 28 29 30-37 37-41 41-44 44-46, 53 40-52 44, 53-56 58 56-58 59-60 60 00 61 01 i-viii